By: Whitmire S.B. No. 866
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the payment of restitution to victims of crime or
1-2 reimbursement of the compensation to victims of crime fund and to
1-3 the garnishment of wages for restitution and reimbursement;
1-4 providing civil penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-7 amended by adding Subchapters C, D, and E to read as follows:
1-8 SUBCHAPTER C. DELINQUENT PAYMENT OF RESTITUTION
1-9 OR REIMBURSEMENT
1-10 Art. 56.81. DEFINITION. In this subchapter, "fund" means
1-11 the compensation to victims of crime fund established under Article
1-12 56.54.
1-13 Art. 56.82. INTEREST. (a) A defendant is liable for
1-14 interest that accrues on:
1-15 (1) delinquent restitution payments to a victim of the
1-16 defendant's offense ordered to be paid by the defendant under
1-17 Article 42.037; or
1-18 (2) delinquent reimbursement payments to the fund for
1-19 any amounts paid from the fund to a victim of the defendant's
1-20 offense ordered to be paid by the defendant under Article 42.037.
1-21 (b) The interest accrues at the rate of interest established
1-22 under Section 2, Article 1.05, Title 79, Revised Statutes (Article
1-23 5069-1.05, Vernon's Texas Civil Statutes), from the date the
2-1 payment is delinquent until the date the restitution or
2-2 reimbursement is paid, regardless of whether the amount of the
2-3 payments in arrears has been reduced to judgment by the court.
2-4 (c) A court that confirms the amount of payments in arrears
2-5 shall include all prior arrears and the amount of interest owed in
2-6 the total amount confirmed.
2-7 Art. 56.83. DATE OF DELINQUENCY. (a) A payment of
2-8 restitution or reimbursement is delinquent if the payment is not
2-9 received by the person specified in the payment order before the
2-10 31st day after the payment date stated in the order.
2-11 (b) If a payment date is not stated in the payment order, a
2-12 payment of restitution or reimbursement is delinquent if payment is
2-13 not received by the person specified in the payment order on the
2-14 date that an amount equal to the restitution or reimbursement
2-15 payable for one month becomes delinquent.
2-16 Art. 56.84. COLLECTION. (a) Interest that accrues as
2-17 provided by this subchapter is part of the restitution or
2-18 reimbursement obligation and may be collected by any means provided
2-19 for the collection of a debt, judgment, or court-ordered child
2-20 support.
2-21 (b) An amount collected in excess of current restitution or
2-22 reimbursement is applied first to interest and delinquent
2-23 restitution and reimbursement payments that have been reduced to
2-24 judgment.
2-25 Art. 56.85. BOND OR SECURITY DEPOSIT. If a defendant who
3-1 has been ordered to pay restitution to a victim or reimburse a fund
3-2 seeks to execute a bond or to post security pending a hearing by or
3-3 a proceeding in an appellate court relating to enforcement of the
3-4 payments of restitution or reimbursement, the bond or security on
3-5 forfeiture is payable to the person specified in the payment order.
3-6 Art. 56.86. DISCRETIONARY ORDER TO EXECUTE BOND OR DEPOSIT
3-7 SECURITY. (a) If a defendant who has been ordered to pay
3-8 restitution to a victim or reimbursement to a fund is employed by
3-9 an employer not subject to the jurisdiction of the court or is a
3-10 person to whom the application of Subchapter D is inappropriate
3-11 under existing circumstances, the court may order the defendant to
3-12 execute a bond, subject to the approval of the court, or to deposit
3-13 security with the court.
3-14 (b) The bond or security deposit is to be in an amount set
3-15 by the court and conditioned on the payment of delinquent and
3-16 future payments of restitution or reimbursement.
3-17 (c) The bond or security deposit is payable to the person
3-18 specified in the payment order.
3-19 Art. 56.87. MOTION AND HEARING ON BOND OR SECURITY DEPOSIT
3-20 FORFEITURE. On the motion of a person for whose benefit a bond has
3-21 been executed or security deposited, the court, after notice and
3-22 hearing, may forfeit all or part of the bond or security deposit
3-23 for any amount of restitution or reimbursement payments that are
3-24 due on proof that one or more payments are unpaid.
3-25 Art. 56.88. COLLECTION OF FORFEITED BOND OR SECURITY
4-1 DEPOSIT. Funds collected from a forfeited bond or security deposit
4-2 shall be paid to the person specified in the payment order and
4-3 applied to the outstanding restitution and reimbursement arrears of
4-4 the defendant.
4-5 Art. 56.89. JOINDER OF PROCEEDINGS. A proceeding to revoke,
4-6 amend, modify, or continue community supervision, parole, or
4-7 mandatory supervision may be joined with a proceeding to enforce a
4-8 delinquent restitution or reimbursement payment or a proceeding to
4-9 forfeit a bond or security deposit payable to the person specified
4-10 in the payment order.
4-11 Art. 56.90. DEFENSE TO REVOCATION PROCEEDING. The
4-12 application of funds from a forfeited bond or security deposit to
4-13 any delinquent payment of restitution or reimbursement is not a
4-14 defense in a proceeding to revoke, amend, modify, or continue
4-15 community supervision, parole, or mandatory supervision.
4-16 Art. 56.91. DISPOSITION OF EXCESS FORFEITED MONEY. If the
4-17 proceeds of the forfeited bond or security deposit exceed the
4-18 amount of any delinquent payment of restitution or reimbursement,
4-19 the court may order that all or a portion of the excess amount be
4-20 applied to pay:
4-21 (1) court costs owed by the defendant;
4-22 (2) reimbursement owed to the county for payments made
4-23 to the defendant's court-appointed attorney;
4-24 (3) community supervision, parole, or mandatory
4-25 supervision fees or costs owed by the defendant; or
5-1 (4) attorney's fees and costs incurred by the county
5-2 or the victim or entity bringing the enforcement or forfeiture
5-3 proceedings.
5-4 SUBCHAPTER D. INCOME WITHHOLDING FOR PAYMENT OF
5-5 RESTITUTION OR REIMBURSEMENT
5-6 Art. 56.101. DEFINITION. In this subchapter, "fund" means
5-7 the compensation to victims of crime fund established under Article
5-8 56.54.
5-9 Art. 56.102. WITHHOLDING OF INCOME. (a) A court may order
5-10 the withholding of income from the disposable earnings of a
5-11 defendant to:
5-12 (1) pay restitution to a victim of the defendant's
5-13 offense if:
5-14 (A) the defendant is required to pay restitution
5-15 to the victim under Article 42.037; and
5-16 (B) the attorney representing the state agrees
5-17 to the withholding; or
5-18 (2) reimburse the fund for the amount paid from the
5-19 fund to a victim of the defendant's offense if the court requires
5-20 the reimbursement of the fund under Article 42.037.
5-21 (b) Unless the court finds good cause to require otherwise,
5-22 the court shall require that money withheld for the:
5-23 (1) restitution of a victim be paid to the victim
5-24 through the community supervision and corrections department
5-25 supervising the defendant or the pardons and paroles division of
6-1 the Texas Department of Criminal Justice; or
6-2 (2) reimbursement of the fund be paid to the fund
6-3 through the office of the attorney general.
6-4 Art. 56.103. ARREARAGES. (a)(1) The attorney representing
6-5 the state may file with the court that issued the order for payment
6-6 of restitution or reimbursement a motion requesting withholding of
6-7 income from the disposable earnings of a defendant for restitution
6-8 to a victim or for reimbursement of the fund if the payment is a
6-9 condition of community supervision and if at the time the motion is
6-10 filed the defendant:
6-11 (A) is shown to have been in arrears for at
6-12 least 30 days for some portion of the amount due to the victim or
6-13 the fund; and
6-14 (B) is currently in arrears for an amount equal
6-15 to or greater than the amount due for a 30-day period.
6-16 (2) The attorney general may file with the court that
6-17 issued the order for payment a motion requesting withholding of
6-18 income from the disposable earnings of a defendant for payment of
6-19 restitution to a victim or reimbursement of the fund if the payment
6-20 is a condition of parole or mandatory supervision and if at the
6-21 time the motion is filed the defendant:
6-22 (A) is shown to have been in arrears for at
6-23 least 30 days for some portion of the amount due to the victim or
6-24 the fund; and
6-25 (B) is currently in arrears for an amount equal
7-1 to or greater than the amount due for a 30-day period.
7-2 (b) In other appropriate circumstances, a court may order
7-3 the withholding of income from the disposable earnings of a
7-4 defendant for the arrears in payments of restitution to a victim or
7-5 reimbursement of the fund, including interest as provided by
7-6 Article 56.82.
7-7 (c) Subject to the maximum amount authorized to be withheld
7-8 under Article 56.105, the additional amount to be withheld monthly
7-9 and to be applied towards arrears is the greater of the amount that
7-10 will:
7-11 (1) discharge the arrears in two years; or
7-12 (2) add 20 percent to the current monthly payment
7-13 amount.
7-14 (d) Subject to the maximum amount authorized to be withheld
7-15 under Article 56.105, if the period for periodic payments of
7-16 restitution or reimbursement has expired and the defendant owes
7-17 arrears in restitution or reimbursement payments, the court shall
7-18 order the monthly withholding of the defendant's income to pay the
7-19 arrears, including interest, in an amount to fully discharge the
7-20 arrears in not more than two years.
7-21 (e) If the_court finds that the amount withheld under
7-22 Subsection (d) would cause the defendant or the defendant's family
7-23 to suffer unreasonable hardship, the court may extend the period of
7-24 withholding for a reasonable length of time.
7-25 Art. 56.104. ORDER OF WITHHOLDING. (a) An order
8-1 withholding income must contain:
8-2 (1) the style, docket number, and court having
8-3 continuing jurisdiction of the defendant's case giving rise to the
8-4 obligation to pay restitution or reimbursement;
8-5 (2) the name, address, and, if available, the social
8-6 security number and date of birth of the defendant;
8-7 (3) the amount, including accrued interest, and
8-8 duration of the restitution or reimbursement payments;
8-9 (4) the name, address, and telephone number of the
8-10 person to whom the payments are made; and
8-11 (5) any other necessary information.
8-12 (b) The court shall order the defendant to notify the court
8-13 promptly of any change affecting the order or the amount ordered to
8-14 be withheld.
8-15 Art. 56.105. AMOUNT WITHHELD FROM INCOME. The court shall
8-16 enter an order directing an employer of the defendant to withhold
8-17 from the defendant's disposable earnings the amount specified in
8-18 the order up to a maximum amount of 50 percent of the defendant's
8-19 disposable earnings.
8-20 Art. 56.106. ISSUANCE OF ORDER. (a)(1) If the payment of
8-21 restitution or reimbursement is a condition of community
8-22 supervision, the clerk of the court shall cause a certified copy of
8-23 the order withholding income from earnings to be delivered to the
8-24 defendant's current employer or to any subsequent employer of the
8-25 defendant on request of the victim or the attorney representing the
9-1 state. The person making the request must include the name and
9-2 address of the employer in the request.
9-3 (2) If payment of restitution or reimbursement is a
9-4 condition of parole or mandatory supervision, the clerk of the
9-5 court shall cause a certified copy of the order withholding income
9-6 from earnings to be delivered to the defendant's current employer
9-7 or to any subsequent employer of the defendant on request of the
9-8 attorney general or the victim. The person making the request must
9-9 include the name and address of the employer in the request.
9-10 (b) The clerk shall attach a copy of this subchapter to the
9-11 order for the information of the employer.
9-12 (c) The clerk shall issue and mail the certified copy of the
9-13 order not later than the 10th working day after the date the order
9-14 is signed or the request is filed, whichever is later.
9-15 (d) The requirements of Subsection (c) are satisfied if the
9-16 certified copy of the order is transferred electronically.
9-17 Art. 56.107. NOTICE AND EFFECTIVE DATE OF ORDER. (a) The
9-18 employer shall begin to withhold income in accordance with an order
9-19 issued under this subchapter not later than the first pay period
9-20 after the date the order was delivered to the employer and shall
9-21 continue to withhold income as long as the defendant is employed by
9-22 the employer.
9-23 (b) An order issued under this subchapter that is delivered
9-24 to an employer that does business in this state is binding on the
9-25 employer without regard to whether the defendant resides or works
10-1 outside the state.
10-2 (c) Delivery of the order to the employer must be by:
10-3 (1) certified or registered mail, return receipt
10-4 requested, to:
10-5 (A) the person authorized to receive service of
10-6 process in civil cases generally; or
10-7 (B) a person designated by the employer to
10-8 receive notices of delinquency by written notice to the clerk of
10-9 the appropriate court; or
10-10 (2) the service of citation as provided by the Texas
10-11 Rules of Civil Procedure.
10-12 (d) After the effective date of the order, the amount to be
10-13 withheld must be remitted to the person specified in the payment
10-14 order on each payment date. The payment must include the date on
10-15 which the withholding occurred.
10-16 Art. 56.108. FEES. (a) The employer may deduct an
10-17 administrative fee of not more than $5 per month from the
10-18 defendant's disposable earnings in addition to the amount to be
10-19 withheld as payment of restitution or reimbursement.
10-20 (b) The clerk of the court may charge a person who requests
10-21 an order a reasonable fee not to exceed $15 for each order issued
10-22 and delivered to an employer by mail.
10-23 Art. 56.109. HEARING REQUEST BY EMPLOYER. (a) Not later
10-24 than the 20th day after the date an order of income withholding is
10-25 received, the employer may file a motion for a hearing on the
11-1 applicability of the order to the employer.
11-2 (b) The hearing must be held not later than the 15th day
11-3 after the date the motion is filed.
11-4 (c) The order is binding on the employer pending further
11-5 order of the court.
11-6 Art. 56.110. PRIORITY OF WITHHOLDING. An order made under
11-7 this subchapter has priority over any garnishment, attachment,
11-8 execution, or other assignment or order affecting disposable
11-9 earnings, except an order enforcing the payment of child support.
11-10 Art. 56.111. LIABILITY OF EMPLOYER FOR PAYMENTS. (a) An
11-11 employer who receives an order under this subchapter and complies
11-12 with the order is not liable to the defendant for the amount of
11-13 income withheld and paid as provided by the order.
11-14 (b) An employer who receives an order of withholding under
11-15 this subchapter and does not comply with the order is liable for
11-16 reasonable attorney's fees and court costs as provided by
11-17 Subsection (c) and is liable to:
11-18 (1) the victim or fund named in the order for the
11-19 amount not paid in compliance with the order; or
11-20 (2) the defendant for the amount withheld and not
11-21 paid.
11-22 (c) Reasonable attorney's fees may be assessed, ordered
11-23 paid, and collected as any lawful debt based on the actions of
11-24 employees of the:
11-25 (1) attorney representing the victim;
12-1 (2) attorney general;
12-2 (3) community supervision and corrections department
12-3 supervising the defendant; or
12-4 (4) pardons and paroles division of the Texas
12-5 Department of Criminal Justice.
12-6 (d) An employer receiving two or more orders on any named
12-7 defendant shall comply with every order to the maximum extent
12-8 possible. If the total amount to be withheld in the orders exceeds
12-9 the maximum amount allowable for withholding under Article 56.105,
12-10 the employer shall first pay an equal amount towards the current
12-11 restitution or reimbursement amount of all orders until the
12-12 employer complies with each order. The employer shall then pay
12-13 equal amounts, the total amount not exceeding the amount provided
12-14 by Article 56.105, on the arrearage portion of all orders until the
12-15 employer complies with each order.
12-16 (e) If an employer is ordered to withhold income from more
12-17 than one defendant, the employer may combine the amounts withheld
12-18 from the defendants' wages and make a single payment to each
12-19 appropriate person if the employer separately identifies the amount
12-20 of the payment that is attributable to each defendant.
12-21 Art. 56.112. EMPLOYER'S PENALTY FOR DISCRIMINATORY HIRING OR
12-22 DISCHARGE. (a) An employer may not use an order authorized by
12-23 this subchapter as grounds in whole or in part for the termination
12-24 of employment or for any other disciplinary action against an
12-25 employee.
13-1 (b) An employer may not refuse to hire an employee because
13-2 of an order withholding income.
13-3 (c) If an employer intentionally discharges an employee in
13-4 violation of this article, the employer is liable to the employee
13-5 for:
13-6 (1) current and accruing wages and other benefits; and
13-7 (2) reasonable attorney's fees and court costs
13-8 incurred by the employee in enforcing the employee's rights under
13-9 this article.
13-10 (d) An action under this article may be brought only by the
13-11 employee.
13-12 Art. 56.113. CIVIL PENALTY. (a) In addition to the
13-13 remedies provided by Articles 56.111 and 56.112 or any other remedy
13-14 provided by law, an employer who knowingly violates a court order
13-15 to withhold income is liable for a civil penalty not to exceed $500
13-16 for each occurrence in which the employer fails to withhold income.
13-17 (b) The attorney general may file a civil action to collect
13-18 a civil penalty under this article.
13-19 (c) A civil penalty recovered under this article must be
13-20 paid to the victim or fund entitled to restitution or reimbursement
13-21 and credited against any amounts owed to the victim or fund by the
13-22 defendant.
13-23 Art. 56.114. NOTICE OF TERMINATION OF EMPLOYMENT AND NEW
13-24 EMPLOYMENT. (a) If a defendant terminates employment with an
13-25 employer who has been withholding income, the defendant and the
14-1 employer shall, not later than the seventh day after the date of
14-2 termination:
14-3 (1) notify the court and the person to whom payments
14-4 are ordered to be made; and
14-5 (2) provide the defendant's last known address and the
14-6 name and address of the defendant's new employer, if known.
14-7 (b) The defendant has a continuing duty to inform any
14-8 subsequent employer of the income withholding order after obtaining
14-9 employment.
14-10 Art. 56.115. NOTICE OF TERMINATION OR REDUCTION OF
14-11 WITHHOLDING. Notwithstanding Article 56.107, if a court orders the
14-12 termination of withholding or the reduction of the amount to be
14-13 withheld in payment of restitution or reimbursement under this
14-14 subchapter, any person may deliver to the employer a certified copy
14-15 of the order.
14-16 Art. 56.116. FORM OF ORDER WITHHOLDING INCOME. (a) The
14-17 attorney general shall adopt by rule a form for the order
14-18 withholding income under this subchapter.
14-19 (b) An order withholding income entered by a court is
14-20 sufficient if the order is substantially the same as the form.
14-21 (c) The attorney general may adopt additional forms to
14-22 facilitate efficient collection of restitution to a victim or
14-23 reimbursement of the fund.
14-24 Art. 56.117. TIME LIMITATIONS. The court retains
14-25 jurisdiction to enter an order that provides for income to be
15-1 withheld from the disposable earnings of the defendant if the
15-2 motion for income withholding is filed before the fourth
15-3 anniversary of the date:
15-4 (1) the obligation to pay restitution or reimbursement
15-5 terminates under the order imposing the obligation; or
15-6 (2) an order withholding income was entered under this
15-7 subchapter, if the arrears in payments under the order, including
15-8 accrued interest, have not been fully discharged.
15-9 SUBCHAPTER E. ELIGIBILITY FOR CERTAIN STATE FUNDS
15-10 DUE TO DELINQUENT PAYMENT
15-11 Art. 56.131. DEFINITION. In this subchapter, "fund" means
15-12 the compensation to victims of crime fund established under Article
15-13 56.54.
15-14 Art. 56.132. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
15-15 OR BID ON STATE CONTRACTS. (a) A defendant ordered to pay
15-16 restitution to a victim of the defendant's offense or reimbursement
15-17 to the fund under Article 42.037 who is more than 30 days
15-18 delinquent in making a payment of restitution or reimbursement is
15-19 not eligible to:
15-20 (1) submit a bid or enter into a contract to provide
15-21 property, materials, or services under a contract with the state or
15-22 any political subdivision of the state; or
15-23 (2) receive a state-funded grant or loan.
15-24 (b) A sole proprietorship, partnership, corporation, or
15-25 other associative entity in which a sole proprietor, partner,
16-1 majority shareholder, or substantial owner is a defendant described
16-2 by Subsection (a) may not:
16-3 (1) bid on a state contract; or
16-4 (2) receive a state-funded grant or loan.
16-5 Art. 56.133. ELIGIBILITY REINSTATED. A defendant ordered to
16-6 pay restitution to a victim or reimbursement to the fund remains
16-7 ineligible to submit a bid on or enter into a state contract or
16-8 apply for a state-funded grant or loan until:
16-9 (1) all arrearages in restitution or reimbursement,
16-10 including accrued interest, have been paid; or
16-11 (2) the defendant is in compliance with a written
16-12 repayment agreement or court order for any existing delinquency.
16-13 Art. 56.134. STATEMENT OF ELIGIBILITY REQUIRED. Each bidder
16-14 for a state contract or applicant for a state-funded loan or grant
16-15 shall submit a signed, sworn statement accompanying any bid or
16-16 application affirming that the bidder or applicant is not 30 or
16-17 more days delinquent in paying restitution to a victim or
16-18 reimbursement to the fund under a court order or a written
16-19 repayment agreement.
16-20 Art. 56.135. RULES; FORMS. The attorney general and the
16-21 General Services Commission may adopt rules or prescribe forms to
16-22 implement any provision of this subchapter.
16-23 SECTION 2. Subsection (a), Article 56.02, Code of Criminal
16-24 Procedure, is amended to read as follows:
16-25 (a) A victim, guardian of a victim, or close relative of a
17-1 deceased victim is entitled to the following rights within the
17-2 criminal justice system:
17-3 (1) the right to receive from law enforcement agencies
17-4 adequate protection from harm and threats of harm arising from
17-5 cooperation with prosecution efforts;
17-6 (2) the right to have the magistrate take the safety
17-7 of the victim or his family into consideration as an element in
17-8 fixing the amount of bail for the accused;
17-9 (3) the right, if requested, to be informed of
17-10 relevant court proceedings and to be informed if those court
17-11 proceedings have been canceled or rescheduled prior to the event;
17-12 (4) the right to be informed, when requested, by a
17-13 peace officer concerning the defendant's right to bail and the
17-14 procedures in criminal investigations and by the district
17-15 attorney's office concerning the general procedures in the criminal
17-16 justice system, including general procedures in guilty plea
17-17 negotiations and arrangements, restitution, and the appeals and
17-18 parole process;
17-19 (5) the right to provide pertinent information to a
17-20 probation department conducting a presentencing investigation
17-21 concerning the impact of the offense on the victim and his family
17-22 by testimony, written statement, or any other manner prior to any
17-23 sentencing of the offender;
17-24 (6) the right to receive information regarding
17-25 compensation to victims of crime as provided by Subchapter B <the
18-1 Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
18-2 Civil Statutes)>, including information related to the costs that
18-3 may be compensated under that subchapter <Act> and the amount of
18-4 compensation, eligibility for compensation, and procedures for
18-5 application for compensation under that subchapter <Act>, the
18-6 payment for a medical examination under Article 56.06 of this code
18-7 for a victim of a sexual assault, and when requested, to referral
18-8 to available social service agencies that may offer additional
18-9 assistance;
18-10 (7) the right to be informed, upon request, of parole
18-11 procedures, to participate in the parole process, to be notified,
18-12 if requested, of parole proceedings concerning a defendant in the
18-13 victim's case, to provide to the Board of Pardons and Paroles for
18-14 inclusion in the defendant's file information to be considered by
18-15 the board prior to the parole of any defendant convicted of any
18-16 crime subject to this Act, and to be notified, if requested, of the
18-17 defendant's release;
18-18 (8) the right to be provided with a waiting area,
18-19 separate or secure from other witnesses, including the offender and
18-20 relatives of the offender, before testifying in any proceeding
18-21 concerning the offender; if a separate waiting area is not
18-22 available, other safeguards should be taken to minimize the
18-23 victim's contact with the offender and the offender's relatives and
18-24 witnesses, before and during court proceedings;
18-25 (9) the right to prompt return of any property of the
19-1 victim that is held by a law enforcement agency or the attorney for
19-2 the state as evidence when the property is no longer required for
19-3 that purpose;
19-4 (10) the right to have the attorney for the state
19-5 notify the employer of the victim, if requested, of the necessity
19-6 of the victim's cooperation and testimony in a proceeding that may
19-7 necessitate the absence of the victim from work for good cause;
19-8 <and>
19-9 (11) the right to counseling, on request, regarding
19-10 acquired immune deficiency syndrome (AIDS) and human
19-11 immunodeficiency virus (HIV) infection and testing for acquired
19-12 immune deficiency syndrome (AIDS), human immunodeficiency virus
19-13 (HIV) infection, antibodies to HIV, or infection with any other
19-14 probable causative agent of AIDS, if the offense is an offense
19-15 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
19-16 (12) the right to have a defendant's income withheld
19-17 to pay restitution to the victim of the defendant's offense.
19-18 SECTION 3. Subsection (a), Section 466.407, Government Code,
19-19 as amended by Section 29, Chapter 284, Acts of the 73rd
19-20 Legislature, 1993, is amended to read as follows:
19-21 (a) The director shall deduct the amount of a delinquent tax
19-22 or other money from the winnings of a person who has been finally
19-23 determined to be:
19-24 (1) delinquent in the payment of a tax or other money
19-25 collected by the comptroller, the state treasurer, or the Texas
20-1 Alcoholic Beverage Commission;
20-2 (2) delinquent in making child support payments
20-3 administered or collected by the attorney general;
20-4 (3) in default on a loan made under Chapter 52,
20-5 Education Code; <or>
20-6 (4) in default on a loan guaranteed under Chapter 57,
20-7 Education Code; or
20-8 (5) delinquent in making restitution payments to a
20-9 victim as that term is defined in Article 56.32, Code of Criminal
20-10 Procedure, or in making reimbursement payments to the compensation
20-11 to victims of crime fund established under Article 56.54, Code of
20-12 Criminal Procedure.
20-13 SECTION 4. This Act takes effect December 1, 1995, but only
20-14 if the constitutional amendment relating to the garnishment of
20-15 wages for restitution in a criminal judgment and reimbursement to
20-16 the state for compensation to victims of crime proposed by the 74th
20-17 Legislature, Regular Session, 1995, is approved by the voters. If
20-18 that amendment is not approved by the voters, this Act has no
20-19 effect.
20-20 SECTION 5. The importance of this legislation and the
20-21 crowded condition of the calendars in both houses create an
20-22 emergency and an imperative public necessity that the
20-23 constitutional rule requiring bills to be read on three several
20-24 days in each house be suspended, and this rule is hereby suspended.