SRC-SLL S.B. 1098 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1098
By: Wentworth
Jurisprudence
4-4-97
As Filed


DIGEST 

Currently, Texas exemption laws do not presently contain a provision that
protects the right to receive alimony, maintenance, and support payments.
A couple going through a divorce are likely to have joint obligation
debts.  After divorce, a spouse needing maintenance is still obligated to
creditors even if the divorce decree provides that the other spouse is
primarily liable for these debts. Without an amendment to the exemption
statute, when the receiving spouse files for bankruptcy, the receiving
spouse may not be able to seek bankruptcy protection because of the threat
of a trustee objection.  This bill will exempt certain support payments
from seizure. 

PURPOSE

As proposed, S.B. 1098 exempts certain support payments from seizure.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 42.001(b), Property Code, to provide that
alimony, support, or separate maintenance for the support of the debtor
and any dependent of the debtor is exempt from seizure and is not included
in the aggregate limitations prescribed by Subsection (a). 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.