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A BILL TO BE ENTITLED
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AN ACT
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relating to a child support lien and notice of levy for the |
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enforcement of child support obligations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.313, Family Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsection (f) to |
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read as follows: |
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(a) Except as provided by Subsection (e), a child support |
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lien notice must contain: |
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(1) the name and address of the person to whom the |
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notice is being sent; |
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(2) the style, docket or cause number, and identity of |
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the tribunal of this or another state having continuing |
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jurisdiction of the child support action and, if the case is a Title |
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IV-D case, the case number; |
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(3) the full name, address, and, if known, the birth |
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date, driver's license number, social security number, and any |
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aliases of the obligor; |
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(4) the full name and, if known, social security |
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number of the obligee; |
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(5) the amount of the current or prospective child |
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support obligation, the frequency with which current or prospective |
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child support is ordered to be paid, and the amount of child support |
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arrearages owed by the obligor and the date of the signing of the |
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court order, administrative order, or writ that determined the |
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arrearages or the date and manner in which the arrearages were |
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determined; |
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(6) the rate of interest specified in the court order, |
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administrative order, or writ or, in the absence of a specified |
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interest rate, the rate provided for by law; |
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(7) the name and address of the person or agency |
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asserting the lien; |
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(8) the motor vehicle identification number as shown |
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on the obligor's title if the property is a motor vehicle; |
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(9) a statement that the lien attaches to all |
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nonexempt real and personal property of the obligor that is located |
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or recorded in the state, including any property specifically |
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identified in the notice and any property acquired after the date of |
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filing or delivering the notice; |
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(10) a statement that any ordered child support not |
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timely paid in the future constitutes a final judgment for the |
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amount due and owing, including interest, and accrues up to an |
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amount that may not exceed the lien amount; and |
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(11) a statement that the obligor is being provided a |
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copy of the lien notice and that the obligor may dispute the |
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arrearage amount by filing suit under Section 157.323. |
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(c) Except as provided by Subsection (e), the [The] lien |
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notice must be verified. |
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(e) A notice of a lien for child support under this section |
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may be in the form authorized by federal law or regulation. The |
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federal form of lien notice does not require verification when used |
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by the Title IV-D agency. |
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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 2. Subsection (a-1), Section 157.317, Family Code, |
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is amended to read as follows: |
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(a-1) A lien attaches to all property owned or acquired on |
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or after the date the lien notice or abstract of judgment is filed |
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with the county clerk of the county in which the property is |
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located, with the court clerk as to property or claims in |
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litigation, or, as to property of the obligor in the possession or |
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control of a third party, from the date the lien notice is delivered |
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to [filed with] that party. |
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SECTION 3. Subsection (a), Section 157.318, Family Code, is |
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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 4. Section 157.324, Family Code, is amended to read |
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as follows: |
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Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR |
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LIEN. A person who knowingly disposes of property subject to a |
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child support lien or[,] who, after a foreclosure hearing, fails to |
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surrender on demand nonexempt personal property as directed by a |
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court [or administrative order] under this subchapter[, or who
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fails to comply with a notice of levy under this subchapter] is |
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liable to the claimant in an amount equal to the value of the |
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property disposed of or not surrendered, not to exceed the amount of |
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the child support arrearages for which the lien[, notice of levy,] |
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or foreclosure judgment was issued. |
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SECTION 5. Section 157.327, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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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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(f) A financial institution may deduct the fees and costs |
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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 6. Section 157.330, Family Code, is amended to read |
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as follows: |
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Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF |
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LEVY. (a) A person who possesses or has a right to property that |
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is the subject of a notice of levy delivered to the person and who |
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refuses to surrender the property or right to property to the |
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claimant on demand is liable to the claimant in an amount equal to |
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the value of the property or right to property not surrendered, [but
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that does] not to exceed the amount of the child support arrearages |
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for which the 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 7. (a) Except as otherwise provided by this |
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section, the changes in law made by this Act apply to a child |
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support lien or levy in effect on the effective date of this Act or |
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filed on or after that date. |
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(b) Section 157.313, Family Code, as amended by this Act, |
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applies only to a child support lien notice filed or delivered on or |
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after the effective date of this Act. A child support lien notice |
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filed or delivered before that date is governed by the law in effect |
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on the date the notice was filed or delivered, and the former law is |
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continued in effect for that purpose. |
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(c) The changes in law made by this Act by the amendment of |
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Section 157.327, Family Code, apply only to a notice of levy |
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delivered to a financial institution on or after the effective date |
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of this Act. A notice of levy delivered to a financial institution |
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before the effective date of this Act is governed by the law in |
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effect on the date the notice was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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