| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability for failure to comply with a child support |
|
|
lien, court order, or notice of levy. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 157.324, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR |
|
|
LIEN. (a) A person, other than a financial institution, who pays |
|
|
over, releases, sells, transfers, encumbers, conveys, or otherwise |
|
|
[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 under this |
|
|
subchapter is liable to the claimant in an amount equal to the |
|
|
greater of three times the value of the property paid over, |
|
|
released, sold, transferred, encumbered, conveyed, or otherwise |
|
|
disposed of or not surrendered or $5,000, but not to exceed the |
|
|
amount of the child support arrearages for which the lien or |
|
|
foreclosure judgment was issued. |
|
|
(b) A financial institution that pays over, releases, |
|
|
sells, transfers, encumbers, conveys, or otherwise disposes of |
|
|
property subject to a child support lien or that, after a |
|
|
foreclosure hearing, fails to surrender on demand nonexempt |
|
|
personal property as directed by a court under this subchapter is |
|
|
liable to the claimant in an amount equal to the greater of one and |
|
|
one-half times the value of the property paid over, released, sold, |
|
|
transferred, encumbered, conveyed, or otherwise disposed of or not |
|
|
surrendered or $5,000, but not to exceed the amount of the child |
|
|
support arrearages for which the lien or foreclosure judgment was |
|
|
issued. |
|
|
(c) A claimant may recover costs and reasonable attorney's |
|
|
fees incurred in an action under this section. |
|
|
(d) Fifty percent of the amount paid to the claimant under |
|
|
Subsection (a) or (b) shall be credited against the child support |
|
|
arrearages owed by the obligor. |
|
|
(e) A financial institution is not liable under this section |
|
|
for the disposition of assets in an account if the child support |
|
|
lien does not contain either the account number or the social |
|
|
security number of an account owner of record. |
|
|
SECTION 2. Section 157.330, Family Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (a-1), (c), and (d) |
|
|
to read as follows: |
|
|
(a) A person, other than a financial institution, who |
|
|
possesses or has a right to property that is the subject of a notice |
|
|
of levy delivered to the person and who refuses or fails to timely |
|
|
surrender the property or right to property that should have been |
|
|
paid or delivered to the claimant on demand is liable to the |
|
|
claimant in an amount equal to the greater of three times the value |
|
|
of the property or right to property that should have been paid or |
|
|
delivered or $5,000, [not surrendered] but [that does] not to |
|
|
exceed the amount of the child support arrearages for which the |
|
|
notice of levy has been filed. |
|
|
(a-1) A financial institution that possesses or has a right |
|
|
to property that is the subject of a notice of levy delivered to the |
|
|
financial institution and that refuses or fails to timely surrender |
|
|
the property or right to property that should have been paid or |
|
|
delivered to the claimant on demand is liable to the claimant in an |
|
|
amount equal to the greater of one and one-half times the value of |
|
|
the property or right to property that should have been paid or |
|
|
delivered or $5,000, but not to exceed the amount of the child |
|
|
support arrearages for which the notice of levy has been filed. |
|
|
(c) Fifty percent of the amount paid to the claimant under |
|
|
Subsection (a) or (a-1) shall be credited against the child support |
|
|
arrearages owed by the obligor. |
|
|
(d) A financial institution is not liable under this section |
|
|
for the disposition of assets in an account if the notice of levy |
|
|
does not contain either the account number or the social security |
|
|
number of an account owner of record. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |