1-1     By:  Carona                                             S.B. No. 84
 1-2           (In the Senate - Filed December 7, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     February 18, 1999, reported favorably by the following vote:  Yeas
 1-5     5, Nays 0; February 18, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to exempting certain property from attachment, execution,
 1-9     and seizure for the satisfaction of debts.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsections (a) and (b), Section 42.0021,
1-12     Property Code, are amended to read as follows:
1-13           (a)  In addition to the exemption prescribed by Section
1-14     42.001, a person's right to the assets held in or to receive
1-15     payments, whether vested or not, under any stock bonus, pension,
1-16     profit-sharing, or similar plan, including a retirement plan for
1-17     self-employed individuals, and under any annuity or similar
1-18     contract purchased with assets distributed from that type of plan,
1-19     and under any retirement annuity or account described by Section
1-20     403(b) or 408A of the Internal Revenue Code of 1986, and under any
1-21     individual retirement account or any individual retirement annuity,
1-22     including a simplified employee pension plan, is exempt from
1-23     attachment, execution, and seizure for the satisfaction of debts
1-24     unless the plan, contract, or account does not qualify under the
1-25     applicable provisions of the Internal Revenue Code of 1986.  A
1-26     person's right to the assets held in or to receive payments,
1-27     whether vested or not, under a government or church plan or
1-28     contract is also exempt unless the plan or contract does not
1-29     qualify under the definition of a government or church plan under
1-30     the applicable provisions of the federal Employee Retirement Income
1-31     Security Act of 1974.  If this subsection is held invalid or
1-32     preempted by federal law in whole or in part or in certain
1-33     circumstances, the subsection remains in effect in all other
1-34     respects to the maximum extent permitted by law.
1-35           (b)  Contributions to an individual retirement account or
1-36     annuity that exceed the amounts deductible under the applicable
1-37     provisions of the Internal Revenue Code of 1986 and any accrued
1-38     earnings on such contributions are not exempt under this section
1-39     unless otherwise exempt by law.  Amounts qualifying as nontaxable
1-40     rollover contributions under Section 402(a)(5), 403(a)(4),
1-41     403(b)(8), or 408(d)(3) of the Internal Revenue Code of 1986 before
1-42     January 1, 1993, are treated as exempt amounts under Subsection
1-43     (a).  In addition, amounts qualifying as nontaxable rollover
1-44     contributions under Section 402(c), 402(e)(6), 402(f), 403(a)(4),
1-45     403(a)(5), 403(b)(8), 403(b)(10), [or] 408(d)(3), or 408A of the
1-46     Internal Revenue Code of 1986 on or after January 1, 1993, are
1-47     treated as exempt amounts under Subsection (a).
1-48           SECTION 2.  The change in law made by this Act applies only
1-49     to property that is subject to attachment, execution, and seizure
1-50     for the satisfaction of debts on or after the effective date of
1-51     this Act.  Property that was subject to attachment, execution, and
1-52     seizure for the satisfaction of debts before the effective date of
1-53     this Act is covered by the law in effect when the property became
1-54     subject to seizure, and the former law is continued in effect for
1-55     that purpose.
1-56           SECTION 3.  The importance of this legislation and the
1-57     crowded condition of the calendars in both houses create an
1-58     emergency and an imperative public necessity that the
1-59     constitutional rule requiring bills to be read on three several
1-60     days in each house be suspended, and this rule is hereby suspended,
1-61     and that this Act take effect and be in force from and after its
1-62     passage, and it is so enacted.
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