By:  Hill                                             H.B. No. 2162
       73R1373 MJW-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement of child support payments for health
    1-3  insurance coverage and necessary medical expenses.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14.41(a), Family Code, is amended to read
    1-6  as follows:
    1-7        (a)  Judgment for Arrearages.  A <periodic> child support
    1-8  payment not timely made shall constitute a final judgment for the
    1-9  amount due and owing, including interest as provided by Section
   1-10  14.34 of this code.  On the motion of an obligee or obligor, after
   1-11  notice and hearing, the court shall confirm the amount of child
   1-12  support in arrears and shall render judgment against an obligor for
   1-13  any amount of child support unpaid and owing, including interest as
   1-14  provided by Section 14.34 of this code.  The judgment rendered by
   1-15  the court may be subject to a counterclaim or offset as provided by
   1-16  Subsection (c) of this section.  The judgment may be enforced by
   1-17  any means available for the enforcement of judgments for debts or
   1-18  by an order of the court requiring that income be withheld from the
   1-19  disposable earnings of the obligor in an amount sufficient to
   1-20  satisfy the judgment.  A court order enforcing the judgment through
   1-21  the withholding of disposable earnings of the obligor must comply
   1-22  with the requirements of Section 14.43 of this code.
   1-23        SECTION 2.  Subchapter B, Chapter 14, Family Code, is amended
   1-24  by adding Section 14.411 to read as follows:
    2-1        Sec. 14.411.  ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS
    2-2  RELATING TO HEALTH INSURANCE COVERAGE AND NECESSARY MEDICAL
    2-3  EXPENSES NOT COVERED BY INSURANCE.  A court may enforce a child
    2-4  support obligation for health insurance coverage or the payment of
    2-5  necessary medical expenses not covered by health insurance under
    2-6  Section 14.061 of this code by any means available for the
    2-7  enforcement of past-due child support payments, including rendering
    2-8  a judgment under Section 14.41 of this code.
    2-9        SECTION 3.  This Act takes effect September 1, 1993, and
   2-10  applies only to enforcement of a child support obligation that is
   2-11  due and unpaid on or after the effective date of this Act, without
   2-12  regard to whether the child support obligation arose before or
   2-13  after the effective date of this Act.
   2-14        SECTION 4.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency   and   an   imperative   public   necessity   that   the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.