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A BILL TO BE ENTITLED
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AN ACT
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relating to the child support obligation of certain obligors who |
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are or were incarcerated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.001, Family Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) Notwithstanding Subsections (a) and (a-1), if an |
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obligor's child support obligation has been suspended by the Title |
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IV-D agency under Section 231.1018, the obligor shall continue to |
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support the child as provided by the order until the 180th day after |
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the date the obligation would otherwise have ended under Subsection |
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(a) or (a-1), as applicable. |
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SECTION 2. Subchapter A, Chapter 154, Family Code, is |
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amended by adding Section 154.017 to read as follows: |
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Sec. 154.017. CERTAIN INCARCERATED OBLIGORS. (a) Except |
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as otherwise provided by Subsection (b), if the court renders an |
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order under Chapter 160 establishing a man's paternity of a child |
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and the man is confined or imprisoned at the time the order is |
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rendered: |
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(1) the court shall defer rendering an order under |
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this chapter establishing the man's child support obligation until |
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the 180th day after the date the man is released from confinement or |
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imprisonment; and |
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(2) notwithstanding Section 154.131, the man's child |
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support obligation does not accrue before the 180th day described |
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by Subdivision (1). |
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(b) The court is not required to defer rendering an order as |
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provided by Subsection (a) if the court finds that the man has |
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sufficient financial resources to meet the man's child support |
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obligation during the man's confinement or imprisonment. |
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SECTION 3. Section 156.401, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-3) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), (a-2), (a-3), or |
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(b), the court may modify an order that provides for the support of |
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a child, including an order for health care coverage under Section |
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154.182 or an order for dental care coverage under Section |
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154.1825, if: |
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(1) the circumstances of the child or a person |
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affected by the order have materially and substantially changed |
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since the earlier of: |
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(A) the date of the order's rendition; or |
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(B) the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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or |
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(2) it has been three years since the order was |
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rendered or last modified and the monthly amount of the child |
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support award under the order differs by either 20 percent or $100 |
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from the amount that would be awarded in accordance with the child |
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support guidelines. |
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(a-3) A child support order that has been suspended by the |
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Title IV-D agency under Section 231.1018 may not be modified before |
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the 180th day after the date the obligor is released from |
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confinement or imprisonment. |
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SECTION 4. Section 231.002(e), Family Code, is amended to |
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read as follows: |
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(e) The Title IV-D agency may take the following |
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administrative actions with respect to the location of a parent, |
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the determination of parentage, and the establishment, |
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modification, and enforcement of child support, medical support, |
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and dental support orders required by 42 U.S.C. Section 666(c), |
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without obtaining an order from any other judicial or |
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administrative tribunal: |
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(1) issue an administrative subpoena, as provided by |
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Section 231.303, to obtain financial or other information; |
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(2) order genetic testing for parentage |
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determination, as provided by Chapter 233; |
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(3) order income withholding, as provided by Chapter |
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233, and issue an administrative writ of withholding, as provided |
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by Chapter 158; [and] |
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(4) take any action with respect to execution, |
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collection, and release of a judgment or lien for child support |
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necessary to satisfy the judgment or lien, as provided by Chapter |
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157; and |
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(5) suspend the child support obligation of an obligor |
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released from confinement or imprisonment, as provided by Section |
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231.1018. |
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SECTION 5. Subchapter B, Chapter 231, Family Code, is |
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amended by adding Section 231.1018 to read as follows: |
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Sec. 231.1018. ADMINISTRATIVE SUSPENSION OF SUPPORT |
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OBLIGATION FOR CERTAIN INCARCERATED OBLIGORS. (a) On verification |
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by the Title IV-D agency of the release from confinement or |
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imprisonment in a local, state, or federal jail or prison of a child |
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support obligor who was confined or imprisoned for a period of at |
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least 180 consecutive days, the Title IV-D agency shall |
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administratively suspend the obligor's child support, medical |
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support, and dental support order for a period of 180 days, during |
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which time no support obligation accrues. |
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(b) The Title IV-D agency must, for each administrative |
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suspension of a support obligation under Subsection (a): |
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(1) provide notice of the suspension to the parties to |
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the support order; and |
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(2) file a copy of the notice with the court of |
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continuing, exclusive jurisdiction. |
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(c) The notice provided under Subsection (b) must state: |
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(1) that the obligor's support obligation has been |
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suspended for a period of 180 days; |
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(2) the earliest date on which a court may modify the |
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order under Section 156.401(a-3); and |
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(3) the style and cause number of the case in which the |
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support order was rendered. |
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(d) The suspension of a support obligation under this |
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section takes effect immediately. |
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(e) The suspension of a support obligation under this |
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section does not affect a support obligation due before the |
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effective date of the administrative adjustment. |
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(f) The Title IV-D agency may adopt rules to implement this |
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section. |
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SECTION 6. (a) Section 154.017, Family Code, as added by |
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this Act, applies only to an order establishing paternity rendered |
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on or after the effective date of this Act. |
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(b) Section 154.001, Family Code, as amended by this Act, |
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and Section 231.1018, Family Code, as added by this Act, apply only |
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to an obligor who is released from confinement or imprisonment on or |
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after the effective date of this Act. |
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(c) Section 156.401, Family Code, as amended by this Act, |
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applies only to a suit for modification filed on or after the |
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effective date of this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |