By: Nieto H.B. No. 2461
73R4268 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to proof that property subject to a child support lien is
1-3 owned by the obligor's spouse.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.983(c), Family Code, is amended to
1-6 read as follows:
1-7 (c) In a proceeding under this section <subsection> in which
1-8 the spouse of the obligor claims by affidavit an ownership interest
1-9 in the property, the spouse of the obligor or the obligor
1-10 <claimant> shall have the burden to prove the extent of the
1-11 <obligor's> ownership interest of the spouse of the obligor. To
1-12 the extent that the spouse of the obligor or the obligor fails to
1-13 establish the ownership interest of the spouse in the property, the
1-14 court shall find that the ownership interest is jointly owned by
1-15 the spouse and the obligor.
1-16 SECTION 2. This Act applies to an affidavit filed under
1-17 Section 14.983, Family Code, relating to a lien perfected under
1-18 Subchapter F, Chapter 14, Family Code, or an action to foreclose
1-19 under Section 14.979, Family Code, if the affidavit is filed on or
1-20 after the effective date of this Act without regard to whether the
1-21 lien was perfected or final judgment was rendered in the action to
1-22 foreclose before, on, or after the effective date of this Act.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force from and after its
2-5 passage, and it is so enacted.