By: Harris S.B. No. 426
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the revision of the Uniform Interstate Family Support
1-2 Act to comply with federal law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivisions (7), (16), and (19), Section
1-5 159.101, Family Code, are amended to read as follows:
1-6 (7) "Initiating state" means a state from [in] which a
1-7 proceeding is forwarded or in which a proceeding is filed for
1-8 forwarding to a responding state under this chapter or a law or
1-9 procedure substantially similar to this chapter, the Uniform
1-10 Reciprocal Enforcement of Support Act, or the Revised Uniform
1-11 Reciprocal Enforcement of Support Act [is filed for forwarding to a
1-12 responding state].
1-13 (16) "Responding state" means a state in [to] which a
1-14 proceeding is filed or to which a proceeding is forwarded for
1-15 filing from an initiating state under this chapter or a law or
1-16 procedure substantially similar to this chapter, the Uniform
1-17 Reciprocal Enforcement of Support Act, or the Revised Uniform
1-18 Reciprocal Enforcement of Support Act.
1-19 (19) "State" means a state of the United States, the
1-20 District of Columbia, [the Commonwealth of] Puerto Rico, the United
1-21 States Virgin Islands, or any territory or insular possession
1-22 subject to the jurisdiction of the United States. The term
1-23 includes:
2-1 (A) an Indian tribe; and
2-2 (B) a foreign jurisdiction that has enacted a
2-3 law or established procedures for issuance and enforcement of
2-4 support orders that are substantially similar to the procedures
2-5 under this chapter, the Uniform Reciprocal Enforcement of Support
2-6 Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
2-7 SECTION 2. Section 159.102, Family Code, is amended to read
2-8 as follows:
2-9 Sec. 159.102. TRIBUNAL OF [THIS] STATE. The court is the
2-10 tribunal of this state.
2-11 SECTION 3. Section 159.203, Family Code, is amended to read
2-12 as follows:
2-13 Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF [THIS]
2-14 STATE. Under this chapter, a tribunal of this state may serve as
2-15 an initiating tribunal to forward proceedings to another state and
2-16 as a responding tribunal for proceedings initiated in another
2-17 state.
2-18 SECTION 4. Subsection (a), Section 159.205, Family Code, is
2-19 amended to read as follows:
2-20 (a) A tribunal of this state issuing a support order
2-21 consistent with the law of this state has continuing, exclusive
2-22 jurisdiction over a child support order:
2-23 (1) as long as this state remains the residence of the
2-24 obligor, the individual obligee, or the child for whose benefit the
2-25 support order is issued; or
3-1 (2) until all of the parties who are individuals have
3-2 [each individual party has] filed written consents [consent] with
3-3 the tribunal of this state for a tribunal of another state to
3-4 modify the order and assume continuing, exclusive jurisdiction.
3-5 SECTION 5. Section 159.207, Family Code, is amended to read
3-6 as follows:
3-7 Sec. 159.207. RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER
3-8 [ORDERS]. (a) If a proceeding is brought under this chapter and
3-9 [one or more child support orders have been issued in this or
3-10 another state with regard to an obligor and a child, a tribunal of
3-11 this state shall apply the following rules in determining which
3-12 order to recognize for purposes of continuing, exclusive
3-13 jurisdiction:]
3-14 [(1) if] only one tribunal has issued a child support
3-15 order, the order of that tribunal controls and must be so
3-16 recognized.
3-17 (b) If a proceeding is brought under this chapter and two or
3-18 more child support orders have been issued by tribunals of this
3-19 state or another state with regard to the same obligor and child, a
3-20 tribunal of this state shall apply the following rules in
3-21 determining which order to recognize for purposes of continuing,
3-22 exclusive jurisdiction:
3-23 (1) [; (2)] if [two or more tribunals have issued
3-24 child support orders for the same obligor and child and] only one
3-25 of the tribunals would have continuing, exclusive jurisdiction
4-1 under this chapter, the order of that tribunal controls and must be
4-2 so recognized;
4-3 (2) [(3)] if [two or more tribunals have issued child
4-4 support orders for the same obligor and child and] more than one of
4-5 the tribunals would have continuing, exclusive jurisdiction under
4-6 this chapter, an order issued by a tribunal in the current home
4-7 state of the child controls and must be so recognized, but if an
4-8 order has not been issued in the current home state of the child,
4-9 the order most recently issued controls and must be so recognized;
4-10 and
4-11 (3) [(4)] if [two or more tribunals have issued child
4-12 support orders for the same obligor and child and] none of the
4-13 tribunals would have continuing, exclusive jurisdiction under this
4-14 chapter, the tribunal of this state having jurisdiction over the
4-15 parties shall [may] issue a child support order that controls and
4-16 must be so recognized.
4-17 (c) If two or more child support orders have been issued for
4-18 the same obligor and child and if the obligor or the individual
4-19 obligee resides in this state, a party may request a tribunal of
4-20 this state to determine which order controls and must be so
4-21 recognized under Subsection (b). The request must be accompanied
4-22 by a certified copy of every support order in effect. The
4-23 requesting party shall give notice of the request to each party
4-24 whose rights may be affected by the determination.
4-25 (d) [(b)] The tribunal that issued the controlling [issues
5-1 an] order [recognized] under Subsection (a), (b), or (c) is the
5-2 tribunal that has continuing, exclusive jurisdiction under Section
5-3 159.205.
5-4 (e) A tribunal of this state that determines by order the
5-5 identity of the controlling order under Subsection (b)(1) or (2) or
5-6 that issues a new controlling order under Subsection (b)(3) shall
5-7 state in that order the basis upon which the tribunal made its
5-8 determination.
5-9 (f) Within 30 days after issuance of an order determining
5-10 the identity of the controlling order, the party obtaining the
5-11 order shall file a certified copy of it with each tribunal that
5-12 issued or registered an earlier order of child support. A party
5-13 who obtains the order and fails to file a certified copy is subject
5-14 to appropriate sanctions by a tribunal in which the issue of
5-15 failure to file arises. The failure to file does not affect the
5-16 validity or enforceability of the controlling order.
5-17 SECTION 6. Section 159.301, Family Code, is amended to read
5-18 as follows:
5-19 Sec. 159.301. PROCEEDINGS UNDER [THIS] CHAPTER. (a) Except
5-20 as otherwise provided in this chapter, this subchapter applies to
5-21 all proceedings under this chapter.
5-22 (b) This chapter provides for the following proceedings:
5-23 (1) establishment of an order for spousal support or
5-24 child support pursuant to [under] Section 159.401;
5-25 (2) enforcement of a support order and
6-1 income-withholding order of another state without registration
6-2 pursuant to Sections 159.501 through 159.507 [under Subchapter F];
6-3 (3) registration of an order for spousal support or
6-4 child support of another state for enforcement pursuant to Sections
6-5 159.601 through 159.608 [under Subchapter G];
6-6 (4) modification of an order for child support or
6-7 spousal support issued by a tribunal of this state pursuant to
6-8 [under] Sections 159.203 through [-] 159.205;
6-9 (5) registration of an order for child support of
6-10 another state for modification pursuant to Sections 159.609 through
6-11 159.614 [under Subchapter G];
6-12 (6) determination of parentage pursuant to Section
6-13 159.701 [under Subchapter H]; and
6-14 (7) assertion of jurisdiction over nonresidents
6-15 pursuant to [under] Sections 159.201 and 159.202.
6-16 (c) An individual or a support enforcement agency may
6-17 commence a proceeding authorized under this chapter by filing a
6-18 petition in an initiating tribunal for forwarding to a responding
6-19 tribunal or by filing a petition or a comparable pleading directly
6-20 in a tribunal of another state that has or that can obtain personal
6-21 jurisdiction over the respondent.
6-22 SECTION 7. Section 159.303, Family Code, is amended to read
6-23 as follows:
6-24 Sec. 159.303. APPLICATION OF LAW OF [THIS] STATE. Except as
6-25 otherwise provided in this chapter, a responding tribunal of this
7-1 state shall:
7-2 (1) apply the procedural and substantive law,
7-3 including the rules on choice of law, generally applicable to
7-4 similar proceedings originating in this state and may exercise all
7-5 powers and provide all remedies available in those proceedings; and
7-6 (2) determine the duty of support and the amount
7-7 payable in accordance with the law and support guidelines of this
7-8 state.
7-9 SECTION 8. Section 159.304, Family Code, is amended to read
7-10 as follows:
7-11 Sec. 159.304. DUTIES OF INITIATING TRIBUNAL. (a) On the
7-12 filing of a petition authorized by this chapter, an initiating
7-13 tribunal of this state shall forward three copies of the petition
7-14 and its accompanying documents:
7-15 (1) to the responding tribunal or appropriate support
7-16 enforcement agency in the responding state; or
7-17 (2) if the identity of the responding tribunal is
7-18 unknown, to the state information agency of the responding state
7-19 with a request that they be forwarded to the appropriate tribunal
7-20 and that receipt be acknowledged.
7-21 (b) If a responding state has not enacted the Uniform
7-22 Interstate Family Support Act or a law or procedure substantially
7-23 similar to that Act, a tribunal of this state may issue a
7-24 certificate or other document and make findings required by the law
7-25 of the responding state. If the responding state is a foreign
8-1 jurisdiction, the tribunal may specify the amount of support sought
8-2 and provide other documents necessary to satisfy the requirements
8-3 of the responding state.
8-4 SECTION 9. Subsections (a), (b), and (e), Section 159.305,
8-5 Family Code, are amended to read as follows:
8-6 (a) When a responding tribunal of this state receives a
8-7 petition or comparable pleading from an initiating tribunal or
8-8 directly under Section 159.301(c), the responding tribunal shall
8-9 cause the petition or pleading to be filed and notify the
8-10 petitioner [by first class mail] where and when it was filed.
8-11 (b) A responding tribunal of this state, to the extent
8-12 otherwise authorized by law, may do one or more of the following:
8-13 (1) issue or enforce a support order, modify a child
8-14 support order, or render a judgment to determine parentage;
8-15 (2) order an obligor to comply with a support order
8-16 and specify the amount and the manner of compliance;
8-17 (3) order income withholding;
8-18 (4) determine the amount of any arrearages and specify
8-19 a method of payment;
8-20 (5) enforce orders by civil or criminal contempt, or
8-21 both;
8-22 (6) set aside property for satisfaction of the support
8-23 order;
8-24 (7) place liens and order execution on the obligor's
8-25 property[, provided, however, a lien under this subdivision may not
9-1 arise or attach to real property until recorded in the real
9-2 property records of the county where the real property of the
9-3 obligor is located and shall be subordinate to the rights of prior
9-4 bona fide purchasers and lienholders on the real property];
9-5 (8) order an obligor to keep the tribunal informed of
9-6 the obligor's current residential address, telephone number,
9-7 employer, address of employment, and telephone number at the place
9-8 of employment;
9-9 (9) issue a bench warrant or capias for an obligor who
9-10 has failed after proper notice to appear at a hearing ordered by
9-11 the tribunal and enter the bench warrant or capias in any local and
9-12 state computer systems for criminal warrants;
9-13 (10) order the obligor to seek appropriate employment
9-14 by specified methods;
9-15 (11) award reasonable attorney's fees and other fees
9-16 and costs; and
9-17 (12) grant any other available remedy.
9-18 (e) If a responding tribunal of this state issues an order
9-19 under this chapter, the tribunal shall send a copy of the order [by
9-20 first class mail] to the petitioner and the respondent and to the
9-21 initiating tribunal, if any.
9-22 SECTION 10. Section 159.306, Family Code, is amended to read
9-23 as follows:
9-24 Sec. 159.306. INAPPROPRIATE TRIBUNAL. If a petition or
9-25 comparable pleading is received by an inappropriate tribunal of
10-1 this state, that tribunal shall forward the pleading and
10-2 accompanying documents to an appropriate tribunal in this state or
10-3 another state and notify the petitioner [by first class mail] where
10-4 and when the pleading was sent.
10-5 SECTION 11. Subsection (b), Section 159.307, Family Code, is
10-6 amended to read as follows:
10-7 (b) A support enforcement agency that provides services to
10-8 the petitioner as appropriate shall:
10-9 (1) take all steps necessary to enable an appropriate
10-10 tribunal in this state or another state to obtain jurisdiction over
10-11 the respondent;
10-12 (2) request an appropriate tribunal to set a date,
10-13 time, and place for a hearing;
10-14 (3) make a reasonable effort to obtain all relevant
10-15 information, including information as to income and property of the
10-16 parties;
10-17 (4) not later than the second day, excluding
10-18 Saturdays, Sundays, and legal holidays, after the date of receipt
10-19 of a written notice from an initiating, responding, or registering
10-20 tribunal, send a copy of the notice [by first class mail] to the
10-21 petitioner;
10-22 (5) not later than the second day, excluding
10-23 Saturdays, Sundays, and legal holidays, after the date of receipt
10-24 of a written communication from the respondent or the respondent's
10-25 attorney, send a copy of the communication [by first class mail] to
11-1 the petitioner; and
11-2 (6) notify the petitioner if jurisdiction over the
11-3 respondent cannot be obtained.
11-4 SECTION 12. Subsections (a) and (c), Section 159.313, Family
11-5 Code, are amended to read as follows:
11-6 (a) The petitioner may not be required to pay [An initiating
11-7 court may require payment of either] a filing fee or other costs
11-8 [from the obligee and may request the responding court to collect
11-9 fees and costs from the obligor. The clerk of the responding court
11-10 may require payment of a filing fee or other costs from the
11-11 obligee].
11-12 (c) The tribunal shall order the payment of costs and
11-13 reasonable attorney's fees if it determines that a hearing was
11-14 requested primarily for delay. In a proceeding pursuant to
11-15 Sections 159.601 through 159.608 [under Subchapter G], a hearing is
11-16 presumed to have been requested primarily for delay if a registered
11-17 support order is confirmed or enforced without change.
11-18 SECTION 13. Subchapter F, Chapter 159, Family Code, is
11-19 amended to read as follows:
11-20 SUBCHAPTER F. [DIRECT] ENFORCEMENT OF ORDER OF
11-21 ANOTHER STATE WITHOUT REGISTRATION
11-22 Sec. 159.501. EMPLOYER'S RECEIPT [RECOGNITION] OF
11-23 INCOME-WITHHOLDING ORDER OF ANOTHER STATE. [(a)] An
11-24 income-withholding order issued in another state may be sent [by
11-25 first class mail] to the obligor's employer under Chapter 158
12-1 without first filing a petition or comparable pleading or
12-2 registering the order with a tribunal of this state.
12-3 Sec. 159.502. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING
12-4 ORDER OF ANOTHER STATE. (a) On receipt of an income-withholding
12-5 [the] order, the obligor's employer shall immediately provide a
12-6 copy of the order to the obligor.
12-7 (b) The employer shall[:]
12-8 [(1)] treat an income-withholding order issued in
12-9 another state that appears regular on its face as if the order had
12-10 been issued by a tribunal of this state.
12-11 (c) Except as otherwise provided in Subsection (d) and
12-12 Section 159.503, the employer shall withhold and[;]
12-13 [(2) immediately provide a copy of the order to the
12-14 obligor; and]
12-15 [(3)] distribute the funds as directed in the
12-16 withholding order by complying with terms of the order that
12-17 specify:
12-18 (1) the duration and amount of periodic payments of
12-19 current child support, stated as a sum certain;
12-20 (2) the person or agency designated to receive
12-21 payments and the address to which the payments are to be forwarded;
12-22 (3) medical support, whether in the form of periodic
12-23 cash payments, stated as a sum certain, or ordering the obligor to
12-24 provide health insurance coverage for the child under a policy
12-25 available through the obligor's employment;
13-1 (4) the amount of periodic payments of fees and costs
13-2 for a support enforcement agency, the issuing tribunal, and the
13-3 obligee's attorney, stated as sums certain; and
13-4 (5) the amount of periodic payments of arrearages and
13-5 interest on arrearages, stated as sums certain.
13-6 (d) An employer shall comply with the law of the state of
13-7 the obligor's principal place of employment for withholding from
13-8 income with respect to:
13-9 (1) the employer's fee for processing an
13-10 income-withholding order;
13-11 (2) the maximum amount permitted to be withheld from
13-12 the obligor's income; and
13-13 (3) the times within which the employer must implement
13-14 the withholding order and forward the child support payment.
13-15 Sec. 159.503. COMPLIANCE WITH MULTIPLE INCOME-WITHHOLDING
13-16 ORDERS. If an obligor's employer receives multiple
13-17 income-withholding orders with respect to the earnings of the same
13-18 obligor, the employer satisfies the terms of the multiple orders if
13-19 the employer complies with the law of the state of the obligor's
13-20 principal place of employment to establish the priorities for
13-21 withholding and allocating income withheld for multiple child
13-22 support obligees.
13-23 Sec. 159.504. IMMUNITY FROM CIVIL LIABILITY. An employer
13-24 who complies with an income-withholding order issued in another
13-25 state in accordance with this subchapter is not subject to civil
14-1 liability to an individual or agency with regard to the employer's
14-2 withholding of child support from the obligor's income.
14-3 Sec. 159.505. PENALTIES FOR NONCOMPLIANCE. An employer who
14-4 wilfully fails to comply with an income-withholding order issued by
14-5 another state and received for enforcement is subject to the same
14-6 penalties that may be imposed for noncompliance with an order
14-7 issued by a tribunal of this state.
14-8 Sec. 159.506. CONTEST BY OBLIGOR. (a) [(b)] An obligor may
14-9 contest the validity or enforcement of an income-withholding order
14-10 issued in another state and received directly by an employer in
14-11 this state in the same manner as if the order had been issued by a
14-12 tribunal of this state. Section 159.604 applies to the contest.
14-13 (b) The obligor shall give notice of the contest to:
14-14 (1) a [any] support enforcement agency providing
14-15 services to the obligee;
14-16 (2) each employer that has directly received an
14-17 income-withholding order; and [to:]
14-18 (3) [(1)] the person or agency designated to receive
14-19 payments in the income-withholding order[;] or to
14-20 [(2)] the obligee, if no person or agency is
14-21 designated.
14-22 Sec. 159.507 [Sec. 159.502]. ADMINISTRATIVE ENFORCEMENT OF
14-23 ORDERS. (a) A party seeking to enforce a support order or an
14-24 income-withholding order, or both, issued by a tribunal of another
14-25 state may send the documents required for registering the order to
15-1 a support enforcement agency of this state.
15-2 (b) On receipt of the documents, the support enforcement
15-3 agency, without initially seeking to register the order, shall
15-4 consider and, if appropriate, use any administrative procedure
15-5 authorized by the law of this state to enforce a support order or
15-6 an income-withholding order, or both. If the obligor does not
15-7 contest administrative enforcement, the order need not be
15-8 registered. If the obligor contests the validity or administrative
15-9 enforcement of the order, the support enforcement agency shall
15-10 register the order under this chapter.
15-11 SECTION 14. Subsection (a), Section 159.604, Family Code, is
15-12 amended to read as follows:
15-13 (a) The law of the issuing state governs the nature, extent,
15-14 amount, and duration of current payments and other obligations of
15-15 support and the payment of arrearages under the order [only if a
15-16 party provides the court having jurisdiction over an action in this
15-17 state a certified copy of the applicable law of the state.
15-18 Otherwise, the law of this state applies].
15-19 SECTION 15. Subsections (a) and (b), Section 159.605, Family
15-20 Code, are amended to read as follows:
15-21 (a) When a support order or income-withholding order issued
15-22 in another state is registered, the registering tribunal shall
15-23 notify the nonregistering party. [Notice must be given by first
15-24 class, certified, or registered mail or by any means of personal
15-25 service authorized by the law of this state.] The notice must be
16-1 accompanied by a copy of the registered order and the documents and
16-2 relevant information accompanying the order.
16-3 (b) The notice must inform the nonregistering party:
16-4 (1) that a registered order is enforceable as of the
16-5 date of registration in the same manner as an order issued by a
16-6 tribunal of this state;
16-7 (2) that a hearing to contest the validity or
16-8 enforcement of the registered order must be requested within 20
16-9 days [not later than the 20th day] after [the date the] notice [was
16-10 mailed or personally served];
16-11 (3) that failure to contest the validity or
16-12 enforcement of the registered order in a timely manner:
16-13 (A) will result in confirmation of the order and
16-14 enforcement of the order and the alleged arrearages; and
16-15 (B) precludes further contest of that order with
16-16 respect to any matter that could have been asserted; and
16-17 (4) of the amount of any alleged arrearages.
16-18 SECTION 16. Subsections (a) and (c), Section 159.606, Family
16-19 Code, are amended to read as follows:
16-20 (a) A nonregistering party seeking to contest the validity
16-21 or enforcement of a registered order in this state shall [must]
16-22 request a hearing within 20 days [not later than the 20th day]
16-23 after [the date the] notice of the registration [was mailed or
16-24 personally served]. The nonregistering party may seek under
16-25 Section 159.607 to:
17-1 (1) vacate the registration;
17-2 (2) assert any defense to an allegation of
17-3 noncompliance with the registered order; or
17-4 (3) contest the remedies being sought or the amount of
17-5 any alleged arrearages.
17-6 (c) If a nonregistering party requests a hearing to contest
17-7 the validity or enforcement of the registered order, the
17-8 registering tribunal shall schedule the matter for hearing and give
17-9 notice to the parties [by first class mail] of the date, time, and
17-10 place of the hearing.
17-11 SECTION 17. Subsections (a) and (c), Section 159.611, Family
17-12 Code, are amended to read as follows:
17-13 (a) After a child support order issued in another state has
17-14 been registered in this state, the responding tribunal of this
17-15 state may modify the order only if Section 159.613 does not apply
17-16 and[,] after notice and hearing[,] the tribunal finds that:
17-17 (1) the following requirements are met:
17-18 (A) the child, the individual obligee, and the
17-19 obligor do not reside in the issuing state;
17-20 (B) a petitioner who is a nonresident of this
17-21 state seeks modification; and
17-22 (C) the respondent is subject to the personal
17-23 jurisdiction of the tribunal of this state; or
17-24 (2) [an individual party or] the child, or a party who
17-25 is an individual, is subject to the personal jurisdiction of the
18-1 tribunal of this state and all of the [individual] parties who are
18-2 individuals have filed in the issuing tribunal [a] written
18-3 consents for [consent that provides that] a tribunal of this state
18-4 to [may] modify the support order and assume continuing, exclusive
18-5 jurisdiction over the order; however, for the purposes of this
18-6 subdivision, if the issuing state is a foreign jurisdiction that
18-7 has not enacted a law or established procedures substantially
18-8 similar to the procedures under this chapter, the consent otherwise
18-9 required of an individual residing in this state is not required
18-10 for the tribunal to assume jurisdiction to modify the child support
18-11 order.
18-12 (c) A tribunal of this state may not modify any aspect of a
18-13 child support order that may not be modified under the law of the
18-14 issuing state. If two or more tribunals have issued child support
18-15 orders for the same obligor and child, the order that controls and
18-16 must be so recognized under Section 159.207 establishes the aspects
18-17 of the support order that are nonmodifiable.
18-18 SECTION 18. Subchapter G, Chapter 159, Family Code, is
18-19 amended by adding Sections 159.613 and 159.614 to read as follows:
18-20 Sec. 159.613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
18-21 ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
18-22 (a) If all of the parties who are individuals reside in this state
18-23 and the child does not reside in the issuing state, a tribunal of
18-24 this state has jurisdiction to enforce and to modify the issuing
18-25 state's child support order in a proceeding to register that order.
19-1 (b) A tribunal of this state exercising jurisdiction under
19-2 this section shall apply the provisions of Sections 159.101 through
19-3 159.209 and 159.601 through 159.614 and the procedural and
19-4 substantive law of this state to the proceeding for enforcement or
19-5 modification. Sections 159.301 through 159.507 and 159.701 through
19-6 159.802 do not apply.
19-7 Sec. 159.614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
19-8 Within 30 days after issuance of a modified child support order,
19-9 the party obtaining the modification shall file a certified copy of
19-10 the order with the issuing tribunal that had continuing, exclusive
19-11 jurisdiction over the earlier order and in each tribunal in which
19-12 the party knows the earlier order has been registered. A party who
19-13 obtains the order and fails to file a certified copy is subject to
19-14 appropriate sanctions by a tribunal in which the issue of failure
19-15 to file arises. The failure to file does not affect the validity
19-16 or enforceability of the modified order of the new tribunal having
19-17 continuing, exclusive jurisdiction.
19-18 SECTION 19. This Act takes effect September 1, 1997, and
19-19 applies only to an order, decree, or judgment entered on or after
19-20 that date.
19-21 SECTION 20. The importance of this legislation and the
19-22 crowded condition of the calendars in both houses create an
19-23 emergency and an imperative public necessity that the
19-24 constitutional rule requiring bills to be read on three several
19-25 days in each house be suspended, and this rule is hereby suspended.