By Wilson                                             H.B. No. 2092
         76R6288 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain requirements pertaining to the receipt of child
 1-3     support.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 154, Family Code, is
 1-6     amended by adding Section 154.012 to read as follows:
 1-7           Sec. 154.012.  ITEMIZATION OF CHILD SUPPORT EXPENDITURES BY
 1-8     CERTAIN OBLIGEES.  (a)  This section applies only to an obligee to
 1-9     whom an obligor owes a monthly child support obligation of not less
1-10     than $500 for each child.
1-11           (b)  An obligee subject to this section shall submit to the
1-12     obligor an itemization of the expenditures of all child support
1-13     payments in excess of $500 as provided by this section.
1-14           (c)  An itemization of expenditures must state:
1-15                 (1)  the date each expenditure was made;
1-16                 (2)  the purpose of each expenditure; and
1-17                 (3)  the child for whom each expenditure was made if
1-18     the obligee receives child support for more than one child.
1-19           (d)  An itemization of expenditures must contain a receipt or
1-20     other verification sufficient to show that each expenditure was in
1-21     fact made.
1-22           (e)  An obligee must submit an itemization of expenditures
1-23     for an interval of time that is the same as the interval of time
1-24     that a court has ordered the obligor to make periodic child support
 2-1     payments.  The itemization must be submitted before the 31st day
 2-2     after the last day of each interval.
 2-3           (f)  An obligor may bring an action under this section only
 2-4     in the court of continuing jurisdiction.  If the court finds that
 2-5     child support payments made by the obligor have been spent
 2-6     improperly by the obligee, the court may enter an appropriate order
 2-7     under this chapter.
 2-8           (g)  An obligee who does not submit an itemization of
 2-9     expenditures to the obligor as provided by this section or who
2-10     submits an incomplete itemization is liable to the obligor for an
2-11     amount equal to the difference between the amount paid by the
2-12     obligor for the interval of time for which an itemization is
2-13     required and the amount of any itemized expenditures that the court
2-14     finds has been properly spent by the obligee.  If the obligee does
2-15     not itemize any expenditures, the obligee is liable to the obligor
2-16     for the entire amount paid by the obligor for the interval of time
2-17     for which an itemization is required.
2-18           (h)  This section does not apply to a lump-sum payment of
2-19     child support.
2-20           SECTION 2.  Subchapter A, Chapter 154, Family Code, is
2-21     amended by adding Section 154.013 to read as follows:
2-22           Sec. 154.013.  PLACEMENT OF CERTAIN CHILD SUPPORT PAYMENTS IN
2-23     TRUST.  (a)  This section applies only to an obligor who is
2-24     required to pay a monthly child support obligation that exceeds
2-25     $800 for each child.
2-26           (b)  An obligor subject to this section shall pay $800 each
2-27     month for each child for whom the obligor is required to pay
 3-1     support in the manner provided by the child support order.
 3-2           (c)  An obligor subject to this section shall pay the amount
 3-3     of the obligor's monthly child support obligation that exceeds $800
 3-4     for each child into a trust established for the child.  A trust
 3-5     established as provided by this subsection is for the benefit of
 3-6     the child and the child may receive the proceeds of the trust after
 3-7     the child's 18th birthday in the manner provided by the terms of
 3-8     the trust.
 3-9           (d)  A court that enters a child support order under which an
3-10     obligor is required to make a monthly child support payment for a
3-11     child that exceeds $800 shall include in the order the requirement
3-12     that a trust be established as provided by this section and any
3-13     other terms for the trust the court determines to be in the best
3-14     interests of the child.
3-15           SECTION 3.  (a)  This Act takes effect September 1, 1999.
3-16           (b)  The change in law made by this Act relating to the
3-17     itemization of certain child support payments applies only to a
3-18     child support payment made on or after the effective date of this
3-19     Act.
3-20           (c)  The change in law made by this Act relating to the
3-21     establishment of a trust from certain child support payments
3-22     applies only to a payment made under a child support order that is
3-23     entered or modified on or after the effective date of this Act.
3-24           (d)  The change in law made by this Act is not sufficient by
3-25     itself to constitute a material and substantial change in the
3-26     circumstances of a child for whose benefit a child support order
3-27     has been entered to warrant modification of the order under Chapter
 4-1     156, Family Code.
 4-2           SECTION 4.  The importance of this legislation and the
 4-3     crowded condition of the calendars in both houses create an
 4-4     emergency and an imperative public necessity that the
 4-5     constitutional rule requiring bills to be read on three several
 4-6     days in each house be suspended, and this rule is hereby suspended.