1-1  By:  Hilderbran, Cuellar of Webb                      H.B. No. 1192
    1-2       (Senate Sponsor - Wentworth)
    1-3        (In the Senate - Received from the House May 13, 1993;
    1-4  May 14, 1993, read first time and referred to Committee on
    1-5  Jurisprudence; May 25, 1993, reported favorably by the following
    1-6  vote:  Yeas 5, Nays 1; May 25, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant                              x   
   1-11        Brown              x                               
   1-12        Harris of Dallas   x                               
   1-13        Luna               x                               
   1-14        Parker                    x                        
   1-15        West               x                               
   1-16                         A BILL TO BE ENTITLED
   1-17                                AN ACT
   1-18  relating to enforcement alternatives for contempt orders for
   1-19  certain obligors who are delinquent in child support payments.
   1-21        SECTION 1.  Subchapter B, Chapter 14, Family Code, is amended
   1-22  by adding Section 14.401 to read as follows:
   1-24  ORDERS.  (a)  A court finding that an obligor is in contempt of
   1-25  court for failure or refusal to make a child support payment may
   1-26  order the obligor to participate in adult basic education or
   1-27  job-training programs offered by the Central Education Agency, the
   1-28  Texas Department of Commerce, or another agency or entity as
   1-29  provided by this section.
   1-30        (b)  The court may order an obligor who has not completed
   1-31  high school or earned an equivalent degree to participate in an
   1-32  adult basic education program approved by the court.  The court may
   1-33  approve a program only if the program establishes a time line for
   1-34  participation and completion of the program by the obligor and is
   1-35  designed to lead to the completion of a high school diploma or
   1-36  equivalent degree program for the obligor.
   1-37        (c)  The court may order an obligor to apply for a program
   1-38  approved by the court offered under the Texas Job-Training
   1-39  Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes).
   1-40  An obligor ordered to apply for a job-training program under this
   1-41  subsection shall provide proof to the court that the obligor has
   1-42  made a good faith effort to be accepted to and participate fully in
   1-43  the program.  The court may approve a program only if the program:
   1-44              (1)  provides on-the-job training;
   1-45              (2)  trains the obligor for a trade or occupation in
   1-46  which employment opportunities exist at the time the obligor is
   1-47  ordered to participate in the program; and
   1-48              (3)  allows the obligor to earn income immediately on
   1-49  beginning the program.
   1-50        (d)  The court may order an obligor to apply for a special
   1-51  program for child support obligors administered by the Texas
   1-52  Department of Commerce under the Texas Job-Training Partnership Act
   1-53  (Article 4413(52), Vernon's Texas Civil Statutes), if a special
   1-54  program is established.  A participant in the special program must
   1-55  be an obligor who has not been found by the court to be delinquent
   1-56  in child support payments on a previous occasion and who has a high
   1-57  school diploma or the equivalent degree.
   1-58        (e)  The court may order an obligor to participate in a
   1-59  public or private local program that meets the requirements of
   1-60  Subsection (b) or (c) of this section, if a program exists in the
   1-61  area where the court is located.
   1-62        (f)  The court has the exclusive right to determine the
   1-63  enforcement option, if any, that is appropriate for an obligor
   1-64  under this section.  In making a determination under this section,
   1-65  the court may consult any source that may reasonably assist the
   1-66  court in predicting the likelihood of an obligor's success in a
   1-67  program.
   1-68        (g)  An obligor is not eligible to participate in an
    2-1  alternative enforcement option under this section on more than one
    2-2  occasion.
    2-3        SECTION 2.  The Texas Job-Training Partnership Act (Article
    2-4  4413(52), Vernon's Texas Civil Statutes) is amended by adding
    2-5  Section 12 to read as follows:
    2-6        Sec. 12.  JOB TRAINING FOR CHILD SUPPORT OBLIGORS.  (a)  The
    2-7  Texas Department of Commerce shall establish a special program to
    2-8  be administered under this Act to provide job-training programs for
    2-9  persons who are found to be delinquent in court-ordered child
   2-10  support payments and ordered to participate in job-training
   2-11  programs under Section 14.401, Family Code.
   2-12        (b)  The department shall solicit funds for the establishment
   2-13  of the special program under this section.
   2-14        (c)  The department shall make a report to the lieutenant
   2-15  governor and the speaker of the house of representatives not later
   2-16  than December 1, 1994, concerning:
   2-17              (1)  the department's success in soliciting funds for
   2-18  the special program under Subsection (a) of this section; and
   2-19              (2)  the success of the special program as evaluated by
   2-20  the department's evaluator under this Act.
   2-21        (d)  The department shall allocate positions in on-the-job
   2-22  training programs offered under this Act to child support obligors
   2-23  who are:
   2-24              (1)  obligated to support children who are recipients
   2-25  of financial assistance and services under Chapter 31, Human
   2-26  Resources Code; and
   2-27              (2)  found to be delinquent in court-ordered child
   2-28  support payments and ordered to participate in job-training
   2-29  programs under Section 14.401, Family Code.
   2-30        SECTION 3.  (a)  This Act takes effect September 1, 1993, and
   2-31  applies only to the enforcement by contempt of a child support
   2-32  order that is entered or modified on or after that date.
   2-33        (b)  The enactment of this Act is not sufficient by itself to
   2-34  constitute a material and substantial change in the circumstances
   2-35  of a child for whose benefit a child support order has been entered
   2-36  to warrant modification of the order under Section 14.08, Family
   2-37  Code.
   2-38        SECTION 4.  The importance of this legislation and the
   2-39  crowded condition of the calendars in both houses create an
   2-40  emergency and an imperative public necessity that the
   2-41  constitutional rule requiring bills to be read on three several
   2-42  days in each house be suspended, and this rule is hereby suspended.
   2-43                               * * * * *
   2-44                                                         Austin,
   2-45  Texas
   2-46                                                         May 25, 1993
   2-47  Hon. Bob Bullock
   2-48  President of the Senate
   2-49  Sir:
   2-50  We, your Committee on Jurisprudence to which was referred H.B.
   2-51  No. 1192, have had the same under consideration, and I am
   2-52  instructed to report it back to the Senate with the recommendation
   2-53  that it do pass and be printed.
   2-54                                                         Henderson,
   2-55  Chairman
   2-56                               * * * * *
   2-57                               WITNESSES
   2-58                                                  FOR   AGAINST  ON
   2-59  ___________________________________________________________________
   2-60  Name:  Bruce Elfant                              x
   2-61  Representing:  Constable Pct's Assn.
   2-62  City:  Austin
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