AN ACT
 1-1     relating to the payment or transfer of certain restitution or other
 1-2     money to a local registry or the Title IV-D agency.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 2, Code of Criminal Procedure, is amended
 1-5     by adding Article 2.025 to read as follows:
 1-6           Art. 2.025.  SPECIAL DUTY OF DISTRICT OR COUNTY ATTORNEY
 1-7     RELATING TO CHILD SUPPORT.  If a district or county attorney
 1-8     receives money from a person who is required by a court order to
 1-9     pay child support through a local registry or the Title IV-D agency
1-10     and the money is presented to the attorney as payment for the
1-11     court-ordered child support, the attorney shall transfer the money
1-12     to the local registry or Title IV-D agency designated as the place
1-13     of payment in the child support order.
1-14           SECTION 2.  Subdivision (4), Subsection (g), Article 42.037,
1-15     Code of Criminal Procedure, is amended to read as follows:
1-16                 (4)  Except as provided by Subsection (n), the [The]
1-17     order of restitution must require the defendant to make restitution
1-18     directly to the victim or other person eligible for restitution
1-19     under this article or to deliver the amount or property due as
1-20     restitution to a community supervision and corrections department
1-21     for transfer to the victim or person.
1-22           SECTION 3.  Article 42.037, Code of Criminal Procedure, is
1-23     amended by adding Subsection (n) to read as follows:
1-24           (n)  If a defendant is convicted of or receives deferred
 2-1     adjudication for an offense under Section 25.05, Penal Code, if the
 2-2     child support order on which prosecution of the offense was based
 2-3     required the defendant to pay the support to a local registry or
 2-4     the Title IV-D agency, and if the court orders restitution under
 2-5     this article, the order of restitution must require the defendant
 2-6     to pay the child support in the following manner:
 2-7                 (1)  during any period in which the defendant is under
 2-8     the supervision of a community supervision and corrections
 2-9     department, to the department for transfer to the local registry or
2-10     Title IV-D agency designated as the place of payment in the child
2-11     support order; and
2-12                 (2)  during any period in which the defendant is not
2-13     under the supervision of a department, directly to the registry or
2-14     agency described by Subdivision (1).
2-15           SECTION 4.  The change in law made by this Act to Article
2-16     42.037, Code of Criminal Procedure, as amended by this Act, applies
2-17     only to an order of restitution issued on or after the effective
2-18     date of this Act.
2-19           SECTION 5.  This Act takes effect September 1, 1999.
2-20           SECTION 6.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 118 passed the Senate on
         March 2, 1999, by the following vote:  Yeas 31, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 118 passed the House on
         April 23, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor