H.B. No. 758
    1-1                                AN ACT
    1-2  relating to the accrual of interest on delinquent child support.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 14.34, Family Code, is amended to read as
    1-5  follows:
    1-6        Sec. 14.34.  ACCRUAL OF <PREJUDGMENT> INTEREST ON DELINQUENT
    1-7  CHILD SUPPORT.  (a)  Interest accrues on delinquent <an unpaid>
    1-8  child support <obligation prior to judgment> at the rate of 12 <10>
    1-9  percent simple interest per <a> year from the date the support is
   1-10  delinquent until the date the support is paid, regardless of
   1-11  whether the amount of child support in arrears has been reduced to
   1-12  judgment by the court as provided by Section 14.41 of this code.  A
   1-13  court that confirms the amount of child support in arrears under
   1-14  Section 14.41 of this code shall include all prior arrears and the
   1-15  amount of interest owed in the total amount confirmed <computed
   1-16  monthly.  If a child support payment is made before the 31st day
   1-17  after the day that the payment is due, interest does not accrue on
   1-18  the amount of child support that is paid and that is 30 days or
   1-19  fewer overdue>.
   1-20        (b)  A child support payment is delinquent if the payment is
   1-21  not received by the obligee, registry, or entity specified in the
   1-22  child support order before the 31st day after the payment date
   1-23  stated in the order.  If a payment date is not stated in the child
   1-24  support order, a child support payment is delinquent if payment is
    2-1  not received by the obligee, registry, or entity specified in the
    2-2  child support order on the date that an amount equal to the support
    2-3  payable for one month becomes past due.
    2-4        (c)  Interest <(b)  Prejudgment interest> that accrues as
    2-5  provided by this section is part of the child support obligation
    2-6  and may be collected by any means provided for the collection of
    2-7  child support.  An amount collected in excess of current support
    2-8  shall be applied, first, to interest and delinquent child support
    2-9  that has not been reduced to judgment under Section 14.41 of this
   2-10  code and, second, to interest and delinquent child support that has
   2-11  been reduced to judgment under Section 14.41 of this code.
   2-12        SECTION 2.  Article 1.05, Title 79, Revised Statutes (Article
   2-13  5069-1.05, Vernon's Texas Civil Statutes), is amended by adding
   2-14  Section 8 to read as follows:
   2-15        Sec. 8.  This article does not apply to interest that accrues
   2-16  on delinquent child support under Section 14.34, Family Code.
   2-17        SECTION 3.  (a)  This Act takes effect September 1, 1993.
   2-18        (b)  This Act applies to child support payments due on or
   2-19  after September 1, 1991, and any accrued arrears which were owing
   2-20  on or after September 1, 1991, in:
   2-21              (1)  an action commenced on or after the effective date
   2-22  of this Act; or
   2-23              (2)  a new trial or retrial following appeal of the
   2-24  trial court's judgment in an action commenced before the effective
   2-25  date of this Act.
   2-26        (c)  Judgments rendered prior to the effective date of this
   2-27  Act in accordance with Section 14.41, Family Code, shall bear
    3-1  interest at the rate specified in the applicable law in effect
    3-2  prior to the effective date of this Act, and that law is continued
    3-3  in effect only for this purpose.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.