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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of the child support obligation of a |
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deceased child support obligor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.006(a), Family Code, is amended to |
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read as follows: |
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(a) Unless otherwise agreed in writing or expressly |
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provided in the order or as provided by Subsection (b), the child |
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support order terminates on: |
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(1) the marriage of the child; |
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(2) the removal of the child's disabilities for |
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general purposes; |
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(3) the death of[:
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[(A)] the child; or |
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[(B)a parent ordered to pay child support; or] |
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(4) a finding by a court that the child: |
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(A) is 18 years of age or older; and |
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(B) has failed to comply with the enrollment or |
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attendance requirements described by Section 154.002(a). |
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SECTION 2. Subchapter A, Chapter 154, Family Code, is |
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amended by adding Sections 154.015 and 154.016 to read as follows: |
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Sec. 154.015. ACCELERATION OF UNPAID CHILD SUPPORT |
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OBLIGATION. (a) In this section, "estate" has the meaning assigned |
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by Section 3, Texas Probate Code. |
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(b) If the child support obligor dies before the child |
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support obligation terminates, the remaining unpaid balance of the |
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child support obligation becomes payable on the date the obligor |
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dies, unless a life insurance policy meeting the requirements of |
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Section 154.016 is in effect on the date the child support obligor |
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dies. |
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(c) For the purpose of this section only, the unpaid child |
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support obligation shall be calculated by multiplying the amount of |
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the monthly child support obligation owed to each child on the date |
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the obligor dies by the number of months from the date the obligor |
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dies until the child's 18th birthday. |
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(d) The child has a claim against the obligor's estate for |
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the unpaid child support obligation determined under Subsection |
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(c). The child may present the claim in the manner provided by the |
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Texas Probate Code. |
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Sec. 154.016. PROVISION OF SUPPORT IN THE EVENT OF DEATH OF |
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PARENT. (a) The court may order a child support obligor to maintain |
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a life insurance policy that will pay a death benefit or annuity to |
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the child who is the subject of the child support order. The policy |
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may be a decreasing term life insurance policy or other type of |
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insurance policy. |
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(b) The amount of the death benefit or annuity paid under |
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the life insurance policy must be equal to or greater than the |
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remaining unpaid balance of the child support obligation. |
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(c) The court may require a child support obligor ordered to |
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maintain a life insurance policy to produce evidence to the court's |
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satisfaction that the obligor has obtained the insurance policy and |
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that the insurance policy remains in effect. |
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SECTION 3. Section 322, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 322. CLASSIFICATION OF CLAIMS AGAINST ESTATES OF |
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DECEDENT. Claims against an estate of a decedent shall be |
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classified and have priority of payment, as follows: |
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Class 1. Funeral expenses and expenses of last sickness for a |
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reasonable amount to be approved by the court, not to exceed a total |
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of Fifteen Thousand Dollars, with any excess to be classified and |
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paid as other unsecured claims. |
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Class 2. Expenses of administration and expenses incurred in |
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the preservation, safekeeping, and management of the estate, |
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including fees and expenses awarded under Section 243 of this code, |
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and unpaid expenses of administration awarded in a guardianship of |
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the decedent. |
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Class 3. Secured claims for money under Section 306(a)(1), |
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including tax liens, so far as the same can be paid out of the |
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proceeds of the property subject to such mortgage or other lien, and |
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when more than one mortgage, lien, or security interest shall exist |
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upon the same property, they shall be paid in order of their |
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priority. |
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Class 4. Claims for the principal amount of and accrued |
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interest on delinquent child support and child support arrearages |
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that have been confirmed and reduced to money judgment, as |
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determined under Subchapter F, Chapter 157, Family Code, and claims |
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for unpaid child support obligations under Section 154.015, Family |
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Code. |
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Class 5. Claims for taxes, penalties, and interest due under |
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Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes; Section |
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81.111, Natural Resources Code; the Municipal Sales and Use Tax Act |
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(Chapter 321, Tax Code); Section 451.404, Transportation Code; or |
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Subchapter I, Chapter 452, Transportation Code. |
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Class 6. Claims for the cost of confinement established by |
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the institutional division of the Texas Department of Criminal |
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Justice under Section 501.017, Government Code. |
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Class 7. Claims for repayment of medical assistance payments |
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made by the state under Chapter 32, Human Resources Code, to or for |
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the benefit of the decedent. |
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Class 8. All other claims. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made in this Act by the amendment of |
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Section 154.006(a) and the addition of Section 154.016, Family |
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Code, apply to an order for child support issued before, on, or |
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after the effective date of this Act. |
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(b) The changes in law made in this Act by the addition of |
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Section 154.015, Family Code, and the amendment of Section 322, |
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Texas Probate Code, apply only to the estate of a decedent who dies |
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on or after the effective date of this Act. The estate of a decedent |
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who dies before the effective date of this Act is governed by the |
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law in effect on the date of the decedent's death, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |