Texas 2017 - 85th Regular

Texas House Bill HB2634 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R15335 KJE-F
2	2		By: Dutton H.B. No. 2634
3		-	Substitute the following for H.B. No. 2634:
4		-	By: Dutton C.S.H.B. No. 2634
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to enforcement of child support obligations.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 157.105, Family Code, is amended by
12	10		adding Subsection (a-1) to read as follows:
13	11		(a-1) The court may conduct a hearing under Subsection (a)
14	12		through the use of teleconferencing, videoconferencing, or other
15	13		remote electronic means if the court determines that conducting the
16	14		hearing in that manner will facilitate the hearing.
17	15		SECTION 2. Section 157.163, Family Code, is amended by
18	16		adding Subsection (d-1) to read as follows:
19	17		(d-1) The court may conduct a hearing on the issue of
20	18		indigency through the use of teleconferencing, videoconferencing,
21	19		or other remote electronic means if the court determines that
22	20		conducting the hearing in that manner will facilitate the hearing.
23	21		SECTION 3. Section 157.317(a), Family Code, is amended to
24	22		read as follows:
25	23		(a) A child support lien attaches to all real and personal
26	24		property not exempt under the Texas Constitution or other law,
27	25		including:
28	26		(1) an account in a financial institution;
29	27		(2) a retirement plan, including an individual
30	28		retirement account;
31	29		(3) the proceeds of an insurance policy, including the
32	30		proceeds from a life insurance policy or annuity contract and the
33	31		proceeds from the sale or assignment of life insurance or annuity
34	32		benefits, a claim for compensation, or a settlement or award for the
35	33		claim for compensation, due to or owned by the obligor; [and]
36	34		(4) property seized and subject to forfeiture under
37	35		Chapter 59, Code of Criminal Procedure; and
38	36		(5) the proceeds derived from the sale of oil or gas
39	37		production from an oil or gas well located in this state.
40	38		SECTION 4. Section 91.402(b), Natural Resources Code, is
41	39		amended to read as follows:
42	40		(b) Payments may be withheld without interest beyond the
43	41		time limits set out in Subsection (a) if:
44	42		(1) [of this section when] there is:
45	43		(A) [(1)] a dispute concerning title that would
46	44		affect distribution of payments;
47	45		(B) [(2)] a reasonable doubt that the payee:
48	46		(i) [(A)] has sold or authorized the sale
49	47		of its share of the oil or gas to the purchaser of such production;
50	48		or
51	49		(ii) [(B)] has clear title to the interest in
52	50		the proceeds of production; or
53	51		(C) [(3)] a requirement in a title opinion that
54	52		places in issue the title, identity, or whereabouts of the payee and
55	53		that has not been satisfied by the payee after a reasonable request
56	54		for curative information has been made by the payor; or
57	55		(2) the payments are subject to a child support lien
58	56		under Chapter 157, Family Code.
59	57		SECTION 5. The change in law made by this Act to Section
60	58		157.317, Family Code, applies only to a child support lien notice
61	59		filed or delivered on or after the effective date of this Act. A
62	60		child support lien notice filed or delivered before the effective
63	61		date of this Act is governed by the law in effect on the date the
64	62		lien notice was filed or delivered, and the former law is continued
65	63		in effect for that purpose.
66	64		SECTION 6. This Act takes effect September 1, 2017.