By Gray H.B. No. 603
74R1610 MJW-D
A BILL TO BE ENTITLED
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 decree 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 3.715 to read as follows:
1-8 Sec. 3.715. MODIFICATION OF FINAL DECREE BY ISSUANCE OF
1-9 QUALIFIED DOMESTIC RELATIONS ORDER. On the petition of a party to
1-10 a suit for divorce or annulment in which a court has rendered a
1-11 final decree that provides for a division of a beneficial interest
1-12 in a financial plan described by Section 3.633, the court may
1-13 clarify or modify the final decree by rendering a qualified
1-14 domestic relations order as defined by Section 414 of the Internal
1-15 Revenue Code of 1986 (26 U.S.C. Section 414) for the purpose of
1-16 complying with provisions of the Employee Retirement Income
1-17 Security Act of 1974 (29 U.S.C. Section 1001, et seq.) that apply
1-18 to the property division.
1-19 SECTION 2. This Act takes effect September 1, 1995.
1-20 SECTION 3. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.