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