1-1 By: Goodman (Senate Sponsor - Harris of Tarrant) H.B. No. 758
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 27, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; April 27, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the accrual of interest on delinquent child support.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 14.34, Family Code, is amended to read as
1-20 follows:
1-21 Sec. 14.34. ACCRUAL OF <PREJUDGMENT> INTEREST ON DELINQUENT
1-22 CHILD SUPPORT. (a) Interest accrues on delinquent <an unpaid>
1-23 child support <obligation prior to judgment> at the rate of 12 <10>
1-24 percent simple interest per <a> year from the date the support is
1-25 delinquent until the date the support is paid, regardless of
1-26 whether the amount of child support in arrears has been reduced to
1-27 judgment by the court as provided by Section 14.41 of this code. A
1-28 court that confirms the amount of child support in arrears under
1-29 Section 14.41 of this code shall include all prior arrears and the
1-30 amount of interest owed in the total amount confirmed <computed
1-31 monthly. If a child support payment is made before the 31st day
1-32 after the day that the payment is due, interest does not accrue on
1-33 the amount of child support that is paid and that is 30 days or
1-34 fewer overdue>.
1-35 (b) A child support payment is delinquent if the payment is
1-36 not received by the obligee, registry, or entity specified in the
1-37 child support order before the 31st day after the payment date
1-38 stated in the order. If a payment date is not stated in the child
1-39 support order, a child support payment is delinquent if payment is
1-40 not received by the obligee, registry, or entity specified in the
1-41 child support order on the date that an amount equal to the support
1-42 payable for one month becomes past due.
1-43 (c) Interest <(b) Prejudgment interest> that accrues as
1-44 provided by this section is part of the child support obligation
1-45 and may be collected by any means provided for the collection of
1-46 child support. An amount collected in excess of current support
1-47 shall be applied, first, to interest and delinquent child support
1-48 that has not been reduced to judgment under Section 14.41 of this
1-49 code and, second, to interest and delinquent child support that has
1-50 been reduced to judgment under Section 14.41 of this code.
1-51 SECTION 2. Article 1.05, Title 79, Revised Statutes (Article
1-52 5069-1.05, Vernon's Texas Civil Statutes), is amended by adding
1-53 Section 8 to read as follows:
1-54 Sec. 8. This article does not apply to interest that accrues
1-55 on delinquent child support under Section 14.34, Family Code.
1-56 SECTION 3. (a) This Act takes effect September 1, 1993.
1-57 (b) This Act applies to child support payments due on or
1-58 after September 1, 1991, and any accrued arrears which were owing
1-59 on or after September 1, 1991, in:
1-60 (1) an action commenced on or after the effective date
1-61 of this Act; or
1-62 (2) a new trial or retrial following appeal of the
1-63 trial court's judgment in an action commenced before the effective
1-64 date of this Act.
1-65 (c) Judgments rendered prior to the effective date of this
1-66 Act in accordance with Section 14.41, Family Code, shall bear
1-67 interest at the rate specified in the applicable law in effect
1-68 prior to the effective date of this Act, and that law is continued
2-1 in effect only for this purpose.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *
2-8 Austin,
2-9 Texas
2-10 April 27, 1993
2-11 Hon. Bob Bullock
2-12 President of the Senate
2-13 Sir:
2-14 We, your Committee on Jurisprudence to which was referred H.B.
2-15 No. 758, have had the same under consideration, and I am instructed
2-16 to report it back to the Senate with the recommendation that it do
2-17 pass and be printed.
2-18 Henderson,
2-19 Chairman
2-20 * * * * *
2-21 WITNESSES
2-22 FOR AGAINST ON
2-23 ___________________________________________________________________
2-24 Name: Shannon Noble x
2-25 Representing: Texas Women's Pol. Caucus
2-26 City: Austin
2-27 -------------------------------------------------------------------
2-28 Name: Howard Baldwin x
2-29 Representing: Atty Gen.
2-30 City: Austin
2-31 -------------------------------------------------------------------