By: Hunter, Bob H.B. No. 264
73R1417 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suspension of possession of or access to a child
1-3 following the obligor's failure to pay child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 14, Family Code, is amended
1-6 by adding Section 14.35 to read as follows:
1-7 Sec. 14.35. SUSPENSION OF POSSESSION OF OR ACCESS TO A CHILD
1-8 FOR NONPAYMENT OF CHILD SUPPORT. (a) In an order issued under
1-9 Section 14.33 of this code to enforce a child support obligation,
1-10 the court may suspend the obligor's court-ordered possession of or
1-11 access to the child for whom the unpaid support is owed.
1-12 (b) A suspension under this section may be for any period
1-13 set by the order but may not extend later than the date on which
1-14 the obligor pays all arrearages that are owed on the date on which
1-15 the enforcement order is issued. A suspension order must state
1-16 the amount that must be paid as the condition for the expiration of
1-17 the order, if the order is conditioned on a payment. If the
1-18 support obligation to which the order applies is required to be
1-19 paid to the attorney general, the court, or another child support
1-20 collection agency, the suspension may expire only on the
1-21 presentation to the person having possession of the child during
1-22 the period of the suspension of a written statement from the
1-23 attorney general, court clerk, or agency showing that the amount of
1-24 child support required by the order to be paid as a condition for
2-1 expiration of the suspension order has been paid.
2-2 SECTION 2. Section 14.033, Family Code, is amended by adding
2-3 Subsection (q) to read as follows:
2-4 (q) Suspension of Possession of or Access to a Child for
2-5 Nonpayment of Child Support. The court shall expressly state in a
2-6 standard order that under Section 14.35 of this code, the court may
2-7 suspend possession of or access to a child in an order to enforce
2-8 payment of a child support obligation.
2-9 SECTION 3. Section 14.03, Family Code, is amended by adding
2-10 Subsection (k) to read as follows:
2-11 (k) Under Section 14.35 of this code, the court may suspend
2-12 possession of or access to a child in an order to enforce payment
2-13 of a child support obligation.
2-14 SECTION 4. Section 14.313(b), Family Code, is amended to
2-15 read as follows:
2-16 (b) Claims. Claims that may be joined include proceedings
2-17 to:
2-18 (1) enforce a child support order by contempt under
2-19 Section 14.40 of this code;
2-20 (2) reduce child support arrearages to judgment under
2-21 Section 14.41 of this code;
2-22 (3) require a person obligated to support a child to
2-23 furnish bond or other security under Section 14.42 of this code;
2-24 (4) require withholding from earnings under Section
2-25 14.43 or Subchapter C of this chapter;
2-26 (5) enforce a right of possession of or access to a
2-27 child by contempt under Section 14.50 of this code;
3-1 (6) require a person to furnish bond or other security
3-2 to ensure compliance with a court order for possession of or access
3-3 to a child under Section 14.51 of this code;
3-4 (7) transfer the proceeding because venue is improper
3-5 under Section 11.06 of this code;
3-6 (8) petition for further action concerning a child
3-7 under Section 11.07 of this code;
3-8 (9) modify an existing order or decree under Section
3-9 14.08 of this code;
3-10 (10) petition for a writ of habeas corpus under
3-11 Section 14.10 of this code;
3-12 (11) recover damages under Chapter 36 of this code;
3-13 (12) initiate procedures for withholding child support
3-14 from earnings without the necessity of further action by the court
3-15 under Sections 14.44 and 14.45 of this code; <and>
3-16 (13) recover under any reciprocal enforcement of
3-17 support act or interstate income withholding act whether as
3-18 rendering or responding state; and
3-19 (14) suspend possession of or access to a child under
3-20 Section 14.35 of this code.
3-21 SECTION 5. This Act takes effect September 1, 1993, and
3-22 applies only to enforcement of child support payments that are owed
3-23 on or after the effective date of this Act and that are not already
3-24 the subject of a court enforcement order.
3-25 SECTION 6. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.