By Harris S.B. No. 581
76R5135 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements for and the liability of certain
1-3 employers who are required to withhold child support from an
1-4 employee's earnings.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 158.103, Family Code, is amended to read
1-7 as follows:
1-8 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
1-9 withholding shall state:
1-10 (1) the style, cause number, and court having
1-11 continuing jurisdiction of the suit;
1-12 (2) the name, address, and, if available, the social
1-13 security number of the obligor;
1-14 (3) the amount and duration of the child support
1-15 payments and medical support payments or other provisions for
1-16 medical support;
1-17 (4) the name, address, and, if available, the social
1-18 security numbers of the child and the obligee;
1-19 (5) the name and address of the person or agency to
1-20 whom the payments shall be made;
1-21 (6) that the obligor is required to notify the court
1-22 promptly of any change affecting the order; [and]
1-23 (7) that the ordered amount shall be paid to a local
1-24 registry or the Title IV-D agency; and
2-1 (8) that the ordered amount is required to be remitted
2-2 to the person or office named in the order or writ on each pay
2-3 date.
2-4 SECTION 2. Section 158.203(b), Family Code, is amended to
2-5 read as follows:
2-6 (b) The employer shall include with each payment
2-7 transmitted:
2-8 (1) the number assigned by the Title IV-D agency, if
2-9 available, the county identification number, if available, and [or]
2-10 the cause number of the suit under which withholding is required;
2-11 (2) the payor's name and social security number; and
2-12 (3) the payee's name and, if available, social
2-13 security number, unless the payment is transmitted by electronic
2-14 funds transfer.
2-15 SECTION 3. Section 158.206(b), Family Code, is amended to
2-16 read as follows:
2-17 (b) An employer receiving an order or writ of withholding
2-18 who does not comply with the order or writ is liable:
2-19 (1) to the obligee for the amount not paid in
2-20 compliance with the order or writ, including the amount the obligor
2-21 is required to pay for health insurance under Chapter 154;
2-22 (2) to the obligor for:
2-23 (A) the amount withheld and not paid as required
2-24 by the order or writ; and
2-25 (B) an amount equal to the interest that accrues
2-26 under Section 157.265 on the amount withheld and not paid; and
2-27 (3) for reasonable attorney's fees and court costs.
3-1 SECTION 4. (a) This Act takes effect September 1, 1999.
3-2 (b) The changes in law made by this Act to Sections 158.203
3-3 and 158.206, Family Code, apply only to child support withheld on
3-4 or after that date. Child support withheld before the effective
3-5 date of this Act is governed by the law in effect on the date the
3-6 child support was withheld, and the former law is continued in
3-7 effect for that purpose.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.