79R7802 KKA-D

By:  Raymond                                                      H.B. No. 2354



A BILL TO BE ENTITLED

AN ACT

relating to the application of certain social security and 
disability payments to a child who is the subject of a child support 
order.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 157.263, Family Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  In confirming the amount of arrearages owed by an 
obligor whose child receives disability or social security payments 
as a result of the obligor's disability or receipt of social 
security old age benefits, the court shall:
		(1)  determine the degree to which the amount of the 
payments received by the child have previously been used to reduce 
the amount the obligor would otherwise be required to pay for the 
support of the child; and
		(2)  grant a credit to the obligor in the amount by 
which the total amount of payments received by the child exceeds the 
amount described by Subdivision (1).
	SECTION 2.  Section 157.263, Family Code, as amended by this 
Act, applies to a judgment rendered on or after the effective date 
of this Act.  A judgment rendered before the effective date of this 
Act is governed by the law in effect at the time the judgment was 
rendered, 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, 2005.