H.B. No. 678




AN ACT
relating to the accrual of interest on overdue child support. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 157.265, Family Code, is amended by adding Subsections (d)-(f) to read as follows: (d) Subsection (a) applies to a child support payment that becomes due on or after January 1, 2002. (e) Child support arrearages in existence on January 1, 2002, that were not confirmed and reduced to a money judgment on or before that date accrue interest as follows: (1) before January 1, 2002, the arrearages are subject to the interest rate that applied to the arrearages before that date; and (2) on and after January 1, 2002, the cumulative total of arrearages and interest accumulated on those arrearages described by Subdivision (1) is subject to Subsection (a). (f) Subsections (b) and (c) apply to a money judgment for child support rendered on or after January 1, 2002. A money judgment for child support rendered before that date is governed by the law in effect on the date the judgment was rendered, and the former law is continued in effect for that purpose. SECTION 2. 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. 678 was passed by the House on April 19, 2005, by the following vote: Yeas 141, Nays 0, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 678 was passed by the Senate on May 12, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor