H.B. 2776 78(R)    BILL ANALYSIS


H.B. 2776
By: Hughes
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Section 157.318 of the Family Code deals with the duration of child
support liens.  The current structure of the statute is not clear with
respect to the expiration of the lien.  Under the current system, a lien
may last indefinitely and, in some cases, pass down to the heirs of the
holder. 

House Bill 2776 would amend the Family Code to provide for clarification
on the duration of liens.  


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 157.318(a), Family Code, to provide that a  lien
is effective until the earlier of the date: (1) all current support and
child support arrearages,  including interest and any costs and reasonable
attorney's fees, have been paid; (2) the lien is otherwise released as
provided by this subchapter; or (3) the 20th anniversary of the date the
notice of lien is recorded. 

SECTION 2. (a) This Act takes effect September 1, 2003. (b) The change in
law made by this Act applies to a lien for child support arrearages that
is recorded by a county clerk before, on, or after the effective date of
the Act. 


EFFECTIVE DATE

September 1, 2003.