(a) An employer who is required by state or federal law to deduct from the current wages of an employee an amount garnished under a withholding order may deduct monthly an administrative fee as provided by Subsection (b) from the employee’s disposable earnings in addition to the amount required to be withheld under the withholding order. This section does not apply to income withholding under Chapter 158, Family Code.
(b) The administrative fee deducted under Subsection (a) may not exceed the lesser of:
(1) the actual administrative cost incurred by the employer in complying with the withholding order; or
Terms Used In Texas Civil Practice and Remedies Code 63.006
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
(c) For the purposes of this section, “withholding order” means:
(1) a withholding order issued under Section 488A, Part F, Subchapter IV, Higher Education Act of 1965 (20 U.S.C. Section 1095a); and
(2) any analogous order issued under a state or federal law that:
(A) requires the garnishment of an employee’s current wages; and
(B) does not contain an express provision authorizing or prohibiting the payment of the administrative costs incurred by the employer in complying with the garnishment by the affected employee.