By: Carriker, Rosson S.B. No. 17
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the exemption of property in this state from the
1-2 satisfaction of another state's judgment or claim for unpaid income
1-3 taxes on certain retirement benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 5, Property Code, is amended by
1-6 adding Chapter 44 to read as follows:
1-7 CHAPTER 44. TAXATION OF RETIREMENT BENEFITS BY ANOTHER STATE
1-8 Sec. 44.001. DEFINITION. In this chapter, "pension or other
1-9 retirement plan" includes:
1-10 (1) an annuity, pension, or profit-sharing or stock
1-11 bonus or similar plan established to provide retirement benefits
1-12 for an officer or employee of a public or private employer or for a
1-13 self-employed individual;
1-14 (2) an annuity, pension, or military retirement pay
1-15 plan or other retirement plan administered by the United States;
1-16 and
1-17 (3) an individual retirement account.
1-18 Sec. 44.002. PROPERTY EXEMPT. All property in this state is
1-19 exempt from attachment, execution, and seizure for the satisfaction
1-20 of a judgment or claim in favor of another state or political
1-21 subdivision of another state for failure to pay that state's or
1-22 that political subdivision's income tax on benefits received from a
1-23 pension or other retirement plan.
1-24 Sec. 44.003. LIEN NOT CREATED. A claim or judgment in favor
2-1 of another state or political subdivision of another state for
2-2 failure to pay that state's or that political subdivision's income
2-3 tax on benefits received from a pension or other retirement plan
2-4 may not be a lien on any property in this state owned by a resident
2-5 of this state.
2-6 SECTION 2. This Act applies to the attachment, execution,
2-7 and seizure of property to satisfy a judgment without regard to
2-8 whether the judgment was entered before, on, or after the effective
2-9 date of this Act.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.