By Puente                                             H.B. No. 2424

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to deductions from lottery winnings and compensation of

 1-3     the amount of certain child support, taxes, and other payments.

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

 1-5           SECTION 1.  Subchapter I, Chapter 466, Government Code, is

 1-6     amended by adding Section 466.4075 to read as follows:

 1-7           Sec. 466.4075.  DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN

 1-8     LOTTERY WINNINGS.  (a)  This section applies only to a prize that

 1-9     is required to be paid in periodic installments and is awarded by

1-10     the director under Section 466.402(b).

1-11           (b)  The executive director shall deduct an amount a court

1-12     has ordered a person to pay as child support from a person's

1-13     periodic installment winnings if the executive director has been

1-14     provided with a certified copy of a court order or a writ of

1-15     withholding issued under Chapter 158, Family Code, or notice of a

1-16     child support lien created under Subchapter G, Chapter 157, Family

1-17     Code.

1-18           (c)  The court order, writ of withholding, or notice of a

1-19     child support lien must direct child support to be paid in the

1-20     manner in which the periodic installment prize is paid.  The

1-21     executive director is not required to receive the court order, the

1-22     writ of withholding, or notice of child support lien until the

1-23     executive director determines there is a periodic installment prize

1-24     to which the winner is entitled.

 2-1           (d)  If a person's winnings exceed the amount deducted under

 2-2     Subsection (b) and Section 466.407, the executive director shall

 2-3     pay the balance to the person. The executive director shall

 2-4     transfer the money deducted under Subsection (b) to the clerk of

 2-5     the court that issued the order for placement in the registry of

 2-6     the court.

 2-7           (e)  The commission shall adopt rules under this section

 2-8     that:

 2-9                 (1)  allow a person with a court order under Chapter

2-10     157 or 158, Family Code, to file copies of the order with the

2-11     commission; and

2-12                 (2)  describe the procedures used by the commission to

2-13     compare the list of persons winning periodic installment prizes

2-14     under Section 466.402(b) with a list of obligors compiled from

2-15     orders filed under Subdivision (1) and to make the deductions

2-16     required under this section.

2-17           SECTION 2.  Section 466.358, Government Code, is amended by

2-18     adding Subsections (c)-(e) to read as follows:

2-19           (c)  The executive director shall deduct the amount of a

2-20     delinquent tax or other money from the payments made as

2-21     compensation to a sales agent who has been finally determined to

2-22     be:

2-23                 (1)  delinquent in the payment of a tax or other money

2-24     collected by the comptroller, the Texas Workforce Commission, or

2-25     the Texas Alcoholic Beverage Commission;

2-26                 (2)  delinquent in making child support payments

2-27     administered or collected by the attorney general;

 3-1                 (3)  in default on a loan made under Chapter 52,

 3-2     Education Code; or

 3-3                 (4)  in default on a loan guaranteed under Chapter 57,

 3-4     Education Code.

 3-5           (d)  If a sales agent's compensation exceeds a delinquency

 3-6     under Subsection (c), the director shall pay the balance to the

 3-7     sales agent.  The director shall transfer the amount deducted to

 3-8     the appropriate agency.

 3-9           (e)  The attorney general, comptroller, Texas Workforce

3-10     Commission, Texas Alcoholic Beverage Commission, Texas Higher

3-11     Education Coordinating Board, and Texas Guaranteed Student Loan

3-12     Corporation shall each provide the executive director with a report

3-13     of persons who have been finally determined to be delinquent in the

3-14     payment of a tax or other money collected by the agency. The

3-15     commission shall adopt rules regarding the form and frequency of

3-16     reports under this subsection.

3-17           SECTION 3.  Sections 466.407(a) and (c), Government Code, are

3-18     amended to read as follows:

3-19           (a)  The executive director shall deduct the amount of a

3-20     delinquent tax or other money from the winnings of a person who has

3-21     been finally determined to be:

3-22                 (1)  delinquent in the payment of a tax or other money

3-23     collected by the comptroller, the Texas Workforce Commission [state

3-24     treasurer], or the Texas Alcoholic Beverage Commission;

3-25                 (2)  delinquent in making child support payments

3-26     administered or collected by the attorney general;

3-27                 (3)  in default on a loan made under Chapter 52,

 4-1     Education Code; or

 4-2                 (4)  in default on a loan guaranteed under Chapter 57,

 4-3     Education Code.

 4-4           (c)  The attorney general, comptroller, Texas Workforce

 4-5     Commission [state treasurer], Texas Alcoholic Beverage Commission,

 4-6     Texas Higher Education Coordinating Board, and Texas Guaranteed

 4-7     Student Loan Corporation shall each provide the executive director

 4-8     with a report of persons who have been finally determined to be

 4-9     delinquent in the payment of a tax or other money collected by the

4-10     agency.  The commission shall adopt rules regarding the form and

4-11     frequency of reports under this subsection.

4-12           SECTION 4.  The importance of this legislation and the

4-13     crowded condition of the calendars in both houses create an

4-14     emergency and an imperative public necessity that the

4-15     constitutional rule requiring bills to be read on three several

4-16     days in each house be suspended, and this rule is hereby suspended,

4-17     and that this Act take effect and be in force from and after its

4-18     passage, and it is so enacted.