1-1     By:  Puente (Senate Sponsor - Wentworth)              H.B. No. 2424

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 16, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to deductions from lottery winnings and compensation of

 1-9     the amount of certain child support, taxes, and other payments.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter I, Chapter 466, Government Code, is

1-12     amended by adding Section 466.4075 to read as follows:

1-13           Sec. 466.4075.  DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN

1-14     LOTTERY WINNINGS.  (a)  This section applies only to a prize that

1-15     is required to be paid in periodic installments and is awarded by

1-16     the director under Section 466.402(b).

1-17           (b)  The executive director shall deduct an amount a court

1-18     has ordered a person to pay as child support from a person's

1-19     periodic installment winnings if the executive director has been

1-20     provided with a certified copy of a court order or a writ of

1-21     withholding issued under Chapter 158, Family Code, or notice of a

1-22     child support lien created under Subchapter G, Chapter 157, Family

1-23     Code.

1-24           (c)  The court order, writ of withholding, or notice of a

1-25     child support lien must direct child support to be paid in the

1-26     manner in which the periodic installment prize is paid.  The

1-27     executive director is not required to receive the court order, the

1-28     writ of withholding, or notice of child support lien until the

1-29     executive director determines there is a periodic installment prize

1-30     to which the winner is entitled.

1-31           (d)  If a person's winnings exceed the amount deducted under

1-32     Subsection (b) and Section 466.407, the executive director shall

1-33     pay the balance to the person. The executive director shall

1-34     transfer the money deducted under Subsection (b) to the clerk of

1-35     the court that issued the order for placement in the registry of

1-36     the court.

1-37           (e)  The commission shall adopt rules under this section

1-38     that:

1-39                 (1)  allow a person with a court order under Chapter

1-40     157 or 158, Family Code, to file copies of the order with the

1-41     commission; and

1-42                 (2)  describe the procedures used by the commission to

1-43     compare the list of persons winning periodic installment prizes

1-44     under Section 466.402(b) with a list of obligors compiled from

1-45     orders filed under Subdivision (1) and to make the deductions

1-46     required under this section.

1-47           SECTION 2.  Section 466.358, Government Code, is amended by

1-48     adding Subsections (c)-(e) to read as follows:

1-49           (c)  The executive director shall deduct the amount of a

1-50     delinquent tax or other money from the payments made as

1-51     compensation to a sales agent who has been finally determined to

1-52     be:

1-53                 (1)  delinquent in the payment of a tax or other money

1-54     collected by the comptroller, the Texas Workforce Commission, or

1-55     the Texas Alcoholic Beverage Commission;

1-56                 (2)  delinquent in making child support payments

1-57     administered or collected by the attorney general;

1-58                 (3)  in default on a loan made under Chapter 52,

1-59     Education Code; or

1-60                 (4)  in default on a loan guaranteed under Chapter 57,

1-61     Education Code.

1-62           (d)  If a sales agent's compensation exceeds a delinquency

1-63     under Subsection (c), the director shall pay the balance to the

1-64     sales agent.  The director shall transfer the amount deducted to

 2-1     the appropriate agency.

 2-2           (e)  The attorney general, comptroller, Texas Workforce

 2-3     Commission, Texas Alcoholic Beverage Commission, Texas Higher

 2-4     Education Coordinating Board, and Texas Guaranteed Student Loan

 2-5     Corporation shall each provide the executive director with a report

 2-6     of persons who have been finally determined to be delinquent in the

 2-7     payment of a tax or other money collected by the agency. The

 2-8     commission shall adopt rules regarding the form and frequency of

 2-9     reports under this subsection.

2-10           SECTION 3.  Sections 466.407(a) and (c), Government Code, are

2-11     amended to read as follows:

2-12           (a)  The executive director shall deduct the amount of a

2-13     delinquent tax or other money from the winnings of a person who has

2-14     been finally determined to be:

2-15                 (1)  delinquent in the payment of a tax or other money

2-16     collected by the comptroller, the Texas Workforce Commission [state

2-17     treasurer], or the Texas Alcoholic Beverage Commission;

2-18                 (2)  delinquent in making child support payments

2-19     administered or collected by the attorney general;

2-20                 (3)  in default on a loan made under Chapter 52,

2-21     Education Code; or

2-22                 (4)  in default on a loan guaranteed under Chapter 57,

2-23     Education Code.

2-24           (c)  The attorney general, comptroller, Texas Workforce

2-25     Commission [state treasurer], Texas Alcoholic Beverage Commission,

2-26     Texas Higher Education Coordinating Board, and Texas Guaranteed

2-27     Student Loan Corporation shall each provide the executive director

2-28     with a report of persons who have been finally determined to be

2-29     delinquent in the payment of a tax or other money collected by the

2-30     agency.  The commission shall adopt rules regarding the form and

2-31     frequency of reports under this subsection.

2-32           SECTION 4.  The importance of this legislation and the

2-33     crowded condition of the calendars in both houses create an

2-34     emergency and an imperative public necessity that the

2-35     constitutional rule requiring bills to be read on three several

2-36     days in each house be suspended, and this rule is hereby suspended,

2-37     and that this Act take effect and be in force from and after its

2-38     passage, and it is so enacted.

2-39                                  * * * * *