HBA-SEB S.B. 160 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 160
By: Carona
Juvenile Justice and Family Issues
4/7/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law establishes that the release of a child support obligor from
incarceration does not constitute a material and substantial change of
circumstances sufficient to warrant the modification of the child support
order.  S.B. 160 provides that the release of a child support obligor from
incarceration is a material and substantial change of circumstances if the
obligor's child support obligation was abated, reduced, or suspended during
the period of the obligor's incarceration. 

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 Section 156.401, Family Code, by adding Subsection (d),
as follows: 

(d)  Provides that the release of a child support obligor from
incarceration is a material and substantial change of circumstances for the
purposes of Subsection (a)(1) if the obligor's child support obligation was
abated, reduced, or suspended during the period of the obligor's
incarceration.  Subsection (a)(1) authorizes a court to modify a child
support order due to a material and substantial change of circumstances of
the child or a person affected by the order. 

SECTION 2.  Effective date:  September 1, 1999.  Establishes that this Act
applies to a child support order entered before, on, or after that date. 

SECTION 3.  Emergency clause.