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A BILL TO BE ENTITLED
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AN ACT
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relating to child support liens on real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 157, Family Code, is |
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amended by adding Section 157.3171 to read as follows: |
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Sec. 157.3171. RELEASE OF LIEN ON HOMESTEAD PROPERTY. |
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(a) An obligor who believes that a child support lien has attached |
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to real property of the obligor that is the obligor's homestead, as |
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defined by Section 41.002, Property Code, may file an affidavit to |
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release the lien against the homestead in the same manner that a |
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judgment debtor may file an affidavit under Section 52.0012, |
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Property Code, to release a judgment lien against a homestead. |
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(b) Except as provided by Subsection (c), the obligor must |
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comply with all requirements imposed by Section 52.0012, Property |
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Code. For purposes of complying with that section, the obligor is |
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considered to be a judgment debtor under that section and the |
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claimant under the child support lien is considered to be a judgment |
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creditor under that section. |
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(c) For purposes of Section 52.0012(d)(2), Property Code, |
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and the associated text in the affidavit required by Section |
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52.0012(f), Property Code, the obligor is required only to send the |
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letter and affidavit described in those provisions to the claimant |
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under the child support lien at the claimant's last known address. |
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(d) The claimant under the child support lien may dispute |
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the obligor's affidavit by filing a contradicting affidavit in the |
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manner provided by Section 52.0012(e), Property Code. |
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(e) Subject to Subsection (f), an affidavit filed by an |
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obligor under this section has the same effect with respect to a |
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child support lien as an affidavit filed under Section 52.0012, |
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Property Code, has with respect to a judgment lien. |
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(f) If the claimant files a contradicting affidavit as |
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described by Subsection (d), the issue of whether the real property |
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is subject to the lien must be resolved in an action brought for |
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that purpose in the district court of the county in which the real |
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property is located and the lien was filed. |
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SECTION 2. Section 157.318, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Subject to Subsection (d), a [A] lien is effective until |
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all current support and child support arrearages, including |
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interest, any costs and reasonable attorney's fees, and any Title |
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IV-D service fees authorized under Section 231.103 for which the |
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obligor is responsible, have been paid or the lien is otherwise |
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released as provided by this subchapter. |
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(d) A lien is effective with respect to real property until |
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the 10th anniversary of the date on which the lien notice was filed |
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with the county clerk. A lien subject to the limitation prescribed |
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by this subsection may be renewed for subsequent 10-year periods by |
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filing a renewed lien notice in the same manner as the original lien |
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notice. For purposes of establishing priority, a renewed lien |
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notice filed before the applicable 10th anniversary relates back to |
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the date the original lien notice was filed. A renewed lien notice |
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filed on or after the applicable 10th anniversary has priority over |
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any other lien recorded with respect to the real property only on |
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the basis of the date the renewed lien notice is filed. |
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SECTION 3. Subsection (h), Section 231.002, Family Code, is |
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repealed. |
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SECTION 4. The changes in law made by this Act to Section |
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157.318, Family Code, apply only to a child support lien notice that |
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is filed on or after the effective date of this Act. |
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SECTION 5. 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, 2009. |