SRC-ARR C.S.H.B. 1322 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1322
76R2017 CMR-DBy: King, Phil (Brown)
Jurisprudence
5/13/1999
Committee Report (Substituted)


DIGEST 

Current law prohibits county clerks from charging a fee to the Office of
the Attorney General child support division, a domestic relations office,
or a friend of the court for recording the notice of a child support lien
or for release of the lien, but the clerks may charge the fee to attorneys
who file child support liens. C.S.H.B. 1322 exempts any other party from
the fee, including attorneys, and clarifies the style of the lien notice
and release.  

PURPOSE

As proposed, C.S.H.B. 1322 sets forth requirements for a child support
lien.  

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 157.315(b), Family Code, by amending Subsection
(b) and adding Subsection (c), to prohibit the county clerk from charging
any other party a fee for recording the notice of a child support lien
(lien). Require the lien notice to be styled "Notice of Child Support
Lien," to qualify of this exemption. Prohibits the county clerk from
charging the Title IV-D agency, a domestic relations office, or a friend of
the court a fee for recording the release of a lien. Requires the lien to
be styled "Release of Child Support Lien." Deletes text requiring the
county clerk to collect certain fees.  

SECTION 2. Effective date: September 1, 1999.
                      Makes application of this Act prospective.

SECTION 3. Emergency clause.