78R2498 KLA-D

By:  Madden                                                       H.B. No. 674



A BILL TO BE ENTITLED

AN ACT

relating to the modification of certain child support orders.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 156, Family Code, is 
amended by adding Section 156.410 to read as follows:
	Sec. 156.410.  CHANGE IN CIRCUMSTANCES RESULTING FROM 
MILITARY SERVICE.  (a)  For purposes of Section 156.401(a)(1), the 
fact that an obligor has been called into active military service in 
any branch of the United States armed forces is a material and 
substantial change in circumstances if that active military 
service:
		(1)  is for at least 30 consecutive days;  and                         
		(2)  results in a decrease in the obligor's net 
resources during the period of service.
	(b)  A motion for modification under this section must be 
accompanied by the affidavit of the obligor's commanding officer 
that states:
		(1)  the date on which the obligor's active military 
service begins and the date on which that service is expected to 
end;  and
		(2)  the obligor's anticipated monthly gross income 
from active military service.
	SECTION 2.  The change in law made by Section 156.410, Family 
Code, as added by this Act, applies to a suit for modification of a 
child support order that is filed on or after the effective date of 
this Act.  A suit for modification that is filed before the 
effective date of this Act is governed by the law in effect on the 
date the suit was filed, and the former law is continued in effect 
for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.