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.