By: Hill H.B. No. 2156
73R1372 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the termination of certain state employees for failure
1-3 to pay child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "State agency" means a state board, commission,
1-7 department, or officer having statewide jurisdiction, the
1-8 legislature, the courts, and institutions of higher education. The
1-9 term does not include an agency financed wholly by federal funds.
1-10 (2) "State employee" means a person employed by a
1-11 state agency. The term does not include an elected officer, a
1-12 person holding an office normally filled by election, or a person
1-13 appointed to an office requiring confirmation by the senate.
1-14 SECTION 2. CHILD SUPPORT OBLIGATION STATEMENT. (a) As a
1-15 condition of state employment, a person must comply with any
1-16 court-ordered obligation to pay child support.
1-17 (b) A state agency may not begin the state employment of a
1-18 person whom the agency knows is not in compliance with a child
1-19 support obligation created by a court order or who fails to execute
1-20 an affidavit required by this Act.
1-21 (c) A state agency shall, subject to the procedures under
1-22 this Act, terminate the state employment of a state employee
1-23 employed by the agency if:
1-24 (1) the employee fails to comply with a child support
2-1 obligation created by court order; or
2-2 (2) the employee fails to execute an affidavit that is
2-3 required by this Act and shows that the employee is in violation of
2-4 an obligation of court-ordered child support.
2-5 SECTION 3. AFFIDAVITS REQUIRED. (a) Each state employee
2-6 shall execute a child support obligation affidavit stating that:
2-7 (1) the employee is not subject to an obligation of
2-8 court-ordered child support;
2-9 (2) the employee is subject to an obligation of
2-10 court-ordered child support and the employee is not delinquent in
2-11 the payment of court-ordered child support or is not in violation
2-12 of any provision that establishes a child support obligation and is
2-13 contained in a court order; or
2-14 (3) the employee is subject to an obligation of
2-15 court-ordered child support and the employee is delinquent in the
2-16 payment of court-ordered child support or is in violation of any
2-17 provision of a court order establishing a child support obligation.
2-18 (b) Not later than 30 days after the date that a state
2-19 employee learns that a statement in the employee's most recently
2-20 executed child support obligation affidavit on file with the
2-21 employing state agency contains a statement that, if made again,
2-22 would be false, the employee shall execute another child support
2-23 obligation affidavit.
2-24 (c) A person who is hired by a state agency must execute the
2-25 child support obligation affidavit on or before the first day of
2-26 employment with the state agency.
2-27 (d) A state agency shall provide affidavit forms required by
3-1 this section to each employee of the agency. The employing state
3-2 agency shall place the affidavit in the employee's personnel file.
3-3 SECTION 4. AGENCY CHILD SUPPORT NOTICE. Each state agency
3-4 shall post notices, in prominent locations on each of the premises
3-5 of the agency, that state:
3-6 "AN EMPLOYEE OF THIS AGENCY WHO IS REQUIRED BY A
3-7 COURT ORDER TO PAY CHILD SUPPORT MUST STAY IN
3-8 COMPLIANCE WITH THE COURT ORDER. AN EMPLOYEE WHO FAILS
3-9 TO PAY COURT-ORDERED CHILD SUPPORT IS SUBJECT TO
3-10 TERMINATION FROM EMPLOYMENT."
3-11 SECTION 5. VERIFICATION OF PROSPECTIVE EMPLOYEE'S CHILD
3-12 SUPPORT COMPLIANCE. Before a state agency may hire a new employee,
3-13 the agency shall request the attorney general to disclose whether
3-14 the attorney general's office has a record indicating that the
3-15 prospective employee is in violation of a provision that
3-16 establishes a child support obligation and is contained in a court
3-17 order.
3-18 SECTION 6. RECEIPT OF CHILD SUPPORT VIOLATION NOTICE. A
3-19 state agency that receives an affidavit stating that an employee is
3-20 in violation of an obligation of court-ordered child support, a
3-21 notice for an employee under Section 14.46, Family Code, or any
3-22 other similar notice from a court or agency of another state,
3-23 territory, or district of the United States indicating that an
3-24 employee of the agency is in violation of an obligation of
3-25 court-ordered child support shall conduct an employment termination
3-26 hearing as provided by Section 7 of this Act.
3-27 SECTION 7. EMPLOYMENT TERMINATION HEARING. (a) Not later
4-1 than the 30th day after the date a state agency receives an
4-2 employee affidavit stating that an employee is in violation of an
4-3 obligation of court-ordered child support or a notice as described
4-4 under Section 6 of this Act, the agency shall give notice to the
4-5 employee of the date, time, and place of an employment termination
4-6 hearing for the employee. The hearing shall be held not later than
4-7 the 20th day after the date the notice of hearing is given.
4-8 (b) At the hearing under this section, the state agency
4-9 shall determine:
4-10 (1) whether the person named in a court order that
4-11 establishes a child support obligation is a state employee of the
4-12 state agency; and
4-13 (2) whether the employee is in compliance with each
4-14 obligation of child support as required in the court order.
4-15 (c) If, at the conclusion of the hearing under this section,
4-16 the state agency finds that the person named in the court order is
4-17 a state employee of the state agency who is in violation of an
4-18 obligation of court-ordered child support, the agency shall notify
4-19 the employee that the employee's employment with the agency will be
4-20 terminated effective on the 91st day after the date the hearing was
4-21 completed unless the employee complies fully with the obligation of
4-22 court-ordered child support on or before that date.
4-23 (d) A state agency shall determine whether an employee, on
4-24 the 90th day after the date the hearing under this section was
4-25 completed, is in compliance with the obligation of court-ordered
4-26 child support by requesting, on that date, the court having
4-27 jurisdiction of enforcement of the obligation to verify whether the
5-1 state employee is in compliance.
5-2 SECTION 8. ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
5-3 NOT APPLICABLE. A proceeding under this Act is not governed by the
5-4 Administrative Procedure and Texas Register Act (Article 6252-13a,
5-5 Vernon's Texas Civil Statutes).
5-6 SECTION 9. CONFORMING AMENDMENT. Subchapter B, Chapter 14,
5-7 Family Code, is amended by adding Section 14.46 to read as follows:
5-8 Sec. 14.46. NOTICE OF CHILD SUPPORT VIOLATION FOR STATE
5-9 EMPLOYEE. (a) Not earlier than the 30th day after the date notice
5-10 of a court order entered under this subchapter in which an obligor
5-11 is found to be in violation of an obligation of child support
5-12 established in a court order is mailed to the obligor by
5-13 first-class mail or the 20th day after the date the notice is
5-14 received by the obligor by hand delivery or certified mail, the
5-15 obligee, the attorney general, or a state agency may petition the
5-16 court to issue a child support violation notice under this section.
5-17 (b) A hearing on a petition for a child support violation
5-18 notice must be held not later than the 30th day after the date the
5-19 petition is filed. The clerk of the court must notify the obligor
5-20 and obligee of the date, time, and place of the hearing. If at the
5-21 hearing the court finds that the obligor is in violation of an
5-22 obligation of court-ordered child support and is or may be a state
5-23 employee of a state agency, the court shall issue a notice as
5-24 provided by Subsection (c) of this section.
5-25 (c) The court shall deliver a notice under this section to
5-26 the state agency that employs the obligor. The notice must:
5-27 (1) state the name of the obligor;
6-1 (2) include a copy of the child support order entered
6-2 by the court; and
6-3 (3) direct the agency to conduct a hearing to
6-4 determine whether to terminate the obligor's employment.
6-5 (d) A court that issues a notice under this section shall
6-6 inform the state agency that received the notice, on the agency's
6-7 request, whether the obligor is in compliance with the obligation
6-8 of court-ordered child support to which the notice applied.
6-9 (e) In this section:
6-10 (1) "State agency" means a state board, commission,
6-11 department, or officer having statewide jurisdiction, the
6-12 legislature, the courts, and institutions of higher education. The
6-13 term does not include an agency financed wholly by federal funds.
6-14 (2) "State employee" means a person employed by a
6-15 state agency. The term does not include an elected officer, a
6-16 person holding an office normally filled by election, or a person
6-17 appointed to an office requiring confirmation by the senate.
6-18 SECTION 10. EFFECTIVE DATE. Except as otherwise provided by
6-19 Section 11 of this Act, this Act takes effect October 1, 1993.
6-20 SECTION 11. TRANSITION. (a) This Act applies only to child
6-21 support payments owed on or after September 1, 1993.
6-22 (b) An agency required to provide the statement under
6-23 Section 2 of this Act shall provide the statement not later than
6-24 September 20, 1993.
6-25 (c) An agency required to provide the notice under Section 4
6-26 of this Act shall post the required notices not later than
6-27 September 20, 1993.
7-1 (d) The attorney general shall adopt emergency rules under
7-2 Section 76.006(d), Human Resources Code, not later than September
7-3 14, 1993, concerning the manner by which the information under
7-4 Section 5 of this Act shall be provided by the attorney general's
7-5 office.
7-6 SECTION 12. EMERGENCY. The importance of this legislation
7-7 and the crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended.