Bill Text: TX HB2918 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to debt collection for unpaid child support against student financial assistance proceeds.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-17 - Referred to Judiciary & Civil Jurisprudence [HB2918 Detail]
Download: Texas-2011-HB2918-Introduced.html
| 82R1706 KSD-D | ||
| By: McClendon | H.B. No. 2918 | |
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| relating to debt collection for unpaid child support against | ||
| student financial assistance proceeds. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 56, Education Code, is | ||
| amended by adding Section 56.005 to read as follows: | ||
| Sec. 56.005. DEBT COLLECTION AGAINST STUDENT FINANCIAL | ||
| ASSISTANCE PROCEEDS FOR UNPAID CHILD SUPPORT PROHIBITED; REQUIRED | ||
| NOTICE REGARDING RISK OF COMMINGLING STUDENT FINANCIAL ASSISTANCE | ||
| PROCEEDS WITH OTHER FINANCIAL ASSETS. (a) In this section, | ||
| "account" and "financial institution" have the meanings assigned by | ||
| Section 157.311, Family Code. | ||
| (b) To the extent permitted under federal law, student | ||
| financial assistance proceeds received by a student, including | ||
| student loan, grant, and scholarship proceeds, are exempt from debt | ||
| collection to satisfy a judgment for unpaid child support under | ||
| Subchapter F, Chapter 157, Family Code. | ||
| (c) Student loan lenders, student loan guarantors, and | ||
| financial aid offices of institutions of higher education shall | ||
| make diligent efforts to notify a student financial assistance | ||
| recipient that: | ||
| (1) under federal law, assets of a child support | ||
| obligor held in an account in a financial institution are subject to | ||
| debt collection to satisfy a judgment for unpaid child support | ||
| under Subchapter F, Chapter 157, Family Code; and | ||
| (2) the commingling of the recipient's student | ||
| financial assistance proceeds with other money in an account may | ||
| subject those proceeds to debt collection for the purpose described | ||
| by Subdivision (1). | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
