By Goodman H.B. No. 2438
76R1743 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of restitution for the offense of criminal
1-3 nonsupport of a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 42.037, Code of Criminal Procedure, is
1-6 amended by amending Subsection (g)(4) and adding Subsection (n) to
1-7 read as follows:
1-8 (4) Except as provided by Subsection (n), the [The]
1-9 order of restitution must require the defendant to make restitution
1-10 directly to the victim or other person eligible for restitution
1-11 under this article or to deliver the amount or property due as
1-12 restitution to a community supervision and corrections department
1-13 for transfer to the victim or person.
1-14 (n) If a defendant is convicted of an offense under Section
1-15 25.05, Penal Code, for failing to provide support for the
1-16 defendant's child in violation of a court order requiring the
1-17 defendant to pay child support and if the court order required the
1-18 defendant to pay the support through a local registry or the Title
1-19 IV-D agency, the order of restitution must require the defendant to
1-20 make restitution directly to the local registry or Title IV-D
1-21 agency designated as the place of payment in the child support
1-22 order.
1-23 SECTION 2. The change in law made by this Act applies only
1-24 to an order of restitution issued on or after the effective date of
2-1 this Act.
2-2 SECTION 3. This Act takes effect September 1, 1999.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.