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