1-1 By: Harris S.B. No. 581
1-2 (In the Senate - Filed February 17, 1999; February 22, 1999,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 25, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; March 25, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Harris
1-7 Amend S.B. No. 581 by striking all of Section 1, Section 158.103,
1-8 and renumbering remaining sections accordingly.
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the requirements for and the liability of certain
1-12 employers who are required to withhold child support from an
1-13 employee's earnings.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 158.103, Family Code, is amended to read
1-16 as follows:
1-17 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
1-18 withholding shall state:
1-19 (1) the style, cause number, and court having
1-20 continuing jurisdiction of the suit;
1-21 (2) the name, address, and, if available, the social
1-22 security number of the obligor;
1-23 (3) the amount and duration of the child support
1-24 payments and medical support payments or other provisions for
1-25 medical support;
1-26 (4) the name, address, and, if available, the social
1-27 security numbers of the child and the obligee;
1-28 (5) the name and address of the person or agency to
1-29 whom the payments shall be made;
1-30 (6) that the obligor is required to notify the court
1-31 promptly of any change affecting the order; [and]
1-32 (7) that the ordered amount shall be paid to a local
1-33 registry or the Title IV-D agency; and
1-34 (8) that the ordered amount is required to be remitted
1-35 to the person or office named in the order or writ on each pay
1-36 date.
1-37 SECTION 2. Subsection (b), Section 158.203, Family Code, is
1-38 amended to read as follows:
1-39 (b) The employer shall include with each payment
1-40 transmitted:
1-41 (1) the number assigned by the Title IV-D agency, if
1-42 available, the county identification number, if available, and [or]
1-43 the cause number of the suit under which withholding is required;
1-44 (2) the payor's name and social security number; and
1-45 (3) the payee's name and, if available, social
1-46 security number, unless the payment is transmitted by electronic
1-47 funds transfer.
1-48 SECTION 3. Subsection (b), Section 158.206, Family Code, is
1-49 amended to read as follows:
1-50 (b) An employer receiving an order or writ of withholding
1-51 who does not comply with the order or writ is liable:
1-52 (1) to the obligee for the amount not paid in
1-53 compliance with the order or writ, including the amount the obligor
1-54 is required to pay for health insurance under Chapter 154;
1-55 (2) to the obligor for:
1-56 (A) the amount withheld and not paid as required
1-57 by the order or writ; and
1-58 (B) an amount equal to the interest that accrues
1-59 under Section 157.265 on the amount withheld and not paid; and
1-60 (3) for reasonable attorney's fees and court costs.
1-61 SECTION 4. (a) This Act takes effect September 1, 1999.
1-62 (b) The changes in law made by this Act to Sections 158.203
1-63 and 158.206, Family Code, apply only to child support withheld on
2-1 or after that date. Child support withheld before the effective
2-2 date of this Act is governed by the law in effect on the date the
2-3 child support was withheld, and the former law is continued in
2-4 effect for that purpose.
2-5 SECTION 5. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *