Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.042

EXEMPTIONS.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 8/26/1985TexasSecurity Deposits

Operative Text

Tex. Prop. Code Ann. §§ 54.041–54.048, 54.901 § 54.042
Sec. 54.042. EXEMPTIONS. A lien under this subchapter does not attach to:(1) wearing apparel;(2) tools, apparatus, and books of a trade or profession;(3) schoolbooks;(4) a family library;(5) family portraits and pictures;(6) one couch, two living room chairs, and a dining table and chairs;(7) beds and bedding;(8) kitchen furniture and utensils;(9) food and foodstuffs;(10) medicine and medical supplies;(11) one automobile and one truck;(12) agricultural implements;(13) children's toys not commonly used by adults;(14) goods that the landlord or the landlord's agent knows are owned by a person other than the tenant or an occupant of the residence; and(15) goods that the landlord or the landlord's agent knows are subject to a recorded chattel mortgage or financing agreement. Acts 1983, 68th Leg., p. 3560, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 305, Sec. 1, eff. Aug. 26, 1985.
Source: Legislative text reproduced verbatim
Plain English

Under Tex. Prop. Code § 54.042, a landlord's statutory lien on a tenant's property does not extend to a defined list of personal belongings. Protected items include everyday essentials such as clothing, beds and bedding, food, medicine, kitchen items, one automobile and one truck, and basic living room and dining furniture, as well as professional tools, schoolbooks, children's toys, and family portraits. Additionally, the lien cannot attach to property that the landlord knows belongs to someone other than the tenant, or to goods already subject to a recorded chattel mortgage or financing agreement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to the Texas landlord's lien statute should be aware that § 54.042 carves out a substantial set of items that are legally off-limits when asserting a lien. Compliant property managers typically take care to identify whether any property on the premises belongs to a third party or is encumbered by a recorded financing agreement before taking any lien-related action. Attempting to assert a lien over exempt items—such as clothing, food, medicine, or a tenant's vehicle—falls outside what the statute permits.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 54.042 of the Texas Property Code gives tenants a protected category of personal belongings that a landlord's lien simply cannot reach, including clothing, beds, food, medicine, one car and one truck, basic furniture, and professional tools, among others. If a landlord attempts to seize or hold exempt property, tenants generally have grounds to challenge that action, and raising the exemption as a defense in any related legal proceeding is a recognized path. Tenant-rights organizations and legal aid offices familiar with Texas property law can help individuals understand how these exemptions apply to their circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Aug 26, 1985
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Tex. Prop. Code § 54.044

Related Rules

§ R 125.2001
Definitions.
§ 5-12-081
Interest rate on security deposits
§ 5-3-5-1
SECURITY DEPOSITS AND PREPAID RENT

Source Information

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