HBA-AMW H.B. 691 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 691
By: Thompson
Juvenile Justice & Family Issues
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to 1995, child support was the only type of family support that could
be ordered in Texas and the only type of support for which wages could be
garnished.  The 1995 welfare reform bill included a provision for limited
spousal maintenance, however, spousal maintenance was difficult to enforce
without a garnishment provision.  Legislation enacted in 1999 authorized
garnishment of the wages of a person ordered to pay spousal maintenance.
Although a court is now able to enforce spousal maintenance payments, state
law prior to the 77th Legislature did not grant child support priority over
spousal maintenance or clearly limit all support to 50 percent of an
obligor's earnings.  House Bill 691 establishes provisions regarding income
withholding for spousal maintenance, including granting priority to child
support payments and limiting the amount of support an obligor is required
to pay.   

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 691 amends the Family Code to create provisions regarding income
withholding for spousal maintenance.  The bill authorizes the court to
order that income be withheld from the disposable earnings of the obligor
in a proceeding in which periodic payments of spousal maintenance are
ordered, modified, or enforced and sets forth general guidelines for income
withholding (Sec. 8.101).  

The bill creates provisions relating to income withholding for arrearages
in addition to current spousal maintenance, withholding for arrearages when
current maintenance is not due, and withholding of income to satisfy
judgment for arrearages (Secs. 8.102 - 8.104).     

The bill also provides that an order or writ of withholding has priority
over any garnishment, attachment, execution, or other order affecting
disposable earnings, except for an order or writ of withholding for child
support (Sec. 8.105).  The bill establishes the time limit for issuing an
order or writ of withholding, specifies the contents of an order of
withholding, and outlines the procedures for excluding certain information
from an order of withholding in cases involving family violence and a
protective order (Secs. 8.151 and 8.152). The bill creates provisions
regarding the procedures for requesting, issuing, and delivering an order
or writ of withholding (Secs. 8.153, 8.154, and 8.262).  The bill provides
that an order or writ of withholding is binding on an employer (Secs. 8.107
and 8.201).  The bill also sets forth provisions regarding the maximum
amount that an employer must withhold from the obligor's earnings and the
procedures for a voluntary writ of withholding by the obligor (Secs. 8.106
and 8.108). 

H.B. 691 sets forth provisions for employers regarding the effective date
and duration of income withholding, the procedures for remitting withheld
payments and requesting a hearing on the applicability of the order or writ
of withholding, liability and obligation for payments, and liability for
discriminatory hiring or discharge (Secs. 8.202, 8.203, 8.205, 8.206,
8.208, and 8.265).  The bill establishes procedures for employers who
receive multiple orders or writs from the same obligor and authorizes
employers to deduct  an administrative fee of not more than $5 each month
from the obligor's  disposable earnings in addition to the amount withheld
as spousal maintenance (Secs. 8.204, 8.207, and 158.207).  The bill
establishes procedures for penalties for employer noncompliance and the
notification of termination of employment or of new employment regarding an
obligor (Secs. 8.209 and 8.210). 

H.B. 691 sets forth procedures for filing the notice of application for a
writ of withholding, the contents of the notice of such an application, and
procedures for the delivery of the notice of such an application (Secs.
8.251, 8.252, and 8.255).  The bill creates provisions for special
exceptions to the notice, for the extension of the repayment schedule
because of an unreasonable hardship on the obligor or the obligor's family,
and procedures for an obligor who fails to receive the notice (Secs. 8.259,
8.264, and 8.266).  The bill specifies the circumstances in which a writ of
withholding is authorized to include additional arrearages and the
procedures for handling an interstate request for withholding (Secs. 8.253
and 8.254).  

H.B. 691 establishes requirements for requesting a writ of withholding, the
contents of the writ of withholding, and the procedures for the issuance
and delivery of the writ of withholding (Secs. 8.261 8.263, and 8.267).
The bill sets forth provisions relating to a writ of withholding after
arrearages are paid by the obligor (Sec. 8.260).  The bill also creates
provisions regarding the filing of a motion to stay issuance of a writ of
withholding and the procedures for a hearing on the motion to stay (Secs.
8.256 - 8.258). 

H.B. 691 creates provisions regarding the modification, reduction, or
termination of income withholding (Secs. 8.301 and 8.302).  The bill also
sets forth provisions relating to termination of withholding in mandatory
withholding cases, the delivery of the order of reduction or termination of
withholding, and the liability of employers for withholding (Secs. 8.303,
8.304 and 8.305). 

EFFECTIVE DATE

September 1, 2001.