By: Duncan S.B. No. 2324

(In the Senate - Filed March 13, 2009; March 31, 2009, read first time and referred to Committee on State Affairs; April 17, 2009, reported favorably by the following vote: Yeas 7, Nays 0; April 17, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3.202, Family Code, is amended by adding Subsection (e) to read as follows:

(e) For purposes of this section, all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various public retirement system accounts of this state are community property subject to the participating spouse's sole management, control, and disposition and are not subject to any claim for payment of a criminal restitution judgment entered against the nonparticipant spouse except to the extent of the nonparticipant spouse's interest as determined in a qualified domestic relations order under Chapter 804, Government Code.

SECTION 2. This Act applies only to a claim for payment of a criminal restitution judgment issued on or after the effective date of this Act. A claim for payment of a criminal restitution judgment issued before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.

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