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 * * * * *