SRC-JBJ H.B. 145 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 145
By: Thompson (Harris)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, child support is the only type of family support for which wages
may be garnished.  In 1995, a welfare reform bill included a provision that
required spousal maintenance.  However, it is difficult to enforce spousal
maintenance without a garnishment provision similar to that of child
support.  H.B. 145 would authorize a court to enforce an order for spousal
maintenance by ordering garnishment of the wages of the person ordered to
pay the maintenance.  

PURPOSE

As proposed, H.B. 145 authorizes a court to enforce an order for spousal
maintenance by garnishing the wages of the person who must pay the
maintenance. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8.002, Family Code, as follows:

Sec. 8.002.  New heading:  ELIGIBILITY FOR MAINTENANCE; COURT ORDER.
Authorizes a court to enforce an order for spousal maintenance by ordering
garnishment of the wages of the person ordered to pay the maintenance or by
any other means available under Section 8.009. 

SECTION 2.  Effective date: September 1, 1999, but only if the
constitutional amendment proposed by the 76h Legislature, Regular Session
1999, allowing garnishment of wages for spousal support, takes effect;
otherwise this Act has no effect. 

SECTION 3.Emergency clause.