By: Harris S.B. No. 429
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a child support lien and notice of levy for the
enforcement of child support obligations.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 157.313, Family Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsection (f) to
read as follows:
       (a)  Except as provided by Subsection (e), a child support
lien notice must contain:
             (1)  the name and address of the person to whom the
notice is being sent;
             (2)  the style, docket or cause number, and identity of
the tribunal of this or another state having continuing
jurisdiction of the child support action and, if the case is a Title
IV-D case, the case number;
             (3)  the full name, address, and, if known, the birth
date, driver's license number, social security number, and any
aliases of the obligor;
             (4)  the full name and, if known, social security
number of the obligee;
             (5)  the amount of the current or prospective child
support obligation, the frequency with which current or prospective
child support is ordered to be paid, and the amount of child support
arrearages owed by the obligor and the date of the signing of the
court order, administrative order, or writ that determined the
arrearages or the date and manner in which the arrearages were
determined;
             (6)  the rate of interest specified in the court order,
administrative order, or writ or, in the absence of a specified
interest rate, the rate provided for by law;
             (7)  the name and address of the person or agency
asserting the lien;
             (8)  the motor vehicle identification number as shown
on the obligor's title if the property is a motor vehicle;
             (9)  a statement that the lien attaches to all
nonexempt real and personal property of the obligor that is located
or recorded in the state, including any property specifically
identified in the notice and any property acquired after the date of
filing or delivering the notice;
             (10)  a statement that any ordered child support not
timely paid in the future constitutes a final judgment for the
amount due and owing, including interest, and accrues up to an
amount that may not exceed the lien amount; and
             (11)  a statement that the obligor is being provided a
copy of the lien notice and that the obligor may dispute the
arrearage amount by filing suit under Section 157.323.
       (c)  Except as provided by Subsection (e), the [The] lien
notice must be verified.
       (e)  A notice of a lien for child support under this section
may be in the form authorized by federal law or regulation. The
federal form of lien notice does not require verification when used
by the Title IV-D agency.
       (f)  The requirement under Subsections (a)(3) and (4) to
provide a social security number, if known, does not apply to a lien
notice for a lien on real property.
       SECTION 2.  Subsection (a-1), Section 157.317, Family Code,
is amended to read as follows:
       (a-1)  A lien attaches to all property owned or acquired on
or after the date the lien notice or abstract of judgment is filed
with the county clerk of the county in which the property is
located, with the court clerk as to property or claims in
litigation, or, as to property of the obligor in the possession or
control of a third party, from the date the lien notice is delivered
to [filed with] that party.
       SECTION 3.  Subsection (a), Section 157.318, Family Code, is
amended to read as follows:
       (a)  A lien is effective until all current support and child
support arrearages, including interest, [and] any costs and
reasonable attorney's fees, and any Title IV-D service fees
authorized under Section 231.103 for which the obligor is
responsible, have been paid or the lien is otherwise released as
provided by this subchapter.
       SECTION 4.  Section 157.324, Family Code, is amended to read
as follows:
       Sec. 157.324.  LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
LIEN.  A person who knowingly disposes of property subject to a
child support lien or[,] who, after a foreclosure hearing, fails to
surrender on demand nonexempt personal property as directed by a
court [or administrative order] under this subchapter[, or who
fails to comply with a notice of levy under this subchapter] is
liable to the claimant in an amount equal to the value of the
property disposed of or not surrendered, not to exceed the amount of
the child support arrearages for which the lien[, notice of levy,]
or foreclosure judgment was issued.
       SECTION 5.  Section 157.327, Family Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
       (b)  The notice under this section must:
             (1)  identify the amount of child support arrearages
owing at the time the amount of arrearages was determined or, if the
amount is less, the amount of arrearages owing at the time the
notice is prepared and delivered to the financial institution; and
             (2)  direct the financial institution to pay to the
claimant, not earlier than the 15th day or later than the 21st day
after the date of delivery of the notice, an amount from the assets
of the obligor or from funds due to the obligor that are held or
controlled by the institution, not to exceed the amount of the child
support arrearages identified in the notice, unless:
                   (A)  the institution is notified by the claimant
that the obligor has paid the arrearages or made arrangements
satisfactory to the claimant for the payment of the arrearages;
                   (B)  the obligor or another person files a suit
under Section 157.323 requesting a hearing by the court; or
                   (C)  if the claimant is the Title IV-D agency, the
obligor has requested an agency review under Section 157.328.
       (f)  A financial institution may deduct the fees and costs
identified in Subsection (c) from the obligor's assets before
paying the appropriate amount to the claimant.
       SECTION 6.  Section 157.330, Family Code, is amended to read
as follows:
       Sec. 157.330.  FAILURE TO COMPLY WITH NOTICE OF
LEVY.  (a)  A person who possesses or has a right to property that
is the subject of a notice of levy delivered to the person and who
refuses to surrender the property or right to property to the
claimant on demand is liable to the claimant in an amount equal to
the value of the property or right to property not surrendered, [but
that does] not to exceed the amount of the child support arrearages
for which the notice of levy has been filed.
       (b)  A claimant may recover costs and reasonable attorney's
fees incurred in an action under this section.
       SECTION 7.  (a)  Except as otherwise provided by this
section, the changes in law made by this Act apply to a child
support lien or levy in effect on the effective date of this Act or
filed on or after that date.
       (b)  Section 157.313, Family Code, as amended by this Act,
applies only to a child support lien notice filed or delivered on or
after the effective date of this Act. A child support lien notice
filed or delivered before that date is governed by the law in effect
on the date the notice was filed or delivered, and the former law is
continued in effect for that purpose.
       (c)  The changes in law made by this Act by the amendment of
Section 157.327, Family Code, apply only to a notice of levy
delivered to a financial institution on or after the effective date
of this Act. A notice of levy delivered to a financial institution
before the effective date of this Act is governed by the law in
effect on the date the notice was filed, and the former law is
continued in effect for that purpose.
       SECTION 8.  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, 2007.