BILL ANALYSIS
By: Hughes
Juvenile Justice & Family Issues
BACKGROUND AND PURPOSE
Current state law dubiously addresses duration of child support liens. Moreover, the current structure of the statute is not clear with regard to expiration of the lien. Consequently, a lien may continue perpetually and, in some cases, pass down to heirs of the holder.
HB 999 amends Section 157.318(a) of the Family Code by providing for clarification on 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.
ANALYSIS
SECTION 1. Amends Section 157.318(a) of the Family Code by providing that a lien is effective until the earliest of the date all current child support obligations (including interest, costs, and attorney’s fees) have been paid. Accordingly, the lien is otherwise released by this subchapter; or the 20th anniversary of the date the notice of lien is recorded.
SECTION 2. 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 this Act.
SECTION 3. This Act takes effect September 1, 2005.
EFFECTIVE DATE
September 1, 2005.