81R3134 KKA-F
By: Villarreal H.B. No. 447
A BILL TO BE ENTITLED
AN ACT
relating to liability for failure to comply with a child support
lien, court order, or notice of levy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.324, Family Code, is amended to read
as follows:
Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
LIEN. (a) A person who knowingly pays over, releases, sells,
transfers, encumbers, conveys, or otherwise disposes of property
subject to a child support lien or who, after a foreclosure hearing,
fails to surrender on demand nonexempt personal property as
directed by a court under this subchapter is liable to the claimant
in an amount equal to the greater of three times the value of the
property paid over, released, sold, transferred, encumbered,
conveyed, or otherwise disposed of or not surrendered or $5,000,
but not to exceed the amount of the child support arrearages for
which the lien or foreclosure judgment was issued.
(b) A claimant may recover costs and reasonable attorney's
fees incurred in an action under this section.
(c) A penalty paid by a person under this section may not be
credited against the child support arrearages owed by the obligor.
(d) A financial institution is not liable under this section
for the disposition of assets in an account if the child support
lien does not contain either the account number or the social
security number of an account owner of record.
SECTION 2. Section 157.330, Family Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) A person who possesses or has a right to property that is
the subject of a notice of levy delivered to the person and who
refuses or fails to timely surrender the property or right to
property that should have been paid or delivered to the claimant on
demand is liable to the claimant in an amount equal to the greater
of three times the value of the property or right to property that
should have been paid or delivered or $5,000, [not surrendered] but
[that does] not to exceed the amount of the child support arrearages
for which the notice of levy has been filed.
(c) A penalty paid by a person under this section may not be
credited against the child support arrearages owed by the obligor.
(d) A financial institution is not liable under this section
for the disposition of assets in an account if the notice of levy
does not contain either the account number or the social security
number of an account owner of record.
SECTION 3. This Act takes effect September 1, 2009.