HBA-SEB H.B. 1427 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1427
By: Staples
Juvenile Justice and Family Issues
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person may file a motion to receive unpaid child support until
four years after the child becomes an adult or four years after the child
support obligation terminates, but there is no limitation while the child
is still a minor.  Many banks and other financial institutions, however, do
not store records for more than five years.  A statute of limitations
imposed on such a suit may ensure that accurate records are available to
track child support payments.  H.B. 1427 provides that a motion to enforce
child support must be filed before the fifth anniversary of the due date
for the last unpaid court-ordered child support obligation. 

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 Subchapter A, Chapter 157, Family Code, by adding
Section 157.0055, as follows: 

Sec. 157.0055.  LIMITATIONS PERIOD FOR FILING MOTION TO ENFORCE CHILD
SUPPORT.  Provides that a motion to enforce child support must be filed not
later than the fifth anniversary of the due date for the last unpaid
court-ordered child support obligation. 

SECTION 2.  Amends Section 157.005(b), Family Code, to establish that the
court retains jurisdiction to confirm the total amount of child support
arrearages and render judgment for past-due child support if a motion for
enforcement requesting a money judgment is filed not later than the fifth,
rather than the fourth, anniversary after the date the child becomes an
adult or on which the child support obligation terminates under the order
or by operation of law. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.