SRC-JBJ C.S.S.B. 686 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 686
 By: Brown
Jurisprudence
3/30/1999
Committee Report (Substituted)


DIGEST 

Currently, a child support lien may be filed with the county clerk for past
due child support.  The clerk may not charge a filing fee to the attorney
general's office, a domestic relations office, or a friend of the court.
But other individuals filing the lien are charged.  C.S.S.B. 686 would
amend Section 157.315(b), Family Code, to prohibit any individual from
being required to pay a fee for recording a notice of lien or for releasing
the lien. 

PURPOSE

As proposed, C.S.S.B. 686 prohibits certain individuals from being required
to pay a fee in order to file a lien in a child support matter. 

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 157.315, Family Code, by amending Subsection (b)
and adding Subsection (c), to prohibit a county clerk from charging any
party a fee for recording the notice of a lien. Requires the lien notice to
be styled "Notice of Child Support Lien" to qualify for the exemption.
Prohibits the county from charging certain persons a fee for recording the
release of a lien.  Deletes a requirement that the county shall collect
fees from the obligor filing the release. Makes conforming and
nonsubstantive changes. 

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

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 157.315, Family Code, by amending Subsection (b) and (adding
Subsection (c), to delete a provision requiring the lien release to be
styled "Release of Child Support Lien." Prohibits the county from charging
certain persons a fee for recording the release of a lien. Deletes a
requirement that the county shall collect fees from the obligor filing the
release.