1-1     By:  Solomons, Marchant, Janek, Thompson                H.B. No. 76
 1-2          (Senate Sponsor - Carona)
 1-3           (In the Senate - Received from the House April 9, 1999;
 1-4     April 12, 1999, read first time and referred to Committee on
 1-5     Jurisprudence; April 22, 1999, reported adversely, with favorable
 1-6     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-7     April 22, 1999, sent to printer.)
 1-8     COMMITTEE SUBSTITUTE FOR H.B. No. 76                 By:  Wentworth
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to exempting certain individual retirement accounts from
1-12     attachment, execution, and seizure for the satisfaction of debts.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Sections 42.0021(a) and (b), Property Code, are
1-15     amended to read as follows:
1-16           (a)  In addition to the exemption prescribed by Section
1-17     42.001, a person's right to the assets held in or to receive
1-18     payments, whether vested or not, under any stock bonus, pension,
1-19     profit-sharing, or similar plan, including a retirement plan for
1-20     self-employed individuals, and under any annuity or similar
1-21     contract purchased with assets distributed from that type of plan,
1-22     and under any retirement annuity or account described by Section
1-23     403(b) or 408A of the Internal Revenue Code of 1986, and under any
1-24     individual retirement account or any individual retirement annuity,
1-25     including a simplified employee pension plan, is exempt from
1-26     attachment, execution, and seizure for the satisfaction of debts
1-27     unless the plan, contract, or account does not qualify under the
1-28     applicable provisions of the Internal Revenue Code of 1986.  A
1-29     person's right to the assets held in or to receive payments,
1-30     whether vested or not, under a government or church plan or
1-31     contract is also exempt unless the plan or contract does not
1-32     qualify under the definition of a government or church plan under
1-33     the applicable provisions of the federal Employee Retirement Income
1-34     Security Act of 1974.  If this subsection is held invalid or
1-35     preempted by federal law in whole or in part or in certain
1-36     circumstances, the subsection remains in effect in all other
1-37     respects to the maximum extent permitted by law.
1-38           (b)  Contributions to an individual retirement account, other
1-39     than contributions to a Roth IRA described in Section 408A,
1-40     Internal Revenue Code of 1986, or annuity that exceed the amounts
1-41     deductible under the applicable provisions of the Internal Revenue
1-42     Code of 1986 and any accrued earnings on such contributions are not
1-43     exempt under this section unless otherwise exempt by law.  Amounts
1-44     qualifying as nontaxable rollover contributions under Section
1-45     402(a)(5), 403(a)(4), 403(b)(8), or 408(d)(3) of the Internal
1-46     Revenue Code of 1986 before January 1, 1993, are treated as exempt
1-47     amounts under Subsection (a).  Amounts treated as qualified
1-48     rollover contributions under Section 408A, Internal Revenue Code of
1-49     1986, are treated as exempt amounts under Subsection (a).  In
1-50     addition, amounts qualifying as nontaxable rollover contributions
1-51     under Section 402(c), 402(e)(6), 402(f), 403(a)(4), 403(a)(5),
1-52     403(b)(8), 403(b)(10), [or] 408(d)(3), or 408A of the Internal
1-53     Revenue Code of 1986 on or after January 1, 1993, are treated as
1-54     exempt amounts under Subsection (a).
1-55           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-56           (b)  The change in law made by this Act applies to all
1-57     contributions made under Section 408A, Internal Revenue Code of
1-58     1986, before, on, or after the effective date of this Act.
1-59           SECTION 3.  The importance of this legislation and the
1-60     crowded condition of the calendars in both houses create an
1-61     emergency and an imperative public necessity that the
1-62     constitutional rule requiring bills to be read on three several
1-63     days in each house be suspended, and this rule is hereby suspended.
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