By: Swinford H.B. No. 993
73R3202 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the itemization of child support expenditures by an
1-3 obligee on the request of an obligor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 14, Family Code, is amended
1-6 by adding Section 14.059 to read as follows:
1-7 Sec. 14.059. ITEMIZATION OF CHILD SUPPORT EXPENDITURES BY
1-8 OBLIGEE. (a) On the request of an obligor as provided by this
1-9 section, an obligee shall submit an itemization of all child
1-10 support expenditures to the obligor as provided by this section.
1-11 (b) An obligor may request that an obligee submit an
1-12 itemization of child support expenditures to the obligor only on
1-13 the basis of a good faith belief that the obligee is not spending
1-14 the child support payments received from the obligor in a proper
1-15 manner. The request for an itemization shall be made at the time
1-16 the obligor makes a child support payment and must be made on a
1-17 form prescribed by the attorney general.
1-18 (c) An itemization of expenditures must state:
1-19 (1) the date each expenditure was made;
1-20 (2) the purpose of each expenditure; and
1-21 (3) the child for whom each expenditure was made if
1-22 the obligee receives child support for more than one child.
1-23 (d) An itemization of expenditures must contain a receipt or
1-24 other verification sufficient to show that each expenditure was in
2-1 fact made.
2-2 (e) An obligee must submit an itemization of expenditures
2-3 for an interval of time that is the same as the interval of time
2-4 that a court has ordered the obligor to make periodic child support
2-5 payments. The itemization must be submitted before the 31st day
2-6 after the last day of each of the two intervals immediately
2-7 following the date of the request for an itemization.
2-8 (f) An obligor may bring an action under this section only
2-9 in the court of continuing jurisdiction. If the court finds that
2-10 child support payments made by the obligor have been spent
2-11 improperly by the obligee, the court may enter an appropriate order
2-12 under this chapter. If the court finds that child support payments
2-13 made by the obligor have not been spent improperly by the obligee,
2-14 the obligor may not make another request for an itemization for one
2-15 year from the date of the previous request.
2-16 (g) An obligee who does not submit an itemization of
2-17 expenditures to the obligor as provided by this section or who
2-18 submits an incomplete itemization is liable to the obligor for an
2-19 amount equal to the difference between the amount paid by the
2-20 obligor for the interval of time for which an itemization is
2-21 required and the amount of any itemized expenditures that the court
2-22 finds has been properly spent by the obligee. If the obligee does
2-23 not itemize any expenditures, the obligee is liable to the obligor
2-24 for the entire amount paid by the obligor for the interval of time
2-25 for which an itemization is required.
2-26 (h) This section does not apply to a lump-sum payment of
2-27 child support.
3-1 SECTION 2. This Act takes effect September 1, 1993, and
3-2 applies only to a child support payment made on or after the
3-3 effective date of this Act.
3-4 SECTION 3. 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.