BILL ANALYSIS

C.S.H.B. 2351

                                                                                                                                      By: Raymond

Juvenile Justice & Family Issues

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, child support obligors and claimants who reach an agreement by which an obligor can pay an agreed upon amount of owed child support less than the amount of the full debt are not required to put such an agreement in writing.  If both parties come to an arrangement that is mutually agreeable, C.S.H.B.2351 would provide for the agreement to be executed in writing and release the obligor after he or she pays the agreed upon amount of child support.  Putting the agreement in writing and submitting a copy to the Attorney General’s office eliminates any later confusion as to whether or not the obligor was released from the lien.

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 157.321 of the Family Code by providing that a claimant                                                 may enter into a written agreement with the obligor for release of a lien on                                     payment of an amount that is less than the full amount of child support                                           due, including any costs and reasonable attorney's fees. The release must                                                be delivered to the Title IV-D agency and specifically state the amount of                                             child support that was paid by the obligor on or before the date the release                                             is executed and indicate whether that amount is inclusive or exclusive of                                              interest and be accompanied by a copy of the written agreement under                                       which the obligor's payment of an amount that is less than the amount of                                        child support due is considered satisfaction for the full amount, including                                       accrued interest, at the time the release is executed. A release under                                                Subsection(b) does not prevent a future action to impose a child support                                         lien on the same property or other property owned by the obligor for child                                            support arrearages that accrue after the date of execution of the release of                                        lien.

SECTION 2.              The change in law made by this Act applies only to a child support lien                                           release executed on or after the effective date of this Act.  A child support                                                 lien release executed before the effective date of this Act is governed by                                               the law in effect on the date the release was executed, and the former law                                         is continued in effect for that purpose.

SECTION 3.              This Act takes effect September 1, 2005.

EFFECTIVE DATE

September 1, 2005

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.2351 modifies the original H.B.2351 by amending Section 157.321 of the Family Code instead of Section 157.322(a) of the Family Code, as originally filed.