By:  Dutton (Senate Sponsor - Whitmire)                           H.B. No. 440
	(In the Senate - Received from the House April 27, 2005; 
April 29, 2005, read first time and referred to Committee on 
Jurisprudence; May 21, 2005, reported favorably by the following 
vote:  Yeas 5, Nays 0; May 21, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the modification or enforcement of a child support 
order during the obligor's confinement in jail or prison.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 156.401, Family Code, is amended by 
adding Subsections (e)-(g) to read as follows:
	(e)  The rendering of a judgment or order for the confinement 
of an obligor in a local, state, or federal jail or prison for a 
period of at least 90 consecutive days is a material and substantial 
change in circumstances for purposes of Subsection (a)(1).
	(f)  The obligor is not entitled to a waiver in Subsection 
(a)(1) if the obligor is incarcerated for an act of family violence 
as defined by Section 71.004 or for violation of a protective order 
as defined by Subtitle B, Title 4, or citation of contempt.
	(g)  All accruing interest for an obligor's child support 
obligation shall be suspended during an obligor's incarceration in 
a local, state, or federal jail or prison.
	SECTION 2.  Section 157.008(a), Family Code, is amended to 
read as follows:  
	(a)  An obligor may plead as an affirmative defense in whole 
or in part to a motion for enforcement of child support that:
		(1)  the obligee voluntarily relinquished to the 
obligor actual possession and control of a child; or
		(2)  the obligor was confined in a local, state, or 
federal jail or prison for a period of at least 90 consecutive days 
and the arrearages and interest on the arrearages alleged in the 
motion for enforcement are attributable to child support payments 
that became due during that period of confinement.
	SECTION 3.  Section 156.401(e), Family Code, as added by 
this Act, applies only 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 4.  Section 157.008(a), Family Code, as amended by 
this Act, applies only to a child support payment that becomes due 
or interest on child support arrearages that accrues on or after the 
effective date of this Act.  A child support payment that became due 
or interest on child support arrearages that accrued before the 
effective date of this Act is governed by the law in effect on the 
date the payment became due or the interest accrued, and the former 
law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.                           



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