Swanson’s bill moving child support up in estate payments

The text as introduced · 464 words

89R13752 EAS-D

By: Swanson
H.B. No. 3311

A BILL TO BE ENTITLED

AN ACT

relating to priority of payments for claims against a decedent's

estate.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 355.102(d) and (e), Estates Code, are

amended to read as follows:

(d) Class 3 claims are composed of claims:

(1) for the principal amount of and accrued interest

on delinquent child support and child support arrearages that have

been:

(A) confirmed as a judgment or a determination of

arrearages by a court under Title 5, Family Code; or

(B) administratively determined as evidenced by

a certified child support payment record produced by the Title IV-D

agency, as defined by Section 101.033, Family Code, in a Title IV-D

case, as defined by Section 101.034, Family Code; and

(2) for unpaid child support obligations under Section

154.015, Family Code [ each secured claim for money under Section

355.151(a)(1), including a tax lien, to the extent the claim can be

paid out of the proceeds of the property subject to the mortgage or

other lien. If more than one mortgage, lien, or security interest

exists on the same property, the claims shall be paid in order of

priority of the mortgage, lien, or security interest securing the

debt ].

(e) Class 4 claims are composed of each secured claim for

money under Section 355.151(a)(1), including a tax lien, to the

extent the claim can be paid out of the proceeds of the property

subject to the mortgage or other lien. If more than one mortgage,

lien, or security interest exists on the same property, the claims

shall be paid in order of priority of the mortgage, lien, or

security interest securing the debt [ claims:

[ (1) for the principal amount of and accrued interest

on delinquent child support and child support arrearages that have

been:

[ (A) confirmed as a judgment or a determination

of arrearages by a court under Title 5, Family Code; or

[ (B) administratively determined as evidenced by

a certified child support payment record produced by the Title IV-D

agency, as defined by Section 101.033, Family Code, in a Title IV-D

case, as defined by Section 101.034, Family Code; and

[ (2) for unpaid child support obligations under

Section 154.015, Family Code ].

SECTION 2. Sections 355.102(d) and (e), Estates Code, as

amended by this Act, apply only to the estate of a decedent who dies

on or after the effective date of this Act. The estate of a decedent

who dies before the effective date of this Act is governed by the

law in effect on the date of the decedent's death, and the former

law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.