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.