BILL ANALYSIS


                                                    C.S.S.J.R. 43
                                                     By: Whitmire
                                                 Criminal Justice
                                                          4-11-95
                                   Committee Report (Substituted)
BACKGROUND

Presently, the only legal mechanism permitting effective
enforcement of court-ordered restitution to victims of crime and
court-ordered reimbursement to the crime victims' compensation fund
requires a victim to file an additional and separate motion to
execute on the judgment; in such instances, the attorney general
joins the motion. Unfortunately, because of delays due to crowded
judicial dockets and a highly mobile job force, collections too
frequently are not effectively enforced. An efficient and effective
legal mechanism for enforcement is wage garnishment. However, the
Texas Constitution currently forbids wage garnishment, except for
the enforcement of court-ordered child support payments.

PURPOSE

As proposed, C.S.S.J.R. 43 requires the submission to the voters of
a constitutional amendment  prohibiting current wages for personal
service from being subject to garnishment, except for the
enforcement of court-ordered child support payments, court-ordered
restitution in a criminal judgment, or court-ordered reimbursement
to the state for compensation to victims of crimes.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28, Article XVI, Texas Constitution, as
follows:

     Sec. 28. Prohibits current wages for personal service from
     being subject to garnishment, except for the enforcement of
     court-ordered child support payments, court-ordered
     restitution in a criminal judgment, or court-ordered
     reimbursement to the state for compensation to victims of
     crimes.
     
     SECTION 2.     Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 7, 1995. 
Sets forth the required language for the ballot.0