S.B. No. 84
                                        AN ACT
    1-1  relating to the enforcement of support orders for children and the
    1-2  issuance of insurance coverage for certain persons subject to a
    1-3  medical support order for a child; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5            ARTICLE 1.  MEDICAL SUPPORT ORDERS FOR CHILDREN
    1-6        SECTION 1.01.  Subchapter B, Chapter 32, Human Resources
    1-7  Code, is amended by adding Section 32.042 to read as follows:
    1-8        Sec. 32.042.  INFORMATION REQUIRED FROM HEALTH INSURERS.
    1-9  (a)  An insurer shall maintain a file system that contains the
   1-10  name, employer's mailing address, social security number, and date
   1-11  of birth of each subscriber or policyholder covered by the insurer.
   1-12        (b)  The state's Medicaid third-party recovery division shall
   1-13  identify state medical assistance recipients who have third-party
   1-14  health coverage or insurance as provided by this subsection.  The
   1-15  department shall provide to an insurer Medicaid data tapes that
   1-16  identify medical assistance recipients and request that the insurer
   1-17  identify each subscriber or policyholder of the insurer whose name
   1-18  also appears on the Medicaid data tape.  An insurer shall comply
   1-19  with a request under this subsection not later than the 60th day
   1-20  after the date the request was made.  An insurer is only required
   1-21  under this subsection to provide the department with the
   1-22  information maintained under Subsection (a) by the insurer or made
   1-23  available to the insurer from the plan.  A third-party
   1-24  administrator is subject to this subsection to the extent the
    2-1  information described in this subsection is made available to the
    2-2  third-party administrator from the plan.
    2-3        (c)  An insurer may not be required to provide information in
    2-4  response to a request under this section more than once during a
    2-5  calendar year.
    2-6        (d)  An insurer shall provide the information required under
    2-7  this section only if the department certifies that the identified
    2-8  individuals are applicants for or recipients of services under
    2-9  Medicaid or are legally responsible for an applicant for or
   2-10  recipient of Medicaid services.
   2-11        (e)  The department may enter into an agreement with insurers
   2-12  that provides procedures for requesting and providing information
   2-13  under this section.  An agreement under this subsection may not be
   2-14  inconsistent with any law relating to the confidentiality or
   2-15  privacy of personal information or medical records.  The procedures
   2-16  agreed to under this subsection must include financial arrangements
   2-17  to reimburse an insurer for necessary costs incurred in providing
   2-18  the requested information and must state the time and manner the
   2-19  procedures take effect.
   2-20        (f)  Information required to be furnished to the department
   2-21  under this section is limited to information necessary to determine
   2-22  whether health benefits have been or should have been claimed and
   2-23  paid under a health insurance policy or plan for medical care or
   2-24  services received by an individual for whom Medicaid coverage would
   2-25  otherwise be available.
   2-26        (g)  Information regarding an individual certified to an
   2-27  insurer as an applicant for or recipient of medical assistance may
    3-1  only be used to identify the records or information requested and
    3-2  may not violate the confidentiality of the applicant or recipient.
    3-3  The department shall establish guidelines not later than the date
    3-4  on which the procedures agreed to under Subsection (e) take effect.
    3-5        (h)  In this section, "insurer" means a group health services
    3-6  corporation, a health maintenance organization, a self-funded or
    3-7  self-insured welfare or benefit plan or program to the extent the
    3-8  regulation of the plan or program is not preempted by federal law,
    3-9  and any other entity that provides health coverage in this state
   3-10  through an employer, union, trade association, or other
   3-11  organization or other source.
   3-12        SECTION 1.02.  Section 14.061, Family Code, is amended by
   3-13  adding Subsection (r) to read as follows:
   3-14        (r)  For purposes of enrolling a child in a health insurance
   3-15  program under this section, a court order requiring that health
   3-16  insurance be provided for a child is a change in the family
   3-17  circumstances of the covered person equivalent to the birth or
   3-18  adoption of a child by the covered person.  On receipt of the
   3-19  medical support order by the employer, the child shall be
   3-20  automatically enrolled for the first 31 days after the receipt of
   3-21  the order by the employer on the same terms and conditions as apply
   3-22  to a dependent child.  On receipt of the order by the employer, the
   3-23  employer shall notify the insurer of the automatic enrollment.
   3-24  During the 31-day period, the policyholder shall apply for coverage
   3-25  for the child in accordance with the medical support order.
   3-26        SECTION 1.03.  Subsections (l) and (n), Section 14.43, Family
   3-27  Code, are amended to read as follows:
    4-1        (l)  Liability and Obligation of Employer for Payments.  An
    4-2  employer receiving an order under this section or a writ under
    4-3  Section 14.45 who complies with the order or writ is not liable to
    4-4  the obligor for the amount of income withheld and paid as provided
    4-5  in the order or writ.  An employer who received an order or writ of
    4-6  withholding and who does not comply with the order or writ is
    4-7  liable to the obligee for the amount not paid in compliance with
    4-8  the order or writ, including an amount the obligor is required to
    4-9  pay for health insurance under Section 14.061 of this code, or to
   4-10  the obligor for the amount withheld and not paid and for reasonable
   4-11  attorney's fees and court costs.  An employer receiving two or more
   4-12  orders or writs on any named obligor shall comply with every order
   4-13  or writ to the maximum extent possible.  If the total amount in the
   4-14  orders or writ exceeds the maximum amount allowable to be withheld
   4-15  under this section, the employer shall pay an equal amount towards
   4-16  the current support portion of all orders or writs until each order
   4-17  is individually complied with, and thereafter equal amounts on the
   4-18  arrearage portion of all orders until each order or writ is
   4-19  complied with, or until the maximum total amount of allowable
   4-20  withholding under Subsection (f) of this section is reached,
   4-21  whichever occurs first.  If an employer is ordered to withhold from
   4-22  more than one obligor, the employer may combine the withheld
   4-23  amounts from the obligors' wages and make a single payment to each
   4-24  appropriate agency requesting withholding if the employer
   4-25  separately identifies the amount of the payment that is
   4-26  attributable to each obligor.
   4-27        (n)  Fine for Employers.  In addition to the civil remedies
    5-1  provided by Subsections (l) and (m) of this section or by any other
    5-2  remedy provided by law, an employer who knowingly violates the
    5-3  provisions of those subsections may be subject to a fine not to
    5-4  exceed $200 <$50> for each occurrence in which the employer fails
    5-5  to withhold.  Any fines recovered under this subsection shall be
    5-6  paid to the obligee and credited against any amounts owed by the
    5-7  obligor.
    5-8        SECTION 1.04.  Subsections (A), (K), (L), and (M), Section 2,
    5-9  Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,
   5-10  Vernon's Texas Insurance Code), are amended to read as follows:
   5-11        (A)  No policy of accident and sickness insurance shall be
   5-12  delivered or issued for delivery to any person in this state
   5-13  unless:
   5-14              (1)  the entire money and other consideration therefor
   5-15  are expressed therein or in the application, if it is made a part
   5-16  of the policy; and
   5-17              (2)  the time at which the insurance takes effect and
   5-18  terminates is expressed therein; and
   5-19              (3)  it purports to insure only one person, except that
   5-20  a policy may insure, originally or by subsequent amendment, upon
   5-21  the application of an adult member of a family who shall be deemed
   5-22  the policy holder, any two or more eligible members of that family,
   5-23  including husband, wife, dependent children, including a dependent
   5-24  grandchild of the policy holder who is less than 21 years old and
   5-25  living with and in the household of the policy holder, or any
   5-26  children under a specified age which shall not exceed twenty-five
   5-27  years, a child the policy holder is required to insure under a
    6-1  medical support order issued under Section 14.061, Family Code, or
    6-2  enforceable by a court in this state, and any other person
    6-3  dependent upon the policy holder; and
    6-4              (4)  the style, arrangement and over-all appearance of
    6-5  the policy gives no undue prominence to any portion of the text,
    6-6  and unless every printed portion of the text of the policy and of
    6-7  any endorsements or attached papers (except copies of applications
    6-8  and identification cards) are plainly printed in lightfaced type of
    6-9  a style in general use, the size of which shall be uniform and not
   6-10  less than ten-point with a lower-case unspaced alphabet length not
   6-11  less than one hundred and twenty-point (the "text" shall include
   6-12  all printed matter except the name and address of the insurer, name
   6-13  or title of the policy, the brief description, if any, and captions
   6-14  and subcaptions); and
   6-15              (5)  the exceptions and reductions of indemnity are set
   6-16  forth in the policy and, except those which are set forth in
   6-17  Section 3 of this Act, are printed, at the insurer's option, either
   6-18  included with the benefit provision to which they apply, or under
   6-19  an appropriate caption such as "Exceptions" or "Exceptions and
   6-20  Reductions"; provided that if an exception or reduction
   6-21  specifically applies only to a particular benefit of the policy, a
   6-22  statement of such exception or reduction shall be included with the
   6-23  benefit provision to which it applies; and
   6-24              (6)  each such form, including riders and endorsements,
   6-25  shall be identified by a form number in the lower left-hand corner
   6-26  of the first page thereof; and
   6-27              (7)  it contains no provision purporting to make any
    7-1  portion of the charter, rules, constitution, or bylaws of the
    7-2  insurer a part of the policy unless such portion is set forth in
    7-3  full in the policy, except in the case of the incorporation of, or
    7-4  reference to, a statement of rates or classification of risks, or
    7-5  shortrate table filed with the Board; and
    7-6              (8)  it shall have printed thereon or attached thereto
    7-7  a notice stating in substance that the person to whom the policy is
    7-8  issued shall be permitted to return the policy within ten (10) days
    7-9  of its delivery to such person and to have the premium paid
   7-10  refunded if, after examination of the policy, such person is not
   7-11  satisfied with it for any reason.  If such person pursuant to such
   7-12  notice, returns the policy to the insurer at its home or branch
   7-13  office or to the agent through whom it was purchased, it shall be
   7-14  void from the beginning and the parties shall be in the same
   7-15  position as if no policy had been issued.  This subdivision shall
   7-16  not apply to single premium nonrenewable policies.
   7-17        (K)  An accident and sickness insurance policy that provides
   7-18  coverage for the immediate family or children of a person insured
   7-19  under the policy may not exclude from coverage or limit coverage to
   7-20  a child of the insured solely because the child is adopted.  For
   7-21  the purposes of this subsection, a child is considered to be the
   7-22  child of an insured if<:>
   7-23              <(1)>  the insured is a party in a suit in which the
   7-24  adoption of the child by the insured is sought<; and>
   7-25              <(2)  the insured has custody of the child under a
   7-26  temporary court order that grants to the insured conservatorship of
   7-27  the child>.
    8-1        (L)  An individual or group policy of accident and sickness
    8-2  insurance that is delivered, issued for delivery, or renewed in
    8-3  this state, including a policy issued by a company subject to
    8-4  Chapter 20, Insurance Code, <and> evidence of coverage issued by a
    8-5  health maintenance organization subject to the Texas Health
    8-6  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
    8-7  Code), and a self-funded or self-insured welfare or benefit plan or
    8-8  program to the extent that regulation of the plan or program is not
    8-9  preempted by federal law that provides coverage for a child of the
   8-10  policyholder, must provide coverage upon payment of a premium for
   8-11  any children of the policyholder's child if those children are
   8-12  dependents of the policyholder for federal income tax purposes or
   8-13  for a child for whom the group member or insured must provide
   8-14  medical support under an order issued under Section 14.061, Family
   8-15  Code, or enforceable by a court in this state.
   8-16        (M)(1)  A group or individual accident and sickness insurance
   8-17  policy that provides coverage for dependent children of a group
   8-18  member or a person insured under the policy may not exclude from or
   8-19  discontinue coverage or set a different premium for the natural
   8-20  born or adopted child of the group member or person insured or for
   8-21  a child for whom the group member or insured must provide medical
   8-22  support under an order issued under Section 14.061, Family Code, or
   8-23  enforceable by a court in this state for either of the following
   8-24  reasons:
   8-25                    (a)  the child does not reside with the group
   8-26  member or insured; or
   8-27                    (b)  the group member or insured does not claim
    9-1  the child as an exemption for federal income tax purposes under
    9-2  Section 151(c)(1)(B), Internal Revenue Code of 1986 (26 U.S.C.
    9-3  Section 151(c)(1)(B)).
    9-4              (2)  A group or individual accident and sickness
    9-5  insurance policy that provides coverage for dependent children of a
    9-6  group member or a person insured under the policy may not exclude
    9-7  from or discontinue coverage or set a different premium for the
    9-8  natural born or adopted child of the spouse of the group member or
    9-9  person insured, provided that the child resides with the group
   9-10  member or person insured.
   9-11              (3)  Other policy provisions relating to maximum
   9-12  limiting attained age and enrollment in school may be used to
   9-13  establish continued eligibility for coverage of a dependent child.
   9-14  In the event of late enrollment, the insurance company may require
   9-15  evidence of insurability satisfactory to the company before
   9-16  inclusion of the dependent child for coverage under the policy.
   9-17        SECTION 1.05.  Subsection (c), Section 3D, Article 3.51-6,
   9-18  Insurance Code, is amended to read as follows:
   9-19        (c)  For the purposes of this section, a child is considered
   9-20  to be the child of an insured if<:>
   9-21              <(1)>  the insured is a party in a suit in which the
   9-22  adoption of the child by the insured is sought<; and>
   9-23              <(2)  the insured has custody of the child under a
   9-24  temporary court order that grants to the insured conservatorship of
   9-25  the child>.
   9-26        SECTION 1.06.  The comptroller shall perform a study to
   9-27  determine the cost-effectiveness of performing data matches under
   10-1  Section 32.042, Human Resources Code, as added by this Act, and the
   10-2  feasibility of expanding the scope of the program under that
   10-3  section.  The comptroller shall report the results of the study to
   10-4  the lieutenant governor and the speaker of the house of
   10-5  representatives not later than December 1, 1994.
   10-6        SECTION 1.07.  (a)  This article applies only to an order in
   10-7  a suit affecting the parent-child relationship or reciprocal child
   10-8  support action entered on or after the effective date of this Act.
   10-9  An order entered before the effective date of this Act is governed
  10-10  by the law in effect on the date the order was entered, and that
  10-11  law is continued in effect for that purpose.
  10-12        (b)  This article applies only to a policy delivered, issued
  10-13  for delivery, or renewed on or after January 1, 1994.  A policy
  10-14  delivered, issued for delivery, or renewed before that date is
  10-15  governed by the law that existed immediately before the effective
  10-16  date of this Act, and that law is continued in effect for that
  10-17  purpose.
  10-18               ARTICLE 2.  ENFORCEMENT OF CHILD SUPPORT
  10-19                 ORDERS AFFECTING LICENSE HOLDERS AND
  10-20                 MISCELLANEOUS ENFORCEMENT PROVISIONS
  10-21        SECTION 2.01.  Subchapter B, Chapter 14, Family Code, is
  10-22  amended by adding Section 14.52 to read as follows:
  10-23        Sec. 14.52.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
  10-24  OR BID ON STATE CONTRACTS.  (a)  A child support obligor who is 30
  10-25  or more days delinquent in paying child support is not eligible to:
  10-26              (1)  submit a bid or enter into a contract to provide
  10-27  property, materials, or services under a contract with the state;
   11-1  or
   11-2              (2)  receive a state-funded grant or loan.
   11-3        (b)  A sole proprietorship, partnership, corporation, or
   11-4  other entity in which a sole proprietor, partner, majority
   11-5  shareholder, or substantial owner is a delinquent obligor who is
   11-6  ineligible to bid on a state contract under Subsection (a)(1) of
   11-7  this section may not bid on a state contract as provided by this
   11-8  section.
   11-9        (c)  A child support obligor remains ineligible to submit a
  11-10  bid on or enter into a state contract or apply for a state-funded
  11-11  grant or loan under Subsection (a) of this section until:
  11-12              (1)  all arrearages have been paid; or
  11-13              (2)  the obligor is in compliance with a written
  11-14  repayment agreement or court order as to any existing delinquency.
  11-15        (d)  Each bidder for a state contract or applicant for a
  11-16  state-funded loan or grant under Subsection (a) of this section
  11-17  shall submit a signed, sworn statement accompanying any bid or
  11-18  application for a grant or loan affirming that the bidder or
  11-19  applicant is not 30 or more days delinquent in providing child
  11-20  support under a court order or a written repayment agreement.
  11-21        (e)  The attorney general and the General Services Commission
  11-22  may adopt rules or prescribe forms to implement any provision of
  11-23  this section.
  11-24        SECTION 2.02.  Chapter 76, Human Resources Code, is amended
  11-25  by adding Section 76.0041 to read as follows:
  11-26        Sec. 76.0041.  DEBTS TO STATE.  (a)  A person obligated to
  11-27  pay child support in a case in which the attorney general is
   12-1  providing services under this chapter who does not pay the required
   12-2  child support is in debt to the state for the purposes of Section
   12-3  403.055, Government Code.
   12-4        (b)  The debt of a person in debt to the state as provided by
   12-5  Subsection (a) is equal to the amount of the child support that is
   12-6  past-due and not paid and any interest, fees, court costs, or other
   12-7  amounts owed by the person as a result of the person's failure to
   12-8  pay the child support.
   12-9        (c)  The attorney general is an assignee of all payments,
  12-10  including compensation, by the state to a person in debt to the
  12-11  state as provided by this section.  The assignment under this
  12-12  subsection takes effect before the date the person's debt to the
  12-13  state arose.
  12-14        (d)  A person in debt to the state as provided by this
  12-15  section may eliminate the person's debt by:
  12-16              (1)  paying the entire amount of the debt; or
  12-17              (2)  resolving the debt in a manner acceptable to the
  12-18  attorney general.
  12-19        (e)  The comptroller may rely on a representation by the
  12-20  attorney general that:
  12-21              (1)  a person is in debt to the state as provided by
  12-22  this section; or
  12-23              (2)  a person who was in debt to the state has
  12-24  eliminated the person's debt as provided by Subsection (d).
  12-25        (f)  In this section, the payment of workers' compensation
  12-26  benefits to a person in debt to the state is the same as any other
  12-27  payment made to the person by the state.  Notwithstanding Section
   13-1  4.08, Texas Workers' Compensation Act (Article 8308-4.08, Vernon's
   13-2  Texas Civil Statutes), an order or writ to withhold income from
   13-3  workers' compensation benefits is not required under this section.
   13-4  However, the amount of weekly workers' compensation benefits that
   13-5  may be withheld or assigned under this section may not exceed the
   13-6  percentage of the person's benefits that would apply if the
   13-7  benefits equalled the person's monthly net resources under the
   13-8  child support guidelines in Section 14.055, Family Code, except
   13-9  that in no event may more than 50 percent of the person's weekly
  13-10  compensation benefits be withheld or assigned.
  13-11        (g)  Notwithstanding Sections 403.055(c) and (e)(4),
  13-12  Government Code, the comptroller may not issue a warrant to a state
  13-13  officer or employee who is in debt to the state as provided by this
  13-14  section.
  13-15        (h)  In this section, "compensation" has the meaning assigned
  13-16  by Section 403.055(f)(1), Government Code, and includes the payment
  13-17  of workers' compensation benefits.
  13-18        SECTION 2.03.  Section 77.001, Human Resources Code, is
  13-19  amended to read as follows:
  13-20        Sec. 77.001.  DESIGNATED STATE AGENCY.  (a)  The state agency
  13-21  designated to administer a statewide plan for child support may
  13-22  establish and conduct a parent locator service which shall be used
  13-23  to obtain information as to the whereabouts, income, and holdings
  13-24  of any person when such information is to be used for the purposes
  13-25  of locating such person and establishing or enforcing a support or
  13-26  medical support obligation against such person.
  13-27        (b)  The designated state agency is entitled to <may> request
   14-1  and obtain such information from state and local government
   14-2  agencies, private companies, institutions, or other entities as
   14-3  deemed necessary to carry out the provisions of this Act.  Such
   14-4  government and private entities shall furnish any information so
   14-5  requested and known to such entity to the designated agency unless
   14-6  state or federal law specifically provides that the information may
   14-7  not be disclosed to the designated agency office<, except to the
   14-8  extent such information is made nondisclosable by law>.
   14-9        (c)  The designated agency may issue an administrative
  14-10  subpoena to any individual or organization to furnish information
  14-11  necessary to carry out the provisions of this section, and any
  14-12  individual or organization receiving a subpoena shall comply with
  14-13  the subpoena.
  14-14        (d)  The furnishing of information provided for in Subsection
  14-15  (a) of this section by state governmental agencies shall include
  14-16  the transmittal of information in the most efficient and
  14-17  expeditious manner available, including electronic or automated
  14-18  transfer and interface.
  14-19        SECTION 2.04.  Subsection (c), Section 14.972, Family Code,
  14-20  is amended to read as follows:
  14-21        (c)  The lien attaches to all personal property not exempt
  14-22  under provisions of the Texas Constitution, including all claims
  14-23  for negligence, personal injury, or workers' compensation,
  14-24  including an insurance award for any of those claims, owned by the
  14-25  obligor on or after the date on which the lien attaches.
  14-26        SECTION 2.05.  Section 76.002, Human Resources Code, is
  14-27  amended by adding Subsection (i) to read as follows:
   15-1        (i)  The attorney general shall report to the legislature
   15-2  each biennium on the effectiveness of the attorney general's child
   15-3  support enforcement activity in reducing the state's public
   15-4  assistance obligations.  The attorney general shall develop a
   15-5  method for estimating the costs and benefits of the child support
   15-6  enforcement program and the effect of the program on appropriations
   15-7  for public assistance.  The attorney general shall conduct a study
   15-8  on the payment of child support in Texas and shall report back to
   15-9  the 74th Legislature not later than March 1, 1995.  Local child
  15-10  support registries, as defined by Section 11.01 (11), Family Code,
  15-11  and other governmental entities shall, on request, provide to the
  15-12  attorney general such information as is necessary for the attorney
  15-13  general to conduct this study.  This study may include any issues
  15-14  that the attorney general deems relevant and shall include:
  15-15              (1)  data relating to the percentage of obligors who
  15-16  pay child support as ordered by the court and the percentage of
  15-17  court-ordered child support which is paid; and
  15-18              (2)  the reasons for nonpayment of child support,
  15-19  including the obligor's ability to pay child support and the
  15-20  obligor's opportunity to exercise court-ordered possession of or
  15-21  access to the obligor's child or children.
  15-22          ARTICLE 3.  EFFECTIVE DATE AND EMERGENCY PROVISION
  15-23        SECTION 3.01.  This Act takes effect September 1, 1993.
  15-24        SECTION 3.02.  The importance of this legislation and the
  15-25  crowded condition of the calendars in both houses create an
  15-26  emergency and an imperative public necessity that the
  15-27  constitutional rule requiring bills to be read on three several
   16-1  days in each house be suspended, and this rule is hereby suspended.