1-1 By: Oliveira (Senate Sponsor - Ellis) H.B. No. 566
1-2 (In the Senate - Received from the House March 13, 1997;
1-3 March 17, 1997, read first time and referred to Committee on State
1-4 Affairs; April 25, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 13, Nays 0; April 25, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-7 Amend HB 566 as follows:
1-8 (1) In SECTION 1 of the bill, in Section 466.407(a),
1-9 Government Code, on page 1, line 54, strike "[or]" and substitute
1-10 "or".
1-11 (2) In SECTION 1 of the bill, in Section 466.407(a),
1-12 Government Code, on page 1, line 56, strike "; or" and substitute a
1-13 period.
1-14 (3) In SECTION 1 of the bill, in Section 466.407(a),
1-15 Government Code, on page 1, strike lines 57 through 59.
1-16 COMMITTEE AMENDMENT NO. 2 By: Nelson
1-17 Amend HB 566 as follows:
1-18 Strike SECTION 2 of the bill (engrossed version, page 2,
1-19 lines 7-26) and substitute the following:
1-20 SECTION 2. Subchapter I, Chapter 466, Government Code, is
1-21 amended by adding Section 466.4075 to read as follows:
1-22 Sec. 466.4075. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN
1-23 LOTTERY WINNINGS. (a) This section applies only to a prize that
1-24 is required to be awarded by the director under Section 466.402(b).
1-25 (b) The executive director shall deduct an amount a court
1-26 has ordered to pay as delinquent from a person's winnings if the
1-27 executive director has been provided with a certified copy of a
1-28 court order and a notice of child support lien for delinquent child
1-29 support created under Subchapter G, Chapter 157, Family Code.
1-30 (c) If a person's winnings exceed the amount deducted under
1-31 Subsection (b) and any other section of this chapter allowing a
1-32 deduction from the winnings of a lottery winner, the executive
1-33 director shall pay the balance to the person. The executive
1-34 director shall transfer the money deducted under Subsection (b) to
1-35 the appropriate person.
1-36 (d) The commission shall adopt rules necessary to administer
1-37 this section.
1-38 A BILL TO BE ENTITLED
1-39 AN ACT
1-40 relating to certain deductions from the winnings of lottery
1-41 winners.
1-42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-43 SECTION 1. Sections 466.407(a) and (c), Government Code, are
1-44 amended to read as follows:
1-45 (a) The executive director shall deduct the amount of a
1-46 delinquent tax or other money from the winnings of a person who has
1-47 been finally determined to be:
1-48 (1) delinquent in the payment of a tax or other money
1-49 collected by the comptroller, the Texas Workforce Commission
1-50 [state treasurer], or the Texas Alcoholic Beverage Commission;
1-51 (2) delinquent in making child support payments
1-52 administered or collected by the attorney general;
1-53 (3) in default on a loan made under Chapter 52,
1-54 Education Code; [or]
1-55 (4) in default on a loan guaranteed under Chapter 57,
1-56 Education Code; or
1-57 (5) delinquent in payment of an obligation to the
1-58 crime victims compensation fund or in the payment of an order of
1-59 restitution following conviction in a criminal case.
1-60 (c) The attorney general, comptroller, Texas Workforce
1-61 Commission [state treasurer], Texas Alcoholic Beverage Commission,
1-62 Texas Higher Education Coordinating Board, and Texas Guaranteed
1-63 Student Loan Corporation shall each provide the executive director
1-64 with a report of persons who have been finally determined to be
2-1 delinquent in the payment of a tax or other money collected by the
2-2 agency. The commission shall adopt rules regarding the form and
2-3 frequency of reports under this subsection.
2-4 SECTION 2. Subchapter I, Chapter 466, Government Code, is
2-5 amended by adding Section 466.4075 to read as follows:
2-6 Sec. 466.4075. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN
2-7 LOTTERY WINNINGS. (a) This section applies only to a prize that
2-8 is required to be awarded by the director under Section 466.402(b).
2-9 (b) The executive director shall deduct an amount a court
2-10 has ordered a person to pay as delinquent or other child support
2-11 from a person's winnings if the executive director has been
2-12 provided with a copy of a court order, a notice of a child support
2-13 lien for delinquent child support created under Subchapter G,
2-14 Chapter 157, Family Code, or a writ of withholding issued under
2-15 Chapter 158, Family Code.
2-16 (c) If a person's winnings exceed the amount deducted under
2-17 Subsection (b) and any other section of this chapter allowing a
2-18 deduction from the winnings of a lottery winner, the executive
2-19 director shall pay the balance to the person. The executive
2-20 director shall transfer the money deducted under Subsection (b) to
2-21 the appropriate person.
2-22 (d) The commission shall adopt rules necessary to administer
2-23 this section.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
2-28 days in each house be suspended, and this rule is hereby suspended,
2-29 and that this Act take effect and be in force from and after its
2-30 passage, and it is so enacted.
2-31 * * * * *