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1 | - | 84R2873 JSC-D | |
2 | 1 | By: Dutton H.B. No. 545 | |
3 | 2 | ||
4 | 3 | ||
5 | 4 | A BILL TO BE ENTITLED | |
6 | 5 | AN ACT | |
7 | 6 | relating to the enforcement of an order to pay child support by | |
8 | 7 | contempt. | |
9 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 9 | SECTION 1. Section 157.162, Family Code, is amended by | |
11 | 10 | adding Subsection (d) to read as follows: | |
12 | - | (d) The court may not find a respondent in contempt of court | |
13 | - | for failure to pay child support if the respondent appears at the | |
14 | - | hearing with a copy of the payment record or other evidence | |
15 | - | satisfactory to the court showing that the respondent is current in | |
16 | - | the payment of child support as ordered by the court. | |
11 | + | (d) If a respondent appears at the hearing for failure to | |
12 | + | pay child support with a copy of the payment record or other | |
13 | + | evidence satisfactory to the court showing that the respondent is | |
14 | + | current in the payment of child support as ordered by the court, the | |
15 | + | court may hold the respondent in contempt but may not punish the | |
16 | + | respondent by confinement unless, in the 24 months preceding the | |
17 | + | date of the hearing, the respondent has been held in contempt of | |
18 | + | court for failure to pay child support. | |
17 | 19 | SECTION 2. The change in law made by this Act applies to a | |
18 | 20 | hearing to enforce an order in a suit affecting the parent-child | |
19 | 21 | relationship that commences on or after the effective date of this | |
20 | 22 | Act. A hearing that commences before the effective date of this Act | |
21 | 23 | is governed by the law in effect on the date the hearing commenced, | |
22 | 24 | and the former law is continued in effect for that purpose. | |
23 | 25 | SECTION 3. This Act takes effect immediately if it receives | |
24 | 26 | a vote of two-thirds of all the members elected to each house, as | |
25 | 27 | provided by Section 39, Article III, Texas Constitution. If this | |
26 | 28 | Act does not receive the vote necessary for immediate effect, this | |
27 | 29 | Act takes effect September 1, 2015. |