S.B. No. 869
AN ACT
relating to suits affecting the parent-child relationship,
including the payment and enforcement of support ordered in a suit
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 122.201, Estates Code, is amended to
read as follows:
Sec. 122.201. ASSIGNMENT; WHEN ASSIGNMENT INEFFECTIVE OR
LIMITED. (a) Except as provided by Subsection (b), a [A] person
who is entitled to receive property or an interest in property from
a decedent under a will, by inheritance, or as a beneficiary under a
life insurance contract, and does not disclaim the property under
Chapter 240, Property Code, may assign the property or interest in
property to any person.
(b) An assignment of property or an interest in property
under Subsection (a) by a child support obligor does not take effect
to the extent the assigned property or interest in property could be
applied to satisfy a support obligation of the obligor that has
been:
(1) administratively determined as evidence by a
certified child support payment record produced by the Title IV-D
agency in a Title IV-D case; or
(2) confirmed and reduced to judgment as provided by
Section 157.263, Family Code.
(c) In this section:
(1) "Title IV-D agency" has the meaning assigned by
Section 101.033, Family Code.
(2) "Title IV-D case" has the meaning assigned by
Section 101.034, Family Code.
(d) If Subsection (b) applies, the child support obligee to
whom child support arrearages are owed may enforce the child
support obligation against the obligor as to the assigned property
or interest in property by a lien or by any other remedy provided by
law.
(e) Unless the personal representative of a decedent's
estate has actual notice of a claim that an assignment of property
or an interest in property under Subsection (a) does not take effect
under Subsection (b), the personal representative is not liable for
transferring property pursuant to such assignment.
SECTION 2. Section 102.0091(b), Family Code, is amended to
read as follows:
(b) The party executing the waiver may [not] sign the waiver
using a digitized signature.
SECTION 3. Sections 105.006(a), (e), and (f), Family Code,
are amended to read as follows:
(a) A final order, other than in a proceeding under Chapter
161 or 162, must contain:
(1) the social security number and driver's license
number of each party to the suit, including the child, except that
the child's social security number or driver's license number is not
required if the child has not been assigned a social security number
or driver's license number; and
(2) each party's current residence address, mailing
address, e-mail address, home telephone number, name of employer,
address of employment, and work telephone number, except as
provided by Subsection (c).
(e) Except as provided by Subsection (c), an order in a suit
that orders child support or possession of or access to a child must
also contain the following prominently displayed statement in
boldfaced type, capital letters, or underlined:
"EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
E-MAIL ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER.
THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF
THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE
STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED
CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE
CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS
ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY
AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE."
"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD
SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD."
"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
(f) Except for an action in which contempt is sought, in any
subsequent child support enforcement action, the court may, on a
showing that diligent effort has been made to determine the
location of a party, consider due process requirements for notice
and service of process to be met with respect to that party on
delivery of written notice to the most recent residence address,
e-mail address, [residential] or [employer] address of employment
filed by that party with the court and the state case registry.
SECTION 4. Section 105.007(a), Family Code, is amended to
read as follows:
(a) A party shall comply with the order by giving written
notice to each other party of an intended change in the party's
current residence address, mailing address, e-mail address, home
telephone number, name of employer, address of employment, and work
telephone number.
SECTION 5. Section 154.132, Family Code, is amended to read
as follows:
Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF
CERTAIN DISABLED OBLIGORS. (a) In applying the child support
guidelines for an obligor who has a disability and who is required
to pay support for a child who receives periodic benefits as a
result of the obligor's disability, the court shall apply the
guidelines by determining the amount of child support that would be
ordered under the child support guidelines and subtracting from
that total the amount of benefits or the value of the benefits paid
to or for the child as a result of the obligor's disability.
(b) If a child for whom the obligor owes child support
receives a lump-sum payment as a result of the obligor's disability
and that payment is made to the obligee as the representative payee
of the child, the credit for the lump-sum payment must be applied as
provided by Section 157.009.
SECTION 6. Section 157.005(b), Family Code, is amended to
read as follows:
(b) The court retains jurisdiction to confirm the total
amount of child support, medical support, and dental support
arrearages and render cumulative money judgments for past-due child
support, medical support, and dental support, as provided by
Section 157.263, if a motion [for enforcement] requesting a money
judgment is filed not later than the 10th anniversary after the
date:
(1) the child becomes an adult; or
(2) on which the child support obligation terminates
under the child support order or by operation of law.
SECTION 7. Section 157.009, Family Code, is amended to read
as follows:
Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS.
In addition to any other credit or offset available to an obligor
under this title, if a child for whom the obligor owes child support
receives a lump-sum payment as a result of the obligor's disability
and that payment is made to the obligee as the representative payee
of the child, the obligor is entitled to a credit. The credit under
this section is equal to the amount of the lump-sum payment and
shall be applied only to any child support arrearage and interest
owed by the obligor on behalf of that child at the time the payment
is made. The credit under this section may not be used to reduce the
amount of a periodic child support obligation ordered under Chapter
154 that has not yet accrued.
SECTION 8. Sections 157.263(a) and (b-3), Family Code, are
amended to read as follows:
(a) If a motion [for enforcement of child support] requests
a money judgment for child support, medical support, or dental
support arrearages, the court shall confirm the amount of
arrearages and render cumulative money judgments as follows:
(1) a cumulative money judgment for the amount of
child support owed under Subsection (b);
(2) a cumulative money judgment for the amount of
medical support owed under Subsection (b-1); and
(3) a cumulative money judgment for the amount of
dental support owed under Subsection (b-2).
(b-3) In rendering a money judgment under this title that
includes child support, medical support, or dental support
arrearages [section], the court may not reduce or modify the amount
of [child support, medical support, or dental support] arrearages
but, in confirming the amount of arrearages, may allow a
counterclaim or offset as provided by this title.
SECTION 9. Section 157.318(a), Family Code, is amended to
read as follows:
(a) A [Subject to Subsection (d), a] lien is effective until
all current support and child support arrearages, including
interest, any costs and reasonable attorney's fees, and any Title
IV-D service fees authorized under Section 231.103 for which the
obligor is responsible, have been paid or the lien is otherwise
released as provided by this subchapter.
SECTION 10. Section 160.604(c), Family Code, is amended to
read as follows:
(c) If the court lacks [Lack of] jurisdiction over one
individual, [does not preclude] the court:
(1) is not precluded from making an adjudication of
parentage binding on another individual over whom the court has
personal jurisdiction; and
(2) may not delay the adjudication described by
Subdivision (1) solely due to the lack of jurisdiction.
SECTION 11. Section 157.318(d), Family Code, is repealed.
SECTION 12. The change in law made by this Act to Section
102.0091(b), Family Code, applies to a waiver of citation executed
in a suit affecting the parent-child relationship on or after the
effective date of this Act, regardless of whether the suit was filed
before, on, or after that date.
SECTION 13. The changes in law made by this Act to Sections
105.006 and 105.007(a), Family Code, apply only to a suit affecting
the parent-child relationship that is filed on or after the
effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 14. The changes in law made by this Act to Sections
154.132 and 157.009, Family Code, apply only to a lump-sum payment
received by a child support obligee as a representative payee of a
child on or after the effective date of this Act. A lump-sum
payment received before that date is governed by the law in effect
on the date the payment was received, and the former law is
continued in effect for that purpose.
SECTION 15. The changes in law made by this Act to Sections
157.005(b) and 157.263, Family Code, apply only to a motion
requesting a money judgment for child support, medical support, or
dental support arrearages that is filed on or after the effective
date of this Act. A motion requesting a money judgment for child
support, medical support, or dental support arrearages filed before
that date is governed by the law in effect on the date the motion was
filed, and the former law is continued in effect for that purpose.
SECTION 16. (a) Subject to Subsection (b) of this section,
the change in law made by this Act to Section 157.318(a), Family
Code, applies to a child support lien on real property regardless of
whether the lien notice was filed before, on, or after the effective
date of this Act.
(b) A lien for which the 10th anniversary of the date on
which the last lien notice was filed with the county clerk occurred
before the effective date of this Act may be renewed on or after the
effective date of this Act in the same manner and with the same
effect on priority over other liens as provided by Section
157.318(d), Family Code, as that section existed immediately before
the effective date of this Act. Once the lien is renewed in
accordance with this subsection, the lien continues in effect in
accordance with Section 157.318, Family Code, as amended by this
Act.
SECTION 17. The change in law made by this Act to Section
160.604(c), Family Code, applies to a suit affecting the
parent-child relationship that is pending in a trial court on the
effective date of this Act or that is filed on or after that date.
SECTION 18. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 869 passed the Senate on
April 4, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 869 passed the House on
May 9, 2023, by the following vote: Yeas 135, Nays 7, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor