79R1616 KSD-D
By: Harris S.B. No. 1152
A BILL TO BE ENTITLED
AN ACT
relating to the perfection of a child support lien on a motor
vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.316(b), Family Code, is amended to
read as follows:
(b) If a lien established under this subchapter attaches to
a motor vehicle, the lien must be perfected in the manner provided
by Chapter 501, Transportation Code, and the court or Title IV-D
agency that rendered the order of child support shall, unless the
lien will be perfected electronically under Section 501.117,
Transportation Code, include in the order a requirement that the
obligor surrender to the court or Title IV-D agency evidence of the
legal ownership of the motor vehicle against which the lien may
attach. A lien against a motor vehicle under this subchapter is not
perfected until:
(1) the obligor's title to the vehicle has been
surrendered to the court or Title IV-D agency and the Texas
Department of Transportation has issued a subsequent title that
discloses on its face the fact that the vehicle is subject to a
child support lien under this subchapter; or
(2) the lien is perfected in accordance with the rules
adopted under Section 501.117, Transportation Code, for the
electronic perfection of a child support lien on a motor vehicle.
SECTION 2. Section 501.117(a), Transportation Code, is
amended to read as follows:
(a) The department by rule shall develop a system under
which a lien on [security interest in] a motor vehicle may be
perfected, assigned, discharged, and canceled electronically
instead of by record maintained on a certificate of title. The
rules adopted under this section must include specific provisions
for the electronic perfection of a child support lien asserted on a
motor vehicle by the Title IV-D agency, as defined by Section
101.033, Family Code. Participation by a lienholder in the system
is voluntary.
SECTION 3. The Texas Department of Transportation shall
adopt rules as required by Section 501.117(a), Transportation Code,
as amended by this Act, as soon as practicable after the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2005.