HBA-LCA H.B. 3248 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3248 By: Allen Juvenile Justice & Family Issues 3/28/1999 Introduced BACKGROUND AND PURPOSE Currently, enforcement of child support obligations requires proceeding through the criminal justice system. To provide a more immediate method of enforcement, H.B. 3248 allows a law enforcement officer, upon the filing of a notarized statement by a Title IV-D Agency or appointed conservator, to place a restraining device on the wheel of a car owned by the person in arrearage until the person tenders payment. 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 Chapter 157, Family Code, by adding Section 157.009, Family Code, as follows: Sec. 157.009. DISTRAINT OF AN AUTOMOBILE OWNED BY A PERSON DETERMINED TO BE IN ARREARS. (a) Provides that a Title IV-D agency or an appointed managing conservator or joint managing conservator (conservator) of a child who is unable to provide for the child because of the failure to support by the child's other parent may file a notarized statement on behalf of the child in the justice court of the precinct in which the conservator resides. (b) Requires a constable, upon the filing of a notarized statement under Subsection (a), to locate any automobile owned by the person in arrears (person), to place a restraining device (boot) on its wheel, and to notify the person subject to distraint notice of its distraint. Requires that the notice be mailed first class, return receipt requested, to the person's last known address. (c) Requires the sheriff, after boot placement, to assume possession of the automobile until the person in arrearage tenders payment of child support in a designated place of payment in an amount of support due for a thirty-day person. Requires the sheriff, upon presentment of proof of the payment, to release the automobile to the person. SECTION 2. CIVIL CAUSES OF ACTION. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.