79R14126 KKA-F


By:  Castro                                                       H.B. No. 3136

Substitute the following for H.B. No. 3136:                                   

By:  Goodman                                                  C.S.H.B. No. 3136



A BILL TO BE ENTITLED

AN ACT

relating to certain child support liens against assets in the 
possession of, or controlled by, financial institutions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 157.312, Family Code, is amended by 
amending Subsection (d) and adding Subsection (h) to read as 
follows:
	(d)  Except as provided by Subsection (h), a [A] child 
support lien arises by operation of law against real and personal 
property of an obligor for all amounts of child support due and 
owing, including any accrued interest, regardless of whether the 
amounts have been adjudicated or otherwise determined, subject to 
the requirements of this subchapter for perfection of the lien.
	(h)  A child support lien does not arise by operation of law 
against assets or funds owned by, or owed to, an obligor and in the 
possession of, or controlled by, a financial institution if a 
judgment for retroactive child support or a judgment or 
administrative determination of child support arrearages has been 
rendered and the obligor is fully complying with the terms of a 
payment schedule ordered by the court or agreed to by the Title IV-D 
agency.  If the obligor becomes at least 31 days delinquent in 
payment of support under the payment schedule, a child support lien 
arises by operation of law against the assets or funds owned by, or 
owed to, the obligor in the possession of, or controlled by, the 
financial institution, and a claimant may file a child support lien 
notice under Section 157.314 or proceed with execution and levy on 
those assets under Section 157.327.
	SECTION 2.  Section 157.327(a), Family Code, is amended to 
read as follows:  
	(a)  Except as provided by Section 157.312(h), but 
notwithstanding [Notwithstanding] any other provision of law, if a 
judgment or administrative determination of arrearages has been 
rendered, a claimant may deliver a notice of levy to any financial 
institution possessing or controlling assets or funds owned by, or 
owed to, an obligor and subject to a child support lien, including a 
lien for child support arising in another state.
	SECTION 3.  The change in law made by this Act applies only 
to the issuance of a lien or delivery of a notice of levy to enforce 
child support arrearages or a judgment for retroactive support on 
or after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.