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.