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A BILL TO BE ENTITLED
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AN ACT
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relating to the classification of certain types of marital property |
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in regards to claims for payment of a criminal restitution |
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judgment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.202, Family Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) For purposes of this section, all retirement |
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allowances, annuities, accumulated contributions, optional |
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benefits, and money in the various public retirement system |
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accounts of this state that are community property subject to the |
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participating spouse's sole management, control, and disposition |
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are not subject to any claim for payment of a criminal restitution |
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judgment entered against the nonparticipant spouse except to the |
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extent of the nonparticipant spouse's interest as determined in a |
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qualified domestic relations order under Chapter 804, Government |
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Code. |
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SECTION 2. This Act applies only to a claim for payment of a |
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criminal restitution judgment issued on or after the effective date |
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of this Act. A claim for payment of a criminal restitution judgment |
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issued before the effective date of this Act is governed by the law |
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as it existed immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |