By: Thompson of Harris H.B. No. 943
(Senate Sponsor - RodrÃguez)
(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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