H.B. No. 3017
 
 
 
 
AN ACT
  relating to determination of the amount of certain child support
  obligations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.062(b), Family Code, is amended to
  read as follows:
         (b)  Resources include:
               (1)  100 percent of all wage and salary income and other
  compensation for personal services (including commissions,
  overtime pay, tips, and bonuses);
               (2)  interest, dividends, and royalty income;
               (3)  self-employment income;
               (4)  net rental income (defined as rent after deducting
  operating expenses and mortgage payments, but not including noncash
  items such as depreciation); and
               (5)  all other income actually being received,
  including severance pay, retirement benefits, pensions, trust
  income, annuities, capital gains, social security benefits other
  than supplemental security income, United States Department of
  Veterans Affairs disability benefits other than
  non-service-connected disability pension benefits, as defined by
  38 U.S.C. Section 101(17), unemployment benefits, disability and
  workers' compensation benefits, interest income from notes
  regardless of the source, gifts and prizes, spousal maintenance,
  and alimony.
         SECTION 2.  Section 154.066, Family Code, is amended to read
  as follows:
         Sec. 154.066.  INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT.
  (a)  If the actual income of the obligor is significantly less than
  what the obligor could earn because of intentional unemployment or
  underemployment, the court may apply the support guidelines to the
  earning potential of the obligor.
         (b)  In determining whether an obligor is intentionally
  unemployed or underemployed, the court may consider evidence that
  the obligor is a veteran, as defined by 38 U.S.C. Section 101(2),
  who is seeking or has been awarded:
               (1)  United States Department of Veterans Affairs
  disability benefits, as defined by 38 U.S.C. Section 101(16); or
               (2)  non-service-connected disability pension
  benefits, as defined by 38 U.S.C. Section 101(17).
         SECTION 3.  Section 154.068, Family Code, is amended to read
  as follows:
         Sec. 154.068.  WAGE AND SALARY PRESUMPTION. In the absence
  of evidence of a party's resources, as defined by Section
  154.062(b) [the wage and salary income of a party], the court shall
  presume that the party has income [wages or salary] equal to the
  federal minimum wage for a 40-hour week to which the support
  guidelines may be applied.
         SECTION 4.  The changes in law made by this Act to Sections
  154.062, 154.066, and 154.068, Family Code, apply only to a
  proceeding to establish or modify a child support obligation that
  is pending in a trial court on or filed on or after the effective
  date of this Act.
         SECTION 5.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3017 was passed by the House on May 8,
  2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3017 was passed by the Senate on May
  20, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor