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
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   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
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   2-24  Name:  Roy Ray                                   x
   2-25  Representing:  AARP
   2-26  City:  Austin, Texas
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