C.S.H.B. 344 78(R)    BILL ANALYSIS


C.S.H.B. 344
By: Dutton
Juvenile Justice & Family Issues
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Under current law, child support may be modified if circumstances of the
child or a person affected by the order have materially and substantially
changed.  Presumably,  the release of a child support obligor from
incarceration is  a  material and substantial change in circumstances, but
only if the obligor's child support obligation was abated, reduced, or
suspended during the period of the obligor's incarceration. The problem
occurs when persons are  released and faced with  huge child support
arrearages.  As a consequence, much of this debt is never paid and many
persons are discouraged  from trying.  

C.S.H.B.344 would provide for modification of child support payments
during the period of incarceration, after an obligor has been confined for
more than 90 consecutive days. This modification would encourage child
support payments and prevent the build-up of uncollectible arrearages. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.     Amends Section 156.401, Family Code by adding Subsection
(e) which provides for the rendering of a judgement or order for the
confinement of an obligor in a local, state, or federal jail or prison for
the period of at least 90 consecutive days is a material and substantial
change in circumstances for purposes of Subsection (a)(1).  On the
obligor's request, the court shall order that the obligor's child support
obligations be suspended during the obligor's period of confinement unless
the court finds that the obligor has resources, other than resources
attributable to earnings for personal services, available to pay those
obligations. 

SECTION 2.Prospective provisions.

SECTION 3.This Act takes effect September 1, 2003.


EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.344 modifies the original H.B.344 by adding language to Section
156.401, Family Code that provides that on the obligor's request, the
court shall order that the obligor's child support obligations be
suspended during the obligor's period of confinement unless the court
finds that the obligor has resources, other than resources attributable to
earnings for personal services, available to pay those obligations.
C.S.H.B.344 deletes SECTION 2, Section 156.411, SECTION 3, 4, 5, 6 and 7.
Lastly, C.S.H.B.344 provides for a new effective date of September 1,
2003.