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A BILL TO BE ENTITLED
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AN ACT
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relating to priority of payments for claims against a decedent's |
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estate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 355.102(d) and (e), Estates Code, are |
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amended to read as follows: |
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(d) Class 3 claims are composed of claims: |
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(1) for the principal amount of and accrued interest |
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on delinquent child support and child support arrearages that have |
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been: |
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(A) confirmed as a judgment or a determination of |
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arrearages by a court under Title 5, Family Code; or |
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(B) administratively determined as evidenced by |
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a certified child support payment record produced by the Title IV-D |
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agency, as defined by Section 101.033, Family Code, in a Title IV-D |
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case, as defined by Section 101.034, Family Code; and |
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(2) for unpaid child support obligations under Section |
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154.015, Family Code [each secured claim for money under Section |
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355.151(a)(1), including a tax lien, to the extent the claim can be |
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paid out of the proceeds of the property subject to the mortgage or |
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other lien. If more than one mortgage, lien, or security interest |
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exists on the same property, the claims shall be paid in order of |
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priority of the mortgage, lien, or security interest securing the |
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debt]. |
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(e) Class 4 claims are composed of each secured claim for |
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money under Section 355.151(a)(1), including a tax lien, to the |
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extent the claim can be paid out of the proceeds of the property |
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subject to the mortgage or other lien. If more than one mortgage, |
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lien, or security interest exists on the same property, the claims |
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shall be paid in order of priority of the mortgage, lien, or |
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security interest securing the debt [claims: |
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[(1) for the principal amount of and accrued interest |
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on delinquent child support and child support arrearages that have |
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been: |
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[(A) confirmed as a judgment or a determination |
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of arrearages by a court under Title 5, Family Code; or |
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[(B) administratively determined as evidenced by |
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a certified child support payment record produced by the Title IV-D |
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agency, as defined by Section 101.033, Family Code, in a Title IV-D |
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case, as defined by Section 101.034, Family Code; and |
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[(2) for unpaid child support obligations under |
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Section 154.015, Family Code]. |
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SECTION 2. Sections 355.102(d) and (e), Estates Code, as |
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amended by this Act, apply only to the estate of a decedent who dies |
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on or after the effective date of this Act. The estate of a decedent |
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who dies before the effective date of this Act is governed by the |
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law in effect on the date of the decedent's death, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |