Texas House Bill HB943 Senate Committee Report / Bill

                    By: Thompson of Harris H.B. No. 943
 (Senate Sponsor - Rodríguez)
 (In the Senate - Received from the House April 27, 2015;
 May 7, 2015, read first time and referred to Committee on State
 Affairs; May 19, 2015, reported favorably by the following vote:
 Yeas 7, Nays 1; May 19, 2015, sent to printer.)
Click here to see the committee vote


 COMMITTEE VOTE
 YeaNayAbsentPNV
 HuffmanX
 EllisX
 BirdwellX
 CreightonX
 EstesX
 FraserX
 NelsonX
 SchwertnerX
 ZaffiriniX
 A BILL TO BE ENTITLED
 AN ACT
 relating to the applicability of a wage and salary presumption to an
 incarcerated person for purposes of determining child support
 obligations.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 154.068, Family Code, is amended to read
 as follows:
 Sec. 154.068.  WAGE AND SALARY PRESUMPTION. (a) In the
 absence of evidence of a party's resources, as defined by Section
 154.062(b), the court shall presume that the party has income equal
 to the federal minimum wage for a 40-hour week to which the support
 guidelines may be applied.
 (b)  The presumption required by Subsection (a) does not
 apply if the court finds that the party is subject to an order of
 confinement that exceeds 90 days and is incarcerated in a local,
 state, or federal jail or prison at the time the court makes the
 determination regarding the party's income.
 SECTION 2.  The change in law made by this Act to Section
 154.068, Family Code, applies only to a proceeding to establish or
 modify a child support obligation that is pending in a trial court
 on or filed on or after the effective date of this Act.
 SECTION 3.  This Act takes effect September 1, 2015.
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