79R7756 KKA-F

By:  Castro                                                       H.B. No. 3136



A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of child support arrearages by 
imposition of a lien on the obligor's property or a levy on the 
obligor's financial assets.
	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)  The rendering of a money judgment for child support 
arrearages, or an administrative determination of arrearages, that 
includes a payment schedule for the arrearages is an acceptable 
arrangement for enforcing child support and bars issuance of a lien 
under this subchapter unless a payment under the schedule is more 
than 31 days delinquent.
	SECTION 2.  Section 157.327(a), Family Code, is amended to 
read as follows:  
	(a)  Notwithstanding any other provision of law, if a 
judgment or administrative determination of arrearages has been 
rendered and the obligor is more than 31 days delinquent in the 
payment of arrearages under a payment schedule rendered as part of 
the judgment or determination, 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 on or after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2005.