SRC-JBJ S.B. 581 76(R)BILL ANALYSIS


Senate Research CenterS.B. 581
By: Harris
Jurisprudence
3/22/1999
Committee Report (Amended)


DIGEST 

Currently, an employer in Texas must withhold certain wages for child
support and forward the wages to the Attorney General's Office (known as
the state's Title IV-D agency) or a county-level domestic relations office.
Some ambiguity, however, exists in the regulations governing child support
wage collection.   It is unclear, for example, whether the employer must
forward wages on the actual pay date, rather than days or weeks later;
whether the withholdings must be accompanied with the social security
numbers of the payor and the payee; or whether an employer is subject to an
interest penalty for not complying with the withholding order.  S.B. 581
requires employers to make certain changes regarding the retention and
distribution of an employee's earnings for child support. 

PURPOSE

As proposed, S.B. 581 requires employers to make certain changes regarding
an employee's earnings for child support. 

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 158.203(b), Family Code, to require the
employer, to include with each payment transmitted, the payor's name and
social security number and the payee's name and, if available, social
security number.  Makes conforming changes. 

SECTION 2.  Amends Section 158.206(b), Family Code, to provide that an
employer, who does not comply with an order or writ of withholding, is
liable to the obligor for the amounts withheld, not paid, and certain
accrued interest.  Makes conforming changes.   

SECTION 3.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Deletes existing SECTION 1 and revisions to Section 158.103, Family Code

 Redesignates SECTION 2-5 as SECTION 1-4.