Texas 2009 - 81st Regular

Texas House Bill HB4228 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6700 KKA-F
2	2	By: Jackson H.B. No. 4228
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to child support enforcement.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 102.009, Family Code, is amended by
10	10	adding Subsection (e) to read as follows:
11	11	(e) In a proceeding under Chapter 233, the requirements
12	12	imposed by Subsections (a) and (c) do not apply to the extent of any
13	13	conflict between those requirements and the provisions in Chapter
14	14	233.
15	15	SECTION 2. Section 102.011(b), Family Code, is amended to
16	16	read as follows:
17	17	(b) The court may also exercise personal jurisdiction over a
18	18	person on whom service of citation is required or over the person's
19	19	personal representative, although the person is not a resident or
20	20	domiciliary of this state, if:
21	21	(1) the person is personally served with citation in
22	22	this state;
23	23	(2) the person submits to the jurisdiction of this
24	24	state by consent, by entering a general appearance, or by filing a
25	25	responsive document having the effect of waiving any contest to
26	26	personal jurisdiction;
27	27	(3) the child resides in this state as a result of the
28	28	acts or directives of the person;
29	29	(4) the person resided with the child in this state;
30	30	(5) the person resided in this state and provided
31	31	prenatal expenses or support for the child;
32	32	(6) the person engaged in sexual intercourse in this
33	33	state and the child may have been conceived by that act of
34	34	intercourse;
35	35	(7) the person, [registered with the paternity
36	36	registry maintained by the bureau of vital statistics] as provided
37	37	by Chapter 160:
38	38	(A) registered with the paternity registry
39	39	maintained by the bureau of vital statistics; or
40	40	(B) signed an acknowledgment of paternity of a
41	41	child born in this state; or
42	42	(8) there is any basis consistent with the
43	43	constitutions of this state and the United States for the exercise
44	44	of the personal jurisdiction.
45	45	SECTION 3. Sections 154.062(b) and (c), Family Code, are
46	46	amended to read as follows:
47	47	(b) Resources include:
48	48	(1) 100 percent of all wage and salary income and other
49	49	compensation for personal services (including commissions,
50	50	overtime pay, tips, and bonuses);
51	51	(2) interest, dividends, and royalty income;
52	52	(3) self-employment income;
53	53	(4) net rental income (defined as rent after deducting
54	54	operating expenses and mortgage payments, but not including noncash
55	55	items such as depreciation); and
56	56	(5) all other income actually being received,
57	57	including severance pay, retirement benefits, pensions, trust
58	58	income, annuities, capital gains, social security benefits other
59	59	than supplemental security income, unemployment benefits,
60	60	disability and workers' compensation benefits, interest income
61	61	from notes regardless of the source, gifts and prizes, spousal
62	62	maintenance, and alimony.
63	63	(c) Resources do not include:
64	64	(1) return of principal or capital;
65	65	(2) accounts receivable; or
66	66	(3) benefits paid in accordance with federal public
67	67	assistance programs [aid for families with dependent children].
68	68	SECTION 4. Sections 154.130(a) and (b), Family Code, are
69	69	amended to read as follows:
70	70	(a) Without regard to Rules 296 through 299, Texas Rules of
71	71	Civil Procedure, in rendering an order of child support, the court
72	72	shall make the findings required by Subsection (b) if:
73	73	(1) a party files a written request with the court not
74	74	later than 10 days after the date of the hearing;
75	75	(2) a party makes an oral request in open court during
76	76	the hearing; or
77	77	(3) the amount of child support ordered by the court
78	78	varies from the amount computed by applying the percentage
79	79	guidelines under Section 154.125 or 154.129, as applicable.
80	80	(b) If findings are required by this section, the court
81	81	shall state whether the application of the guidelines would be
82	82	unjust or inappropriate and shall state the following in the child
83	83	support order:
84	84	"(1) the [monthly] net resources of the obligor per
85	85	month are $______;
86	86	"(2) the [monthly] net resources of the obligee per
87	87	month are $______;
88	88	"(3) the percentage applied to the obligor's net
89	89	resources for child support [by the actual order rendered by the
90	90	court] is ______%; and
91	91	"(4) [the amount of child support if the percentage
92	92	guidelines are applied to the portion of the obligor's net
93	93	resources that does not exceed the amount provided by Section
94	94	154.125(a), Family Code, is $______;
95	95	["(5)] if applicable, the specific reasons that the
96	96	amount of child support per month ordered by the court varies from
97	97	the amount computed by applying the percentage guidelines under
98	98	Section 154.125 or 154.129, as applicable [stated in Subdivision
99	99	(4) are: ______; and
100	100	["(6) if applicable, the obligor is obligated to
101	101	support children in more than one household, and:
102	102	["(A) the number of children before the court is
103	103	______;
104	104	["(B) the number of children not before the court
105	105	residing in the same household with the obligor is ______; and
106	106	["(C) the number of children not before the court
107	107	for whom the obligor is obligated by a court order to pay support,
108	108	without regard to whether the obligor is delinquent in child
109	109	support payments, and who are not counted under Paragraph (A) or (B)
110	110	is ______]."
111	111	SECTION 5. Sections 154.181(b), (c), and (e), Family Code,
112	112	are amended to read as follows:
113	113	(b) Before a hearing on temporary orders or a final order,
114	114	if no hearing on temporary orders is held, the court shall require
115	115	the parties to the proceedings to disclose in a pleading or other
116	116	statement:
117	117	(1) if private health insurance is in effect for the
118	118	child, the identity of the insurance company providing the
119	119	coverage, the policy number, which parent is responsible for
120	120	payment of any insurance premium for the coverage, whether the
121	121	coverage is provided through a parent's employment, and the cost of
122	122	the premium; or
123	123	(2) if private health insurance is not in effect for
124	124	the child, whether:
125	125	(A) the child is receiving medical assistance
126	126	under Chapter 32, Human Resources Code;
127	127	(B) the child is receiving health benefits
128	128	coverage under the state child health plan under Chapter 62, Health
129	129	and Safety Code, and the cost of any premium; and
130	130	(C) either parent has access to private health
131	131	insurance at reasonable cost to the obligor [that parent].
132	132	(c) In rendering temporary orders, the court shall, except
133	133	for good cause shown, order that any health insurance coverage in
134	134	effect for the child continue in effect pending the rendition of a
135	135	final order, except that the court may not require the continuation
136	136	of any health insurance that is not available to the parent at
137	137	reasonable cost to the obligor. If there is no health insurance
138	138	coverage in effect for the child or if the insurance in effect is
139	139	not available at a reasonable cost to the obligor, the court shall,
140	140	except for good cause shown, order health care coverage for the
141	141	child as provided under Section 154.182.
142	142	(e) In this section, "reasonable cost" means the cost of
143	143	health insurance coverage for a child that does not exceed nine
144	144	percent of the obligor's [responsible parent's] annual resources,
145	145	as described by Section 154.062(b), if the obligor is responsible
146	146	under a medical support order for the cost of health insurance
147	147	coverage for only one child. If the obligor is responsible under a
148	148	medical support order for the cost of health insurance coverage for
149	149	more than one child, "reasonable cost" means the total cost of
150	150	health insurance coverage for all children for which the obligor is
151	151	responsible under a medical support order that does not exceed nine
152	152	percent of the obligor's annual resources, as described by Section
153	153	154.062(b).
154	154	SECTION 6. Sections 154.182(a), (b), (b-1), (b-2), and (c),
155	155	Family Code, are amended to read as follows:
156	156	(a) The court shall consider the cost, accessibility, and
157	157	quality of health insurance coverage available to the parties and
158	158	shall give priority to health insurance coverage available through
159	159	the employment of one of the parties if the coverage is available at
160	160	a reasonable cost to the obligor.
161	161	(b) In determining the manner in which health care coverage
162	162	for the child is to be ordered, the court shall render its order in
163	163	accordance with the following priorities, unless a party shows good
164	164	cause why a particular order would not be in the best interest of
165	165	the child:
166	166	(1) if health insurance is available for the child
167	167	through a parent's employment or membership in a union, trade
168	168	association, or other organization at reasonable cost to the
169	169	obligor [parent], the court shall order that parent to include the
170	170	child in the parent's health insurance;
171	171	(2) if health insurance is not available for the child
172	172	under Subdivision (1) but is available to a parent from another
173	173	source and at a reasonable cost to the obligor, the court may order
174	174	that parent to provide health insurance for the child; or
175	175	(3) if health insurance coverage is not available for
176	176	the child under Subdivision (1) or (2), the court shall order the
177	177	obligor to pay the obligee, in addition to any amount ordered under
178	178	the guidelines for child support, an amount, not to exceed the
179	179	maximum amount that the obligor could be required to pay for health
180	180	insurance under this subchapter [nine percent of the obligor's
181	181	monthly resources], as cash medical support for the child.
182	182	(b-1) If the parent ordered to provide health insurance
183	183	under Subsection (b)(1) or (2) is the obligee, the court shall order
184	184	the obligor to pay the obligee, as additional child support, an
185	185	amount equal to the actual cost of health insurance for the child,
186	186	but not to exceed a reasonable cost to the obligor. In calculating
187	187	the actual cost of health insurance for the child, if the obligee
188	188	has other minor dependents covered under the same health insurance
189	189	plan, the court shall divide the total cost to the obligee for the
190	190	insurance by the total number of minor dependents, including the
191	191	child covered under the plan.
192	192	(b-2) If the court finds that neither parent has access to
193	193	private health insurance at a reasonable cost to the obligor, the
194	194	court shall order the parent awarded the exclusive right to
195	195	designate the child's primary residence or, to the extent permitted
196	196	by law, the other parent to apply immediately on behalf of the child
197	197	for participation in a government medical assistance program or
198	198	health plan. If the child participates in a government medical
199	199	assistance program or health plan, the court shall order cash
200	200	medical support under Subsection (b)(3).
201	201	(c) In this section:
202	202	(1) "Accessibility" means the extent to which health
203	203	insurance coverage for a child provides for the availability of
204	204	medical care within a reasonable traveling distance and time from
205	205	the child's primary residence, as determined by the court.
206	206	(2) "Reasonable[, "reasonable] cost" has the meaning
207	207	assigned by Section 154.181(e).
208	208	SECTION 7. Section 154.183(c), Family Code, is amended to
209	209	read as follows:
210	210	(c) As additional child support, the court shall allocate
211	211	between the parties, according to their circumstances:
212	212	(1) [,] the reasonable and necessary health care
213	213	expenses, including vision and dental expenses, of the [of a] child
214	214	that are not reimbursed by health insurance or are not otherwise
215	215	covered by the amount of cash medical support ordered under Section
216	216	154.182(b)(3); and
217	217	(2) amounts paid by either party as deductibles or
218	218	copayments in obtaining health care services for the child covered
219	219	under a health insurance policy.
220	220	SECTION 8. Section 154.187(c), Family Code, is amended to
221	221	read as follows:
222	222	(c) An employer who has received an order or notice under
223	223	this subchapter shall provide to the sender, by first class mail not
224	224	later than the 30th day after the date the employer receives the
225	225	order or notice, a statement that the child:
226	226	(1) has been enrolled in the employer's [a] health
227	227	insurance plan or is already enrolled in another health insurance
228	228	plan in accordance with a previous child support or medical support
229	229	order to which the employee is subject; or
230	230	(2) cannot be enrolled or cannot be enrolled
231	231	permanently in the employer's [a] health insurance plan and provide
232	232	the reason why coverage or permanent coverage cannot be provided.
233	233	SECTION 9. Section 154.191(b), Family Code, is amended to
234	234	read as follows:
235	235	(b) This subchapter does not limit the authority of the
236	236	court to render or modify a medical support order to provide
237	237	[containing a provision] for payment of uninsured health expenses,
238	238	health care costs, or health insurance premiums in a manner
239	239	consistent [that are in addition to and inconsistent] with this
240	240	subchapter.
241	241	SECTION 10. Section 157.005(b), Family Code, is amended to
242	242	read as follows:
243	243	(b) The court retains jurisdiction to confirm the total
244	244	amount of child support arrearages and render a cumulative money
245	245	judgment for past-due child support, as provided by Section
246	246	157.263, if a motion for enforcement requesting a cumulative money
247	247	judgment is filed not later than the 10th anniversary after the
248	248	date:
249	249	(1) the child becomes an adult; or
250	250	(2) on which the child support obligation terminates
251	251	under the child support order or by operation of law.
252	252	SECTION 11. Subchapter A, Chapter 157, Family Code, is
253	253	amended by adding Section 157.009 to read as follows:
254	254	Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS.
255	255	(a) In addition to any other credit or offset available to an
256	256	obligor under this title, if a child for whom the obligor owes child
257	257	support receives a lump-sum or periodic payment as a result of the
258	258	obligor's disability and that payment is made to the obligee as the
259	259	representative payee of the child, the obligor is entitled to a
260	260	credit. The credit under this subsection is equal to the amount of
261	261	the lump-sum or periodic payment and shall be applied to any child
262	262	support arrearage and interest owed by the obligor on behalf of that
263	263	child at the time the payment is made if the arrearage and interest
264	264	accrued during the period of the obligor's disability.
265	265	(b) An obligor is not entitled to a credit under this
266	266	section for any periodic payment for which the obligor has
267	267	previously received an adjustment under Section 154.132.
268	268	SECTION 12. Section 157.162(d), Family Code, is amended to
269	269	read as follows:
270	270	(d) The court may [not] find a respondent in contempt of
271	271	court for failure to pay child support regardless of whether [if]
272	272	the respondent appears at the hearing with a copy of the payment
273	273	record or other evidence [satisfactory to the court] showing that
274	274	the respondent is current in the payment of child support as ordered
275	275	by the court.
276	276	SECTION 13. Section 157.262(f), Family Code, is amended to
277	277	read as follows:
278	278	(f) The money judgment for arrearages rendered by the court
279	279	may be subject to a counterclaim or offset as provided by this title
280	280	[subchapter].
281	281	SECTION 14. Section 157.264, Family Code, is amended by
282	282	adding Subsection (c) to read as follows:
283	283	(c) An order rendered under Subsection (b) does not preclude
284	284	or limit the use of any other means for enforcement of the judgment.
285	285	SECTION 15. Section 157.268, Family Code, is amended to
286	286	read as follows:
287	287	Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
288	288	support collected shall be applied in the following order of
289	289	priority:
290	290	(1) current child support;
291	291	(2) non-delinquent child support owed;
292	292	(3) [interest on the principal amounts specified in
293	293	Subdivisions (4) and (5);
294	294	[(4)] the principal amount of child support that has
295	295	not been confirmed and reduced to money judgment;
296	296	(4) [(5)] the principal amount of child support that
297	297	has been confirmed and reduced to money judgment;
298	298	(5) interest on the principal amounts specified in
299	299	Subdivisions (3) and (4); and
300	300	(6) the amount of any ordered attorney's fees or costs,
301	301	or Title IV-D service fees authorized under Section 231.103 for
302	302	which the obligor is responsible.
303	303	SECTION 16. Section 158.203, Family Code, is amended by
304	304	amending Subsection (b) and adding Subsection (b-1) to read as
305	305	follows:
306	306	(b) An employer with 250 or more employees shall remit a
307	307	payment required under this section [For payments made] by
308	308	electronic funds transfer or electronic data interchange[, the
309	309	employer shall transmit the amount withheld] not later than the
310	310	second business day after the pay date.
311	311	(b-1) An employer with fewer than 250 employees may remit a
312	312	payment required under this section by electronic funds transfer or
313	313	electronic data interchange. A payment remitted by the employer
314	314	electronically must be remitted not later than the date specified
315	315	by Subsection (b).
316	316	SECTION 17. Sections 158.215(a), (b), and (c), Family Code,
317	317	are amended to read as follows:
318	318	(a) In this section, "lump-sum payment" means income in the
319	319	form of a bonus or [commission or] an amount paid in lieu of
320	320	vacation or other leave time. The term does not include an
321	321	employee's usual earnings or an amount paid as severance pay on
322	322	termination of employment.
323	323	(b) This section applies only to an employer who receives an
324	324	administrative writ of withholding in a Title IV-D case [that
325	325	requires that an obligor's income be withheld for child support
326	326	arrearages].
327	327	(c) An employer to whom this section applies may not make a
328	328	lump-sum payment to the obligor in the amount of $500 or more
329	329	without first notifying the Title IV-D agency [that issued the
330	330	writ] to determine whether all or a portion of the payment should be
331	331	applied to [the] child support arrearages owed by the obligor.
332	332	SECTION 18. Section 159.611(a), Family Code, is amended to
333	333	read as follows:
334	334	(a) Except as provided by Section 159.615, on petition a
335	335	tribunal of this state may modify a child support order issued in
336	336	another state and registered in this state only if Section 159.613
337	337	does not apply and after notice and hearing the tribunal finds that:
338	338	(1) the following requirements are met:
339	339	(A) the child, the obligee who is an individual,
340	340	and the obligor do not reside in the issuing state;
341	341	(B) a petitioner who is a nonresident of this
342	342	state seeks modification; and
343	343	(C) the respondent is subject to the personal
344	344	jurisdiction of the tribunal of this state; or
345	345	(2) this state is the state of residence of the child
346	346	[and the child], or a party who is an individual[,] is subject to
347	347	the personal jurisdiction of the tribunal of this state, and all of
348	348	the parties who are individuals have filed consents in a record in
349	349	the issuing tribunal [consents] for a tribunal of this state to
350	350	modify the support order and assume continuing, exclusive
351	351	jurisdiction.
352	352	SECTION 19. Section 160.103(a), Family Code, is amended to
353	353	read as follows:
354	354	(a) Except as provided by Chapter 233, this [This] chapter
355	355	governs every determination of parentage in this state.
356	356	SECTION 20. Section 160.601(b), Family Code, is amended to
357	357	read as follows:
358	358	(b) The proceeding is governed by the Texas Rules of Civil
359	359	Procedure, except as provided by Chapter 233.
360	360	SECTION 21. Section 201.009(e), Family Code, is amended to
361	361	read as follows:
362	362	(e) On a request for a de novo hearing, the referring court
363	363	may consider testimony or other evidence in the record[, if the
364	364	record is taken by a court reporter,] in addition to witnesses or
365	365	other matters presented under Section 201.015.
366	366	SECTION 22. Section 201.015(c), Family Code, is amended to
367	367	read as follows:
368	368	(c) In the de novo hearing before the referring court, the
369	369	parties may present witnesses on the issues specified in the
370	370	request for hearing. The referring court may also consider the
371	371	record from the hearing before the associate judge, including the
372	372	charge to and verdict returned by a jury[, if the record was taken
373	373	by a court reporter].
374	374	SECTION 23. Sections 231.015 and 231.202, Family Code, are
375	375	amended to read as follows:
376	376	Sec. 231.015. INSURANCE REPORTING [PILOT] PROGRAM. (a) In
377	377	consultation with the Texas Department of Insurance and
378	378	representatives of the insurance industry in this state, including
379	379	insurance trade associations, the Title IV-D agency by rule shall
380	380	operate [establish] a [pilot] program to improve the enforcement of
381	381	child support, including the use of child support liens under
382	382	Chapter 157. The [pilot] program shall provide for procedures,
383	383	including data matches, [develop processes] under which insurance
384	384	companies shall [may voluntarily] cooperate with the Title IV-D
385	385	agency in identifying obligors who owe child support arrearages or
386	386	who are subject to liens for child support arrearages to intercept
387	387	certain liability insurance settlements or awards for claims in
388	388	satisfaction of the arrearage amounts.
389	389	(b) An insurance company that provides information or
390	390	[otherwise] responds to a notice of child support lien or levy under
391	391	Subchapter G, Chapter 157, or acts in good faith to comply with
392	392	procedures established by the Title IV-D agency [in the pilot
393	393	program] under this section is not liable for those acts under any
394	394	law to any person.
395	395	Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
396	396	CASES. In a Title IV-D case filed under this title, including a
397	397	case filed under Chapter 159, the Title IV-D agency shall pay only
398	398	the following costs and fees:
399	399	(1) filing fees and fees for issuance and service of
400	400	process as provided by Chapter 110 of this code and by Sections
401	401	51.317 (b)(1), (2), and (3) and (b-1) [51.317], 51.318(b)(2), and
402	402	51.319(2), Government Code;
403	403	(2) fees for transfer as provided by Chapter 110;
404	404	(3) fees for the issuance and delivery of orders and
405	405	writs of income withholding in the amounts provided by Chapter 110;
406	406	(4) the fee that sheriffs and constables are
407	407	authorized to charge for serving process under Section 118.131,
408	408	Local Government Code, for each item of process to each individual
409	409	on whom service is required, including service by certified or
410	410	registered mail, to be paid to a sheriff, constable, or clerk
411	411	whenever service of process is required;
412	412	(5) the fee for filing an administrative writ of
413	413	withholding under Section 158.503(d); and
414	414	(6) the fee for issuance of a subpoena as provided by
415	415	Section 51.318(b)(1), Government Code.
416	416	SECTION 24. Section 232.005(a), Family Code, is amended to
417	417	read as follows:
418	418	(a) A petition under this chapter must state that license
419	419	suspension is required under Section 232.003 and allege:
420	420	(1) the name and, if known, social security number of
421	421	the individual;
422	422	(2) [with regard to each license, the type, and if
423	423	known, number of any license the individual is believed to hold and]
424	424	the name of the licensing authority that issued a [the] license the
425	425	individual is believed to hold; and
426	426	(3) the amount of arrearages owed under the child
427	427	support order or the facts associated with the individual's failure
428	428	to comply with:
429	429	(A) a subpoena; or
430	430	(B) the terms of a court order providing for the
431	431	possession of or access to a child.
432	432	SECTION 25. Section 34.001, Civil Practice and Remedies
433	433	Code, is amended by adding Subsection (c) to read as follows:
434	434	(c) This section does not apply to a judgment for child
435	435	support under the Family Code.
436	436	SECTION 26. Section 12.0011, Property Code, is amended by
437	437	adding Subsection (d) to read as follows:
438	438	(d) This section does not apply to a child support lien
439	439	notice issued by the Title IV-D agency under Chapter 157, Family
440	440	Code. For purposes of this subsection, "Title IV-D agency" has the
441	441	meaning assigned by Section 101.033, Family Code.
442	442	SECTION 27. Section 72.101, Property Code, is amended by
443	443	adding Subsection (e) to read as follows:
444	444	(e) This section does not apply to money collected as child
445	445	support and held for disbursement by a governmental agency,
446	446	financial institution, or other entity pending identification and
447	447	location of the person to whom the money is owed.
448	448	SECTION 28. Section 601.454(c), Transportation Code, is
449	449	amended to read as follows:
450	450	(c) Information obtained under this subchapter is
451	451	confidential. The agent:
452	452	(1) may use the information only for a purpose
453	453	authorized under this subchapter;
454	454	(2) [and] may not use the information for a commercial
455	455	purpose; and
456	456	(3) on request, and subject to appropriate safeguards
457	457	to protect the privacy of motor vehicle owners developed by the
458	458	implementing agencies and the attorney general, may provide the
459	459	information to the attorney general for the purpose of enforcing
460	460	child support obligations.
461	461	SECTION 29. Sections 154.130(c), 154.182(d), 234.010, and
462	462	234.011, Family Code, are repealed.
463	463	SECTION 30. Section 102.009, Family Code, as amended by
464	464	this Act, applies to a proceeding under Chapter 233, Family Code,
465	465	that is pending before the Title IV-D agency or initiated by the
466	466	Title IV-D agency on or after the effective date of that provision.
467	467	SECTION 31. Section 102.011, Family Code, as amended by
468	468	this Act, applies only to an acknowledgment of paternity signed on
469	469	or after the effective date of that provision.
470	470	SECTION 32. Sections 154.062 and 154.130, Family Code, as
471	471	amended by this Act, apply only to a suit affecting the parent-child
472	472	relationship that is commenced on or after the effective date of
473	473	those provisions. A suit affecting the parent-child relationship
474	474	commenced before the effective date of those provisions is governed
475	475	by the law in effect on the date the suit was commenced, and the
476	476	former law is continued in effect for that purpose.
477	477	SECTION 33. Sections 154.181, 154.182, 154.183, and
478	478	154.191, Family Code, as amended by this Act, apply to a suit
479	479	affecting the parent-child relationship pending in a trial court on
480	480	or filed on or after the effective date of those provisions.
481	481	SECTION 34. Section 154.187, Family Code, as amended by
482	482	this Act, applies to an order or notice received by an employer on
483	483	or after the effective date of that provision. An order or notice
484	484	received by an employer before the effective date of that provision
485	485	is governed by the law in effect on the date the order or notice was
486	486	received, and the former law is continued in effect for that
487	487	purpose.
488	488	SECTION 35. Section 157.009, Family Code, as added by this
489	489	Act, applies only to a money judgment for child support arrearages
490	490	that is rendered on or after the effective date of that provision.
491	491	A money judgment for child support arrearages rendered before the
492	492	effective date of that provision is governed by the law in effect on
493	493	the date that the judgment was rendered, and the former law is
494	494	continued in effect for that purpose.
495	495	SECTION 36. Section 157.162, Family Code, as amended by
496	496	this Act, applies to a hearing to enforce an order in a suit
497	497	affecting the parent-child relationship that commences on or after
498	498	the effective date of that provision. A hearing that commences
499	499	before the effective date of that provision is governed by the law
500	500	in effect on the date the hearing commenced, and the former law is
501	501	continued in effect for that purpose.
502	502	SECTION 37. Section 157.268, Family Code, as amended by
503	503	this Act, applies only to child support collected on or after
504	504	January 1, 2010.
505	505	SECTION 38. Section 158.203, Family Code, as amended by
506	506	this Act, applies to child support payments withheld by an employer
507	507	on or after September 1, 2009.
508	508	SECTION 39. Sections 201.009 and 201.015, Family Code, as
509	509	amended by this Act, apply only to a hearing before an associate
510	510	judge that is commenced on or after the effective date of that
511	511	provision. A hearing before an associate judge that commenced
512	512	before the effective date of that provision is governed by the law
513	513	in effect on the date the hearing commenced, and the former law is
514	514	continued in effect for that purpose.
515	515	SECTION 40. Section 232.005, Family Code, as amended by
516	516	this Act, applies only to a petition filed on or after the effective
517	517	date of that provision. A petition filed before the effective date
518	518	of that provision is governed by the law in effect on the date the
519	519	petition was filed, and the former law is continued in effect for
520	520	that purpose.
521	521	SECTION 41. Section 34.001, Civil Practice and Remedies
522	522	Code, as amended by this Act, applies to each judgment for child
523	523	support under the Family Code, regardless of the date on which the
524	524	judgment was rendered.
525	525	SECTION 42. (a) Except as provided by Subsections (b) and
526	526	(c) of this section:
527	527	(1) this Act takes effect immediately if it receives a
528	528	vote of two-thirds of all the members elected to each house, as
529	529	provided by Section 39, Article III, Texas Constitution; and
530	530	(2) if this Act does not receive the vote necessary for
531	531	immediate effect, this Act takes effect September 1, 2009.
532	532	(b) The change in law made by this Act to Section 157.268,
533	533	Family Code, takes effect January 1, 2010.
534	534	(c) The change in law made by this Act to Section 158.203,
535	535	Family Code, takes effect September 1, 2009.