| 1 | | - | By: Thompson of Harris H.B. No. 943 |
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| 2 | | - | (Senate Sponsor - RodrÃguez) |
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| 3 | | - | (In the Senate - Received from the House April 27, 2015; |
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| 4 | | - | May 7, 2015, read first time and referred to Committee on State |
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| 5 | | - | Affairs; May 19, 2015, reported favorably by the following vote: |
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| 6 | | - | Yeas 7, Nays 1; May 19, 2015, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 943 |
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| 22 | 4 | | AN ACT |
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| 23 | 5 | | relating to the applicability of a wage and salary presumption to an |
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| 24 | 6 | | incarcerated person for purposes of determining child support |
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| 25 | 7 | | obligations. |
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| 26 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 27 | 9 | | SECTION 1. Section 154.068, Family Code, is amended to read |
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| 28 | 10 | | as follows: |
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| 29 | 11 | | Sec. 154.068. WAGE AND SALARY PRESUMPTION. (a) In the |
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| 30 | 12 | | absence of evidence of a party's resources, as defined by Section |
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| 31 | 13 | | 154.062(b), the court shall presume that the party has income equal |
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| 32 | 14 | | to the federal minimum wage for a 40-hour week to which the support |
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| 33 | 15 | | guidelines may be applied. |
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| 34 | 16 | | (b) The presumption required by Subsection (a) does not |
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| 35 | 17 | | apply if the court finds that the party is subject to an order of |
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| 36 | 18 | | confinement that exceeds 90 days and is incarcerated in a local, |
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| 37 | 19 | | state, or federal jail or prison at the time the court makes the |
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| 38 | 20 | | determination regarding the party's income. |
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| 39 | 21 | | SECTION 2. The change in law made by this Act to Section |
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| 40 | 22 | | 154.068, Family Code, applies only to a proceeding to establish or |
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| 41 | 23 | | modify a child support obligation that is pending in a trial court |
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| 42 | 24 | | on or filed on or after the effective date of this Act. |
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| 43 | 25 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 44 | | - | * * * * * |
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| 26 | + | ______________________________ ______________________________ |
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| 27 | + | President of the Senate Speaker of the House |
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| 28 | + | I certify that H.B. No. 943 was passed by the House on April |
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| 29 | + | 23, 2015, by the following vote: Yeas 112, Nays 28, 2 present, not |
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| 30 | + | voting. |
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| 31 | + | ______________________________ |
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| 32 | + | Chief Clerk of the House |
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| 33 | + | I certify that H.B. No. 943 was passed by the Senate on May |
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| 34 | + | 23, 2015, by the following vote: Yeas 28, Nays 3. |
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| 35 | + | ______________________________ |
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| 36 | + | Secretary of the Senate |
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| 37 | + | APPROVED: _____________________ |
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| 38 | + | Date |
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| 39 | + | _____________________ |
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| 40 | + | Governor |
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