HBA-DMD H.B. 145 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 145 By: Thompson Juvenile Justice and Family Issues 6/28/1999 Enrolled BACKGROUND AND PURPOSE Prior to 1995, child support was the only type of family support that could be ordered in Texas, leaving child support the only type of family support for which wages can be garnished. In 1995, the welfare reform bill included a provision for limited spousal maintenance, however, spousal maintenance has been hard to enforce without a garnishment provision similar to that of child support. H.B. 145 authorizes a court to enforce an order for spousal maintenance by ordering garnishment of the wages of the person ordered to pay the maintenance. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 8.002, Family Code, as follows: Sec. 8.002. New Title: 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 other means available under Section 8.009 (Enforcement of Maintenance Order), Family Code. Adds "Court Order" to existing title. Creates Subsection (a) from existing text. SECTION 2. Effective date: September 1, 1999. Provides that this Act takes effect on that date only if the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, which allows garnishment of wages for spousal support takes effect. SECTION 3. Emergency clause.