HBA-JRA H.J.R. 16 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 16
By: Thompson
Juvenile Justice and Family Issues
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to 1995, child support was the only type of family support that could
be ordered in Texas and the only type of family support for which wages may
be garnished.  The 1995 welfare reform bill included a provision for
limited spousal maintenance in an attempt to keep a spouse with limited job
skills and financial resources off government assistance, but spousal
maintenance has been hard to enforce without a garnishment provision.
Consequently, many ex-spouses who should be receiving spousal maintenance
are not doing so, and remain eligible for and continue to receive
government assistance. 

As proposed, H.J.R. 16 requires the submission to the voters of a
constitutional amendment providing that current wages for personal service
are subject to garnishment for the enforcement of court-ordered spousal
maintenance. 

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 28, Article XVI, Texas Constitution, to provide
that current wages for personal service are subject to garnishment for the
enforcement of court-ordered spousal maintenance. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.