HBA-DMD H.B. 145 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 145
By: Thompson
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE

Prior to 1995, child support was the only type of family support that could
be ordered in Texas, leaving child support the only type of family support
for which wages can be garnished. In 1995, the welfare reform bill included
a provision for limited spousal maintenance, however, spousal maintenance
has been hard to enforce without a garnishment provision similar to that of
child support. H.B. 145 authorizes a court to enforce an order for spousal
maintenance by ordering garnishment of the wages of the person ordered to
pay the maintenance. 

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 8.002, Family Code, as follows:

Sec. 8.002. New Title: ELIGIBILITY FOR MAINTENANCE; COURT ORDER. Authorizes
a court to enforce an order for spousal maintenance by ordering garnishment
of the wages of the person ordered to pay the maintenance or by other means
available under Section 8.009 (Enforcement of Maintenance Order), Family
Code.  Adds "Court Order" to existing title.  Creates Subsection (a) from
existing text. 

SECTION 2.  Effective date:  September 1, 1999.  Provides that this Act
takes effect on that date only if the constitutional amendment proposed by
the 76th Legislature, Regular Session, 1999, which allows garnishment of
wages for spousal support takes effect. 

SECTION 3.  Emergency clause.