By:  Hill                                             H.B. No. 2157
       73R1284 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the denial or suspension of an occupational license for
    1-3  failure 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)  "License" includes a license, certificate,
    1-7  registration, permit, or other authorization, required by law or
    1-8  state agency rule, that a person must obtain to practice or engage
    1-9  in a particular business or occupation.
   1-10              (2)  "Licensing agency" means a department, commission,
   1-11  board, office, or other agency of the state, created by the
   1-12  constitution or a statute of this state, that issues a license to
   1-13  or otherwise regulates a person who practices or engages in a
   1-14  particular business or occupation.
   1-15        SECTION 2.  DENIAL OF LICENSE.  (a)  A licensing agency may
   1-16  not issue a license to or renew a license of an individual who is
   1-17  in arrears in court-ordered child support.
   1-18        (b)  A licensing agency by rule shall prescribe procedures to
   1-19  determine whether an applicant for an original or renewal license
   1-20  is in arrears in court-ordered child support.
   1-21        SECTION 3.  SUSPENSION OF LICENSE.  A licensing agency that
   1-22  receives a notice of suspension under Section 14.46, Family Code,
   1-23  or a similar notice from a court or agency of another state,
   1-24  territory, or district of the United States, indicating that a
    2-1  person holding a license issued by the licensing agency is in
    2-2  arrears in court-ordered child support shall conduct a hearing on
    2-3  the suspension of the license of that person as provided by this
    2-4  Act.
    2-5        SECTION 4.  LICENSE SUSPENSION HEARING.  (a)  Not later than
    2-6  the 30th day after the date a licensing agency receives a notice of
    2-7  suspension under   Section 14.46, Family Code, or a similar notice
    2-8  from a court or agency of another state, territory, or district of
    2-9  the United States, the agency shall give notice to the license
   2-10  holder of a hearing to determine whether to suspend the license
   2-11  holder's license.  The hearing shall be held not later than the
   2-12  20th day after the date the notice of hearing is given.
   2-13        (b)  At the hearing under this section, the licensing agency
   2-14  shall determine:
   2-15              (1)  whether the person named in the court order is a
   2-16  license holder; and
   2-17              (2)  whether the arrearages stated in the court order
   2-18  have been paid.
   2-19        (c)  If the licensing agency finds that the person named in
   2-20  the court order is a license holder who is in arrears in
   2-21  court-ordered child support, the licensing agency shall determine
   2-22  whether placing the license holder on probation is an appropriate
   2-23  alternative to suspending the license.
   2-24        (d)  A licensing agency under this Act may not consider
   2-25  evidence relating to:
   2-26              (1)  whether the notice of suspension under Section
   2-27  14.46, Family Code, was appropriate; or
    3-1              (2)  the ability of the license holder to comply with
    3-2  the child support order.
    3-3        (e)  At the conclusion of a hearing under this section, the
    3-4  licensing agency shall suspend the license or place the license
    3-5  holder on probation, if appropriate, until the license holder is no
    3-6  longer in arrears in court-ordered child support.
    3-7        (f)  All proceedings by a licensing agency under this Act
    3-8  shall conform to the requirements of the Administrative Procedure
    3-9  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   3-10  Statutes), except as modified by this Act.
   3-11        SECTION 5.  PROBATION.  (a)  A licensing agency may place a
   3-12  license holder on probation rather than suspend the license
   3-13  holder's license on determining that suspension of the license
   3-14  would create an extreme hardship either to the license holder or to
   3-15  persons served by the license holder in the licensed occupation.
   3-16        (b)  Probation under this section may continue for a period
   3-17  not to exceed two years beginning on the date probation is ordered
   3-18  and is conditioned on full compliance by the license holder with
   3-19  the license holder's child support obligations.  A license holder
   3-20  on probation under this section must provide the licensing agency
   3-21  with a monthly statement showing that the license holder is in
   3-22  compliance with the child support order.
   3-23        (c)  Probation under this section shall be revoked and the
   3-24  license holder's license shall be automatically suspended on the
   3-25  license holder's failure to remain in compliance with the terms of
   3-26  the court order.  A license holder whose license was automatically
   3-27  suspended under this subsection may be returned to probation by
    4-1  providing proof to the licensing agency that the license holder is
    4-2  in compliance with the court order.
    4-3        (d)  Revocation of probation under this section may be
    4-4  deferred for a license holder who has a modification petition
    4-5  pending before the court that sent the notice of suspension under
    4-6  Section 14.46,  Family Code.  A deferral under this subsection
    4-7  continues until the   licensing agency receives notice of the
    4-8  court's ruling on the petition.
    4-9        SECTION 6.  VERIFICATION OF CHILD SUPPORT PAYMENTS.  Before a
   4-10  licensing agency may remove a license holder from probation, remove
   4-11  a license suspension, or issue a license to or renew the license of
   4-12  a person whose license has been suspended or who has been placed on
   4-13  probation under this  Act, the licensing agency must contact the
   4-14  court that sent the notice of suspension under Section 14.46,
   4-15  Family Code, to verify that the license holder is not in arrears in
   4-16  court-ordered child support.
   4-17        SECTION 7.  CONFORMING AMENDMENT.  Subchapter B, Chapter 14,
   4-18  Family Code, is amended by adding Section 14.46 to read as follows:
   4-19        Sec. 14.46.  NOTICE OF OCCUPATIONAL LICENSE SUSPENSION.  (a)
   4-20  Not earlier than the 30th day after the date a notice of
   4-21  delinquency under Section 14.44 of this code is mailed to an
   4-22  obligor by first class mail or the 20th day after the date a notice
   4-23  of delinquency is received by an obligor by hand delivery or
   4-24  certified mail, the obligee or the attorney general may petition
   4-25  the court to issue a notice of occupational license suspension.
   4-26        (b)  A hearing on a petition for a notice of occupational
   4-27  license suspension must be held not later than the 30th day after
    5-1  the date the petition is filed.  The clerk of the court must notify
    5-2  the obligor and obligee of the date, time, and place of the
    5-3  hearing.  If at the hearing the court finds that the obligor is in
    5-4  arrears in court-ordered child support and is or may be licensed by
    5-5  a licensing agency, the court shall issue a notice of occupational
    5-6  license suspension as provided by Subsection (c) of this section.
    5-7        (c)  The court shall deliver a notice under this section to
    5-8  the licensing agency that issued a license to the obligor.  The
    5-9  notice must:
   5-10              (1)  state the name of the obligor;
   5-11              (2)  include a copy of the order entered by the court
   5-12  with regard to arrearages owed by the obligor; and
   5-13              (3)  direct the licensing agency to conduct a hearing
   5-14  to determine whether to suspend the obligor's license.
   5-15        (d)  In this section:
   5-16              (1)  "License" includes a license, certificate,
   5-17  registration, permit, or other authorization, required by law or
   5-18  state agency rule, that a person must obtain to practice or engage
   5-19  in a particular business or occupation.
   5-20              (2)  "Licensing agency" means a department, commission,
   5-21  board, office, or other agency of the state, created by the
   5-22  constitution or a statute of this state, that issues a license to
   5-23  or otherwise regulates a person who practices or engages in a
   5-24  particular business or occupation.
   5-25        SECTION 8.  TRANSITION.  (a)  This Act applies only to:
   5-26              (1)  child support payments owed on or after the
   5-27  effective date of this  Act; and
    6-1              (2)  except as provided by Subsection (b) of this
    6-2  section, a license that is valid on or after the effective date of
    6-3  this Act.
    6-4        (b)  Section 2 of this Act applies only to an application for
    6-5  an original or renewal license that is received by a licensing
    6-6  agency on or after January 1, 1994.
    6-7        (c)  A licensing agency shall adopt rules required under
    6-8  Section 2 of this Act not later than December 1, 1993.
    6-9        SECTION 9.  EFFECTIVE DATE.  This Act takes effect September
   6-10  1, 1993.
   6-11        SECTION 10.  EMERGENCY.  The importance of this legislation
   6-12  and the crowded condition of the calendars in both houses create an
   6-13  emergency   and   an   imperative   public   necessity   that   the
   6-14  constitutional rule requiring bills to be read on three several
   6-15  days in each house be suspended, and this rule is hereby suspended.