83R15182 JSC-D
 
  By: Thompson of Harris H.B. No. 389
 
  Substitute the following for H.B. No. 389:
 
  By:  Hernandez Luna C.S.H.B. No. 389
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of spousal maintenance agreements and
  property distribution agreements incident to divorce or annulment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter B, Chapter 8, Family
  Code, is amended to read as follows:
  SUBCHAPTER B.  SPOUSAL [COURT-ORDERED] MAINTENANCE
         SECTION 2.  The heading to Section 8.051, Family Code, is
  amended to read as follows:
         Sec. 8.051.  ELIGIBILITY FOR MAINTENANCE[; COURT ORDER].
         SECTION 3.  Section 8.059, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The court may enforce by contempt against the obligor:
               (1)  the court's maintenance order; or
               (2)  an agreement for periodic payments [the payment]
  of spousal maintenance under the terms of this chapter voluntarily
  entered into between the parties and approved by the court.
         (a-1)  The court may not enforce by contempt any provision of
  an agreed order for maintenance that exceeds the amount of periodic
  support the court could have ordered under this chapter or for any
  period of maintenance beyond the period of maintenance the court
  could have ordered under this chapter.
         SECTION 4.  Section 8.101, Family Code, is amended by adding
  Subsections (a-1) and (a-2) to read as follows:
         (a-1)  The court may order that income be withheld from the
  disposable earnings of the obligor in a proceeding in which there is
  an agreement for periodic payments of spousal maintenance under the
  terms of this chapter voluntarily entered into between the parties
  and approved by the court.
         (a-2)  The court may not order that income be withheld from
  the disposable earnings of the obligor to the extent that any
  provision of an agreed order for maintenance exceeds the amount of
  periodic support the court could have ordered under this chapter or
  for any period of maintenance beyond the period of maintenance the
  court could have ordered under this chapter.
         SECTION 5.  Section 9.001(a), Family Code, is amended to
  read as follows:
         (a)  A party affected by a decree of divorce or annulment
  providing for a division of property as provided by Chapter 7,
  including a division of property and any contractual provisions
  under the terms of an agreement incident to divorce or annulment
  under Section 7.006 that was approved by the court, may request
  enforcement of that decree by filing a suit to enforce as provided
  by this chapter in the court that rendered the decree.
         SECTION 6.  Section 9.002, Family Code, is amended to read as
  follows:
         Sec. 9.002.  CONTINUING AUTHORITY TO ENFORCE DECREE. The
  court that rendered the decree of divorce or annulment retains the
  power to enforce the property division as provided by Chapter 7,
  including a property division and any contractual provisions under
  the terms of an agreement incident to divorce or annulment under
  Section 7.006 that was approved by the court.
         SECTION 7.  Sections 9.006(a) and (b), Family Code, are
  amended to read as follows:
         (a)  Except as provided by this subchapter and by the Texas
  Rules of Civil Procedure, the court may render further orders to
  enforce the division of property made or approved in the decree of
  divorce or annulment to assist in the implementation of or to
  clarify the prior order.
         (b)  The court may specify more precisely the manner of
  effecting the property division previously made or approved if the
  substantive division of property is not altered or changed.
         SECTION 8.  Section 9.009, Family Code, is amended to read as
  follows:
         Sec. 9.009.  DELIVERY OF PROPERTY. To enforce the division
  of property made or approved in a decree of divorce or annulment,
  the court may make an order to deliver the specific existing
  property awarded, without regard to whether the property is of
  especial value, including an award of an existing sum of money or
  its equivalent.
         SECTION 9.  (a)  The changes in law made by this Act to
  Chapter 8, Family Code, apply to an order for maintenance or a
  maintenance agreement under Subchapter B, Chapter 8, Family Code,
  regardless of whether the order was rendered or the agreement was
  approved before, on, or after the effective date of this Act.
         (b)  The changes in law made by this Act to Chapter 9, Family
  Code, apply to the enforcement of a property division and any
  contractual provisions under the terms of an agreement incident to
  divorce or annulment under Section 7.006, Family Code, that was
  approved by the court regardless of whether the agreement was
  approved or the decree of divorce or annulment was rendered before,
  on, or after the effective date of this Act.
         SECTION 10.  This Act takes effect September 1, 2013.