By Uresti                                             H.B. No. 2594
         76R7939 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the collection of child support payments made after
 1-3     termination of the child support order.
 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.  SUPPORT PAID AFTER TERMINATION OF SUPPORT
 1-8     ORDER.  (a)  If the obligor is not in arrears, an obligee shall
 1-9     return to an obligor a child support payment made by the obligor
1-10     after the date the child support order has terminated.
1-11           (b)  An obligor may file a suit to recover a child support
1-12     payment under Subsection (a).  If the court finds that the obligee
1-13     failed to return a child support payment under Subsection (a), the
1-14     court shall order the obligee to pay to the obligor attorney's fees
1-15     and all court costs in addition to the amount of support paid after
1-16     the date the child support order terminated.
1-17           SECTION 2.  This Act takes effect September 1, 1999, and
1-18     applies to a child support payment made on or after that date.  A
1-19     child  support payment made before the effective date of this Act
1-20     is governed by the law in effect on  the date the payment was made,
1-21     and the former law is continued in effect for that purpose.
1-22           SECTION 3.  The importance of this legislation and the
1-23     crowded condition of the calendars in both houses create an
1-24     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended.