| 1 | 1 | | S.B. No. 2324 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the classification of certain types of marital property |
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| 6 | 6 | | in regards to claims for payment of a criminal restitution |
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| 7 | 7 | | judgment. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 3.202, Family Code, is amended by adding |
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| 10 | 10 | | Subsection (e) to read as follows: |
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| 11 | 11 | | (e) For purposes of this section, all retirement |
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| 12 | 12 | | allowances, annuities, accumulated contributions, optional |
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| 13 | 13 | | benefits, and money in the various public retirement system |
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| 14 | 14 | | accounts of this state that are community property subject to the |
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| 15 | 15 | | participating spouse's sole management, control, and disposition |
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| 16 | 16 | | are not subject to any claim for payment of a criminal restitution |
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| 17 | 17 | | judgment entered against the nonparticipant spouse except to the |
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| 18 | 18 | | extent of the nonparticipant spouse's interest as determined in a |
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| 19 | 19 | | qualified domestic relations order under Chapter 804, Government |
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| 20 | 20 | | Code. |
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| 21 | 21 | | SECTION 2. This Act applies only to a claim for payment of a |
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| 22 | 22 | | criminal restitution judgment issued on or after the effective date |
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| 23 | 23 | | of this Act. A claim for payment of a criminal restitution judgment |
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| 24 | 24 | | issued before the effective date of this Act is governed by the law |
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| 25 | 25 | | as it existed immediately before the effective date of this Act, and |
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| 26 | 26 | | that law is continued in effect for that purpose. |
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| 27 | 27 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 28 | 28 | | ______________________________ ______________________________ |
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| 29 | 29 | | President of the Senate Speaker of the House |
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| 30 | 30 | | I hereby certify that S.B. No. 2324 passed the Senate on |
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| 31 | 31 | | April 30, 2009, by the following vote: Yeas 31, Nays 0; and that |
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| 32 | 32 | | the Senate concurred in House amendment on May 30, 2009, by the |
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| 33 | 33 | | following vote: Yeas 31, Nays 0. |
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| 34 | 34 | | ______________________________ |
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| 35 | 35 | | Secretary of the Senate |
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| 36 | 36 | | I hereby certify that S.B. No. 2324 passed the House, with |
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| 37 | 37 | | amendment, on May 27, 2009, by the following vote: Yeas 148, |
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| 38 | 38 | | Nays 0, one present not voting. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Chief Clerk of the House |
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| 41 | 41 | | Approved: |
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| 42 | 42 | | ______________________________ |
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| 43 | 43 | | Date |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Governor |
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