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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for failure to comply with a child support |
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lien, court order, or notice of levy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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) 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 hearing, |
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fails to surrender on demand nonexempt personal property as |
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directed by a court under this subchapter is liable to the claimant |
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in an amount equal to the greater of two times the value of the |
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property paid over, released, sold, transferred, encumbered, |
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conveyed, or otherwise disposed of or not surrendered or $5,000, |
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but not to exceed the amount of the child support arrearages for |
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which the lien 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) Fifty percent of the amount paid by a person to the |
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claimant under Subsection (a) shall be credited against the child |
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support arrearages owed by the obligor. |
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(d) A financial institution is not liable under this section |
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for the disposition of assets in an account if the child support |
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lien does not contain either the account number or the social |
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security number of an account owner of record. |
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SECTION 2. Section 157.330, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) A person who possesses or has a right to property that is |
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the subject of a notice of levy delivered to the person and who |
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refuses or fails to timely surrender the property or right to |
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property that should have been paid or delivered to the claimant on |
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demand is liable to the claimant in an amount equal to the greater |
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of two times the value of the property or right to property that |
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should have been paid or delivered or $5,000, [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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(c) Fifty percent of the amount paid by a person to the |
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claimant under Subsection (a) shall be credited against the child |
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support arrearages owed by the obligor. |
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(d) A financial institution is not liable under this section |
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for the disposition of assets in an account if the notice of levy |
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does not contain either the account number or the social security |
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number of an account owner of record. |
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SECTION 3. This Act takes effect September 1, 2009. |