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


Office of House Bill AnalysisH.B. 2594
By: Uresti
Juvenile Justice and Family Issues
4/15/1999
Committee Report (Amended)



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.  (a)
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.   

(b)  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.

EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 1.  Amends proposed Section 154.012(b), Family Code, to authorize a
court, for good cause shown, to waive the requirement that an obligee pay
attorney's fees and costs if the court states the reasons supporting the
finding that the obligee failed to return a payment.