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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of and certain procedures under the |
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Title IV-D program for child support enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 105.008, Family Code, is amended to read |
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as follows: |
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Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE |
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REGISTRY. (a) The clerk of the court shall provide the state case |
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registry with a record of a court order for child support, medical |
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support, and dental support. The record of a support [an] order |
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shall include information provided by the parties on a form |
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developed by the Title IV-D agency. The form shall be completed by |
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the petitioner and submitted to the clerk at the time the order is |
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filed for record. |
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(b) The form described by Subsection (a) may include an |
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option for a party to apply for child support services provided by |
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the Title IV-D agency. If a party applies for child support |
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services, the party or the party's authorized representative must |
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sign the form. |
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(c) To the extent federal funds are available, the Title |
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IV-D agency shall reimburse the clerk of the court for the costs |
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incurred in providing the record of support order required under |
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this section. |
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SECTION 2. Section 111.001(b), Family Code, is amended to |
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read as follows: |
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(b) At least once every four years, the Title IV-D agency |
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shall review the child support guidelines under Chapter 154 as |
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required by 42 U.S.C. Section 667(a) and 45 C.F.R. Section 302.56 |
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and report the results of the review and any recommendations for any |
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changes to the guidelines and their manner of application to the |
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standing committees of each house of the legislature having |
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jurisdiction over family law issues. |
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SECTION 3. Sections 231.0011(c) and (d), Family Code, are |
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amended to read as follows: |
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(c) The Title IV-D agency may contract with any county |
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meeting technical system requirements necessary to comply with |
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federal law for provision of Title IV-D services in that county. |
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The clerk of the court of a county participating in the unified |
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enforcement system shall use a record of support order form |
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described by Section 105.008(b) that includes an option for the |
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obligee or obligor to apply for child support services provided by |
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the Title IV-D agency. [All new cases in which support orders are |
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entered in such county after the effective date of a monitoring |
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contract shall be Title IV-D cases. Any other case in the county, |
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subject to federal requirements and the agreement of the county and |
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the Title IV-D agency, may be included as a Title IV-D case. Any |
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obligee under a support order may refuse Title IV-D enforcement |
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services unless required to accept such services pursuant to other |
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law.] |
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(d) Counties participating in the unified enforcement |
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system shall monitor all assigned Title IV-D child support |
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[registry] cases and on delinquency may, subject to the approval of |
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the Title IV-D agency, provide enforcement services through: |
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(1) direct provision of services by county personnel; |
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(2) subcontracting all or portions of the services to |
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private entities or attorneys; or |
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(3) such other methods as may be approved by the Title |
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IV-D agency. |
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SECTION 4. Section 231.104, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Filing a notice of assignment of support rights, a |
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notice of change of payee under Section 231.105, or a pleading by |
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the Title IV-D agency in a suit under this title is evidence of the |
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assignment of support rights to the Title IV-D agency in that cause |
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and is admissible as evidence of the truth of the assignment of |
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support rights and does not require further authentication or |
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verification. |
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SECTION 5. Section 233.018, Family Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) A party may sign a waiver under this section using a |
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digitized signature. |
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(d) A waiver under this section must be: |
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(1) sworn before a notary public; or |
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(2) executed using an unsworn declaration under |
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Section 132.001, Civil Practice and Remedies Code. |
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(e) Notwithstanding Subsection (a)(2), the mailing address |
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of a party shall be omitted if: |
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(1) the court has previously made a finding and |
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ordered nondisclosure under Section 105.006(c) relating to the |
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parties and the order has not been superseded; or |
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(2) the child support review order contains an agreed |
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finding and order under Section 105.006(c). |
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SECTION 6. Section 233.021(c), Family Code, is amended to |
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read as follows: |
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(c) The clerk shall deliver by personal service or, if |
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court-ordered, a method of substituted service, a copy of the |
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petition for confirmation of a nonagreed review order and a copy of |
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the order, to each party entitled to service who has not waived |
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service. |
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SECTION 7. Section 233.024(a), Family Code, is amended to |
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read as follows: |
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(a) On the filing of an agreed child support review order |
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signed by all parties, together with waiver of service, the court |
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shall sign the order not later than the seventh [third] day after |
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the filing of the order. On expiration of the seventh [third] day |
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after the filing of the order, the order is considered confirmed by |
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the court by operation of law, regardless of whether the court has |
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signed the order. The court may sign the order before filing the |
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order, but the signed order shall immediately be filed. |
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SECTION 8. The changes in law made by this Act to Sections |
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105.008 and 231.0011, Family Code, apply to a suit affecting the |
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parent-child relationship pending in a trial court on or filed on or |
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after the effective date of this Act. |
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SECTION 9. The change in law made by this Act to Section |
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233.021(c), Family Code, applies only to a petition for |
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confirmation of a nonagreed order filed on or after the effective |
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date of this Act. A petition filed before the effective date of |
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this Act is governed by the law in effect on the date the petition |
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was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 10. The change in law made by this Act to Section |
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233.024(a), Family Code, applies only to an agreed child support |
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review order filed on or after the effective date of this Act. An |
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order filed before the effective date of this Act is governed by the |
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law in effect on the date the order was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2021. |