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