| 1 | 1 | | 81R21162 KKA-F |
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| 2 | 2 | | By: Truitt H.B. No. 3053 |
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| 3 | 3 | | Substitute the following for H.B. No. 3053: |
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| 4 | 4 | | By: Hughes C.S.H.B. No. 3053 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to child support liens on real property. |
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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. Subchapter G, Chapter 157, Family Code, is |
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| 12 | 12 | | amended by adding Section 157.3171 to read as follows: |
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| 13 | 13 | | Sec. 157.3171. RELEASE OF LIEN ON HOMESTEAD PROPERTY. (a) |
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| 14 | 14 | | An obligor who believes that a child support lien has attached to |
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| 15 | 15 | | real property of the obligor that is the obligor's homestead, as |
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| 16 | 16 | | defined by Section 41.002, Property Code, may file an affidavit to |
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| 17 | 17 | | release the lien against the homestead in the same manner that a |
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| 18 | 18 | | judgment debtor may file an affidavit under Section 52.0012, |
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| 19 | 19 | | Property Code, to release a judgment lien against a homestead. |
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| 20 | 20 | | (b) Except as provided by Subsection (c), the obligor must |
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| 21 | 21 | | comply with all requirements imposed by Section 52.0012, Property |
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| 22 | 22 | | Code. For purposes of complying with that section, the obligor is |
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| 23 | 23 | | considered to be a judgment debtor under that section and the |
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| 24 | 24 | | claimant under the child support lien is considered to be a judgment |
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| 25 | 25 | | creditor under that section. |
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| 26 | 26 | | (c) For purposes of Section 52.0012(d)(2), Property Code, |
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| 27 | 27 | | and the associated text in the affidavit required by Section |
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| 28 | 28 | | 52.0012(f), Property Code, the obligor is required only to send the |
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| 29 | 29 | | letter and affidavit described in those provisions to the claimant |
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| 30 | 30 | | under the child support lien at the claimant's last known address. |
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| 31 | 31 | | (d) The claimant under the child support lien may dispute |
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| 32 | 32 | | the obligor's affidavit by filing a contradicting affidavit in the |
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| 33 | 33 | | manner provided by Section 52.0012(e), Property Code. |
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| 34 | 34 | | (e) Subject to Subsection (f), an affidavit filed by an |
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| 35 | 35 | | obligor under this section has the same effect with respect to a |
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| 36 | 36 | | child support lien as an affidavit filed under Section 52.0012, |
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| 37 | 37 | | Property Code, has with respect to a judgment lien. |
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| 38 | 38 | | (f) If the claimant files a contradicting affidavit as |
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| 39 | 39 | | described by Subsection (d), the issue of whether the real property |
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| 40 | 40 | | is subject to the lien must be resolved in an action brought for |
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| 41 | 41 | | that purpose in the district court of the county in which the real |
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| 42 | 42 | | property is located and the lien was filed. |
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| 43 | 43 | | SECTION 2. Section 157.318, Family Code, is amended by |
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| 44 | 44 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 45 | 45 | | follows: |
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| 46 | 46 | | (a) Subject to Subsection (d), a [A] lien is effective until |
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| 47 | 47 | | all current support and child support arrearages, including |
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| 48 | 48 | | interest, any costs and reasonable attorney's fees, and any Title |
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| 49 | 49 | | IV-D service fees authorized under Section 231.103 for which the |
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| 50 | 50 | | obligor is responsible, have been paid or the lien is otherwise |
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| 51 | 51 | | released as provided by this subchapter. |
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| 52 | 52 | | (d) A lien is effective with respect to real property until |
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| 53 | 53 | | the 10th anniversary of the date on which the lien notice was filed |
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| 54 | 54 | | with the county clerk. A lien subject to the limitation prescribed |
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| 55 | 55 | | by this subsection may be renewed for subsequent 10-year periods by |
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| 56 | 56 | | filing a renewed lien notice in the same manner as the original lien |
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| 57 | 57 | | notice. For purposes of establishing priority, a renewed lien |
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| 58 | 58 | | notice filed before the applicable 10th anniversary relates back to |
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| 59 | 59 | | the date the original lien notice was filed. A renewed lien notice |
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| 60 | 60 | | filed on or after the applicable 10th anniversary has priority over |
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| 61 | 61 | | any other lien recorded with respect to the real property only on |
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| 62 | 62 | | the basis of the date the renewed lien notice is filed. |
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| 63 | 63 | | SECTION 3. Section 231.002(h), Family Code, is repealed. |
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| 64 | 64 | | SECTION 4. The changes in law made by this Act to Section |
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| 65 | 65 | | 157.318, Family Code, apply only to a child support lien notice that |
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| 66 | 66 | | is filed on or after the effective date of this Act. |
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| 67 | 67 | | SECTION 5. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2009. |
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