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.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subchapter B, Chapter 14, Family Code, is amended
1-22 by adding Section 14.401 to read as follows:
1-23 Sec. 14.401. ALTERNATIVE ENFORCEMENT OPTIONS FOR CONTEMPT
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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