H.B. No. 603
1-1 AN ACT
1-2 relating to the issuance of a qualified domestic relations order to
1-3 clarify or modify a final divorce order that provides for the
1-4 division of a pension or other retirement benefits.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 3, Family Code, is amended
1-7 by adding Section 3.711 to read as follows:
1-8 Sec. 3.711. CONTINUING JURISDICTION FOR QUALIFIED DOMESTIC
1-9 RELATIONS ORDERS. (a) Notwithstanding another provision of this
1-10 chapter, if a court in rendering a final decree of divorce or
1-11 annulment or another final order dividing property under this
1-12 chapter did not provide a qualified domestic relations order or
1-13 similar order permitting payment of benefits to an alternate payee
1-14 or other lawful payee, a party may petition the court to render a
1-15 qualified domestic relations order or similar order. Unless
1-16 prohibited by federal law, an action seeking a qualified domestic
1-17 relations order or similar order under this section applies to any
1-18 previously divided pension, retirement plan, or other employee
1-19 benefit divisible under the law of this state or the United States,
1-20 whether the plan or benefit is private, state, or federal.
1-21 (b) An action seeking a qualified domestic relations order
1-22 or similar order under Subsection (a) must be filed with the court
1-23 that rendered the final order for a division of property.
1-24 Notwithstanding another provision of this chapter, the court that
2-1 rendered the final order has continuing, exclusive jurisdiction
2-2 over the parties and property for purposes of rendering a qualified
2-3 domestic relations order or similar order as if the court were
2-4 required to presently divide the plan or benefit in a manner
2-5 substantially similar to the original division.
2-6 (c) Notwithstanding another provision of this chapter, a
2-7 court of this state that rendered a domestic relations order that a
2-8 plan administrator or other person acting in an equivalent capacity
2-9 determines does not satisfy the requirements of a qualified
2-10 domestic relations order or similar order, retains continuing,
2-11 exclusive jurisdiction over the parties and property to the extent
2-12 necessary to render an amended or corrected domestic relations
2-13 order that satisfies the requirements of a qualified domestic
2-14 relations order for payment of benefits to the alternate payee or
2-15 other lawful payee.
2-16 (d) A petition under this section, except as otherwise
2-17 provided by this code, is governed by the Texas Rules of Civil
2-18 Procedure that apply to the filing of an original lawsuit. Each
2-19 party whose rights may be affected by the petition is entitled to
2-20 receive notice by citation and shall be commanded to appear by
2-21 filing a written answer. Following service of citation, the
2-22 proceedings shall be conducted in the same manner as civil cases
2-23 generally.
2-24 (e) The court shall liberally construe this section to
2-25 effectuate payment of retirement benefits that were divided by a
2-26 previous decree that failed to contain a qualified domestic
2-27 relations order or similar order or that contained an order that
3-1 failed to meet the requirements of a qualified domestic relations
3-2 order or similar order.
3-3 SECTION 2. This Act takes effect September 1, 1995, and
3-4 applies to an order, judgment, or decree without regard to whether
3-5 the order, judgment, or decree was rendered before, on, or after
3-6 the Act's effective date.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.