81R5307 PEP-D
By: Leibowitz H.B. No. 2415
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of a court order requiring an inmate
imprisoned in the Texas Department of Criminal Justice to pay child
support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.014(e), Government Code, is amended
to read as follows:
(e) On notification by a court, the department shall
withdraw from an inmate's account any amount the inmate is ordered
to pay by order of the court under this subsection. On receipt of a
valid court order requiring an inmate to pay child support, the
department shall withdraw the appropriate amount from the inmate's
account under this subsection, regardless of whether the court
order is provided by the court or another person. The department
shall make a payment under this subsection as ordered by the court
to either the court or the party specified in the court order. The
department is not liable for withdrawing or failing to withdraw
money or making payments or failing to make payments under this
subsection. The department shall make withdrawals and payments
from an inmate's account under this subsection according to the
following schedule of priorities:
(1) as payment in full for all orders for child
support;
(2) as payment in full for all orders for restitution;
(3) as payment in full for all orders for
reimbursement of the Health and [Texas Department of] Human
Services Commission for financial assistance provided for the
child's health needs under Chapter 31, Human Resources Code, to a
child of the inmate;
(4) as payment in full for all orders for court fees
and costs;
(5) as payment in full for all orders for fines; and
(6) as payment in full for any other court order,
judgment, or writ.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.