SRC-BWC S.J.R. 9 77(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 9
77R3421 AEI-DBy: Fraser
Jurisprudence
3/29/2001
As Filed


DIGEST AND PURPOSE 

Currently, personal wages are only eligible to be garnished for
court-ordered child support payments or spousal maintenance.  Therefore, if
a judge orders civil penalties to be paid by an individual, there is really
no enforcement mechanism because wages cannot be garnished to collect the
penalties.  As proposed, S.JR. 9 proposes a constitutional amendment to
allow wages to be garnished for a courtordered judgement. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 28, Article XVI, Texas Constitution, by
prohibiting the garnishment of current wages for personal service except
for the enforcement of court-ordered child support payments or spousal
maintenance, or a judgment entered by a court.  Makes nonsubstantive
changes.  

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to he held November 5, 2002.  Authorizes the
ballot to be printed to provide for voting for or against the proposition:
"The constitutional amendment authorizing garnishment of wages for the
enforcement of a judgment."