H.B. No. 2408
relating to delivery to an employer of an order or writ for the
withholding of child support from an employee's earnings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 158.105, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
(b) The clerk shall issue and deliver [
mail] the certified
copy of the order or judicial writ not later than the fourth working
day after the date the order is signed or the request is filed,
whichever is later.
(c) An order or judicial writ of withholding shall be
delivered to the employer by first class mail or, if requested, by
certified or registered mail, return receipt requested, by
electronic transmission, including electronic mail or facsimile
transmission, or by service of citation to:
(1) the person authorized to receive service of
process for the employer in civil cases generally; or
(2) a person designated by the employer, by written
notice to the clerk, to receive orders or writs of withholding.
(d) The clerk may deliver an order or judicial writ of
withholding under Subsection (c) by electronic mail if the employer
has an electronic mail address or by facsimile transmission if the
employer is capable of receiving documents transmitted in that
manner. If delivery is accomplished by electronic mail, the clerk
must request acknowledgment of receipt from the employer or use an
electronic mail system with a read receipt capability. If delivery
is accomplished by facsimile transmission, the clerk's facsimile
machine must create a delivery confirmation report.
SECTION 2. Section 158.105, Family Code, as amended by this
Act, applies only to an order or judicial writ of withholding
delivered to an employer on or after the effective date of this Act.
An order or judicial writ of withholding delivered before the
effective date of this Act is governed by the law in effect on the
date the order or writ was delivered, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2408 was passed by the House on May 9,
2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2408 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate