83R3172 EES-D
 
  By: Giddings H.B. No. 358
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the grounds for modification of a child support order.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 156.401(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (a-1), (a-2), or (b),
  the court may modify an order that provides for the support of a
  child, including an order for health care coverage under Section
  154.182, if:
               (1)  the circumstances of the child or a person
  affected by the order have materially and substantially changed
  since the earlier of:
                     (A)  the date of the order's rendition; or
                     (B)  the date of the signing of a mediated or
  collaborative law settlement agreement on which the order is based;
  or
               (2)  it has been two [three] years since the order was
  rendered or last modified and the monthly amount of the child
  support award under the order differs by either 10 [20] percent or
  $50 [$100] from the amount that would be awarded in accordance with
  the child support guidelines.
         SECTION 2.  Section 233.013(b), Family Code, is amended to
  read as follows:
         (b)  If it has been two [three] years since a child support
  order was rendered or last modified and the amount of the child
  support award under the order differs by either 10 [20] percent or
  $50 [$100] from the amount that would be awarded under the child
  support guidelines, the Title IV-D agency shall file an appropriate
  child support review order, including an order that has the effect
  of modifying an existing court or administrative order for child
  support without the necessity of filing a motion to modify.
         SECTION 3.  The change in law made by this Act to Section
  156.401, Family Code, applies only to a suit for modification
  pending before a trial court on or filed on or after the effective
  date of this Act.
         SECTION 4.  This Act takes effect September 1, 2013.