S.B. No. 1661
  relating to child support liens on real property.
         SECTION 1.  Subchapter G, Chapter 157, Family Code, is
  amended by adding Section 157.3171 to read as follows:
  (a)  An obligor who believes that a child support lien has attached
  to real property of the obligor that is the obligor's homestead, as
  defined by Section 41.002, Property Code, may file an affidavit to
  release the lien against the homestead in the same manner that a
  judgment debtor may file an affidavit under Section 52.0012,
  Property Code, to release a judgment lien against a homestead.
         (b)  Except as provided by Subsection (c), the obligor must
  comply with all requirements imposed by Section 52.0012, Property
  Code. For purposes of complying with that section, the obligor is
  considered to be a judgment debtor under that section and the
  claimant under the child support lien is considered to be a judgment
  creditor under that section.
         (c)  For purposes of Section 52.0012(d)(2), Property Code,
  and the associated text in the affidavit required by Section
  52.0012(f), Property Code, the obligor is required only to send the
  letter and affidavit described in those provisions to the claimant
  under the child support lien at the claimant's last known address.
         (d)  The claimant under the child support lien may dispute
  the obligor's affidavit by filing a contradicting affidavit in the
  manner provided by Section 52.0012(e), Property Code.
         (e)  Subject to Subsection (f), an affidavit filed by an
  obligor under this section has the same effect with respect to a
  child support lien as an affidavit filed under Section 52.0012,
  Property Code, has with respect to a judgment lien.
         (f)  If the claimant files a contradicting affidavit as
  described by Subsection (d), the issue of whether the real property
  is subject to the lien must be resolved in an action brought for
  that purpose in the district court of the county in which the real
  property is located and the lien was filed.
         SECTION 2.  Section 157.318, Family Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
         (a)  Subject to Subsection (d), a [A] lien is effective until
  all current support and child support arrearages, including
  interest, any costs and reasonable attorney's fees, and any Title
  IV-D service fees authorized under Section 231.103 for which the
  obligor is responsible, have been paid or the lien is otherwise
  released as provided by this subchapter.
         (d)  A lien is effective with respect to real property until
  the 10th anniversary of the date on which the lien notice was filed
  with the county clerk. A lien subject to the limitation prescribed
  by this subsection may be renewed for subsequent 10-year periods by
  filing a renewed lien notice in the same manner as the original lien
  notice.  For purposes of establishing priority, a renewed lien
  notice filed before the applicable 10th anniversary relates back to
  the date the original lien notice was filed. A renewed lien notice
  filed on or after the applicable 10th anniversary has priority over
  any other lien recorded with respect to the real property only on
  the basis of the date the renewed lien notice is filed.
         SECTION 3.  Subsection (h), Section 231.002, Family Code, is
         SECTION 4.  The changes in law made by this Act to Section
  157.318, Family Code, apply only to a child support lien notice that
  is filed on or after the effective date of this Act.
         SECTION 5.  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, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 1661 passed the Senate on
  April 27, 2009, by the following vote:  Yeas 29, Nays 2.
  Secretary of the Senate    
         I hereby certify that S.B. No. 1661 passed the House on
  May 14, 2009, by the following vote:  Yeas 144, Nays 0, one
  present not voting.
  Chief Clerk of the House