S.B. No. 1965
AN ACT
relating to enforcement of child support obligations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.105, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The court may conduct the release hearing under
Subsection (a) through the use of teleconferencing,
videoconferencing, or other remote electronic means if the court
determines that the method of appearance will facilitate the
hearing.
SECTION 2. Section 157.163, Family Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The court may conduct a hearing on the issue of
indigency through the use of teleconferencing, videoconferencing,
or other remote electronic means if the court determines that
conducting the hearing in that manner will facilitate the hearing.
SECTION 3. 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; [and]
(4) property seized and subject to forfeiture under
Chapter 59, Code of Criminal Procedure; and
(5) the proceeds derived from the sale of oil or gas
production from an oil or gas well located in this state.
SECTION 4. Section 91.402(b), Natural Resources Code, is
amended to read as follows:
(b) Payments may be withheld without interest beyond the
time limits set out in Subsection (a) if:
(1) [of this section when] there is:
(A) [(1)] a dispute concerning title that would
affect distribution of payments;
(B) [(2)] a reasonable doubt that the payee:
(i) [(A)] has sold or authorized the sale
of its share of the oil or gas to the purchaser of such production;
or
(ii) [(B)] has clear title to the interest
in the proceeds of production; or
(C) [(3)] a requirement in a title opinion that
places in issue the title, identity, or whereabouts of the payee and
that has not been satisfied by the payee after a reasonable request
for curative information has been made by the payor; or
(2) the payments are subject to a child support lien
under Chapter 157, Family Code, or an order or writ of withholding
issued under Chapter 158, Family Code.
SECTION 5. The change in law made by this Act to Section
157.317, Family Code, applies only to a child support lien notice
issued on or after the effective date of this Act. A child support
lien notice issued before the effective date of this Act is governed
by the law in effect on the date the lien notice was issued, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1965 passed the Senate on
April 19, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1965 passed the House on
May 19, 2017, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor