SRC-JJJ S.B. 547 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 547
76R5537 KLA-DBy: Harris
Jurisprudence
2/18/1999
As Filed


DIGEST 

Currently, claims against a decedent's estate are placed in an order of
priority to determine how claims are paid, in case the estate has
insufficient funds to pay all of the claims.  Court-ordered child support
and arrearages reduced to judgment are in the lowest level, or Class 7.
This classification means that child support obligations are often not paid
or are only paid in the same proportion as credit card debts, which fails
to recognize the effect on child poverty and court-ordered obligations.
This bill would raise child support obligations to a Class 4, following
secured claims. 

PURPOSE

As proposed, S.B. 547 raises the priority of certain child support claims
in the classification of claims against the estate of a decedent. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 322, Texas Probate Code, to require that claims
against an estate of a decedent be classified and have a priority of
payment.  Establishes Class 4 as claims for certain child support
obligations that have been confirmed and reduced to money judgement, as
determined under Chapter 157F, Family Code.  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.