By Wilson H.B. No. 152 75R1288 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain requirements pertaining to the receipt of child 1-3 support. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 154, Family Code, is 1-6 amended by adding Section 154.012 to read as follows: 1-7 Sec. 154.012. ITEMIZATION OF CHILD SUPPORT EXPENDITURES BY 1-8 CERTAIN OBLIGEES. (a) This section applies only to an obligee to 1-9 whom an obligor owes a monthly child support obligation of not less 1-10 than $500 for each child. 1-11 (b) An obligee subject to this section shall submit to the 1-12 obligor an itemization of the expenditures of all child support 1-13 payments in excess of $500 as provided by this section. 1-14 (c) An itemization of expenditures must state: 1-15 (1) the date each expenditure was made; 1-16 (2) the purpose of each expenditure; and 1-17 (3) the child for whom each expenditure was made if 1-18 the obligee receives child support for more than one child. 1-19 (d) An itemization of expenditures must contain a receipt or 1-20 other verification sufficient to show that each expenditure was in 1-21 fact made. 1-22 (e) An obligee must submit an itemization of expenditures 1-23 for an interval of time that is the same as the interval of time 1-24 that a court has ordered the obligor to make periodic child support 2-1 payments. The itemization must be submitted before the 31st day 2-2 after the last day of each interval. 2-3 (f) An obligor may bring an action under this section only 2-4 in the court of continuing jurisdiction. If the court finds that 2-5 child support payments made by the obligor have been spent 2-6 improperly by the obligee, the court may enter an appropriate order 2-7 under this chapter. 2-8 (g) An obligee who does not submit an itemization of 2-9 expenditures to the obligor as provided by this section or who 2-10 submits an incomplete itemization is liable to the obligor for an 2-11 amount equal to the difference between the amount paid by the 2-12 obligor for the interval of time for which an itemization is 2-13 required and the amount of any itemized expenditures that the court 2-14 finds has been properly spent by the obligee. If the obligee does 2-15 not itemize any expenditures, the obligee is liable to the obligor 2-16 for the entire amount paid by the obligor for the interval of time 2-17 for which an itemization is required. 2-18 (h) This section does not apply to a lump-sum payment of 2-19 child support. 2-20 SECTION 2. Subchapter A, Chapter 154, Family Code, is 2-21 amended by adding Section 154.013 to read as follows: 2-22 Sec. 154.013. PLACEMENT OF CERTAIN CHILD SUPPORT PAYMENTS IN 2-23 TRUST. (a) This section applies only to an obligor who is 2-24 required to pay a monthly child support obligation that exceeds 2-25 $800 for each child. 2-26 (b) An obligor subject to this section shall pay $800 each 2-27 month for each child for whom the obligor is required to pay 3-1 support in the manner provided by the child support order. 3-2 (c) An obligor subject to this section shall pay the amount 3-3 of the obligor's monthly child support obligation that exceeds $800 3-4 for each child into a trust established for the child. A trust 3-5 established as provided by this subsection is for the benefit of 3-6 the child and the child may receive the proceeds of the trust after 3-7 the child's 18th birthday in the manner provided by the terms of 3-8 the trust. 3-9 (d) A court that enters a child support order under which an 3-10 obligor is required to make a monthly child support payment for a 3-11 child that exceeds $800 shall include in the order the requirement 3-12 that a trust be established as provided by this section and any 3-13 other terms for the trust the court determines to be in the best 3-14 interests of the child. 3-15 SECTION 3. (a) This Act takes effect September 1, 1997. 3-16 (b) The change in law made by this Act relating to the 3-17 itemization of certain child support payments applies only to a 3-18 child support payment made on or after the effective date of this 3-19 Act. 3-20 (c) The change in law made by this Act relating to the 3-21 establishment of a trust from certain child support payments 3-22 applies only to a payment made under a child support order that is 3-23 entered or modified on or after the effective date of this Act. 3-24 (d) The change in law made by this Act is not sufficient by 3-25 itself to constitute a material and substantial change in the 3-26 circumstances of a child for whose benefit a child support order 3-27 has been entered to warrant modification of the order under Chapter 4-1 156, Family Code. 4-2 SECTION 4. The importance of this legislation and the 4-3 crowded condition of the calendars in both houses create an 4-4 emergency and an imperative public necessity that the 4-5 constitutional rule requiring bills to be read on three several 4-6 days in each house be suspended, and this rule is hereby suspended.