HBA-SEB H.B. 1348 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1348
By: Goodman
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, a claim of delinquent child support owed by
an obligor's estate had Class 7 priority, following claims in Classes 1
through 6 owed by a decedent.  The Class 7 priority followed funeral
expenses and expenses of last sickness, costs of administering and managing
the estate, secured claims, including tax liens, claims for taxes,
penalties, and interest due, claims for the costs of confinement in the
Texas Department of Criminal Justice (TDCJ), and claims for repayment of
medical assistance payments made by the state to the decedent.  H.B. 1348
places claims for the principal amount and accrued interest of delinquent
child support in Class 4, ahead of claims  for taxes, penalties, and
interest due, claims for the costs of confinement in TDCJ, and claims for
repayment of medical assistance. 
        
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 322, Texas Probate Code, to require claims for
the principal amount of and accrued interest on delinquent child support
and child support arrearages that have been confirmed and reduced to money
judgment, as determined under Subchapter F, Chapter 157, Family Code
(Judgment and Interest), to have Class 4 priority against an estate of a
decedent, following funeral expenses and medical bills, estate management
expenses, and secured claims.  Redesignates Classes 5-7 to Classes 6-8.  

SECTION 2.  Effective date:  September 1, 1999.
             Makes application of this Act prospective.

SECTION 3.  Emergency clause.