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.