88R1195 JSC-D     By: Vasut H.B. No. 1202       A BILL TO BE ENTITLED   AN ACT   relating to restitution payments for the support of a child whose   parent or guardian is a victim of intoxication manslaughter.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0375 to read as follows:          Art. 42.0375.  MANDATORY RESTITUTION FOR CHILD OF VICTIM OF   INTOXICATION MANSLAUGHTER. (a) The court shall order a defendant   convicted of an offense under Section 49.08, Penal Code, to pay   restitution for a child whose parent or guardian was the victim of   the offense.          (b)  Notwithstanding Article 42.037(g) and subject to   Subsection (c), the court shall determine an amount to be paid   monthly for the support of the child until the child reaches 18   years of age or has graduated from high school, whichever is later.          (c)  The defendant may not be required to pay restitution   under this article to an individual who is 21 years of age or older.          (d)  The court shall determine an amount for restitution   under this article that is reasonable and necessary to support the   child, considering all relevant factors including:                (1)  the financial needs and resources of the child;                (2)  the financial needs and resources of the surviving   parent or guardian or other current guardian of the child or, if   applicable, the financial resources of the state if the Department   of Family and Protective Services has been appointed as temporary   or permanent managing conservator of the child;                (3)  the standard of living to which the child is   accustomed;                (4)  the physical and emotional condition of the child   and the child's educational needs;                (5)  the child's physical and legal custody   arrangements; and                (6)  the reasonable work-related child care expenses of   the surviving parent or guardian or other current guardian, if   applicable.          (e)  The order must require restitution payments to be:                (1)  delivered in the manner described by Article   42.037(g-2)(3); and                (2)  directed to the parent or guardian of the child or   the Department of Family and Protective Services, as applicable.          (f)  If a defendant ordered to pay restitution under this   article is unable to make the required restitution payments because   the defendant is confined or imprisoned in a correctional facility,   the defendant shall begin payments not later than the first   anniversary of the date of the defendant's release from the   facility. The defendant may enter into a payment plan to address   any arrearage that exists on the date of the defendant's release.   The defendant must pay all arrearages regardless of whether the   restitution payments were scheduled to terminate while the   defendant was confined or imprisoned in the correctional facility.          (g)  The amount of restitution paid under this article shall   be deducted from any civil judgment against the defendant as   provided by Article 42.037(f)(2).          (h)  A restitution order issued under this article may be   enforced by the state, or by a person or a parent or guardian of the   person named in the order to receive the restitution, in the same   manner as a judgment in a civil action.          SECTION 2.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2023.