1-1 By: Uresti (Senate Sponsor - Madla) H.B. No. 2594 1-2 (In the Senate - Received from the House May 3, 1999; 1-3 May 3, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 11, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the collection of child support payments made after 1-9 termination of the child support order. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter A, Chapter 154, Family Code, is 1-12 amended by adding Section 154.012 to read as follows: 1-13 Sec. 154.012. SUPPORT PAID AFTER TERMINATION OF SUPPORT 1-14 ORDER. (a) If the obligor is not in arrears, an obligee shall 1-15 return to an obligor a child support payment made by the obligor 1-16 after the date the child support order has terminated. 1-17 (b) An obligor may file a suit to recover a child support 1-18 payment under Subsection (a). If the court finds that the obligee 1-19 failed to return a child support payment under Subsection (a), the 1-20 court shall order the obligee to pay to the obligor attorney's fees 1-21 and all court costs in addition to the amount of support paid after 1-22 the date the child support order terminated. For good cause shown, 1-23 the court may waive the requirement that the obligee pay attorney's 1-24 fees and costs if the court states the reasons supporting that 1-25 finding. 1-26 SECTION 2. This Act takes effect September 1, 1999, and 1-27 applies to a child support payment made on or after that date. A 1-28 child support payment made before the effective date of this Act 1-29 is governed by the law in effect on the date the payment was made, 1-30 and the former law is continued in effect for that purpose. 1-31 SECTION 3. The importance of this legislation and the 1-32 crowded condition of the calendars in both houses create an 1-33 emergency and an imperative public necessity that the 1-34 constitutional rule requiring bills to be read on three several 1-35 days in each house be suspended, and this rule is hereby suspended. 1-36 * * * * *