| 1 | 1 | | 81R5307 PEP-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 2415 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement of a court order requiring an inmate |
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| 8 | 8 | | imprisoned in the Texas Department of Criminal Justice to pay child |
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| 9 | 9 | | support. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 501.014(e), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (e) On notification by a court, the department shall |
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| 14 | 14 | | withdraw from an inmate's account any amount the inmate is ordered |
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| 15 | 15 | | to pay by order of the court under this subsection. On receipt of a |
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| 16 | 16 | | valid court order requiring an inmate to pay child support, the |
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| 17 | 17 | | department shall withdraw the appropriate amount from the inmate's |
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| 18 | 18 | | account under this subsection, regardless of whether the court |
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| 19 | 19 | | order is provided by the court or another person. The department |
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| 20 | 20 | | shall make a payment under this subsection as ordered by the court |
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| 21 | 21 | | to either the court or the party specified in the court order. The |
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| 22 | 22 | | department is not liable for withdrawing or failing to withdraw |
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| 23 | 23 | | money or making payments or failing to make payments under this |
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| 24 | 24 | | subsection. The department shall make withdrawals and payments |
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| 25 | 25 | | from an inmate's account under this subsection according to the |
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| 26 | 26 | | following schedule of priorities: |
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| 27 | 27 | | (1) as payment in full for all orders for child |
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| 28 | 28 | | support; |
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| 29 | 29 | | (2) as payment in full for all orders for restitution; |
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| 30 | 30 | | (3) as payment in full for all orders for |
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| 31 | 31 | | reimbursement of the Health and [Texas Department of] Human |
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| 32 | 32 | | Services Commission for financial assistance provided for the |
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| 33 | 33 | | child's health needs under Chapter 31, Human Resources Code, to a |
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| 34 | 34 | | child of the inmate; |
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| 35 | 35 | | (4) as payment in full for all orders for court fees |
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| 36 | 36 | | and costs; |
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| 37 | 37 | | (5) as payment in full for all orders for fines; and |
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| 38 | 38 | | (6) as payment in full for any other court order, |
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| 39 | 39 | | judgment, or writ. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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