| |
|
|
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 who knowingly pays over, releases, sells, |
|
|
transfers, encumbers, conveys, or otherwise 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 two 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 claimant may recover costs and reasonable attorney's |
|
|
fees incurred in an action under this section. |
|
|
(c) Fifty percent of the amount paid by a person to the |
|
|
claimant under Subsection (a) 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 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 (c) and (d) to read |
|
|
as follows: |
|
|
(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 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 two 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. |
|
|
(c) Fifty percent of the amount paid by a person to the |
|
|
claimant under Subsection (a) 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. |
|
|
|
|
|
* * * * * |