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 2-15 ------------------------------------------------------------------- 2-16 Name: John W. Holtermann x 2-17 Representing: Texas Silver Haired Leg. 2-18 City: San Marcos, Texas 2-19 ------------------------------------------------------------------- 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 2-27 -------------------------------------------------------------------