By: Goodman H.B. No. 1690
73R2028 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of child support to local registries and
1-3 the Title IV-D registry for the collection of court-ordered child
1-4 support and income withholding for child support.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.01, Family Code, is amended by adding
1-7 Subdivision (11) to read as follows:
1-8 (11) "Local registry" means an agency or entity
1-9 operated under the authority of a district clerk, county
1-10 government, juvenile board, juvenile probation office, domestic
1-11 relations office, or other county agency or entity that serves a
1-12 county or a court that has jurisdiction under this title and that:
1-13 (1) receives child support payments;
1-14 (2) maintains records of child support payments;
1-15 (3) distributes child support payments as required by
1-16 law; and
1-17 (4) maintains custody of official child support
1-18 payment records.
1-19 SECTION 2. Subchapter D, Chapter 14, Family Code, is amended
1-20 by adding Section 14.8721 to read as follows:
1-21 Sec. 14.8721. TITLE IV-D REGISTRY. The attorney general
1-22 shall establish a registry for Title IV-D cases brought in this
1-23 state that shall:
1-24 (1) receive child support payments;
2-1 (2) maintain a record of child support paid and any
2-2 arrearages owed under each order;
2-3 (3) distribute child support payments received as
2-4 required by law; and
2-5 (4) maintain custody of official child support payment
2-6 records.
2-7 SECTION 3. Subchapter A, Chapter 14, Family Code, is amended
2-8 by adding Sections 14.0501-14.0504 to read as follows:
2-9 Sec. 14.0501. LOCAL REGISTRIES. (a) A local registry shall
2-10 receive child support payments ordered by a court or otherwise
2-11 authorized by law and shall forward the payments, as appropriate,
2-12 to the attorney general, a local domestic relations office, or the
2-13 obligee within two working days after the date the local registry
2-14 receives the payments.
2-15 (b) A local registry may not require an obligor, obligee, or
2-16 other party or entity to furnish a certified copy of a court order
2-17 as a condition of processing child support payments and shall
2-18 accept as sufficient authority to process the payments a photocopy,
2-19 facsimile copy, or conformed copy of the court's order.
2-20 (c) A local registry shall include with each payment it
2-21 forwards to the attorney general the date it received the payment
2-22 and the withholding date furnished by the employer.
2-23 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
2-24 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
2-25 made by electronic funds transfer to the attorney general or to a
2-26 local registry if the registry agrees to accept electronic payment.
2-27 (b) A local registry may transmit child support payments to
3-1 the attorney general by electronic funds transfer if the attorney
3-2 general agrees to accept electronic payment.
3-3 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS. (a)
3-4 An order for child support rendered, modified, or enforced on or
3-5 after January 1, 1994, shall order that child support be paid
3-6 through a local registry or through the attorney general.
3-7 (b) In an action taken under Part D of Title IV of the
3-8 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
3-9 court shall order that income withheld for child support be paid:
3-10 (1) to the attorney general through a local registry,
3-11 which shall forward the payment to the attorney general; or
3-12 (2) directly to the attorney general.
3-13 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
3-14 The attorney general or a local registry may comply with a subpoena
3-15 or other order directing the production of a child support payment
3-16 record by sending a certified copy of the record to the court that
3-17 directed production of the record.
3-18 SECTION 4. Section 11.05(h), Family Code, is amended to read
3-19 as follows:
3-20 (h) During the transfer of a suit affecting the parent-child
3-21 relationship from a court with continuing jurisdiction, the
3-22 transferring court retains jurisdiction to enter temporary orders.
3-23 The jurisdiction of the transferring court terminates on the
3-24 docketing of the case in the transferee court. The transferring
3-25 court's local <child support> registry shall continue to receive,
3-26 record, and disburse child support payments to the payee until
3-27 receipt of notice that the transferred case has been docketed by
4-1 the transferee court. After receipt of notice of docketing, the
4-2 transferring court's local registry shall send a certified copy of
4-3 the child support payment record to the clerk of the transferee
4-4 court and shall forward any payments received to the transferee
4-5 court's local registry.
4-6 SECTION 5. Sections 11.06(j) and (m), Family Code, are
4-7 amended to read as follows:
4-8 (j) The court transferring a proceeding shall send to the
4-9 proper court in the county to which transfer is made the complete
4-10 files in all matters affecting the child, certified copies of all
4-11 entries in the minutes, a certified copy of any decree of
4-12 dissolution of marriage issued in a suit joined with the suit
4-13 affecting the parent-child relationship, and certified copies of
4-14 each order issued. The transferring court shall keep a copy of the
4-15 transferred files. If the transferring court retains jurisdiction
4-16 of another child who was the subject of the suit, the court shall
4-17 send a copy of the complete files to the court to which the
4-18 transfer is made and shall keep the original files. If an order has
4-19 been rendered or writ has been issued ordering payment of child
4-20 support to the local registry of the transferring court, that court
4-21 shall render an order that all future payments be made to the local
4-22 registry of the transferee court. The clerk of the transferring
4-23 court shall send a certified copy of the order directing payments
4-24 to the transferee court to any party or employer affected by that
4-25 order and to the local <child support> registry of the transferee
4-26 court.
4-27 (m) On receipt of the files, documents, and orders from the
5-1 transferring court, the clerk of the transferee court shall docket
5-2 the suit and shall notify all parties, the clerk of the
5-3 transferring court, and the transferring court's local registry
5-4 that the suit has been docketed.
5-5 SECTION 6. Section 14.311(c), Family Code, is amended to
5-6 read as follows:
5-7 (c) Payment Record. The movant may attach to the motion a
5-8 copy of a record of child support payments maintained by the
5-9 attorney general or a <state or> local <child support> registry.
5-10 If a payment record is attached, it constitutes a prima facie
5-11 showing of the facts asserted in the payment record, subject to the
5-12 right of the respondent to offer controverting evidence, and may be
5-13 admitted as evidence of the truth of payments made and not made as
5-14 shown by the payment record.
5-15 SECTION 7. Sections 14.43(c) and (e), Family Code, are
5-16 amended to read as follows:
5-17 (c) Payment. The court shall order that income withheld for
5-18 child support be paid through and promptly distributed by a local
5-19 <court> registry<, a child support collection office,> or the
5-20 attorney general<, unless the court finds that there is good cause
5-21 to require payments to be made to another person or office>.
5-22 (e) Contents of Order. An order withholding income shall
5-23 state:
5-24 (1) the style, docket number, and court having
5-25 continuing jurisdiction of the suit;
5-26 (2) the name, address, and, if available, the social
5-27 security number of the obligor;
6-1 (3) the amount, including accrued interest, and
6-2 duration of the child support payments;
6-3 (4) the name, address, and, if available, the social
6-4 security numbers of the child and the obligee;
6-5 (5) the name and address of the person or agency to
6-6 whom the payments shall be made; and
6-7 (6) any other matter deemed necessary to effectuate
6-8 the order.
6-9 The court shall order the obligor to notify the court
6-10 promptly of any change affecting the order and that the ordered
6-11 amount be paid to a local registry or the attorney general<, the
6-12 court registry, or a child support collection office serving the
6-13 court, unless the court finds there is good cause to require that
6-14 payments be made directly to the obligee or to another person or
6-15 office>.
6-16 SECTION 8. Section 14.68(a), Family Code, is amended to read
6-17 as follows:
6-18 (a) The order withholding income shall direct payment to be
6-19 made to the attorney general, either directly or through a local
6-20 registry. The attorney general <who> shall promptly transmit the
6-21 payments to the agency or person designated to receive them.
6-22 SECTION 9. Section 14.93, Family Code, is amended to read as
6-23 follows:
6-24 Sec. 14.93. Duty of Local Offices and Officials to Report.
6-25 A local domestic relations office, a local registry <child support
6-26 collection office>, or a court official designated to receive child
6-27 support under a court order shall report to the court or a friend
7-1 of the court on a monthly basis:
7-2 (1) any delinquency and arrearage in child support
7-3 payments; and
7-4 (2) any violation of a court order relating to
7-5 possession of or access to a child.
7-6 SECTION 10. Section 14.971(b), Family Code, is amended to
7-7 read as follows:
7-8 (b) The lien exists in favor of:
7-9 (1) the obligee or a private attorney representing the
7-10 obligee;
7-11 (2) the attorney general in providing child support
7-12 services pursuant to Chapter 76, Human Resources Code, and Part D
7-13 of Title IV of the federal Social Security Act (42 U.S.C. Section
7-14 651 et seq.);
7-15 (3) a local <domestic relations office, including a
7-16 court> registry<, that has the duty to enforce or collect and
7-17 distribute child support payments>; and
7-18 (4) an attorney appointed a friend of the court under
7-19 Section 14.91 of this code.
7-20 SECTION 11. This Act takes effect January 1, 1994.
7-21 SECTION 12. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.