HBA-SEB H.B. 2594 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2594 By: Uresti Juvenile Justice and Family Issues 6/28/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, Texas law provided a mechanism to collect unpaid child support. The law, however, did not provide a cost effective mechanism for an obligor to collect overpaid child support. H.B. 2594 requires an obligee to return a child support payment to an obligor if the payment is made after the child support order has terminated. It also authorizes the obligor to file a suit to collect the payment in the event that the obligee does not return it. 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 154, Family Code, by adding Section 154.012, as follows: Sec. 154.012. SUPPORT PAID AFTER TERMINATION OF SUPPORT ORDER. (a) Requires an obligee to return to an obligor a child support payment made by the obligor after the date the child support order has terminated if the obligor is not in arrears. (b) Authorizes an obligor to file a suit to recover an excess child support payment. Requires the court to order an obligee to pay to the obligor attorney's fees and all court costs in addition to the amount of support paid after the date the child support order terminated of the court finds that the obligee failed to return the payment. Authorizes a court, for good cause shown, to waive the requirement that an obligee pay attorney's fees and costs if the court states the reasons supporting the finding that the obligee failed to return a payment. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.