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.