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.