By Goodman, Hill, Carona, et al. H.B. No. 1433
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement, collection, and withholding of income
1-3 for child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.01, Family Code, is amended by adding
1-6 Subdivision (11) to read as follows:
1-7 (11) "Local registry" means an agency or entity
1-8 operated under the authority of a district clerk, county
1-9 government, juvenile board, juvenile probation office, domestic
1-10 relations office, or other county agency or entity that serves a
1-11 county or a court that has jurisdiction under this title and that:
1-12 (1) receives child support payments;
1-13 (2) maintains records of child support payments;
1-14 (3) distributes child support payments as
1-15 required by law; and
1-16 (4) maintains custody of official child support
1-17 payment records.
1-18 SECTION 2. Section 11.05(h), Family Code, is amended to read
1-19 as follows:
1-20 (h) During the transfer of a suit affecting the parent-child
1-21 relationship from a court with continuing jurisdiction, the
1-22 transferring court retains jurisdiction to enter temporary orders.
1-23 The jurisdiction of the transferring court terminates on the
1-24 docketing of the case in the transferee court. The transferring
2-1 court's local <child support> registry shall continue to receive,
2-2 record, and disburse child support payments to the payee until
2-3 receipt of notice that the transferred case has been docketed by
2-4 the transferee court. After receipt of notice of docketing, the
2-5 transferring court's local registry shall send a certified copy of
2-6 the child support payment record to the clerk of the transferee
2-7 court and shall forward any payments received to the transferee
2-8 court's local registry.
2-9 SECTION 3. Sections 11.06(j) and (m), Family Code, are
2-10 amended to read as follows:
2-11 (j) The court transferring a proceeding shall send to the
2-12 proper court in the county to which transfer is made the complete
2-13 files in all matters affecting the child, certified copies of all
2-14 entries in the minutes, a certified copy of any decree of
2-15 dissolution of marriage issued in a suit joined with the suit
2-16 affecting the parent-child relationship, and certified copies of
2-17 each order issued. The transferring court shall keep a copy of the
2-18 transferred files. If the transferring court retains jurisdiction
2-19 of another child who was the subject of the suit, the court shall
2-20 send a copy of the complete files to the court to which the
2-21 transfer is made and shall keep the original files. If an order
2-22 has been rendered or writ has been issued ordering payment of child
2-23 support to the local registry of the transferring court, that court
2-24 shall render an order that all future payments be made to the local
2-25 registry of the transferee court. The clerk of the transferring
2-26 court shall send a certified copy of the order directing payments
2-27 to the transferee court to any party or employer affected by that
3-1 order and to the local <child support> registry of the transferee
3-2 court.
3-3 (m) On receipt of the files, documents, and orders from the
3-4 transferring court, the clerk of the transferee court shall docket
3-5 the suit and shall notify all parties, the clerk of the
3-6 transferring court, and the transferring court's local registry
3-7 that the suit has been docketed.
3-8 SECTION 4. Subchapter A, Chapter 14, Family Code, is amended
3-9 by adding Sections 14.0501-14.0504 to read as follows:
3-10 Sec. 14.0501. LOCAL REGISTRIES. (a) A local registry shall
3-11 receive child support payments ordered by a court or otherwise
3-12 authorized by law and shall forward the payments, as appropriate,
3-13 to the attorney general, a local domestic relations office, or the
3-14 obligee within two working days after the date the local registry
3-15 receives the payments.
3-16 (b) A local registry may not require an obligor, obligee, or
3-17 other party or entity to furnish a certified copy of a court order
3-18 as a condition of processing child support payments and shall
3-19 accept as sufficient authority to process the payments a photocopy,
3-20 facsimile copy, or conformed copy of the court's order.
3-21 (c) A local registry shall include with each payment it
3-22 forwards to the attorney general the date it received the payment
3-23 and the withholding date furnished by the employer.
3-24 (d) A local registry shall accept child support payments
3-25 made by personal check, money order, or cashier's check. A local
3-26 registry may refuse payment by personal check when a pattern of
3-27 abuse regarding the use of personal checks has been established.
4-1 Abuse is defined to include checks drawn on insufficient funds,
4-2 abusive or offensive language written on the check, intentional
4-3 mutilation of the instrument, or other actions that delay or
4-4 disrupt the registry's operation.
4-5 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
4-6 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
4-7 made by electronic funds transfer to the attorney general or to a
4-8 local registry if the registry agrees to accept electronic payment.
4-9 (b) A local registry may transmit child support payments to
4-10 the attorney general by electronic funds transfer if the attorney
4-11 general agrees to accept electronic payment.
4-12 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS. (a)
4-13 Except as agreed by the parties, an order for the periodic payment
4-14 of child support, including an order requiring payments on child
4-15 support arrears, rendered, modified, or enforced on or after
4-16 January 1, 1994, shall order that child support be paid through a
4-17 local registry or through the attorney general.
4-18 (b) In an action taken under Part D of Title IV of the
4-19 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
4-20 court shall order that income withheld for child support be paid:
4-21 (1) to the attorney general through a local registry,
4-22 which shall forward the payment to the attorney general; or
4-23 (2) directly to the attorney general.
4-24 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
4-25 The attorney general or a local registry may comply with a subpoena
4-26 or other order directing the production of a child support payment
4-27 record by sending a certified copy of the record to the court that
5-1 directed production of the record.
5-2 SECTION 5. Section 14.062, Family Code, is amended to read
5-3 as follows:
5-4 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
5-5 PUBLIC ASSISTANCE>. (a) In a suit affecting the parent-child
5-6 relationship, a suit to establish paternity, or a suit under
5-7 Chapter 21 of this code that is brought under Chapter 76, Human
5-8 Resources Code, or Part D of Title IV of the federal Social
5-9 Security Act (42 U.S.C. Section 651 et seq.), if the court finds
5-10 that no decree or order affecting the parent-child relationship to
5-11 which the parents were parties has been previously rendered, the
5-12 court may order a parent to make periodic payments, a lump-sum
5-13 payment, or both, as retroactive child support provided that the
5-14 court shall be guided by the evidentiary factors contained in
5-15 Section 14.053(l) of this code <The court may order either or both
5-16 parents to make periodic payments or a lump-sum payment as child
5-17 support, or both, as reimbursement for public assistance paid by
5-18 the state for the support of a child under Chapter 31, Human
5-19 Resources Code>.
5-20 (b) Unless the state is a party to an agreement concerning
5-21 support or purporting to settle past, present, or future support
5-22 obligations by prepayment or otherwise, an agreement between the
5-23 parties does not reduce or terminate any right of this state or any
5-24 other state to recover retroactive support <for public assistance
5-25 provided>.
5-26 (c) In a proceeding in which retroactive child support is
5-27 sought under this section, the court shall use the child support
6-1 guidelines provided by Section 14.053 of this code together with
6-2 any relevant evidentiary factors.
6-3 SECTION 6. Sections 14.30(a)(1) and (3), Family Code, are
6-4 amended to read as follows:
6-5 (1) "Earnings" means compensation paid or payable for
6-6 personal services, whether denominated as wages, salary,
6-7 compensation received as an independent contractor, overtime pay,
6-8 severance pay, commission, bonus, or otherwise, and includes
6-9 periodic payments pursuant to a pension, annuity, workers'
6-10 compensation, disability and retirement program, and unemployment
6-11 benefits.
6-12 (3) "Employer" means any person, including the United
6-13 States and any governmental entity as defined by Section 11.01 of
6-14 this code. "Person" shall include but is not limited to
6-15 individuals, workers' compensation insurance carriers,
6-16 partnerships, and corporations.
6-17 SECTION 7. Section 14.311(c), Family Code, is amended to
6-18 read as follows:
6-19 (c) Payment Record. The movant may attach to the motion a
6-20 copy of a record of child support payments maintained by the
6-21 attorney general or a <state or> local <child support> registry.
6-22 If a payment record is attached, it constitutes a prima facie
6-23 showing of the facts asserted in the payment record, subject to the
6-24 right of the respondent to offer controverting evidence, and may be
6-25 admitted as evidence of the truth of payments made and not made as
6-26 shown by the payment record.
6-27 SECTION 8. Section 14.318, Family Code, is amended by
7-1 amending Subsections (d) and (e) and by adding Subsection (f) to
7-2 read as follows:
7-3 (d) Cash Bond as Support. If a cash bond has been posted
7-4 and the respondent <appears at the hearing as directed and if the
7-5 respondent> is found to be in arrears in the payment of
7-6 court-ordered <contempt for failure to pay> child support <as
7-7 ordered>, the court shall order that the proceeds of <the
7-8 respondent to execute an assignment of> the cash bond be paid to
7-9 the child support obligee or to a person designated by the court up
7-10 to the amount of any child support arrearages determined to exist.
7-11 This subsection applies without regard to whether the respondent
7-12 appears at the hearing.
7-13 (e) Appearance Bond or Security Other Than Cash Bond as
7-14 Support. If the respondent fails to appear at the hearing as
7-15 directed, the court shall order that <and> the appearance bond or
7-16 security be <has been> forfeited and that <if the respondent has
7-17 been found to be in contempt for failure to pay child support as
7-18 ordered,> the proceeds of any judgment on the bond or security
7-19 <shall> be paid to the obligee or to a person designated by the
7-20 court up to the amount of any child support arrearages determined
7-21 to exist. The obligee may bring suit on the bond.
7-22 (f) Cash Bond Treated as Property of Respondent. A court
7-23 shall treat a cash bond posted for the benefit of the respondent
7-24 under this section as the property of the respondent. The person
7-25 who posts the cash bond does not have recourse in relation to any
7-26 order that the court may make regarding the bond.
7-27 SECTION 9. Section 14.33(a), Family Code, is amended to read
8-1 as follows:
8-2 (a) Contents. An enforcement order shall contain findings
8-3 setting out in ordinary and concise language the provisions of the
8-4 final order, decree, or judgment for which enforcement was sought,
8-5 the acts or omissions that are the subject of the order, the manner
8-6 of noncompliance, and the relief awarded by the court. If the
8-7 order imposes incarceration or a fine, an enforcement order must
8-8 contain findings setting out specifically and with particularity or
8-9 incorporating by reference the provisions of the final order,
8-10 decree, or judgment for which enforcement was sought and the
8-11 <time,> date<, and place> of each occasion on which the respondent
8-12 failed to comply with the provision and setting out the relief
8-13 awarded by the court.
8-14 SECTION 10. Section 14.41, Family Code, is amended to read
8-15 as follows:
8-16 Sec. 14.41. JUDGMENT FOR DELINQUENT <PAST-DUE> CHILD SUPPORT
8-17 PAYMENTS. (a) Judgment for Arrearages. A periodic child support
8-18 payment not timely made shall constitute a final judgment for the
8-19 amount due and owing, including interest as provided by Section
8-20 14.34 of this code. On the motion of an obligee or obligor, after
8-21 notice and hearing, the court shall confirm the amount of child
8-22 support in arrears and shall render one cumulative judgment against
8-23 an obligor for all <any amount of> child support unpaid and owing,
8-24 including interest as provided by Section 14.34 of this code, and
8-25 any balance owed on previously confirmed arrearages, lump sum, or
8-26 retroactive support judgments. The judgment rendered by the court
8-27 may be subject to a counterclaim or offset as provided by
9-1 Subsection (c) of this section. The judgment may be enforced by
9-2 any means available for the enforcement of judgments for debts and
9-3 <or> by an order of the court requiring that income be withheld
9-4 from the disposable earnings of the obligor in a reasonable <an>
9-5 amount <sufficient> to satisfy the judgment. A court order
9-6 enforcing the judgment through the withholding of disposable
9-7 earnings of the obligor must comply with the requirements of
9-8 Section 14.43 of this code. The court shall order that a
9-9 reasonable amount of income be withheld from the disposable
9-10 earnings of the obligor to be applied toward the liquidation of any
9-11 child support arrearages, notwithstanding that a judgment for
9-12 arrears has been entered against the obligor.
9-13 (b) Time Limitations. <The court may not confirm the amount
9-14 of child support in arrears and may not enter a judgment for unpaid
9-15 child support payments that were due and owing more than 10 years
9-16 before the filing of the motion to render judgment under this
9-17 section.> The court of continuing jurisdiction retains
9-18 jurisdiction to confirm the total amount of child support in
9-19 arrears and enter judgment for past-due child support obligations
9-20 if a motion to render judgment for the arrearages is filed within
9-21 four years after:
9-22 (1) the child becomes an adult; or
9-23 (2) the date on which the child support obligation
9-24 terminates pursuant to the decree or order or by operation of law.
9-25 (c) Possession of Child by Obligor. If the managing
9-26 conservator has voluntarily relinquished to the obligor the actual
9-27 care, control, and possession of a child for a time period in
10-1 excess of the court-ordered periods of possession of and access to
10-2 the child, the child support order continues unabated until further
10-3 order of the court as provided by Section 14.08 of this code.
10-4 However, an obligor who has provided actual support to the child
10-5 during such time periods may seek reimbursement for that support as
10-6 a counterclaim or offset against the claim of the managing
10-7 conservator. An action against the managing conservator for
10-8 support supplied to a child shall be limited to the amount of
10-9 periodic payments previously ordered by the court.
10-10 (d) Retroactive Modification. The court may not reduce or
10-11 modify the amount of child support arrearages in rendering judgment
10-12 under this section.
10-13 (e) Cumulative Judgment. A cumulative judgment confirming
10-14 the amount of a child support arrearage under this section shall
10-15 include the unpaid balance owed on previously determined arrearages
10-16 or judgments for child support, including interest on the arrearage
10-17 and judgment as of a specified date, and shall state that it is a
10-18 cumulative judgment.
10-19 SECTION 11. Sections 14.43(a), (c), (d), (e), and (h),
10-20 Family Code, are amended to read as follows:
10-21 (a) Duty of Court to Order Income Withholding. Except for
10-22 good cause shown, or on agreement of the parties, or as provided in
10-23 Subsection (b) of this section, the court shall enter an order that
10-24 provides that income be withheld from the disposable earnings of
10-25 the obligor:
10-26 (1) in every original suit affecting the parent-child
10-27 relationship in which child support payments are ordered;
11-1 (2) on motion to require income withholding regarding
11-2 a child support order entered before the effective date of this
11-3 subchapter; provided that at the time the motion is filed the
11-4 obligor is shown to have been in arrears for a time period of at
11-5 least 30 days for some portion of the amount due and in arrears for
11-6 an amount equal to or greater than that due for a one-month period;
11-7 (3) on motion to modify an order entered after the
11-8 effective date of this subchapter that did not originally order
11-9 income withheld; provided that the obligor is shown to have been in
11-10 arrears for a time period of at least 30 days for some portion of
11-11 the amount due and is currently in arrears for an amount equal to
11-12 or greater than that due for a one-month period; or
11-13 (4) after a hearing unsuccessfully contesting a notice
11-14 of delinquency as provided by Section 14.44 of this code in a case
11-15 involving the delinquency of either a child support order entered
11-16 before the effective date of this subchapter or after the effective
11-17 date of this subchapter that did not originally order income
11-18 withheld. Payment of overdue support after receipt of notice of a
11-19 hearing as provided by this section shall not be the sole basis for
11-20 the court to refuse to order withholding from income. In an order
11-21 for income withholding entered under this subdivision, the court
11-22 shall order that a reasonable amount of income be withheld from the
11-23 disposable earnings of the obligor to be applied toward the
11-24 liquidation of any child support arrearages, notwithstanding that
11-25 judgment for arrears has been rendered against the obligor.
11-26 (c) Payment. The court shall order that income withheld for
11-27 child support be paid through and promptly distributed by a local
12-1 <court> registry<, a child support collection office,> or the
12-2 attorney general<, unless the court finds that there is good cause
12-3 to require payments to be made to another person or office>.
12-4 (d) Withholding for Arrearages. In addition to income
12-5 withheld for the current support of a child, <in appropriate
12-6 circumstances and in accordance with the guidelines established for
12-7 child support payments as provided in Subsection (a) of Section
12-8 14.05 of this code,> the court shall enter an order that income be
12-9 withheld from the disposable earnings of the obligor to be applied
12-10 toward the liquidation of any child support arrearages, including
12-11 interest as provided by Section 14.34 of this code. The additional
12-12 amount to be withheld to be applied towards arrears shall be
12-13 sufficient to fully discharge those arrears in not more than two
12-14 years or add 20 percent to the amount of the current monthly
12-15 support order, whichever will result in the arrears being fully
12-16 discharged in the least amount of time consistent with the
12-17 limitations on the maximum amount that may be withheld from
12-18 earnings as provided by Subsection (f) of this section. If current
12-19 support is no longer owed, the court shall enter an order that
12-20 income be withheld from the disposable earnings of the obligor to
12-21 be applied toward the liquidation of any child support arrearages,
12-22 including accrued interest, in an amount sufficient to fully
12-23 discharge those arrears in not more than two years, consistent with
12-24 the limitations on the maximum amount that may be withheld from
12-25 earnings as provided by Subsection (f) of this section. If the
12-26 court finds that such a repayment schedule would cause the obligor,
12-27 the obligor's family, or children for whom support is due from the
13-1 obligor to suffer unreasonable hardship, the court may extend the
13-2 repayment period for a reasonable length of time.
13-3 (e) Contents of Order. An order withholding income shall
13-4 state:
13-5 (1) the style, docket number, and court having
13-6 continuing jurisdiction of the suit;
13-7 (2) the name, address, and, if available, the social
13-8 security number of the obligor;
13-9 (3) the amount, including accrued interest, and
13-10 duration of the child support payments;
13-11 (4) the name, address, and, if available, the social
13-12 security numbers of the child and the obligee;
13-13 (5) the name and address of the person or agency to
13-14 whom the payments shall be made; and
13-15 (6) any other matter deemed necessary to effectuate
13-16 the order.
13-17 The court shall order the obligor to notify the court
13-18 promptly of any change affecting the order and that the ordered
13-19 amount be paid to a local registry or the attorney general<, the
13-20 court registry, or a child support collection office serving the
13-21 court, unless the court finds there is good cause to require that
13-22 payments be made directly to the obligee or to another person or
13-23 office>.
13-24 (h) Notice and Effective Date of Order. The employer shall
13-25 begin to withhold income in accordance with an order issued under
13-26 this section or a writ issued under Section 14.45 of this code no
13-27 later than the first pay period <which occurs 14 days> following
14-1 the date on which the order or writ was delivered to the employer
14-2 and shall continue to withhold income as long as the obligor is
14-3 employed by the employer. An order issued under this section or a
14-4 writ issued under Section 14.45 of this code that is delivered to
14-5 an employer that does business in this state is binding on the
14-6 employer without regard to whether the obligor resides or works
14-7 outside the state. Delivery of the order or writ to the employer
14-8 shall be by certified or registered mail, return receipt requested,
14-9 to the person authorized to receive service of process in civil
14-10 cases generally, or to a person designated by the employer to
14-11 receive notices of delinquency by written notice to the clerk of
14-12 the appropriate court, or by the service of citation as provided by
14-13 the Texas Rules of Civil Procedure. After the effective date, the
14-14 amount to be withheld shall be remitted to the person or office
14-15 named in the order on each <regular due date or> pay date. The
14-16 payment shall include the date on which the withholding occurred.
14-17 SECTION 12. Section 14.44(d), Family Code, is amended to
14-18 read as follows:
14-19 (d) Hearing on Contested Delinquency. On filing of a motion
14-20 to stay issuance, the clerk of court shall notify the attorney who
14-21 filed the notice of delinquency and the court that the motion has
14-22 been filed. A <When a motion to stay issuance and delivery has
14-23 been filed, a> hearing on the motion must be held within 30 days of
14-24 its filing. The obligor, <and> obligee, or their authorized
14-25 representatives, and the attorney who filed the notice of
14-26 delinquency must be notified by the clerk of court of the date,
14-27 time, and place of the hearing. The court must decide the
15-1 contested delinquency and either enter an order for income
15-2 withholding pursuant to Section 14.43 of this code or deny the
15-3 requested relief within 45 days of the date that the notice of
15-4 delinquency was received by the obligor. If movant is pleading
15-5 repeated violations of the court order, it is permissible to plead
15-6 anticipated future violations of a similar nature that may arise
15-7 between the filing of the motion or the notice of delinquency and
15-8 the date of the hearing or the issuance of a writ of withholding
15-9 from earnings for child support. Any defect in pleadings will be
15-10 considered waived unless respondent specially excepts in writing
15-11 and cites with particularity the alleged defect, obscurity, or
15-12 other ambiguity in the motion for enforcement. Any such defensive
15-13 pleading must be heard by the court before hearing the motion to
15-14 stay issuance. If any exceptions are sustained by the court, the
15-15 movant shall be given an opportunity to replead and shall continue
15-16 the hearing to a date certain without the requirement of additional
15-17 service.
15-18 SECTION 13. Sections 14.45(a) and (b), Family Code, are
15-19 amended to read as follows:
15-20 (a) Issuance and Delivery. No sooner than 20 days following
15-21 the mailing of a notice of delinquency to the obligor by first
15-22 class mail or 11 days after receipt of a notice of delinquency by
15-23 the obligor by hand delivery or certified mail, if no motion to
15-24 stay issuance of the writ has been filed, the attorney who filed
15-25 the notice of delinquency shall file a request with the clerk of
15-26 court to issue a writ of income withholding. The writ shall be
15-27 issued by the clerk and delivered by certified mail, return receipt
16-1 requested, to the employer of the obligor to the person authorized
16-2 to receive service of process in civil cases generally, or to a
16-3 person designated by the employer to receive writs of withholding
16-4 by written notice to the clerk of the appropriate court, or by the
16-5 service of citation as provided by the Texas Rules of Civil
16-6 Procedure. The amount to be withheld shall be paid to the person
16-7 or office named in the writ on each pay date and shall include with
16-8 the payment the date on which the withholding occurred. The writ
16-9 shall be issued and mailed by the clerk not later than the second
16-10 working day after the request is filed.
16-11 (b) Contents. Except as provided in Subsection (c) of this
16-12 section, the writ of income withholding shall direct the employer
16-13 or a subsequent employer to withhold from the obligor's disposable
16-14 income for current child support and child support arrearage in a
16-15 manner identical to the terms provided by Section 14.43 of this
16-16 code, as far as is practical.
16-17 SECTION 14. Section 14.055(c), Family Code, is amended to
16-18 read as follows:
16-19 (c) More Than $6,000 <$4,000> Monthly Net Resources. In
16-20 situations in which the obligor's net resources exceed $6,000
16-21 <$4,000> per month, the court shall presumptively apply the
16-22 percentage guidelines in Subsection (b) of this section to the
16-23 first $6,000 <$4,000> of the obligor's net resources. A court may
16-24 not apply the percentage guidelines in Subsection (b) of this
16-25 section to any portion of the obligor's monthly net resources that
16-26 exceeds $6,000. The court may order periodic child support
16-27 payments in an amount in excess of the maximum amount presumptively
17-1 established by the guidelines, however, if the court finds that
17-2 such additional support is necessary and appropriate to meet
17-3 extraordinary health care costs or additional educational and
17-4 educationally related extracurricular expenses directly
17-5 attributable to the needs of the child. The court may order that
17-6 additional child support in excess of the amount established by
17-7 application of the guidelines be paid by the obligor directly to a
17-8 third party who provides the goods or services for the sole benefit
17-9 of the child. The support of a minor who qualifies for support
17-10 under Section 14.051 of this code shall be governed by that section
17-11 <Without further reference to the percentage recommended by these
17-12 guidelines, the court may order additional amounts of child support
17-13 as proven, depending on the needs of the child at the time of the
17-14 order>.
17-15 SECTION 15. Section 14.68(a), Family Code, is amended to
17-16 read as follows:
17-17 (a) The order withholding income shall direct payment to be
17-18 made to the attorney general, either directly or through a local
17-19 registry. The attorney general <who> shall promptly transmit the
17-20 payments to the agency or person designated to receive them.
17-21 SECTION 16. Subchapter D, Chapter 14, Family Code, is
17-22 amended by adding Section 14.87 to read as follows:
17-23 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
17-24 establish a registry for Title IV-D cases brought in this state
17-25 that shall:
17-26 (1) receive child support payments;
17-27 (2) maintain a record of child support paid and any
18-1 arrearages owed under each order;
18-2 (3) distribute child support payments received as
18-3 required by law; and
18-4 (4) maintain custody of official child support payment
18-5 records.
18-6 SECTION 17. Section 14.91(b), Family Code, is amended to
18-7 read as follows:
18-8 (b) A court may <not> appoint a friend of the court in a
18-9 proceeding under Part D of Title IV of the federal Social Security
18-10 Act (42 U.S.C. Section 651 et seq.) only if the attorney general
18-11 agrees in writing to the appointment.
18-12 SECTION 18. Section 14.93, Family Code, is amended to read
18-13 as follows:
18-14 Sec. 14.93. Duty of Local Offices and Officials to Report.
18-15 A local domestic relations office, a local registry <child support
18-16 collection office>, or a court official designated to receive child
18-17 support under a court order shall, if ordered by the court, report
18-18 to the court or a friend of the court on a monthly basis:
18-19 (1) any delinquency and arrearage in child support
18-20 payments; and
18-21 (2) any violation of a court order relating to
18-22 possession of or access to a child.
18-23 SECTION 19. Section 14.971(b), Family Code, is amended to
18-24 read as follows:
18-25 (b) The lien exists in favor of:
18-26 (1) the obligee or a private attorney representing the
18-27 obligee;
19-1 (2) the attorney general in providing child support
19-2 services pursuant to Chapter 76, Human Resources Code, and Part D
19-3 of Title IV of the federal Social Security Act (42 U.S.C. Section
19-4 651 et seq.);
19-5 (3) a domestic relations office or local<, including a
19-6 court> registry<, that has the duty to enforce or collect and
19-7 distribute child support payments>; and
19-8 (4) an attorney appointed a friend of the court under
19-9 Section 14.91 of this code.
19-10 SECTION 20. Section 2.32, Texas Workers' Compensation Act
19-11 (Article 8308-2.32, Vernon's Texas Civil Statutes), is amended to
19-12 read as follows:
19-13 Sec. 2.32. Exceptions. (a) The commission may release
19-14 information on a claim to a governmental agency, political
19-15 subdivision, or regulatory body for the following purposes:
19-16 (1) investigating an allegation of criminal offense or
19-17 licensing or regulatory violation;
19-18 (2) providing unemployment benefits, crime victims
19-19 compensation benefits, vocational rehabilitation services, or
19-20 health care benefits;
19-21 (3) investigating occupational safety or health
19-22 violations; <or>
19-23 (4) verifying income on an application for benefits
19-24 under an income-based state or federal assistance program; or
19-25 (5) assessing financial resources in an action,
19-26 including an administrative action, to:
19-27 (A) establish, modify, or enforce a child
20-1 support or medical support obligation;
20-2 (B) establish paternity;
20-3 (C) locate an absent parent; or
20-4 (D) cooperate with another state in an action
20-5 authorized under Part D of Title IV of the federal Social Security
20-6 Act (42 U.S.C. Section 651 et seq.) and its subsequent amendments
20-7 or Chapter 76, Human Resources Code, and its subsequent amendments.
20-8 (b) The commission shall release information on a claim to:
20-9 (1) the State Board of Insurance for any statutory or
20-10 regulatory purpose;
20-11 (2) legislative committees for legislative purposes;
20-12 (3) a state or federal elected official requested in
20-13 writing to provide assistance by a constituent who qualifies to
20-14 obtain injury information under Section 2.31(d) of this Act, if the
20-15 request for assistance is provided to the commission; <and>
20-16 (4) the research center for research purposes; or
20-17 (5) the attorney general or another entity that
20-18 provides child support services under Part D of Title IV of the
20-19 federal Social Security Act (42 U.S.C. Section 651 et seq.) and its
20-20 subsequent amendments or Chapter 76, Human Resources Code, and its
20-21 subsequent amendments, relating to:
20-22 (A) establishing, modifying, or enforcing a
20-23 child support or medical support obligation; or
20-24 (B) locating an absent parent.
20-25 SECTION 21. Section 14.96, Family Code, is repealed.
20-26 SECTION 22. (a) This Act takes effect September 1, 1993,
20-27 except that the change in law made by Section 14.0503(a), Family
21-1 Code, as added by this Act, takes effect January 1, 1994.
21-2 (b) The change in law made by Section 17 of this Act
21-3 relating to the appointment of a friend of the court in a
21-4 proceeding under Part D of Title IV of the federal Social Security
21-5 Act applies to a pending proceeding without regard to whether the
21-6 proceeding was commenced before, on, or after the effective date of
21-7 this Act.
21-8 SECTION 23. The importance of this legislation and the
21-9 crowded condition of the calendars in both houses create an
21-10 emergency and an imperative public necessity that the
21-11 constitutional rule requiring bills to be read on three several
21-12 days in each house be suspended, and this rule is hereby suspended.