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                                  * * * * *