HBA-SEB H.B. 1322 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1322
By: King, Phil
Juvenile Justice and Family Issues
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law prohibited county clerks from
charging a fee to the Title IV-D agency (Office of the Attorney
General-Child Support Division), a domestic relations office, or a friend
of the court for recording the notice of a child support lien or for
release of the lien.  The clerks were authorized to charge the fee to
attorneys who filed child support liens.  H.B. 1322 exempts any other party
from the fee for recording the notice of a lien, prohibits a county clerk
from charging the Title IV-D agency, a domestic relations office, or a
friend of the court a fee for recording the release of a lien, and
clarifies the style of the lien notice and release. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 157.315, Family Code, by amending Subsection (b)
and adding Subsection (c), as follows: 

(b)  Prohibits a county clerk from charging any party a fee for recording
the notice of a child support lien.  Provides that in order to qualify for
this exemption, the lien notice must be styled "Notice of Child Support
Lien."  Makes conforming changes. 

(c)  Prohibits a county clerk from charging the Title IV-D agency (Office
of the Attorney General-Child Support Division), a domestic relations
office, or a friend of the court a fee for recording the release of a lien.
Provides that the lien release must be styled "Release of Child Support
Lien."  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.