By Goodman, Naishtat H.B. No. 957
75R4309 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the revision of the Uniform Interstate Family Support
1-3 Act to comply with federal law.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 159.101(7), (16), and (19), Family Code,
1-6 are amended to read as follows:
1-7 (7) "Initiating state" means a state from [in] which a
1-8 proceeding is forwarded or in which a proceeding is filed for
1-9 forwarding to a responding state under this chapter or a law or
1-10 procedure substantially similar to this chapter, the Uniform
1-11 Reciprocal Enforcement of Support Act, or the Revised Uniform
1-12 Reciprocal Enforcement of Support Act [is filed for forwarding to a
1-13 responding state].
1-14 (16) "Responding state" means a state in [to] which a
1-15 proceeding is filed or to which a proceeding is forwarded for
1-16 filing from an initiating state under this chapter or a law or
1-17 procedure substantially similar to this chapter, the Uniform
1-18 Reciprocal Enforcement of Support Act, or the Revised Uniform
1-19 Reciprocal Enforcement of Support Act.
1-20 (19) "State" means a state of the United States, the
1-21 District of Columbia, [the Commonwealth of] Puerto Rico, the United
1-22 States Virgin Islands, or any territory or insular possession
1-23 subject to the jurisdiction of the United States. The term
1-24 includes:
2-1 (A) an Indian tribe; and
2-2 (B) a foreign jurisdiction that has enacted a
2-3 law or established procedures for issuance and enforcement of
2-4 support orders that are substantially similar to the procedures
2-5 under this chapter, the Uniform Reciprocal Enforcement of Support
2-6 Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
2-7 SECTION 2. Section 159.102, Family Code, is amended to read
2-8 as follows:
2-9 Sec. 159.102. TRIBUNAL OF [THIS] STATE. The court is the
2-10 tribunal of this state.
2-11 SECTION 3. Section 159.203, Family Code, is amended to read
2-12 as follows:
2-13 Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF [THIS]
2-14 STATE. Under this chapter, a tribunal of this state may serve as
2-15 an initiating tribunal to forward proceedings to another state and
2-16 as a responding tribunal for proceedings initiated in another
2-17 state.
2-18 SECTION 4. Section 159.205(a), Family Code, is amended to
2-19 read as follows:
2-20 (a) A tribunal of this state issuing a support order
2-21 consistent with the law of this state has continuing, exclusive
2-22 jurisdiction over a child support order:
2-23 (1) as long as this state remains the residence of the
2-24 obligor, the individual obligee, or the child for whose benefit the
2-25 support order is issued; or
2-26 (2) until all of the parties who are individuals have
2-27 [each individual party has] filed written consents [consent] with
3-1 the tribunal of this state for a tribunal of another state to
3-2 modify the order and assume continuing, exclusive jurisdiction.
3-3 SECTION 5. Section 159.207, Family Code, is amended to read
3-4 as follows:
3-5 Sec. 159.207. RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER
3-6 [ORDERS]. (a) If a proceeding is brought under this chapter and
3-7 [one or more child support orders have been issued in this or
3-8 another state with regard to an obligor and a child, a tribunal of
3-9 this state shall apply the following rules in determining which
3-10 order to recognize for purposes of continuing, exclusive
3-11 jurisdiction:]
3-12 [(1) if] only one tribunal has issued a child support
3-13 order, the order of that tribunal controls and must be so
3-14 recognized.
3-15 (b) If a proceeding is brought under this chapter and two or
3-16 more child support orders have been issued by tribunals of this
3-17 state or another state with regard to the same obligor and child, a
3-18 tribunal of this state shall apply the following rules in
3-19 determining which order to recognize for purposes of continuing,
3-20 exclusive jurisdiction: [;]
3-21 (1) [(2)] if [two or more tribunals have issued child
3-22 support orders for the same obligor and child and] only one of the
3-23 tribunals would have continuing, exclusive jurisdiction under this
3-24 chapter, the order of that tribunal controls and must be so
3-25 recognized;
3-26 (2) [(3)] if [two or more tribunals have issued child
3-27 support orders for the same obligor and child and] more than one
4-1 of the tribunals would have continuing, exclusive jurisdiction
4-2 under this chapter, an order issued by a tribunal in the current
4-3 home state of the child controls and must be so recognized, but if
4-4 an order has not been issued in the current home state of the
4-5 child, the order most recently issued controls and must be so
4-6 recognized; and
4-7 (3) [(4)] if [two or more tribunals have issued child
4-8 support orders for the same obligor and child and] none of the
4-9 tribunals would have continuing, exclusive jurisdiction under this
4-10 chapter, the tribunal of this state having jurisdiction over the
4-11 parties shall [may] issue a child support order that controls and
4-12 must be so recognized.
4-13 (c) If two or more child support orders have been issued for
4-14 the same obligor and child and if the obligor or the individual
4-15 obligee resides in this state, a party may request a tribunal of
4-16 this state to determine which order controls and must be so
4-17 recognized under Subsection (b). The request must be accompanied by
4-18 a certified copy of every support order in effect. The requesting
4-19 party shall give notice of the request to each party whose rights
4-20 may be affected by the determination.
4-21 (d) [(b)] The tribunal that issued the controlling [issues
4-22 an] order [recognized] under Subsection (a), (b), or (c) is the
4-23 tribunal that has continuing, exclusive jurisdiction under Section
4-24 159.205.
4-25 (e) A tribunal of this state that determines by order the
4-26 identity of the controlling order under Subsection (b)(1) or (2) or
4-27 that issues a new controlling order under Subsection (b)(3) shall
5-1 state in that order the basis upon which the tribunal made its
5-2 determination.
5-3 (f) Within 30 days after issuance of an order determining
5-4 the identity of the controlling order, the party obtaining the
5-5 order shall file a certified copy of it with each tribunal that
5-6 issued or registered an earlier order of child support. A party who
5-7 obtains the order and fails to file a certified copy is subject to
5-8 appropriate sanctions by a tribunal in which the issue of failure
5-9 to file arises. The failure to file does not affect the validity or
5-10 enforceability of the controlling order.
5-11 SECTION 6. Section 159.301, Family Code, is amended to read
5-12 as follows:
5-13 Sec. 159.301. PROCEEDINGS UNDER [THIS] CHAPTER. (a) Except
5-14 as otherwise provided in this chapter, this subchapter applies to
5-15 all proceedings under this chapter.
5-16 (b) This chapter provides for the following proceedings:
5-17 (1) establishment of an order for spousal support or
5-18 child support pursuant to [under] Section 159.401;
5-19 (2) enforcement of a support order and
5-20 income-withholding order of another state without registration
5-21 pursuant to Sections 159.501 through 159.507 [under Subchapter F];
5-22 (3) registration of an order for spousal support or
5-23 child support of another state for enforcement pursuant to Sections
5-24 159.601 through 159.608 [under Subchapter G];
5-25 (4) modification of an order for child support or
5-26 spousal support issued by a tribunal of this state pursuant to
5-27 [under] Sections 159.203 through [-] 159.205;
6-1 (5) registration of an order for child support of
6-2 another state for modification pursuant to Sections 159.609 through
6-3 159.614 [under Subchapter G];
6-4 (6) determination of parentage pursuant to Section
6-5 159.701 [under Subchapter H]; and
6-6 (7) assertion of jurisdiction over nonresidents
6-7 pursuant to [under] Sections 159.201 and 159.202.
6-8 (c) An individual or a support enforcement agency may
6-9 commence a proceeding authorized under this chapter by filing a
6-10 petition in an initiating tribunal for forwarding to a responding
6-11 tribunal or by filing a petition or a comparable pleading directly
6-12 in a tribunal of another state that has or that can obtain personal
6-13 jurisdiction over the respondent.
6-14 SECTION 7. Section 159.303, Family Code, is amended to read
6-15 as follows:
6-16 Sec. 159.303. APPLICATION OF LAW OF [THIS] STATE. Except as
6-17 otherwise provided in this chapter, a responding tribunal of this
6-18 state shall:
6-19 (1) apply the procedural and substantive law,
6-20 including the rules on choice of law, generally applicable to
6-21 similar proceedings originating in this state and may exercise all
6-22 powers and provide all remedies available in those proceedings; and
6-23 (2) determine the duty of support and the amount
6-24 payable in accordance with the law and support guidelines of this
6-25 state.
6-26 SECTION 8. Section 159.304, Family Code, is amended to read
6-27 as follows:
7-1 Sec. 159.304. DUTIES OF INITIATING TRIBUNAL. (a) On the
7-2 filing of a petition authorized by this chapter, an initiating
7-3 tribunal of this state shall forward three copies of the petition
7-4 and its accompanying documents:
7-5 (1) to the responding tribunal or appropriate support
7-6 enforcement agency in the responding state; or
7-7 (2) if the identity of the responding tribunal is
7-8 unknown, to the state information agency of the responding state
7-9 with a request that they be forwarded to the appropriate tribunal
7-10 and that receipt be acknowledged.
7-11 (b) If a responding state has not enacted the Uniform
7-12 Interstate Family Support Act or a law or procedure substantially
7-13 similar to that Act, a tribunal of this state may issue a
7-14 certificate or other document and make findings required by the law
7-15 of the responding state. If the responding state is a foreign
7-16 jurisdiction, the tribunal may specify the amount of support sought
7-17 and provide other documents necessary to satisfy the requirements
7-18 of the responding state.
7-19 SECTION 9. Sections 159.305(a), (b), and (e), Family Code,
7-20 are amended to read as follows:
7-21 (a) When a responding tribunal of this state receives a
7-22 petition or comparable pleading from an initiating tribunal or
7-23 directly under Section 159.301(c), the responding tribunal shall
7-24 cause the petition or pleading to be filed and notify the
7-25 petitioner [by first class mail] where and when it was filed.
7-26 (b) A responding tribunal of this state, to the extent
7-27 otherwise authorized by law, may do one or more of the following:
8-1 (1) issue or enforce a support order, modify a child
8-2 support order, or render a judgment to determine parentage;
8-3 (2) order an obligor to comply with a support order
8-4 and specify the amount and the manner of compliance;
8-5 (3) order income withholding;
8-6 (4) determine the amount of any arrearages and specify
8-7 a method of payment;
8-8 (5) enforce orders by civil or criminal contempt, or
8-9 both;
8-10 (6) set aside property for satisfaction of the support
8-11 order;
8-12 (7) place liens and order execution on the obligor's
8-13 property[, provided, however, a lien under this subdivision may not
8-14 arise or attach to real property until recorded in the real
8-15 property records of the county where the real property of the
8-16 obligor is located and shall be subordinate to the rights of prior
8-17 bona fide purchasers and lienholders on the real property];
8-18 (8) order an obligor to keep the tribunal informed of
8-19 the obligor's current residential address, telephone number,
8-20 employer, address of employment, and telephone number at the place
8-21 of employment;
8-22 (9) issue a bench warrant or capias for an obligor who
8-23 has failed after proper notice to appear at a hearing ordered by
8-24 the tribunal and enter the bench warrant or capias in any local and
8-25 state computer systems for criminal warrants;
8-26 (10) order the obligor to seek appropriate employment
8-27 by specified methods;
9-1 (11) award reasonable attorney's fees and other fees
9-2 and costs; and
9-3 (12) grant any other available remedy.
9-4 (e) If a responding tribunal of this state issues an order
9-5 under this chapter, the tribunal shall send a copy of the order [by
9-6 first class mail] to the petitioner and the respondent and to the
9-7 initiating tribunal, if any.
9-8 SECTION 10. Section 159.306, Family Code, is amended to read
9-9 as follows:
9-10 Sec. 159.306. INAPPROPRIATE TRIBUNAL. If a petition or
9-11 comparable pleading is received by an inappropriate tribunal of
9-12 this state, that tribunal shall forward the pleading and
9-13 accompanying documents to an appropriate tribunal in this state or
9-14 another state and notify the petitioner [by first class mail] where
9-15 and when the pleading was sent.
9-16 SECTION 11. Section 159.307(b), Family Code, is amended to
9-17 read as follows:
9-18 (b) A support enforcement agency that provides services to
9-19 the petitioner as appropriate shall:
9-20 (1) take all steps necessary to enable an appropriate
9-21 tribunal in this state or another state to obtain jurisdiction over
9-22 the respondent;
9-23 (2) request an appropriate tribunal to set a date,
9-24 time, and place for a hearing;
9-25 (3) make a reasonable effort to obtain all relevant
9-26 information, including information as to income and property of the
9-27 parties;
10-1 (4) not later than the second day, excluding
10-2 Saturdays, Sundays, and legal holidays, after the date of receipt
10-3 of a written notice from an initiating, responding, or registering
10-4 tribunal, send a copy of the notice [by first class mail] to the
10-5 petitioner;
10-6 (5) not later than the second day, excluding
10-7 Saturdays, Sundays, and legal holidays, after the date of receipt
10-8 of a written communication from the respondent or the respondent's
10-9 attorney, send a copy of the communication [by first class mail] to
10-10 the petitioner; and
10-11 (6) notify the petitioner if jurisdiction over the
10-12 respondent cannot be obtained.
10-13 SECTION 12. Sections 159.313(a) and (c), Family Code, are
10-14 amended to read as follows:
10-15 (a) The petitioner may not be required to pay [An initiating
10-16 court may require payment of either] a filing fee or other costs
10-17 [from the obligee and may request the responding court to collect
10-18 fees and costs from the obligor. The clerk of the responding court
10-19 may require payment of a filing fee or other costs from the
10-20 obligee].
10-21 (c) The tribunal shall order the payment of costs and
10-22 reasonable attorney's fees if it determines that a hearing was
10-23 requested primarily for delay. In a proceeding pursuant to Sections
10-24 159.601 through 159.608 [under Subchapter G], a hearing is
10-25 presumed to have been requested primarily for delay if a registered
10-26 support order is confirmed or enforced without change.
10-27 SECTION 13. Subchapter F, Chapter 159, Family Code, is
11-1 amended to read as follows:
11-2 SUBCHAPTER F. [DIRECT] ENFORCEMENT OF ORDER OF
11-3 ANOTHER STATE WITHOUT REGISTRATION
11-4 Sec. 159.501. EMPLOYER'S RECEIPT [RECOGNITION] OF INCOME
11-5 WITHHOLDING ORDER OF ANOTHER STATE. [(a)] An income-withholding
11-6 order issued in another state may be sent [by first class mail] to
11-7 the obligor's employer under Chapter 158 without first filing a
11-8 petition or comparable pleading or registering the order with a
11-9 tribunal of this state.
11-10 Sec. 159.502. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING
11-11 ORDER OF ANOTHER STATE. (a) On receipt of an income-withholding
11-12 [the] order, the obligor's employer shall immediately provide a
11-13 copy of the order to the obligor.
11-14 (b) The employer shall[:]
11-15 [(1)] treat an income-withholding order issued in
11-16 another state that appears regular on its face as if the order had
11-17 been issued by a tribunal of this state.
11-18 (c) Except as otherwise provided in Subsection (d) and
11-19 Section 159.503, the employer shall withhold and[;]
11-20 [(2) immediately provide a copy of the order to the
11-21 obligor; and]
11-22 [(3)] distribute the funds as directed in the
11-23 withholding order by complying with terms of the order that
11-24 specify:
11-25 (1) the duration and amount of periodic payments of
11-26 current child support, stated as a sum certain;
11-27 (2) the person or agency designated to receive
12-1 payments and the address to which the payments are to be forwarded;
12-2 (3) medical support, whether in the form of periodic
12-3 cash payments, stated as a sum certain, or ordering the obligor to
12-4 provide health insurance coverage for the child under a policy
12-5 available through the obligor's employment;
12-6 (4) the amount of periodic payments of fees and costs
12-7 for a support enforcement agency, the issuing tribunal, and the
12-8 obligee's attorney, stated as sums certain; and
12-9 (5) the amount of periodic payments of arrearages and
12-10 interest on arrearages, stated as sums certain.
12-11 (d) An employer shall comply with the law of the state of
12-12 the obligor's principal place of employment for withholding from
12-13 income with respect to:
12-14 (1) the employer's fee for processing an
12-15 income-withholding order;
12-16 (2) the maximum amount permitted to be withheld from
12-17 the obligor's income; and
12-18 (3) the times within which the employer must implement
12-19 the withholding order and forward the child support payment.
12-20 Sec. 159.503. COMPLIANCE WITH MULTIPLE INCOME-WITHHOLDING
12-21 ORDERS. If an obligor's employer receives multiple
12-22 income-withholding orders with respect to the earnings of the same
12-23 obligor, the employer satisfies the terms of the multiple orders if
12-24 the employer complies with the law of the state of the obligor's
12-25 principal place of employment to establish the priorities for
12-26 withholding and allocating income withheld for multiple child
12-27 support obligees.
13-1 Sec. 159.504. IMMUNITY FROM CIVIL LIABILITY. An employer
13-2 who complies with an income-withholding order issued in another
13-3 state in accordance with this subchapter is not subject to civil
13-4 liability to an individual or agency with regard to the employer's
13-5 withholding of child support from the obligor's income.
13-6 Sec. 159.505. PENALTIES FOR NONCOMPLIANCE. An employer who
13-7 wilfully fails to comply with an income-withholding order issued by
13-8 another state and received for enforcement is subject to the same
13-9 penalties that may be imposed for noncompliance with an order
13-10 issued by a tribunal of this state.
13-11 Sec. 159.506. CONTEST BY OBLIGOR. (a) [(b)] An obligor may
13-12 contest the validity or enforcement of an income-withholding order
13-13 issued in another state and received directly by an employer in
13-14 this state in the same manner as if the order had been issued by a
13-15 tribunal of this state. Section 159.604 applies to the contest.
13-16 (b) The obligor shall give notice of the contest to:
13-17 (1) a [any] support enforcement agency providing
13-18 services to the obligee;
13-19 (2) each employer that has directly received an
13-20 income-withholding order; and [to:]
13-21 (3) [(1)] the person or agency designated to receive
13-22 payments in the income-withholding order[;] or
13-23 [(2)] to the obligee, if no person or agency is
13-24 designated.
13-25 Sec. 159.507 [Sec. 159.502]. ADMINISTRATIVE ENFORCEMENT OF
13-26 ORDERS. (a) A party seeking to enforce a support order or an
13-27 income-withholding order, or both, issued by a tribunal of another
14-1 state may send the documents required for registering the order to
14-2 a support enforcement agency of this state.
14-3 (b) On receipt of the documents, the support enforcement
14-4 agency, without initially seeking to register the order, shall
14-5 consider and, if appropriate, use any administrative procedure
14-6 authorized by the law of this state to enforce a support order or
14-7 an income-withholding order, or both. If the obligor does not
14-8 contest administrative enforcement, the order need not be
14-9 registered. If the obligor contests the validity or administrative
14-10 enforcement of the order, the support enforcement agency shall
14-11 register the order under this chapter.
14-12 SECTION 14. Section 159.604(a), Family Code, is amended to
14-13 read as follows:
14-14 (a) The law of the issuing state governs the nature, extent,
14-15 amount, and duration of current payments and other obligations of
14-16 support and the payment of arrearages under the order [only if a
14-17 party provides the court having jurisdiction over an action in this
14-18 state a certified copy of the applicable law of the state.
14-19 Otherwise, the law of this state applies].
14-20 SECTION 15. Sections 159.605(a) and (b), Family Code, are
14-21 amended to read as follows:
14-22 (a) When a support order or income-withholding order issued
14-23 in another state is registered, the registering tribunal shall
14-24 notify the nonregistering party. [Notice must be given by first
14-25 class, certified, or registered mail or by any means of personal
14-26 service authorized by the law of this state.] The notice must be
14-27 accompanied by a copy of the registered order and the documents and
15-1 relevant information accompanying the order.
15-2 (b) The notice must inform the nonregistering party:
15-3 (1) that a registered order is enforceable as of the
15-4 date of registration in the same manner as an order issued by a
15-5 tribunal of this state;
15-6 (2) that a hearing to contest the validity or
15-7 enforcement of the registered order must be requested within 20
15-8 days [not later than the 20th day] after [the date the] notice [was
15-9 mailed or personally served];
15-10 (3) that failure to contest the validity or
15-11 enforcement of the registered order in a timely manner:
15-12 (A) will result in confirmation of the order and
15-13 enforcement of the order and the alleged arrearages; and
15-14 (B) precludes further contest of that order with
15-15 respect to any matter that could have been asserted; and
15-16 (4) of the amount of any alleged arrearages.
15-17 SECTION 16. Sections 159.606(a) and (c), Family Code, are
15-18 amended to read as follows:
15-19 (a) A nonregistering party seeking to contest the validity
15-20 or enforcement of a registered order in this state shall [must]
15-21 request a hearing within 20 days [not later than the 20th day]
15-22 after [the date the] notice of the registration [was mailed or
15-23 personally served]. The nonregistering party may seek under
15-24 Section 159.607 to:
15-25 (1) vacate the registration;
15-26 (2) assert any defense to an allegation of
15-27 noncompliance with the registered order; or
16-1 (3) contest the remedies being sought or the amount of
16-2 any alleged arrearages.
16-3 (c) If a nonregistering party requests a hearing to contest
16-4 the validity or enforcement of the registered order, the
16-5 registering tribunal shall schedule the matter for hearing and give
16-6 notice to the parties [by first class mail] of the date, time, and
16-7 place of the hearing.
16-8 SECTION 17. Sections 159.611(a) and (c), Family Code, are
16-9 amended to read as follows:
16-10 (a) After a child support order issued in another state has
16-11 been registered in this state, the responding tribunal of this
16-12 state may modify the order only if Section 159.613 does not apply
16-13 and[,] after notice and hearing[,] the tribunal finds that:
16-14 (1) the following requirements are met:
16-15 (A) the child, the individual obligee, and the
16-16 obligor do not reside in the issuing state;
16-17 (B) a petitioner who is a nonresident of this
16-18 state seeks modification; and
16-19 (C) the respondent is subject to the personal
16-20 jurisdiction of the tribunal of this state; or
16-21 (2) [an individual party or] the child, or a party who
16-22 is an individual, is subject to the personal jurisdiction of the
16-23 tribunal of this state and all of the [individual] parties who are
16-24 individuals have filed in the issuing tribunal [a] written
16-25 consents for [consent that provides that] a tribunal of this state
16-26 to [may] modify the support order and assume continuing, exclusive
16-27 jurisdiction over the order; however, for the purposes of this
17-1 subdivision, if the issuing state is a foreign jurisdiction that
17-2 has not enacted a law or established procedures substantially
17-3 similar to the procedures under this chapter, the consent otherwise
17-4 required of an individual residing in this state is not required
17-5 for the tribunal to assume jurisdiction to modify the child support
17-6 order.
17-7 (c) A tribunal of this state may not modify any aspect of a
17-8 child support order that may not be modified under the law of the
17-9 issuing state. If two or more tribunals have issued child support
17-10 orders for the same obligor and child, the order that controls and
17-11 must be so recognized under Section 159.207 establishes the aspects
17-12 of the support order that are nonmodifiable.
17-13 SECTION 18. Subchapter G, Chapter 159, Family Code, is
17-14 amended by adding Sections 159.613 and 159.614 to read as follows:
17-15 Sec. 159.613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
17-16 ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE. (a)
17-17 If all of the parties who are individuals reside in this state and
17-18 the child does not reside in the issuing state, a tribunal of this
17-19 state has jurisdiction to enforce and to modify the issuing state's
17-20 child support order in a proceeding to register that order.
17-21 (b) A tribunal of this state exercising jurisdiction under
17-22 this section shall apply the provisions of Sections 159.101 through
17-23 159.209 and 159.601 through 159.614 and the procedural and
17-24 substantive law of this state to the proceeding for enforcement or
17-25 modification. Sections 159.301 through 159.507 and 159.701 through
17-26 159.802 do not apply.
17-27 Sec. 159.614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
18-1 Within 30 days after issuance of a modified child support order,
18-2 the party obtaining the modification shall file a certified copy of
18-3 the order with the issuing tribunal that had continuing, exclusive
18-4 jurisdiction over the earlier order and in each tribunal in which
18-5 the party knows the earlier order has been registered. A party who
18-6 obtains the order and fails to file a certified copy is subject to
18-7 appropriate sanctions by a tribunal in which the issue of failure
18-8 to file arises. The failure to file does not affect the validity
18-9 or enforceability of the modified order of the new tribunal having
18-10 continuing, exclusive jurisdiction.
18-11 SECTION 19. This Act takes effect September 1, 1997, and
18-12 applies only to an order, decree, or judgment entered on or after
18-13 that date.
18-14 SECTION 20. The importance of this legislation and the
18-15 crowded condition of the calendars in both houses create an
18-16 emergency and an imperative public necessity that the
18-17 constitutional rule requiring bills to be read on three several
18-18 days in each house be suspended, and this rule is hereby suspended.