By:  Goodman                                           H.B. No. 758
       73R3094 JMM-D
                                 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.  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 a year from the date the support is delinquent until the
   1-10  date the support is paid, regardless of whether the amount of child
   1-11  support in arrears has been reduced to judgment by the court as
   1-12  provided by Section 14.41 of this code.  A court that confirms the
   1-13  amount of child support in arrears under Section 14.41 of this code
   1-14  shall include the amount of interest owed in the total amount
   1-15  confirmed <computed monthly.  If a child support payment is made
   1-16  before the 31st day after the day that the payment is due, interest
   1-17  does not accrue on the amount of child support that is paid and
   1-18  that is 30 days or fewer overdue>.
   1-19        (b)  A child support payment is delinquent if the payment is
   1-20  not received by the obligee, registry, or other entity specified in
   1-21  the 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 other entity specified in
    2-1  the child support order on the date that an amount equal to the
    2-2  support 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 child
    2-7  support shall be applied, first, to delinquent child support and
    2-8  interest that has not been reduced to judgment under Section 14.41
    2-9  of this code and, second, to delinquent child support and interest
   2-10  that has 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, and
   2-17  applies only to child support due and owing after the effective
   2-18  date of this Act.
   2-19        SECTION 4.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.