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A BILL TO BE ENTITLED
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AN ACT
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relating to child support enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (g), Section 105.006, Family Code, is |
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amended to read as follows: |
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(g) The Title IV-D agency shall promulgate and provide forms |
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for a party to use in reporting to the court and[, when established,
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to] the state case registry under Chapter 234 the information |
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required under this section. |
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SECTION 2. Section 108.001, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by this chapter, the clerk of the |
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court shall transmit to the bureau of vital statistics a certified |
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record of the order rendered in a suit, together with the name and |
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all prior names, birth date, and place of birth of the child |
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[prepared by the petitioner] on a form provided by the bureau. The |
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form shall be completed by the petitioner and submitted to the clerk |
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at the time the order is filed for record. |
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(d) In a Title IV-D case, the Title IV-D agency may transmit |
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the record and information specified by Subsection (a) to the |
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bureau of vital statistics, with a copy to the clerk of the court on |
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request by the clerk. The record and information are not required |
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to be certified if transmitted by the Title IV-D agency under this |
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subsection. |
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SECTION 3. Section 108.004, Family Code, is amended to read |
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as follows: |
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Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. |
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On the loss of jurisdiction of a court under Chapter 155, 159, or |
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262, the clerk of the court shall transmit to the central registry |
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of the bureau of vital statistics a certified record, on a form |
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provided by the bureau, stating that jurisdiction has been lost, |
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the reason for the loss of jurisdiction, and the name and all |
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previous names, date of birth, and place of birth of the child. |
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SECTION 4. Subsections (a) and (b), Section 154.186, Family |
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Code, are amended to read as follows: |
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(a) The obligee, obligor, or a child support agency of this |
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state or another state may send to the employer a copy of the order |
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requiring an employee to provide health insurance coverage for a |
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child or may include notice of the medical support order in an order |
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or writ of withholding sent to the employer in accordance with |
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Chapter 158. |
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(b) In an appropriate Title IV-D case, the Title IV-D agency |
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of this state or another state shall send to the employer the |
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national medical support notice required under Part D, Title IV of |
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the federal Social Security Act (42 U.S.C. Section 651 et seq.), as |
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amended. The notice may be used in any other suit in which an |
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obligor is ordered to provide health insurance coverage for a |
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child. |
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SECTION 5. Section 157.102, Family Code, is amended to read |
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as follows: |
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Sec. 157.102. CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT |
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OFFICIALS. Law enforcement officials shall treat a [the] capias or |
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arrest warrant ordered under this chapter in the same manner as an |
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arrest warrant for a criminal offense and shall enter the capias or |
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warrant in the computer records for outstanding warrants maintained |
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by the local police, sheriff, and Department of Public Safety. The |
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capias or warrant shall be forwarded to and disseminated by the |
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Texas Crime Information Center and the National Crime Information |
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Center. |
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SECTION 6. Section 157.268, Family Code, is amended to read |
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as follows: |
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Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child |
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support collected shall be applied in the following order of |
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priority: |
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(1) current child support; |
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(2) non-delinquent child support owed; |
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(3) interest on the principal amounts specified in |
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Subdivisions (4) and (5); |
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(4) the principal amount of child support that has not |
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been confirmed and reduced to money judgment; |
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(5) the principal amount of child support that has |
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been confirmed and reduced to money judgment; and |
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(6) the amount of any ordered attorney's fees or costs, |
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or Title IV-D service fees authorized under Section 231.103 for |
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which the obligor is responsible. |
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SECTION 7. Subdivision (1), Section 157.311, Family Code, |
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is amended to read as follows: |
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(1) "Account" means: |
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(A) any type of a demand deposit account, |
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checking or negotiable withdrawal order account, savings account, |
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time deposit account, money market mutual fund account, certificate |
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of deposit, or any other instrument of deposit, including any |
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accrued interest and dividends, in which an individual, as a |
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signatory or not, has a beneficial ownership either in its entirety |
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or on a shared or multiple party basis, including an account in |
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which the individual has a community or separate property interest |
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[any accrued interest and dividends]; and |
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(B) a life insurance policy in which an |
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individual has a beneficial ownership or liability insurance |
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against which an individual has filed a claim or counterclaim. |
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SECTION 8. Section 157.313, Family Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The requirement under Subsections (a)(3) and (4) to |
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provide a social security number, if known, does not apply to a lien |
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notice for a lien on real property. |
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SECTION 9. Section 157.314, Family Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) If a child support lien notice is delivered to a |
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financial institution with respect to an account of the obligor, |
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the institution shall immediately: |
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(1) provide the claimant with the last known address |
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of the obligor and disclose to the claimant the amount in the |
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obligor's account at the time of receipt of the notice, before the |
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deduction of any authorized fees; and |
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(2) notify any other person having an ownership |
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interest in the account that the account has been frozen in an |
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amount not to exceed the amount of the child support arrearage |
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identified in the notice. |
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(e) On request, a financial institution to which a child |
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support lien notice has been delivered shall provide the claimant |
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with a statement showing deposits to the obligor's account made |
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from the date of receipt of the child support lien notice to the |
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date of receipt of the request for information concerning deposits |
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made to the obligor's account. |
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SECTION 10. Subsection (a), Section 157.317, Family Code, |
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is amended to read as follows: |
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(a) A child support lien attaches to all real and personal |
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property of an obligor not exempt under the Texas Constitution or |
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other law, including: |
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(1) an account in a financial institution in which |
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funds are held for the obligor's benefit, regardless of whether the |
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account is in the name of the obligor or in the name of a nominal |
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owner other than the obligor; |
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(2) a retirement plan, including an individual |
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retirement account; and |
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(3) the proceeds of a life insurance policy, a claim |
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for negligence or personal injury, or an insurance settlement or |
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award for the claim, due to or owned by the obligor. |
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SECTION 11. Subsection (a), Section 157.318, Family Code, |
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is amended to read as follows: |
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(a) A lien is effective until all current support and child |
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support arrearages, including interest, [and] any costs and |
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reasonable attorney's fees, and any Title IV-D service fees |
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authorized under Section 231.103 for which the obligor is |
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responsible, have been paid or the lien is otherwise released as |
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provided by this subchapter. |
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SECTION 12. Section 157.324, Family Code, is amended to |
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read as follows: |
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Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR |
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LIEN. (a) A person who knowingly pays over, releases, sells, |
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transfers, encumbers, conveys, or otherwise disposes of property |
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subject to a child support lien or[,] who, after a foreclosure |
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hearing, fails to surrender on demand nonexempt personal property |
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as directed by a court [or administrative order] under this |
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subchapter[, or who fails to comply with a notice of levy under this
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subchapter] is liable to the claimant for the greater of [in] an |
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amount equal to two times the value of the property paid over, |
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released, sold, transferred, encumbered, conveyed, or otherwise |
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disposed of or not surrendered or $5,000, but not to exceed the |
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amount of the child support arrearages for which the lien[, notice
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of levy,] or foreclosure judgment was issued. |
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(b) A claimant may recover costs and reasonable attorney's |
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fees incurred in an action under this section. |
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(c) Any amount paid by a person under this section may not be |
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credited against the child support arrearages owed by the obligor. |
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SECTION 13. Section 157.327, Family Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (f) to read |
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as follows: |
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(b) The notice under this section must: |
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(1) identify the amount of child support arrearages |
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owing at the time the amount of arrearages was determined or, if the |
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amount is less, the amount of arrearages owing at the time the |
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notice is prepared and delivered to the financial institution; and |
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(2) direct the financial institution to pay to the |
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claimant, not earlier than the 15th day or later than the 21st day |
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after the date of delivery of the notice, an amount from the assets |
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of the obligor or from funds due to the obligor that are held or |
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controlled by the institution, not to exceed the amount of the child |
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support arrearages identified in the notice, unless: |
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(A) the institution is notified by the claimant |
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that the obligor has paid the arrearages or made arrangements |
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satisfactory to the claimant for the payment of the arrearages; |
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(B) the obligor or another person files a suit |
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under Section 157.323 requesting a hearing by the court; or |
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(C) if the claimant is the Title IV-D agency, the |
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obligor has requested an agency review under Section 157.328. |
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(c) A financial institution that receives a notice of levy |
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under this section may not close an account in which the obligor has |
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an ownership interest, permit a withdrawal from any account the |
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obligor owns, in whole or in part, or pay funds to the obligor so |
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that any amount remaining in the account is less than the amount of |
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the arrearages identified in the notice, plus any service fees due |
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to the institution and any costs of the levy identified by the |
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claimant. |
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(f) A financial institution may deduct the service fees and |
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costs identified in Subsection (c) from the obligor's assets before |
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paying the appropriate amount to the claimant. |
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SECTION 14. Section 157.329, Family Code, is amended to |
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read as follows: |
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Sec. 157.329. NO LIABILITY FOR COMPLIANCE WITH NOTICE OF |
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LIEN OR LEVY. A financial institution that possesses or has a right |
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to an obligor's assets for which a notice of lien or levy has been |
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delivered and that freezes assets subject to a child support lien or |
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timely surrenders the assets or right to assets in accordance with |
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[to] a child support levy [lien claimant] is not liable to the |
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obligor or any other person for the property or rights frozen or |
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surrendered. |
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SECTION 15. Section 157.330, Family Code, is amended to |
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read as follows: |
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Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. (a) A |
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person who possesses or has a right to property that is the subject |
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of a notice of levy delivered to the person and who refuses or fails |
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to timely surrender the property or right to property that should |
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have been paid or delivered to the claimant on demand is liable to |
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the claimant for the greater of [in] an amount equal to two times |
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the value of the property or right to property that should have been |
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paid or delivered or $5,000, [not surrendered] but [that does] not |
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to exceed the amount of the child support arrearages for which the |
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notice of levy has been filed. |
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(b) A claimant may recover costs and reasonable attorney's |
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fees incurred in an action under this section. |
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SECTION 16. Subchapter C, Chapter 158, Family Code, is |
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amended by adding Section 158.214 to read as follows: |
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Sec. 158.214. WITHHOLDING FROM LUMP-SUM PAYMENTS. (a) In |
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this section, "lump-sum payment" means income in the form of a bonus |
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or commission or an amount paid in lieu of vacation or other leave |
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time. The term does not include an employee's usual earnings or an |
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amount paid as severance pay on termination of employment. |
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(b) This section applies only to an employer who receives an |
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administrative writ of withholding in a Title IV-D case that |
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requires that an obligor's income be withheld for child support |
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arrearages. |
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(c) An employer to whom this section applies may not make a |
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lump-sum payment to the obligor in the amount of $500 or more |
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without first notifying the Title IV-D agency that issued the writ |
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to determine whether all or a portion of the payment should be |
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applied to the child support arrearages. |
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(d) After notifying the Title IV-D agency in compliance with |
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Subsection (c), the employer may not make the lump-sum payment |
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before the earlier of: |
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(1) the 10th day after the date on which the employer |
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notified the Title IV-D agency; or |
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(2) the date on which the employer receives |
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authorization from the Title IV-D agency to make the payment. |
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(e) If the employer receives a timely authorization from the |
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Title IV-D agency under Subsection (d)(2), the employer may make |
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the payment only in accordance with the terms of that |
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authorization. |
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SECTION 17. Subsection (a), Section 158.502, Family Code, |
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is amended to read as follows: |
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(a) An administrative writ of withholding under this |
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subchapter may be issued by the Title IV-D agency at any time until |
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all current support, including medical support, and child support |
|
arrearages, and Title IV-D service fees authorized under Section |
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231.103 for which the obligor is responsible, have been paid. The |
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writ issued under this subsection may be based on an obligation in |
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more than one support order. |
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SECTION 18. Section 158.506, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) If a review under this section fails to resolve any |
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issue in dispute, the obligor [is entitled to the remedies provided
|
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by Section 158.317 for cases in which a notice of an application for
|
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judicial writ of withholding was not received. The obligor] may |
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file a motion with the court to withdraw the administrative writ of |
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withholding and request a hearing with the court not later than the |
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30th day after receiving notice of the agency's determination. |
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Income withholding may not be interrupted pending a hearing by the |
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court. |
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(d) If an administrative writ of withholding issued under |
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this subchapter is based on an order of a tribunal of another state |
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that has not been registered under Chapter 159, the obligor may file |
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a motion with an appropriate court in accordance with Subsection |
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(c). |
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SECTION 19. Section 158.507, Family Code, is amended to |
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read as follows: |
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Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING. |
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An administrative writ to terminate withholding may be issued and |
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delivered to an employer by the Title IV-D agency when all current |
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support, including medical support, and child support arrearages, |
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and Title IV-D service fees authorized under Section 231.103 for |
|
which the obligor is responsible, have been paid. |
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SECTION 20. Subsection (b), Section 231.006, Family Code, |
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is amended to read as follows: |
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(b) A child support obligor or business entity ineligible to |
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receive payments under Subsection (a) [or a child support obligor
|
|
ineligible to receive payments under Subsection (a-1)] remains |
|
ineligible until: |
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(1) all arrearages have been paid; |
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(2) the obligor is in compliance with a written |
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repayment agreement or court order as to any existing delinquency; |
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or |
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(3) the court of continuing jurisdiction over the |
|
child support order has granted the obligor an exemption from |
|
Subsection (a) as part of a court-supervised effort to improve |
|
earnings and child support payments. |
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SECTION 21. The heading to Section 231.012, Family Code, is |
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amended to read as follows: |
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Sec. 231.012. CHILD SUPPORT [COUNTY ADVISORY] WORK GROUP. |
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SECTION 22. Subsections (a), (b), and (c), Section 231.012, |
|
Family Code, are amended to read as follows: |
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(a) The director of the Title IV-D agency may convene [shall
|
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establish] a [county advisory] work group representing public and |
|
private entities with an interest in child support enforcement in |
|
this state to work with [assist] the director [Title IV-D agency] in |
|
developing strategies to improve [and changing] child support |
|
enforcement in this state [programs that affect counties. The work
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group shall consist of at least one of each of the following:
|
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[(1) county judge;
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[(2) county commissioner;
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[(3) district clerk;
|
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[(4) domestic relations officer;
|
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[(5) associate judge for Title IV-D cases; and
|
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[(6) district court judge]. |
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(b) The director of the Title IV-D agency shall appoint the |
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members of the work group after consulting with appropriate public |
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and private entities [the relevant professional or trade
|
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associations of the professions that are represented on the work
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group. The director of the Title IV-D agency shall determine the
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number of members of the work group and shall designate the
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presiding officer of the group]. |
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(c) The work group shall meet as convened by the director of |
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the Title IV-D agency and consult with[:
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[(1) advise] the director on matters relating to [of
|
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the Title IV-D agency of the impact on counties that a proposed] |
|
child support enforcement in this state, including the delivery of |
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Title IV-D services [program or a change in a program may have;
|
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[(2)
establish a state-county child support
|
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improvement plan;
|
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[(3)
advise the Title IV-D agency on the operation of
|
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the state disbursement unit;
|
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[(4)
plan for monetary incentives for county
|
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partnership programs;
|
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[(5)
expand the number of agreements with counties for
|
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enforcement services; and
|
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[(6)
work with relevant statewide associations on a
|
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model partnership agreement]. |
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SECTION 23. Section 231.103, Family Code, is amended by |
|
amending Subsection (f) and adding Subsection (g-1) to read as |
|
follows: |
|
(f) The state disbursement unit established and operated by |
|
the Title IV-D agency under Chapter 234 may collect a monthly |
|
service fee of $3 in each case in which [deducted from] support |
|
payments are processed through the unit [in a case for which the
|
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Title IV-D agency is not providing services]. |
|
(g-1) A fee authorized under this section for providing |
|
child support enforcement services is part of the child support |
|
obligation if the obligor is responsible for the fee, and may be |
|
enforced against the obligor through any method available for the |
|
enforcement of child support, including contempt. |
|
SECTION 24. Section 233.019, Family Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) A child support order issued by a tribunal of another |
|
state and filed with an agreed review order as an exhibit to the |
|
agreed review order shall be treated as a confirmed order without |
|
the necessity of registration under Subchapter G, Chapter 159. |
|
SECTION 25. Subsection (a), Section 234.008, Family Code, |
|
is amended to read as follows: |
|
(a) Not [Except as provided by Subsection (c) or (d), not] |
|
later than the second business day after the date the state |
|
disbursement unit receives a child support payment, the state |
|
disbursement unit shall distribute the payment to the Title IV-D |
|
agency or the obligee. |
|
SECTION 26. Subchapter A, Chapter 234, Family Code, is |
|
amended by adding Section 234.012 to read as follows: |
|
Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE |
|
REGISTRY. Unless prohibited by a court in accordance with Section |
|
105.006(c), the state case registry shall, on request and to the |
|
extent permitted by federal law, provide the information required |
|
under Sections 105.006 and 105.008 in any case included in the |
|
registry under Section 234.001(b) to: |
|
(1) any party to the proceeding; |
|
(2) an amicus attorney; |
|
(3) an attorney ad litem; |
|
(4) a friend of the court; |
|
(5) a guardian ad litem; |
|
(6) a domestic relations office; |
|
(7) a prosecuting attorney or juvenile court acting in |
|
a proceeding under Title 3; or |
|
(8) a governmental entity or court acting in a |
|
proceeding under Chapter 262. |
|
SECTION 27. The following provisions of the Family Code are |
|
repealed: |
|
(1) Subsection (a-1), Section 231.006; |
|
(2) Section 231.011; |
|
(3) Subsection (d), Section 231.103; |
|
(4) Section 231.310; |
|
(5) Subsections (c), (d), and (e), Section 234.008; |
|
and |
|
(6) Chapter 235. |
|
SECTION 28. (a) The changes in law made by this Act to |
|
Sections 157.311, 157.313, and 157.317, Family Code, apply only to |
|
a child support lien notice or suit filed on or after the effective |
|
date of this Act. A child support lien notice or suit filed before |
|
the effective date of this Act is governed by the law in effect on |
|
the date the lien notice or suit was filed, and the former law is |
|
continued in effect for that purpose. |
|
(b) Section 157.314, Family Code, as amended by this Act, |
|
and Subsection (f), Section 157.327, Family Code, as added by this |
|
Act, apply only to a financial institution that receives a lien |
|
notice or notice of levy under those sections on or after the |
|
effective date of this Act. A financial institution that receives a |
|
lien notice or notice of levy under those sections before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the lien notice or notice of levy is received, and the former |
|
law is continued in effect for that purpose. |
|
(c) The changes in law made by this Act to Section 158.506, |
|
Family Code, apply only to an administrative writ of withholding |
|
issued on or after the effective date of this Act. An |
|
administrative writ of withholding issued before the effective date |
|
of this Act is governed by the law in effect at the time the |
|
administrative writ is issued, and the former law is continued in |
|
effect for that purpose. |
|
(d) The changes in law made by this Act to Section 231.103, |
|
Family Code, apply only to fees that are incurred on or after the |
|
date that the rules adopted in accordance with that section take |
|
effect. |
|
(e) The changes in law made by this Act relating to a court |
|
order establishing paternity or the obligation to pay child support |
|
apply only to a suit affecting the parent-child relationship filed |
|
on or after the effective date of this Act. A suit affecting the |
|
parent-child relationship filed before the effective date of this |
|
Act is governed by the law in effect on the date the suit was filed, |
|
and the former law is continued in effect for that purpose. |
|
(f) The changes in law made by this Act relating to the |
|
modification or enforcement of a child support order rendered |
|
before the effective date of this Act apply only to a proceeding for |
|
modification or enforcement that is commenced on or after the |
|
effective date of this Act. A proceeding for modification or |
|
enforcement that is commenced before the effective date of this Act |
|
is governed by the law in effect on the date the proceeding was |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 29. This Act takes effect September 1, 2007. |