79R12036 JMM-F


By:  Raymond                                                      H.B. No. 2351

Substitute the following for H.B. No. 2351:                                   

By:  Goodman                                                  C.S.H.B. No. 2351



A BILL TO BE ENTITLED

AN ACT

relating to the release of a child support lien.                              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 157.321, Family Code, is amended to read 
as follows:     
	Sec. 157.321.  DISCRETIONARY RELEASE OF LIEN.  (a) A child 
support lien claimant may at any time release a lien on all or part 
of the property of the obligor or return seized property, without 
liability, if assurance of payment is considered adequate by the 
claimant or if the release or return will facilitate the collection 
of the arrearages.  The release or return may not operate to prevent 
future action to collect from the same or other property owned by 
the obligor.
	(b)  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:
		(1)  be delivered to the Title IV-D agency;                            
		(2)  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
		(3)  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.
	(c)  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.