89th Legislature

SB 629

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 629 seeks to amend Section 157.265 of the Texas Family Code to revise how interest accrues on overdue child support payments. The bill proposes reducing the current annual simple interest rate applied to delinquent child support and related arrearages from six percent to three percent. This adjustment would apply across three categories: amounts of overdue support exceeding the monthly obligation, arrearages that have been confirmed and reduced to a judgment, and retroactive or lump-sum child support judgments.

The revised interest rate would apply to child support payments due on or after January 1, 2026. For arrearages that already exist by that date and have not been reduced to judgment, the bill sets a transitional rule: they will continue to accrue interest at the pre-2026 rate until that date, after which the new three percent rate will apply going forward. Similarly, the bill maintains that judgments entered before January 1, 2026, will continue to accrue interest under the law as it existed at the time the judgment was rendered.

The intent of the legislation is to modernize the child support interest accrual framework in Texas. By cutting the interest rate in half, the bill reflects changes in prevailing economic conditions and aims to reduce the long-term financial burden on obligors while maintaining the enforceability of support orders.

The originally filed version of SB 629 focused on reducing the statutory interest rate applied to overdue child support and arrearages from six percent to three percent across three main contexts: (1) delinquent child support above the monthly obligation, (2) arrearages reduced to money judgment, and (3) lump-sum or retroactive child support judgments. Additionally, the original bill repealed subsections (d), (e), and (f) of Section 157.265 of the Family Code and replaced them with transition language in Section 3 to govern how the new interest rate would apply to existing arrearages and judgments depending on the date they accrued or were rendered.

In contrast, the Committee Substitute version retains and modifies subsections (d), (e), and (f) rather than repealing them. It integrates the new 3% interest rate while preserving the original statutory framework for handling support obligations and arrearages accrued before January 1, 2026. This approach creates continuity in the law by maintaining structural elements and clarifying their application under the revised interest rate structure.

Furthermore, the substitute includes more precise cross-references and transition provisions by updating dates and deleting references to the year 2002, which were part of the original historical framework. These changes reflect a desire to preserve legislative clarity and administrative consistency without fully replacing existing statutory subsections.

In summary, the substitute version introduces a more conservative and careful revision to the Family Code by preserving more of the existing statutory language and structure while achieving the same substantive policy goal of halving the interest rate on child support arrearages.
Author
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 629 is not expected to have a significant fiscal impact on the state. The primary change introduced by the bill is the reduction of the interest rate applied to delinquent child support, arrearages reduced to judgment, and retroactive child support judgments, from six percent to three percent, beginning January 1, 2026.

The bill does require updates to the Office of the Attorney General’s (OAG) Child Support IT system to reflect the new interest rate structure. However, it is assumed that the OAG can absorb any associated technology or administrative implementation costs within its existing resources. No new funding or appropriation is deemed necessary to facilitate the changes proposed by the bill.

Similarly, the fiscal note indicates that no significant fiscal implications are anticipated for local governments. Since the proposed changes primarily concern the accrual of interest on child support debt—and not the underlying mechanisms for enforcement or adjudication—the impact on judicial or county-level processes is expected to be minimal.

In conclusion, SB 629 is fiscally neutral from a state and local government perspective, with implementation costs expected to be manageable within current agency budgets. The financial effects of the bill will primarily be felt by individual obligors and obligees, not public institutions.

Vote Recommendation Notes

SB 629 proposes a targeted and reasonable reform to the interest structure applied to overdue child support in Texas. Specifically, it reduces the annual simple interest rate from 6% to 3% on unpaid child support, including delinquent monthly payments, confirmed arrearages, and retroactive or lump-sum judgments. The change would apply to new obligations and certain existing arrears starting January 1, 2026. This proposal represents a meaningful step toward aligning state enforcement mechanisms with current economic conditions and practical realities faced by many Texas families.

The legislation aligns substantially with core liberty principles. It reflects a commitment to limited government by scaling back a long-standing statutory penalty that, while originally intended to encourage compliance, has increasingly acted as a barrier to repayment—particularly for lower-income obligors. By halving the interest rate, the bill also supports individual liberty and economic participation, recognizing that excessive and compounding debt can effectively push people out of the formal economy, limit job opportunities, and make recovery nearly impossible. The measure respects private property rights by ensuring that state-imposed penalties do not disproportionately erode personal financial assets over time.

Concerns have been raised, however, about the potential impact on personal responsibility. Interest on child support debt is designed, in part, to encourage timely payments. Lowering the rate could reduce the urgency for some obligors to meet their obligations promptly, particularly those who are financially able to pay but choose not to. This risk is mitigated by the bill’s retention of all existing enforcement mechanisms—such as wage garnishment, license suspensions, and contempt proceedings—which remain powerful tools for securing compliance. Nonetheless, to fully preserve the accountability component of child support enforcement, a clarifying amendment is recommended.

Specifically, the bill would benefit from an amendment that maintains or enhances enforcement leverage against high-income or willfully noncompliant obligors, such as tiered interest rates based on income, or additional judicial discretion for imposing penalties in bad-faith cases. Such an amendment would strengthen the bill by ensuring it does not inadvertently reduce compliance among those least affected by a lowered interest rate, while still achieving its core objective of easing the burden on those least able to pay.

Importantly, the bill does not grow the size or scope of government. It requires no new spending, programs, or agencies. The Legislative Budget Board concluded that implementation costs—primarily updates to the Office of the Attorney General’s child support system—could be absorbed using existing resources, meaning the bill places no new burden on taxpayers. Additionally, it does not increase the regulatory burden on individuals or businesses; in fact, it modestly reduces the financial and administrative strain on those subject to child support enforcement.

In conclusion, SB 629 reflects a thoughtful and measured adjustment to outdated statutory penalties. It upholds liberty principles by removing government-imposed barriers to financial recovery while maintaining the integrity of child support enforcement. The proposed amendment would only enhance the bill’s balance and effectiveness. Accordingly, Texas Policy Research recommends that lawmakers vote YES on SB 629 but also consider amendments as described above.

  • Individual Liberty: The bill enhances individual liberty by reducing the financial burden imposed by the state on noncustodial parents with delinquent child support. A 6% simple interest rate on unpaid support—regardless of the obligor’s income level—can be financially crippling, especially for low-income individuals. Lowering this rate to 3% gives these individuals a more realistic opportunity to repay what they owe and move toward financial stability. It also reduces the likelihood of long-term debt cycles that can trap obligors in poverty and discourage participation in the formal economy.
  • Personal Responsibility: The bill promotes personal responsibility by making it more feasible for obligors to repay arrears, potentially increasing overall compliance. When the interest is excessively high, many individuals, especially those with low incomes, may be discouraged from making any payments at all, knowing they can never realistically pay off the full amount. However, by reducing the cost of delinquency, the bill may also unintentionally reduce the urgency to pay on time among obligors who can afford to do so. A recommended amendment (e.g., tiered interest rates or enhanced enforcement for willful noncompliance) could help maintain the proper accountability balance.
  • Free Enterprise: While the bill does not directly impact business or market regulation, its indirect effects are beneficial. High child support debt and aggressive interest accrual can push obligors into informal or under-the-table work to avoid wage garnishment or enforcement actions, removing them from the tax base and limiting economic productivity. By easing the repayment burden, SB 629 may encourage more obligors to re-enter or remain in the formal labor force, contributing positively to economic participation.
  • Private Property Rights: Excessive interest rates on child support arrears can function as a form of prolonged state-imposed seizure of an individual's income, particularly when the arrearage accrues faster than the individual can repay it. Reducing the interest rate to 3% brings the penalty closer to a fair compensatory mechanism rather than a punitive one, better protecting the individual’s right to retain and control the fruits of their labor.
  • Limited Government: The bill exemplifies limited government by reducing a statutory financial penalty imposed by the state without weakening the enforcement framework itself. It neither expands the authority of any agency nor introduces new bureaucratic controls. The Legislative Budget Board confirmed that implementation costs can be absorbed within existing resources, and no new taxpayer burdens will be imposed. This restraint in government expansion aligns directly with a limited government approach.
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