1-1 By: Rosson S.B. No. 515
1-2 (In the Senate - Filed March 1, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 20, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 4, Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-16 Amend S.B. No. 515 as follows:
1-17 Section 2.
1-18 Page 1, line 48: Delete the word "in" following the words
1-19 "child support."
1-20 Page 1, line 55: Delete the language in current Subsection
1-21 (e) and replace with the following:
1-22 (e) Cumulative Judgment. A cumulative judgement shall
1-23 include the unpaid balance owed on previously determined arrears or
1-24 judgments for child support, including interest on all such arrears
1-25 and each prior judgment as of a specified date, and shall recite
1-26 that it is a cumulative judgment.
1-27 A BILL TO BE ENTITLED
1-28 AN ACT
1-29 relating to child support judgment actions.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Subsection (b), Section 14.40, Family Code, is
1-32 amended to read as follows:
1-33 (b) Time Limitations. The court retains jurisdiction to
1-34 enter a contempt order if a motion for contempt for failure to
1-35 comply with a court's child support order is filed within two years
1-36 <six months> after:
1-37 (1) the child becomes an adult; or
1-38 (2) the date on which the child support obligation
1-39 terminates pursuant to the decree or order or by operation of law.
1-40 SECTION 2. Section 14.41, Family Code, is amended by
1-41 amending Subsection (b) and adding Subsection (e) to read as
1-42 follows:
1-43 (b) Time Limitations. <The court may not confirm the amount
1-44 of child support in arrears and may not enter a judgment for unpaid
1-45 child support payments that were due and owing more than 10 years
1-46 before the filing of the motion to render judgment under this
1-47 section.> The court of continuing jurisdiction retains
1-48 jurisdiction to confirm the total amount of child support in
1-49 arrears and enter judgment for past-due child support obligations
1-50 if a motion to render judgment for the arrearages is filed within
1-51 four years after:
1-52 (1) the child becomes an adult; or
1-53 (2) the date on which the child support obligation
1-54 terminates pursuant to the decree or order or by operation of law.
1-55 (e) Cumulative Judgment. A judgment confirming the amount
1-56 of a child support arrearage under this section may include amounts
1-57 for which a judgment has been previously rendered if the judgment
1-58 rendered under this section indicates that it is a cumulative
1-59 judgment that incorporates all arrearages as of a specified date.
1-60 A cumulative judgment for child support arrearages rendered under
1-61 this section supersedes a previous judgment for an arrearage that
1-62 is incorporated in the cumulative judgment.
1-63 SECTION 3. This Act takes effect September 1, 1993.
1-64 SECTION 4. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 April 20, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on Jurisprudence to which was referred S.B. No.
2-9 515, have had the same under consideration, and I am instructed to
2-10 report it back to the Senate with the recommendation that it do
2-11 pass, as amended, and be printed.
2-12 Henderson,
2-13 Chairman
2-14 * * * * *
2-15 WITNESSES
2-16 FOR AGAINST ON
2-17 ___________________________________________________________________
2-18 Name: Howard Baldwin x
2-19 Representing: Atty General
2-20 City: Austin
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2-22 Name: Cecelia Burke x
2-23 Representing: Atty General/Child Support
2-24 City: Austin
2-25 -------------------------------------------------------------------
2-26 Name: Shannon Noble x
2-27 Representing: Tx Women's Political Caucus
2-28 City: Austin
2-29 -------------------------------------------------------------------
2-30 Name: Sandy Kibby x
2-31 Representing: Tx PTA
2-32 City: Austin
2-33 -------------------------------------------------------------------
2-34 Name: Adrienne Nelson x
2-35 Representing: Tx Cncl on Family Violence
2-36 City: Austin
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