By: Harris S.B. No. 581
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirements for and the liability of certain
1-2 employers who are required to withhold child support from an
1-3 employee's earnings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 158.203, Family Code, is
1-6 amended to read as follows:
1-7 (b) The employer shall include with each payment
1-8 transmitted:
1-9 (1) the number assigned by the Title IV-D agency, if
1-10 available, the county identification number, if available, and [or]
1-11 the cause number of the suit under which withholding is required;
1-12 (2) the payor's name and social security number; and
1-13 (3) the payee's name and, if available, social
1-14 security number, unless the payment is transmitted by electronic
1-15 funds transfer.
1-16 SECTION 2. Subsection (b), Section 158.206, Family Code, is
1-17 amended to read as follows:
1-18 (b) An employer receiving an order or writ of withholding
1-19 who does not comply with the order or writ is liable:
1-20 (1) to the obligee for the amount not paid in
1-21 compliance with the order or writ, including the amount the obligor
1-22 is required to pay for health insurance under Chapter 154;
1-23 (2) to the obligor for:
1-24 (A) the amount withheld and not paid as required
2-1 by the order or writ; and
2-2 (B) an amount equal to the interest that accrues
2-3 under Section 157.265 on the amount withheld and not paid; and
2-4 (3) for reasonable attorney's fees and court costs.
2-5 SECTION 3. (a) This Act takes effect September 1, 1999.
2-6 (b) The changes in law made by this Act to Sections 158.203
2-7 and 158.206, Family Code, apply only to child support withheld on
2-8 or after that date. Child support withheld before the effective
2-9 date of this Act is governed by the law in effect on the date the
2-10 child support was withheld, and the former law is continued in
2-11 effect for that purpose.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.