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.