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                                  * * * * *