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.