By Maxey                                        H.B. No. 2124

      75R2177 CLG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the distribution of child support payments under the

 1-3     financial assistance program for persons with dependent children.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 231, Family Code, is

 1-6     amended by adding Section 231.116 to read as follows:

 1-7           Sec. 231.116.  DISTRIBUTION OF CERTAIN CHILD SUPPORT

 1-8     PAYMENTS.  (a)  When the Title IV-D agency receives a child support

 1-9     payment on  behalf of a child whose support rights have been

1-10     assigned to the agency under Section 231.104, the agency shall

1-11     distribute the amount collected in accordance with federal law.

1-12           (b)  To the extent authorized by federal law, the agency

1-13     shall send each month to a person who is receiving financial

1-14     assistance under Chapter 31, Human Resources Code, on behalf of a

1-15     child described by Subsection (a) a payment in an amount equal to

1-16     the lesser of:

1-17                 (1)  $50; or

1-18                 (2)  the state's share of the total amount of child

1-19     support the agency received on the child's behalf during the month.

1-20           (c)  In this section, "state share" has the meaning assigned

1-21     by 42 U.S.C.  Section 657(c).

1-22           SECTION 2.  Subchapter A, Chapter 31, Human Resources Code,

1-23     is amended by adding Section  31.0037 to read as follows:

1-24           Sec. 31.0037.  CHILD SUPPORT DISTRIBUTION.  The department

 2-1     may not consider the amount received under Section 231.116, Family

 2-2     Code, by a recipient of financial assistance for purposes of

 2-3     determining:

 2-4                 (1)  the amount of financial assistance granted to an

 2-5     individual under this chapter for the support of dependent

 2-6     children; or

 2-7                 (2)  whether the family meets household income and

 2-8     resource requirements for financial assistance under this chapter.

 2-9           SECTION 3.  The change in law made by Section 231.116(b),

2-10     Family Code, as added by this Act, applies only to a person who

2-11     receives financial assistance under Chapter 31, Human Resources

2-12     Code, on or after the effective date of this Act, regardless of the

2-13     date on which eligibility for that assistance was determined.

2-14           SECTION 4.  This Act takes effect September 1, 1997.

2-15           SECTION 5.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.