82R1909 NAJ-F
 
  By: Fletcher H.B. No. 228
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of criminal nonsupport.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.05, Penal Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  An individual commits an offense if the individual
  intentionally or knowingly fails to provide support for:
               (1)  the individual's child younger than 18 years of
  age;[,] or
               (2)  [for] the individual's child who is the subject of
  a court order requiring the individual to support the child.
         (a-1)  For purposes of Subsection (a)(2), an individual
  knowingly fails to provide support for the individual's child if
  the individual:
               (1)  knows or should have known that the individual or
  entity that is designated in the court order to initially receive a
  child support payment from the individual did not receive the
  payment on or before the fifth day after the due date for that
  payment as specified by the court order; or
               (2)  for a failure to provide support for the
  individual's child, is held in contempt by a court with continuing,
  exclusive jurisdiction over the child and subsequently continues
  the child support payment practices that resulted in the individual
  being held in contempt.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2011.