By Allen H.B. No. 2151 75R2322 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the enforcement of the requirement to pay child 1-3 support; providing an offense. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 25, Penal Code, is amended by adding 1-6 Section 25.09 to read as follows: 1-7 Sec. 25.09. FAILURE TO MAKE CHILD SUPPORT PAYMENT. (a) A 1-8 person commits an offense if the person: 1-9 (1) is required under a court order to pay child 1-10 support each month; 1-11 (2) has sufficient money to pay the required payment; 1-12 and 1-13 (3) fails to make the required payment on or before 1-14 the 15th day after the date the payment becomes due. 1-15 (b) For the purpose of this section, each failure to make a 1-16 child support payment constitutes a separate offense. 1-17 (c) An offense under this section is a Class C misdemeanor. 1-18 SECTION 2. Subchapter A, Chapter 157, Family Code, is 1-19 amended by adding Section 157.009 to read as follows: 1-20 Sec. 157.009. PAYMENT OF SUPPORT; WAIVER OF FINE. (a) A 1-21 court having jurisdiction of a proceeding under Section 25.09, 1-22 Penal Code, may waive payment of all or part of the fine required 1-23 under that section for an obligor who provides proof to the court 1-24 that the obligor has made the required child support payment after 2-1 the date the obligor appeared in court. 2-2 (b) The court may provide a time limit by which an obligor 2-3 must provide proof of payment to the court before the court waives 2-4 all or part of the fine. 2-5 SECTION 3. This Act takes effect September 1, 1997. 2-6 SECTION 4. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.