81R36543 E
By: Duncan S.B. No. 2324
Substitute the following for S.B. No. 2324:
By: Madden C.S.S.B. No. 2324
A BILL TO BE ENTITLED
AN ACT
relating to the classification of certain types of marital property
in regards to claims for payment of a criminal restitution
judgment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.202, Family Code, is amended by adding
Subsection (e) to read as follows:
(e) For purposes of this section, all retirement
allowances, annuities, accumulated contributions, optional
benefits, and money in the various public retirement system
accounts of this state that are community property subject to the
participating spouse's sole management, control, and disposition
are not subject to any claim for payment of a criminal restitution
judgment entered against the nonparticipant spouse except to the
extent of the nonparticipant spouse's interest as determined in a
qualified domestic relations order under Chapter 804, Government
Code.
SECTION 2. This Act applies only to a claim for payment of a
criminal restitution judgment issued on or after the effective date
of this Act. A claim for payment of a criminal restitution judgment
issued before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.