This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
H.B. No. 248
AN ACT
relating to the amendment of certain qualified domestic relations
orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 9, Family Code, is amended
by adding Section 9.1045 to read as follows:
Sec. 9.1045. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS
ORDER. (a) A court that renders a qualified domestic relations
order retains continuing, exclusive jurisdiction to amend the order
to correct the order or clarify the terms of the order to effectuate
the division of property ordered by the court.
(b) An amended domestic relations order under this section
must be submitted to the plan administrator or other person acting
in an equivalent capacity to determine whether the amended order
satisfies the requirements of a qualified domestic relations order.
Section 9.104 applies to a domestic relations order amended under
this section.
SECTION 2. The change in law made by this Act applies to a
qualified domestic relations order issued before, on, or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 248 was passed by the House on April
18, 2005, by the following vote: Yeas 134, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 248 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor