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.