By Allen                                              H.B. No. 3248
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to distraint of an automobile owned by a person adjudged
 1-3     in arrears in child support obligations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 157 is amended by adding Section 157.009,
 1-6     Family Code, to read as follows:
 1-7           Sec. 157.009.  DISTRAINT OF AN AUTOMOBILE OWNED BY A PERSON
 1-8     DETERMINED TO BE IN ARREARS.  (a)  In addition to all other
 1-9     remedies provided by this chapter, if a managing conservator or
1-10     joint managing conservator who has been appointed as the managing
1-11     conservator or joint managing conservator of the child is unable to
1-12     provide for the child because of the failure to support by the
1-13     child's other parent, a notarized statement may be filed by the
1-14     managing conservator or joint managing conservator on behalf of the
1-15     child or by the Title IV-D agency on behalf of the child in the
1-16     justice court of the precinct in which the managing conservator or
1-17     joint managing conservator resides.
1-18           (b)  Upon the filing of a notarized statement, the constable
1-19     shall:
1-20                 (1)  locate any automobile owned by the person in
1-21     arrears and place a restraining device, commonly referred to "a
 2-1     boot", on a wheel of the automobile; and
 2-2                 (2)  mail to the person whose automobile is subject to
 2-3     distraint notice of the distraint of the automobile.  The notice
 2-4     shall be mailed to the person's last known address by first class
 2-5     mail, return receipt requested.
 2-6           (c)  After a restraining device has been placed on a wheel of
 2-7     the automobile, the sheriff shall assume possession of the
 2-8     automobile until the person whose property is subject to the
 2-9     distraint tenders payment of child support to the registry
2-10     designated as the place of payment in the child support order in an
2-11     amount equal to the amount of support due for a thirty-day period.
2-12     When the person presents to the sheriff proof of payment, the
2-13     sheriff shall release the automobile to the person.
2-14           SECTION 2.  CIVIL CAUSES OF ACTION.  The changes in law made
2-15     by this Act apply only to an arrearage that is in existence on or
2-16     after the effective date of this article.  An arrearage that is in
2-17     existence before the effective date of this article is governed by
2-18     the law in effect on the date the arrearage came into existence,
2-19     and that law is continued in effect for this purpose.
2-20           SECTION 3.  EFFECTIVE DATE.  This Act takes effect on
2-21     September 1, 1999.
2-22           SECTION 4.  EMERGENCY.  The importance of this legislation
2-23     and the crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended.