HBA-BSM H.B. 2838 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2838
By: Dukes
Juvenile Justice & Family Issues
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

A parent who has been ordered to pay child support may sometimes pay an
additional sum of money along with a  monthly child support payment.  The
obligor may intend the money as a gift or a payment toward future child
support, or add to the payment for a different reason altogether.  Current
law is unclear on how sums paid in excess of the court ordered child
support should be handled by the office of the attorney general.  House
Bill 2838 requires the attorney general to handle sums paid in addition to
the court ordered child support by the obligor in the manner intended by
the obligor.   

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. 

ANALYSIS

House Bill 2838 amends the Family Code to require the attorney general to
handle the excess amount of child support payment in the manner the obligor
of child support intends if the obligor is not in arrears and the payment
includes a sum in addition to the court ordered child support with the
usual payment.  

EFFECTIVE DATE

The Act takes effect on the 91st day after adjournment.