Bill Text: TX HB2634 | 2017-2018 | 85th Legislature | Engrossed

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Bill Title: Relating to enforcement of child support obligations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2017-05-19 - Referred to State Affairs [HB2634 Detail]

Download: Texas-2017-HB2634-Engrossed.html

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85R15335 KJE-F
By: Dutton H.B. No. 2634

A BILL TO BE ENTITLED
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 a hearing under Subsection (a)
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 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.
SECTION 5. The change in law made by this Act to Section
157.317, Family Code, applies only to a child support lien notice
filed or delivered on or after the effective date of this Act. A
child support lien notice filed or delivered before the effective
date of this Act is governed by the law in effect on the date the
lien notice was filed or delivered, and the former law is continued
in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.