By Thompson of Harris H.B. No. 792
Substitute the following for H.B. No. 792:
By Puente C.S.H.B. No. 792
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of a statewide plan for child
1-3 support by the attorney general's office and awards of costs in
1-4 Title IV-D cases.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 76.002, Human Resources Code, is amended
1-7 by amending Subsection (b) and adding new Subsections (f) and (g)
1-8 to read as follows:
1-9 (b) The attorney general may assist in the judicial
1-10 determination of the paternity of a child <who has no presumed
1-11 father whose support rights have been assigned to the attorney
1-12 general's office>.
1-13 (f) The attorney general may take any actions with respect
1-14 to execution, collection, and release of a judgment or lien for
1-15 child support as necessary to satisfy the judgment or lien.
1-16 (g) The attorney general may secure the production of
1-17 evidence and take the testimony of a witness in any proceeding
1-18 brought under this chapter. The attorney general may pay all fees,
1-19 expenses, costs and bills necessary to secure such evidence and
1-20 take such testimony, including advance payments or purchases for
1-21 transportation, lodging, meals and incidental expenses of
1-22 custodians of evidence or witnesses whose transportation is
1-23 necessary and proper for the production of evidence or taking of
1-24 testimony. In making payments under this subsection, the attorney
2-1 general shall present vouchers to the comptroller that have been
2-2 sworn to by the custodian or witness and approved by the attorney
2-3 general. The voucher shall be sufficient to authorize payment
2-4 under this subsection without the necessity of a written contract.
2-5 The attorney general make directly pay a commercial transportation
2-6 company or commercial lodging establishment for the expense of
2-7 transportation or lodging of a custodian or witness.
2-8 SECTION 2. Section 76.003, Human Resources Code, is amended
2-9 by amending Subsection (b), and adding Subsection (e) to read as
2-10 follows:
2-11 76.003. Assignment of right to support
2-12 (b) Child support payments for the benefit of a <recipient>
2-13 child <or a child other than a recipient child for> whose support
2-14 rights have been assigned to <benefit> the attorney general under
2-15 this section or under Section 76.004 shall <has provided service
2-16 under this chapter may> be made payable to and transmitted to the
2-17 attorney general. If a court has ordered support payments to an
2-18 applicant for or recipient of financial assistance or to a person
2-19 other than such applicant or recipient, the attorney general may
2-20 file notice of the assignment with the court ordering the payments.
2-21 The notice must include:
2-22 (1) a statement that the child is an applicant for or
2-23 recipient of financial assistance, or a child other than a
2-24 recipient child for whom services are provided;
2-25 (2) the name of the child and the caretaker for whom
2-26 support has been ordered by the court;
2-27 (3) the style and cause number of the case in which
3-1 support was ordered; and
3-2 (4) a request that the payments ordered be made
3-3 payable and transmitted to the attorney general's office.
3-4 (e) The attorney general may file a notice of termination of
3-5 assignment which may include a request that all or a portion of the
3-6 payments be made payable to the attorney general and to such other
3-7 persons who are entitled to receive such payments. Upon receipt of
3-8 notice of termination of assignment the court shall order that the
3-9 payments be directed as set forth in the notice.
3-10 SECTION 3. Sections 76.006(a), (b), and (c), Human Resources
3-11 Code, are amended in to read as follows:
3-12 (a) Except as provided in Subsection (c), all <All> files
3-13 and records of services provided under this chapter, including
3-14 information concerning a custodial parent, noncustodial parent,
3-15 child, and an alleged or <father of a child who has no> presumed
3-16 father are confidential.
3-17 (b) Except as provided by Subsection (c), all <All>
3-18 communications made by a recipient of financial assistance under
3-19 Chapter 31 of this code or an applicant for or recipient of
3-20 services under Section 76.004 of this chapter are privileged.
3-21 (c) The attorney general may use or release <Release of>
3-22 information from the files and records, including information that
3-23 results from a communication made by a recipient of financial
3-24 assistance under Chapter 31 or by an applicant for or recipient of
3-25 services under Section 76.004, for <shall be restricted to>
3-26 purposes directly connected with the administration of the child
3-27 support, paternity determination, parent locator, or aid to
4-1 families with dependent children programs.
4-2 SECTION 4. 76.007, Human Resources Code, is amended by
4-3 amending Subsections (a) and (b) and adding Subsections (d), (e),
4-4 (f), and (g) to read as follows:
4-5 (a) Attorneys employed by the attorney general may represent
4-6 this <the> state or another state <other parties> in an action <a
4-7 suit to establish or modify a child support obligation, collect
4-8 child support, or determine paternity> brought under the authority
4-9 of federal law or this chapter.
4-10 (b) The attorney general may contract with private attorneys
4-11 or political subdivisions of the state to represent this state or
4-12 another state <parties> in an action <legal actions to establish or
4-13 modify child support obligations, to collect child support, or to
4-14 determine paternity,> brought under the authority of federal law or
4-15 this chapter.
4-16 (d) An attorney employed by the attorney general or as
4-17 otherwise provided by this chapter represents the interest of the
4-18 State and not the interest of any other party. The provision of
4-19 services by an attorney under this chapter does not create an
4-20 attorney-client relationship between the attorney and any other
4-21 party. The attorney general's office shall, at the time of
4-22 application for child support services is made, inform the
4-23 applicant that neither the attorney general's office nor any
4-24 attorney who provides services under this chapter is the
4-25 applicant's attorney and that the attorney providing services under
4-26 this chapter does not provide legal representation to the
4-27 applicant.
5-1 (e) An attorney employed by the attorney general or as
5-2 otherwise provided under this chapter may not be appointed nor act
5-3 as a guardian ad litem or attorney ad litem for a child or another
5-4 party.
5-5 (f) The provision of services by the attorney general's
5-6 office under this chapter or Part D of Title IV of the federal
5-7 Social Security Act (42 U.S.C. 651, et seq.) does not authorize
5-8 service on the attorney general's office of any legal notice that
5-9 is required to be served on any party other than the attorney
5-10 general.
5-11 (g) A court shall not disqualify the attorney general in a
5-12 legal action brought under this chapter or Part D of Title IV of
5-13 the federal Social Security Act (42 U.S.C. 651, et seq.) on the
5-14 basis that the attorney general has previously provided services to
5-15 a party whose interests may be now be adverse to the relief sought
5-16 by the attorney general in providing services under this chapter.
5-17 SECTION 5. Chapter 76, Human Resources Code, is amended by
5-18 adding Section 76.011 to read as follows:
5-19 Sec. 76.011 EMPLOYER NEW-HIRE REPORTING PROGRAM (a) The
5-20 attorney general shall create and develop a voluntary Employer New
5-21 Hire Reporting (ENHR) program in the Child Support Enforcement
5-22 Division of the office of the attorney general. The ENHR program
5-23 shall provide a means for employers to assist in the state's
5-24 efforts to locate absent parents who owe child support and collect
5-25 support from those parents by reporting information concerning
5-26 newly-hired and re-hired employees directly to the Child Support
5-27 Enforcement program.
6-1 (b) To ensure timely receipt of information, the ENHR
6-2 program shall provide that employers participating in the program
6-3 report new-hires and re-hires within ten working days of hire.
6-4 (c) The ENHR program shall apply to any person who:
6-5 (1) will be employed for more than one month's
6-6 duration;
6-7 (2) will be paid for more than three hundred fifty
6-8 hours during a continuous six-month period; or
6-9 (3) will have gross earnings of more than $300 in each
6-10 month of employment.
6-11 (d) Any employer doing business in the state of Texas may
6-12 voluntarily participate in the ENHR program by reporting to the
6-13 attorney general:
6-14 (1) the hiring of any person who resides or works in
6-15 this state to whom the employer anticipates paying earnings; or
6-16 (2) the rehiring or return to work of any employee who
6-17 was laid off, furloughed, separated, granted leave without pay, or
6-18 terminated from employment.
6-19 (e) Employers participating in the ENHR program may provide
6-20 information to the attorney general by:
6-21 (1) sending a copy of the new employee's W-4 form; or
6-22 (2) completing a form supplied by the attorney
6-23 general; or
6-24 (3) any other means authorized by the attorney general
6-25 for conveying information, including electronic transmission or
6-26 delivery of data tapes containing the employee's name, address,
6-27 social security number, date of birth and salary information, and
7-1 the employer's name, address, and employer identification number.
7-2 (f) An employer participating in the ENHR program is
7-3 authorized by this section to disclose the information described
7-4 above, and is not liable to the employee for such disclosure or any
7-5 subsequent use by the attorney general of the information.
7-6 (g) For each employee reported under the ENHR program, the
7-7 attorney general shall retain the information only if the attorney
7-8 general is responsible for establishing, enforcing, or collecting a
7-9 support obligation or debt of the employee. If the attorney
7-10 general is not responsible for establishing, enforcing or
7-11 collecting a support obligation or debt of the employee, the
7-12 attorney general shall not create a record regarding the employee
7-13 and the information contained in the notice shall be promptly
7-14 destroyed.
7-15 (h) In cooperation with the Texas Employment Commission and
7-16 representatives of the private sector, the attorney general shall
7-17 develop a plan for phasing in implementation of this program,
7-18 acknowledging employer participation in the program, and
7-19 publicizing the availability of this program to Texas employers.
7-20 (i) Neither the attorney general nor anyone employed by the
7-21 attorney general shall appear in any promotion related to this
7-22 section.
7-23 SECTION 6. Section 11.181(a), Family Code, is amended to
7-24 read as follows:
7-25 At the conclusion of a Title IV-D case, the court <shall> may
7-26 assess attorney's fees and all <other> court costs as authorized by
7-27 law against the nonprevailing party, except that the court may not
8-1 assess those amounts against the attorney general<,> or a private
8-2 attorney or political subdivision that has entered into a contract
8-3 under Section 76.007(b), Human Resources Code, or any party to whom
8-4 <represented by> the attorney general has provided services under
8-5 this chapter. Such fees and costs shall be such as are provided
8-6 for all other litigants in similar cases, and shall in no way
8-7 represent, or be measured by administrative costs included under
8-8 the statewide plan for child support provided by Chapter 76, Human
8-9 Resources Code.
8-10 SECTION 7. All funds received from the federal government as
8-11 reimbursement for the costs of contracts entered into by the
8-12 attorney general pursuant to Sections 76.002(d) and 76.007(b),
8-13 Human Resources Code, shall be in excess of any amount appropriated
8-14 to the attorney general by other Acts of the 73rd Legislature and
8-15 are hereby appropriated to the attorney general for the purposes
8-16 authorized by Chapter 76, Human Resources Code, for the fiscal
8-17 years ending August 31, 1994, and August 31, 1995.
8-18 SECTION 8. (a) This act takes effect September 1, 1993.
8-19 (b) The change in law made by this Act to Section 76.007,
8-20 Human Resources Code, applies to the provision of services by an
8-21 attorney without regard to whether the services were provided
8-22 before, on, or after the effective date of this Act.
8-23 SECTION 9. The importance of this legislation and the
8-24 crowded condition of the calendars in both houses create an
8-25 emergency and an imperative public necessity that the
8-26 constitutional rule requiring bills to be read on three several
8-27 days in each house be suspended, and this rule is hereby suspended.