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.