By:  Goodman                                          H.B. No. 1433
       73R2027 MJW-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement, collection, and withholding of income
    1-3  for child support.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 14.30(a)(1) and (3), Family Code, are
    1-6  amended to read as follows:
    1-7              (1)  "Earnings" means compensation paid or payable for
    1-8  personal services, whether denominated as wages, salary,
    1-9  compensation received as an independent contractor, overtime pay,
   1-10  severance pay, commission, bonus, or otherwise, and includes
   1-11  periodic payments pursuant to a pension, annuity, workers'
   1-12  compensation, disability and retirement program, and unemployment
   1-13  benefits.
   1-14              (3)  "Employer" means any person, including the United
   1-15  States and any governmental entity as defined by Section 11.01 of
   1-16  this code.  "Person" shall include but is not limited to
   1-17  individuals, workers' compensation insurance carriers,
   1-18  partnerships, and corporations.
   1-19        SECTION 2.  Section 14.318, Family Code, is amended by
   1-20  amending Subsections (d) and (e) and by adding Subsection (f) to
   1-21  read as follows:
   1-22        (d)  Cash Bond as Support.  If a cash bond has been posted
   1-23  and the respondent <appears at the hearing as directed and if the
   1-24  respondent> is found to be in arrears in the payment of
    2-1  court-ordered <contempt for failure to pay> child support <as
    2-2  ordered>, the court shall order that the proceeds of <the
    2-3  respondent to execute an assignment of> the cash bond be paid to
    2-4  the child support obligee or to a person designated by the court up
    2-5  to the amount of any child support arrearages determined to exist.
    2-6  This subsection applies without regard as to whether the respondent
    2-7  appears at the hearing.
    2-8        (e)  Appearance Bond or Security Other Than Cash Bond as
    2-9  Support.  If the respondent fails to appear at the hearing as
   2-10  directed, the court shall order that <and> the appearance bond or
   2-11  security be <has been> forfeited and that <if the respondent has
   2-12  been found to be in contempt for failure to pay child support as
   2-13  ordered,> the proceeds of any judgment on the bond or security
   2-14  <shall> be paid to the obligee or to a person designated by the
   2-15  court up to the amount of any child support arrearages determined
   2-16  to exist.  The obligee may bring suit on the bond.
   2-17        (f)  Cash Bond Treated as Property of Respondent.  A court
   2-18  shall treat a cash bond posted for the benefit of the respondent
   2-19  under this section as the property of the respondent.  The person
   2-20  who posts the cash bond does not have recourse in relation to any
   2-21  order that the court may make regarding the bond.
   2-22        SECTION 3.  Section 14.33(a), Family Code, is amended to read
   2-23  as follows:
   2-24        (a)  Contents.  An enforcement order shall contain findings
   2-25  setting out in ordinary and concise language the provisions of the
   2-26  final order, decree, or judgment for which enforcement was sought,
   2-27  the acts or omissions that are the subject of the order, the manner
    3-1  of noncompliance, and the relief awarded by the court.  If the
    3-2  order imposes incarceration or a fine, an enforcement order must
    3-3  contain findings setting out specifically and with particularity or
    3-4  incorporating by reference the provisions of the final order,
    3-5  decree, or judgment for which enforcement was sought and the
    3-6  <time,> date<, and place> of each occasion on which the respondent
    3-7  failed to comply with the provision and setting out the relief
    3-8  awarded by the court.
    3-9        SECTION 4.  Sections 14.43(a) and (d), Family Code, are
   3-10  amended to read as follows:
   3-11        (a)  Duty of Court to Order Income Withholding.  Except for
   3-12  good cause shown, or on agreement of the parties, or as provided in
   3-13  Subsection (b) of this section, the court shall enter an order that
   3-14  provides that income be withheld from the disposable earnings of
   3-15  the obligor:
   3-16              (1)  in every original suit affecting the parent-child
   3-17  relationship in which child support payments are ordered;
   3-18              (2)  on motion to require income withholding regarding
   3-19  a child support order entered before the effective date of this
   3-20  subchapter; provided that at the time the motion is filed the
   3-21  obligor is shown to have been in arrears for a time period of at
   3-22  least 30 days for some portion of the amount due and in arrears for
   3-23  an amount equal to or greater than that due for a one-month period;
   3-24              (3)  on motion to modify an order entered after the
   3-25  effective date of this subchapter that did not originally order
   3-26  income withheld; provided that the obligor is shown to have been in
   3-27  arrears for a time period of at least 30 days for some portion of
    4-1  the amount due and is currently in arrears for an amount equal to
    4-2  or greater than that due for a one-month period; or
    4-3              (4)  after a hearing unsuccessfully contesting a notice
    4-4  of delinquency as provided by Section 14.44 of this code in a case
    4-5  involving the delinquency of either a child support order entered
    4-6  before the effective date of this subchapter or after the effective
    4-7  date of this subchapter that did not originally order income
    4-8  withheld.  Payment of overdue support after receipt of notice of a
    4-9  hearing as provided by this section shall not be the sole basis for
   4-10  the court to refuse to order withholding from income.  In an order
   4-11  for income withholding entered under this subdivision, the court
   4-12  shall order that a reasonable amount of income be withheld from the
   4-13  disposable earnings of the obligor to be applied toward the
   4-14  liquidation of any child support arrearages, notwithstanding that
   4-15  judgment for arrears has been rendered against the obligor.
   4-16        (d)  Withholding for Arrearages.  In addition to income
   4-17  withheld for the current support of a child, <in appropriate
   4-18  circumstances and in accordance with the guidelines established for
   4-19  child support payments as provided in Subsection (a) of Section
   4-20  14.05 of this code,> the court shall enter an order that income be
   4-21  withheld from the disposable earnings of the obligor to be applied
   4-22  toward the liquidation of any child support arrearages, including
   4-23  interest as provided by Section 14.34 of this code.  The additional
   4-24  amount to be withheld to be applied towards arrears shall be
   4-25  sufficient to fully discharge those arrears in not more than two
   4-26  years or add 20 percent to the amount of the current monthly
   4-27  support order, whichever will result in the arrears being fully
    5-1  discharged in the least amount of time consistent with the
    5-2  limitations on the maximum amount that may be withheld from
    5-3  earnings as provided by Subsection (f) of this section.  If current
    5-4  support is no longer owed, the court shall enter an order that
    5-5  income be withheld from the disposable earnings of the obligor to
    5-6  be applied toward the liquidation of any child support arrearages,
    5-7  including accrued interest, in an amount sufficient to fully
    5-8  discharge those arrears in not more than two years, consistent with
    5-9  the limitations on the maximum amount that may be withheld from
   5-10  earnings as provided by Subsection (f) of this section.  If the
   5-11  court finds that such a repayment schedule would cause the obligor,
   5-12  the obligor's family, or children for whom support is due from the
   5-13  obligor to suffer unreasonable hardship, the court may extend the
   5-14  repayment period for a reasonable length of time.
   5-15        SECTION 5.  Section 14.45(b), Family Code, is amended to read
   5-16  as follows:
   5-17        (b)  Contents.  Except as provided in Subsection (c) of this
   5-18  section, the writ of income withholding shall direct the employer
   5-19  or a subsequent employer to withhold from the obligor's disposable
   5-20  income for current child support and child support arrearage in a
   5-21  manner identical to the terms provided by Section 14.43 of this
   5-22  code, as far as is practical.
   5-23        SECTION 6.  Section 14.91(b), Family Code, is amended to read
   5-24  as follows:
   5-25        (b)  A court may <not> appoint a friend of the court in a
   5-26  proceeding under Part D of Title IV of the federal Social Security
   5-27  Act (42 U.S.C. Section 651 et seq.) only if the attorney general
    6-1  agrees in writing to the appointment.
    6-2        SECTION 7.  Section 14.93, Family Code, is amended to read as
    6-3  follows:
    6-4        Sec. 14.93.  Duty of Local Offices and Officials to Report.
    6-5  A local domestic relations office, a local child support collection
    6-6  office, or a court official designated to receive child support
    6-7  under a court order shall, if ordered by the court, report to the
    6-8  court or a friend of the court on a monthly basis:
    6-9              (1)  any delinquency and arrearage in child support
   6-10  payments; and
   6-11              (2)  any violation of a court order relating to
   6-12  possession of or access to a child.
   6-13        SECTION 8.  Section 14.96, Family Code, is repealed.
   6-14        SECTION 9.  (a)  This Act takes effect September 1, 1993.
   6-15        (b)  The change in law made by Section 6 of this Act relating
   6-16  to the appointment of a friend of the court in a proceeding under
   6-17  Part D of Title IV of the federal Social Security Act applies to a
   6-18  pending proceeding without regard to whether the proceeding was
   6-19  commenced before, on, or after the effective date of this Act.
   6-20        SECTION 10.  The importance of this legislation and the
   6-21  crowded condition of the calendars in both houses create an
   6-22  emergency and an imperative public necessity that the
   6-23  constitutional rule requiring bills to be read on three several
   6-24  days in each house be suspended, and this rule is hereby suspended.