1-1 By: Carriker, Rosson S.B. No. 17
1-2 (In the Senate - Filed November 9, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 2, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 2, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 17 By: Harris of Dallas
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the exemption of property in this state from the
1-20 satisfaction of another state's judgment or claim for unpaid income
1-21 taxes on certain retirement benefits.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Subtitle A, Title 5, Property Code, is amended by
1-24 adding Chapter 44 to read as follows:
1-25 CHAPTER 44. TAXATION OF RETIREMENT BENEFITS BY ANOTHER STATE
1-26 Sec. 44.001. DEFINITION. In this chapter, "pension or other
1-27 retirement plan" includes:
1-28 (1) an annuity, pension, or profit-sharing or stock
1-29 bonus or similar plan established to provide retirement benefits
1-30 for an officer or employee of a public or private employer or for a
1-31 self-employed individual;
1-32 (2) an annuity, pension, or military retirement pay
1-33 plan or other retirement plan administered by the United States;
1-34 and
1-35 (3) an individual retirement account.
1-36 Sec. 44.002. PROPERTY EXEMPT. All property in this state is
1-37 exempt from attachment, execution, and seizure for the satisfaction
1-38 of a judgment or claim in favor of another state for failure to pay
1-39 that state's income tax on benefits received from a pension or
1-40 other retirement plan.
1-41 Sec. 44.003. LIEN NOT CREATED. A claim or judgment in favor
1-42 of another state for failure to pay that state's income tax on
1-43 benefits received from a pension or other retirement plan may not
1-44 be a lien on any property in this state owned by a resident of this
1-45 state.
1-46 SECTION 2. This Act applies to the attachment, execution,
1-47 and seizure of property to satisfy a judgment without regard to
1-48 whether the judgment was entered before, on, or after the effective
1-49 date of this Act.
1-50 SECTION 3. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended,
1-55 and that this Act take effect and be in force from and after its
1-56 passage, and it is so enacted.
1-57 * * * * *
1-58 Austin,
1-59 Texas
1-60 February 2, 1993
1-61 Hon. Bob Bullock
1-62 President of the Senate
1-63 Sir:
1-64 We, your Committee on Jurisprudence to which was referred S.B. No.
1-65 17, have had the same under consideration, and I am instructed to
1-66 report it back to the Senate with the recommendation that it do not
1-67 pass, but that the Committee Substitute adopted in lieu thereof do
1-68 pass and be printed.
2-1 Henderson,
2-2 Chairman
2-3 * * * * *
2-4 WITNESSES
2-5 FOR AGAINST ON
2-6 ___________________________________________________________________
2-7 Name: Louis A. Boxleitner x
2-8 Representing: NARFF, RESIST, NAUS
2-9 (Retired)
2-10 City: Houston, Texas
2-11 -------------------------------------------------------------------
2-12 Name: John R. Hawkins, Sr. x
2-13 Representing: Texas Silver Haired Leg.
2-14 City: Snook, Texas
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2-16 Name: John W. Holtermann x
2-17 Representing: Texas Silver Haired Leg.
2-18 City: San Marcos, Texas
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2-20 Name: J. N. Miller x
2-21 Representing: Self
2-22 City: Austin, Texas
2-23 -------------------------------------------------------------------
2-24 Name: Roy Ray x
2-25 Representing: AARP
2-26 City: Austin, Texas
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