HBA-SEB H.B. 2594 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2594
By: Uresti
Juvenile Justice and Family Issues
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law provides a mechanism to collect unpaid child support.
The law, however, does not provide a cost effective mechanism for an
obligor to collect overpaid child support.  H.B. 2594 requires an obligee
to return a child support payment to an obligor if the payment is made
after the child support order has terminated.  It also authorizes the
obligor to file a suit to collect the payment in the event that the obligee
does not return it.   

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 154, Family Code, by adding
Section 154.012, as follows: 

Sec. 154.012.  SUPPORT PAID AFTER TERMINATION OF SUPPORT ORDER. Requires an
obligee to return to an obligor a child support payment made by the obligor
after the date the child support order has terminated if the obligor is not
in arrears.  Authorizes an obligor to file a suit to recover an excess
child support payment.  Requires the court to order an obligee to pay to
the obligor attorney's fees and all court costs in addition to the amount
of support paid after the date the child support order terminated of the
court finds that the obligee failed to return the payment.    

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

SECTION 3.  Emergency clause.