By Puente                                             H.B. No. 2424

         75R1053 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to deductions of the amount of certain child support

 1-3     awards from lottery winnings.

 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 awarded by the director under Section 466.402(b).

1-10           (b)  The executive director shall deduct an amount a court

1-11     has ordered a person to pay as child support from a person's

1-12     winnings if the executive director has been provided with a copy of

1-13     a court order or a writ of withholding issued under Chapter 158,

1-14     Family Code, or notice of a child support lien created under

1-15     Subchapter G, Chapter 157, Family Code.

1-16           (c)  If a person's winnings exceed the amount deducted under

1-17     Subsection (b) and Section 466.407, the executive director shall

1-18     pay the balance to the person. The executive director shall

1-19     transfer the money deducted under Subsection (b) to the clerk of

1-20     the court that issued the order for placement in the registry of

1-21     the court.

1-22           (d)  The commission shall adopt rules under this section

1-23     that:

1-24                 (1)  allow a person with a court order under Chapter

 2-1     157 or 158, Family Code, to file copies of the order with the

 2-2     commission; and

 2-3                 (2)  describe the procedures used by the commission to

 2-4     compare the list of persons winning prizes under Section 466.402(b)

 2-5     with a list of obligors compiled from orders filed under

 2-6     Subdivision (1) and to make the deductions required under this

 2-7     section.

 2-8           SECTION 2.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended,

2-13     and that this Act take effect and be in force from and after its

2-14     passage, and it is so enacted.

2-15                          COMMITTEE AMENDMENT NO. 1

2-16           Amend H.B. No. 2424 as follows:

2-17           Section 1, page 1, line 9, between the words "be" and

2-18     "awarded" add "paid in periodic installments and is"

2-19           Section 1, page 1, line 12 before the word "winnings" add

2-20     "periodic installment" and between the words "a" and "copy" add

2-21     "certified"

2-22           Section 1, page 1, line 16, add a new subsection (c) to read

2-23     as follows and renumber subsections accordingly:

2-24           (c)  The court order, writ of withholding, or notice of a

2-25     child support lien must direct child support to be paid in the

2-26     manner in which the periodic installment prize is paid.  The

2-27     executive director is not required to receive the court order, the

 3-1     writ of withholding or notice of child support lien until the

 3-2     executive director determines there is a periodic installment prize

 3-3     to which the winner is entitled.

 3-4           Section 1, page 2, line 4, between the words "winning" and

 3-5     "prizes" add "periodic installment"

 3-6                                                          Reyna of Bexar