HBA-CBW C.S.H.B. 336 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 336
By: West, George "Buddy"
Juvenile Justice & Family Issues
5/3/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the court does not require that an obligee (custodial
parent) establish a separate child support account to receive payments from
the obligor (noncustodial parent).  In some cases,  the money is given to
the custodial parent  from the noncustodial parent with the sole intent of
supporting the child, but often the money is spent on things other than the
child. C.S.H.B. 336 authorizes  the court, on request,  to order an
accounting of the expenditure of child support payments if the total child
support obligation exceeds $750 per month. 

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. 

ANALYSIS

C.S.H.B. 336 amends the Family Code to authorize the court, on the request
of a party to a child support order and for good cause shown,  to order an
accounting of the expenditure of child support payments if the total child
support obligation exceeds $750 per month.  The bill prohibits the
accounting required by the court order from including a duty to account for
money deposited in the account before the 12 months preceding the date of
the order.   

If, after a hearing, the court finds that child support payments are not
being used for the benefit of the child, the bill authorizes the court to
order the obligee to open a child support account with a financial
institution solely for the receipt and use of child support payments. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 336 differs from the original bill by authorizing the court to
order an accounting of the expenditure of child support payments and by
prohibiting the accounting from including a duty to account for money
deposited in the account before the 12 months preceding the date of the
court order.   

The substitute conditions the opening of a child support account on whether
the court finds that the child support payments are not being used for the
benefit of the child, rather than requiring the court to order the obligee
to open such an account if monthly child support payments are in an amount
equal to or greater than $600. 

The substitute removes the provision requiring the office of the attorney
general, a local registry, or the state disbursement unit to electronically
transfer the child support payments to a financial institution for
placement in a separate child support account.  The substitute removes the
provision requiring the obligee to notify  the obligor and the office of
the attorney general, local registry, or state disbursement unit that the
obligee has opened a separate child support account.  The substitute
removes the provision requiring the obligee to furnish the obligor and the
office of the attorney general, local registry, or state disbursement unit
with the name of the financial institution and the account number.  

The substitute removes provisions regarding responsibility for the costs of
the separate child support account and access to account records and
statements.  The substitute also differs from the original by removing the
provision establishing that such records and statements are subject to
subpoena. The substitute differs from the original by providing an
exemption from accounting of child support expenditures for a case of the
office of the attorney general in which an electronic benefits transfer is
used.