By Thompson, Hill H.B. No. 145
76R1292 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to garnishment of wages for the enforcement of
1-3 court-ordered spousal maintenance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8.002, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 8.002. ELIGIBILITY FOR MAINTENANCE; COURT ORDER. (a)
1-8 In a suit for dissolution of a marriage or in a proceeding for
1-9 maintenance in a court with personal jurisdiction over both former
1-10 spouses following the dissolution of their marriage by a court that
1-11 lacked personal jurisdiction over an absent spouse, the court may
1-12 order maintenance for either spouse only if:
1-13 (1) the spouse from whom maintenance is requested was
1-14 convicted of or received deferred adjudication for a criminal
1-15 offense that also constitutes an act of family violence under
1-16 Chapter 71 and the offense occurred:
1-17 (A) within two years before the date on which a
1-18 suit for dissolution of the marriage is filed; or
1-19 (B) while the suit is pending; or
1-20 (2) the duration of the marriage was 10 years or
1-21 longer, the spouse seeking maintenance lacks sufficient property,
1-22 including property distributed to the spouse under this code, to
1-23 provide for the spouse's minimum reasonable needs, as limited by
1-24 Section 8.005, and the spouse seeking maintenance:
2-1 (A) is unable to support himself or herself
2-2 through appropriate employment because of an incapacitating
2-3 physical or mental disability;
2-4 (B) is the custodian of a child who requires
2-5 substantial care and personal supervision because a physical or
2-6 mental disability makes it necessary, taking into consideration the
2-7 needs of the child, that the spouse not be employed outside the
2-8 home; or
2-9 (C) clearly lacks earning ability in the labor
2-10 market adequate to provide support for the spouse's minimum
2-11 reasonable needs, as limited by Section 8.005.
2-12 (b) A court may enforce an order for spousal maintenance
2-13 under this section by ordering garnishment of the wages of the
2-14 person ordered to pay the maintenance or by any other means
2-15 available under Section 8.009.
2-16 SECTION 2. This Act takes effect September 1, 1999.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.