You are correct. The actual reading of the statute makes it clear that the $30k/$60k exemption is for property in the enumerated categories. To fully understand that reading you have to see § 42.001 & § 42.002 of the Texas Property together. I’ve listed the pertinent portions here:

§ 42.001. Personal Property Exemption

(a) Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if:

(1) the property is provided for a family and has an aggregate fair market value of not more than $60,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property; or

(2) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $30,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.

§ 42.002. Personal Property

(a) The following personal property is exempt under Section 42.001(a) :

(1) home furnishings, including family heirlooms;

(2) provisions for consumption;

(3) farming or ranching vehicles and implements;

(4) tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession;

(5) wearing apparel;

(6) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a) ;

(7) two firearms;

(8) athletic and sporting equipment, including bicycles;

(9) a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver’s license or who does not hold a driver’s license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person;

(10) the following animals and forage on hand for their consumption:

(A) two horses, mules, or donkeys and a saddle, blanket, and bridle for each;

(B) 12 head of cattle;

(C) 60 head of other types of livestock; and

(D) 120 fowl; and

(11) household pets.

It is very common for constables and sheriff deputies to be confused on this matter and, in my experience, they don’t like serving writs of execution because it’s not a pleasant task. In all cases where I know there are adequate assets outside these categories that are not otherwise exempt, I ask to go with the deputy serving the writ to make sure seizable property is actually seized.

My understanding of the $30k/60k exemption has always been that the property claimed under that exemption *must* be in the enumerated categories (e.g., two firearms, twelve head of cattle, household furnishings, etc.).

I was talking to a neighbor who happens to be a sheriff’s de[uty but once was a deputy constable. He swore up and down that the $30k/60k applied to *all* possessions and thus I couldn’t take someone’s big screen TV or stereo, for example, unless all of their other claimed exempt property reached the threshold.

Of course I told him I thought he was incorrect and he swore that’s what the law says.

I have two questions:

1. Who is correct, and

2. If I am correct, how common is it to encounter constables who don’t know what they are doing?

I suspect a lot of writs are returned nulla bona unless the judgment creditor is along for the ride to make sure the constable does his job. I’ll bet constables find it unsavory and will take every opportunity to avoid collecting.