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.