HBA-SEB H.B. 1348 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1348 By: Goodman Juvenile Justice and Family Issues 3/5/1999 Introduced BACKGROUND AND PURPOSE Currently, a claim of delinquent child support owed by an obligor's estate has Class 7 priority, following claims in Classes 1 through 6 owed by a decedent. The Class 7 priority follows funeral expenses and expenses of last sickness, costs of administering and managing the estate, secured claims, including tax liens, claims for taxes, penalties, and interest due, claims for the costs of confinement in the Texas Department of Criminal Justice (TDCJ), and claims for repayment of medical assistance payments made by the state to the decedent. H.B. 1348 places claims for the principal amount and accrued interest of delinquent child support in Class 5, ahead of claims for the costs of confinement in TDCJ and claims for repayment of medical assistance. 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 322, Texas Probate Code, to require claims for the principal amount of and accrued interest on delinquent child support and child support arrearages that have been confirmed and reduced to money judgment, as determined under Subchapter F, Chapter 157, Family Code (Judgment and Interest), to have Class 5 priority against an estate of a decedent, following funeral expenses and medical bills, estate management expenses, secured claims, and tax claims. Redesignates Classes 6 and 7 to Classes 7 and 8. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.