Texas 2017 - 85th Regular

Texas Senate Bill SB1965 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1965
	1	+	By: Creighton, et al. S.B. No. 1965
	2	+	(Dutton)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to enforcement of child support obligations.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 157.105, Family Code, is amended by
8	10		adding Subsection (a-1) to read as follows:
9	11		(a-1) The court may conduct the release hearing under
10	12		Subsection (a) through the use of teleconferencing,
11	13		videoconferencing, or other remote electronic means if the court
12	14		determines that the method of appearance will facilitate the
13	15		hearing.
14	16		SECTION 2. Section 157.163, Family Code, is amended by
15	17		adding Subsection (d-1) to read as follows:
16	18		(d-1) The court may conduct a hearing on the issue of
17	19		indigency through the use of teleconferencing, videoconferencing,
18	20		or other remote electronic means if the court determines that
19	21		conducting the hearing in that manner will facilitate the hearing.
20	22		SECTION 3. Section 157.317(a), Family Code, is amended to
21	23		read as follows:
22	24		(a) A child support lien attaches to all real and personal
23	25		property not exempt under the Texas Constitution or other law,
24	26		including:
25	27		(1) an account in a financial institution;
26	28		(2) a retirement plan, including an individual
27	29		retirement account;
28	30		(3) the proceeds of an insurance policy, including the
29	31		proceeds from a life insurance policy or annuity contract and the
30	32		proceeds from the sale or assignment of life insurance or annuity
31	33		benefits, a claim for compensation, or a settlement or award for the
32	34		claim for compensation, due to or owned by the obligor; [and]
33	35		(4) property seized and subject to forfeiture under
34	36		Chapter 59, Code of Criminal Procedure; and
35	37		(5) the proceeds derived from the sale of oil or gas
36	38		production from an oil or gas well located in this state.
37	39		SECTION 4. Section 91.402(b), Natural Resources Code, is
38	40		amended to read as follows:
39	41		(b) Payments may be withheld without interest beyond the
40	42		time limits set out in Subsection (a) if:
41	43		(1) [of this section when] there is:
42	44		(A) [(1)] a dispute concerning title that would
43	45		affect distribution of payments;
44	46		(B) [(2)] a reasonable doubt that the payee:
45	47		(i) [(A)] has sold or authorized the sale
46	48		of its share of the oil or gas to the purchaser of such production;
47	49		or
48	50		(ii) [(B)] has clear title to the interest
49	51		in the proceeds of production; or
50	52		(C) [(3)] a requirement in a title opinion that
51	53		places in issue the title, identity, or whereabouts of the payee and
52	54		that has not been satisfied by the payee after a reasonable request
53	55		for curative information has been made by the payor; or
54	56		(2) the payments are subject to a child support lien
55	57		under Chapter 157, Family Code, or an order or writ of withholding
56	58		issued under Chapter 158, Family Code.
57	59		SECTION 5. The change in law made by this Act to Section
58	60		157.317, Family Code, applies only to a child support lien notice
59	61		issued on or after the effective date of this Act. A child support
60	62		lien notice issued before the effective date of this Act is governed
61		-	by ~~the~~ law in effect on the date the lien notice was issued, and the
	63	+	by law in effect on the date the lien notice was issued, and the
62	64		former law is continued in effect for that purpose.
63	65		SECTION 6. This Act takes effect September 1, 2017.
64		-	______________________________ ______________________________
65		-	President of the Senate Speaker of the House
66		-	I hereby certify that S.B. No. 1965 passed the Senate on
67		-	April 19, 2017, by the following vote: Yeas 31, Nays 0.
68		-	______________________________
69		-	Secretary of the Senate
70		-	I hereby certify that S.B. No. 1965 passed the House on
71		-	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
72		-	present not voting.
73		-	______________________________
74		-	Chief Clerk of the House
75		-	Approved:
76		-	______________________________
77		-	Date
78		-	______________________________
79		-	Governor