84R8829 KSD-F
By: Eltife S.B. No. 1174
A BILL TO BE ENTITLED
AN ACT
relating to the property to which a child support lien attaches.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.317(a), Family Code, is amended to
read as follows:
(a) A child support lien attaches to all real and personal
property not exempt under the Texas Constitution or other law,
including:
(1) an account in a financial institution;
(2) a retirement plan, including an individual
retirement account;
(3) the proceeds of an insurance policy, including the
proceeds from a life insurance policy or annuity contract and the
proceeds from the sale or assignment of life insurance or annuity
benefits, a claim for compensation, or a settlement or award for the
claim for compensation, due to or owned by the obligor, but
excluding insurance claims for damage to real or personal property;
and
(4) property seized and subject to forfeiture under
Chapter 59, Code of Criminal Procedure.
SECTION 2. A child support lien on insurance policy
proceeds for a claim for damage to real or personal property that is
in existence on the effective date of this Act is released by
operation of law on that date.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.