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.