CN H.B. 2424 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 2424
BY: PUENTE
4-4-97
Committee Report (Amended)


BACKGROUND

 Under current law, the Lottery Commission is authorized to deduct from a
persons' winnings for delinquent child support only if the child support
payments are administered or collected by the Attorney General.     

PURPOSE
    
 As proposed HB 2424 would mandate child support deduction from lottery
prizes paid in periodic installments that are won by persons owing child
support.  Upon determination by the executive director that the winner
will receive a periodic installment prize, and the subsequent receipt by
the executive director of a copy of a court order, a writ of withholding
under Chapter 158 of the Family Code, or a notice of child support lien
issued under the Subchapter G, Chapter 157 of the Family Code, the Lottery
Commission's executive director would be required to deduct and transfer
the amount of delinquent child support from the prize winnings, in the
manner in which the periodic installment prize is paid, to the clerk of
the court that issued the order, writ, or notice.  Any prize winnings over
the amount of child support owed would be paid to the prize claimant.  The
Lottery Commission would adopt the necessary rules to implement HB 2424. 


RULEMAKING AUTHORITY
      
It is the committee's opinion that this bill does expressly grant
rulemaking authority to the State Lottery Commission to effect legislated
deductions from lottery winnings. 


SECTION BY SECTION ANALYSIS

 Section 1:  Amends Subchapter I, Chapter 466, Government Code, by adding
Section 466.4075 DEDUCTION OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. 
  a) this action applies only to a prize amount of $600 or more and that
is paid in periodic installments. 
  b) executive director shall deduct an amount a court has ordered from
periodic installment winnings if the director has been provided with a
certified copy of a court order, writ of withholding, or a notice of a
child support lien. 
  c) the child support must be paid in the manner in which the periodic
installment prize is paid. The director is not required to receive the
order, writ, or notice of child support to be paid until the director
determines there is a periodic installment prize to which the winner is
entitled.           
                        d) the director shall pay the balance to the
claimant if winnings exceed the amount owed for child support or other
authorized deductions. The director shall transfer the child support
deduction to the clerk of the court that issued the court order, writ
withholding, or the notice of a child support lien. 
  e) Authorizes the Lottery Commission to adopt rules
   
   1) allowing a person with a court order issued under Chapter 157 and
158,    Family Code, to file copies of the order with the commission.   

    2) describing procedures used by the commission to identify child
support  
   obligors and deduct from those persons winning periodic installment
prizes. 

 Section 2:  Emergency Clause

CJ H.B. 2424 75(R)

EXPLANATION OF AMENDMENT

The amendment stipulates that the child support payments paid by winners
of periodic installment prizes shall be disbursed in a manner consistent
with the installment payments of the prize, that a certified copy of the
order, writ or notice directing child support to be paid shall be provided
to the executive director, and that the executive director is not required
to receive the order, writ or notice until the executive director has made
a determination that the winner is entitled to a periodic installment
prize. Clarifies in (e)2 that list of winners used to identify child
support obligors shall be a list of persons winning periodic installment
prizes. Adds new (c) and renumbers subsections accordingly.