HBA-SEB H.B. 1427 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1427 By: Staples Juvenile Justice and Family Issues 4/15/1999 Introduced BACKGROUND AND PURPOSE Currently, a person may file a motion to receive unpaid child support until four years after the child becomes an adult or four years after the child support obligation terminates, but there is no limitation while the child is still a minor. Many banks and other financial institutions, however, do not store records for more than five years. A statute of limitations imposed on such a suit may ensure that accurate records are available to track child support payments. H.B. 1427 provides that a motion to enforce child support must be filed before the fifth anniversary of the due date for the last unpaid court-ordered child support obligation. 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 Subchapter A, Chapter 157, Family Code, by adding Section 157.0055, as follows: Sec. 157.0055. LIMITATIONS PERIOD FOR FILING MOTION TO ENFORCE CHILD SUPPORT. Provides that a motion to enforce child support must be filed not later than the fifth anniversary of the due date for the last unpaid court-ordered child support obligation. SECTION 2. Amends Section 157.005(b), Family Code, to establish that the court retains jurisdiction to confirm the total amount of child support arrearages and render judgment for past-due child support if a motion for enforcement requesting a money judgment is filed not later than the fifth, rather than the fourth, anniversary after the date the child becomes an adult or on which the child support obligation terminates under the order or by operation of law. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.