By:  Harris, Chris                                      S.B. No. 84
       73R4759 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement of support orders for children and the
    1-3  issuance of insurance coverage for certain persons subject to a
    1-4  medical support order for a child; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6            ARTICLE 1.  MEDICAL SUPPORT ORDERS FOR CHILDREN
    1-7        SECTION 1.01.  Subchapter B, Chapter 32, Human Resources
    1-8  Code, is amended by adding Section 32.042 to read as follows:
    1-9        Sec. 32.042.  INFORMATION REQUIRED FROM HEALTH INSURERS.  (a)
   1-10  A health insurer, including a group health services corporation and
   1-11  a health maintenance organization, providing coverage or benefits
   1-12  in this state through an employer, union, trade association, or
   1-13  another organization or source shall maintain a centralized file
   1-14  system that contains the name, mailing address, social security
   1-15  number, and date of birth of:
   1-16              (1)  each subscriber, policyholder, or enrollee of the
   1-17  insurer; and
   1-18              (2)  other persons covered by the insurer.
   1-19        (b)  The information required to be maintained under
   1-20  Subsection (a) shall be made available on request to the department
   1-21  in the administration of the department's Medicaid third-party
   1-22  recovery functions or to any other agency that performs those
   1-23  functions.  A health insurer shall permit data matches with the
   1-24  department or the successor agency to identify state medical
    2-1  assistance recipients with third-party health coverage or
    2-2  insurance.
    2-3        (c)  The medical assistance identification card of a
    2-4  recipient of medical support shall state whether the recipient is
    2-5  covered by any third-party health coverage.  A health care service
    2-6  provider must seek reimbursement from available third-party health
    2-7  coverage before billing the state medical assistance program.
    2-8        SECTION 1.02.  Chapter 76, Human Resources Code, is amended
    2-9  by adding Section 76.010 to read as follows:
   2-10        Sec. 76.010.  MEDICAL SUPPORT ENFORCEMENT FOR CHILDREN.  The
   2-11  attorney general shall develop policies for improving enforcement
   2-12  of medical support orders for children ordered under Section
   2-13  14.061, Family Code, or in a reciprocal support action under
   2-14  Chapter 21, Family Code.  To improve the enforcement of medical
   2-15  support orders for children, the attorney general shall:
   2-16              (1)  centralize medical support enforcement activities
   2-17  within a single office in the child support enforcement division of
   2-18  the attorney general's office; and
   2-19              (2)  automate medical support enforcement activities to
   2-20  the fullest extent possible.
   2-21        SECTION 1.03.  Section 14.061, Family Code, is amended by
   2-22  adding Subsection (r) to read as follows:
   2-23        (r)  For purposes of enrolling a child in a health insurance
   2-24  program under this section, a court order requiring that health
   2-25  insurance be provided for a child is a change in the family
   2-26  circumstances of the covered person equivalent to the birth or
   2-27  adoption of a child by the covered person.  A covered person
    3-1  ordered to provide health insurance for a child shall be afforded
    3-2  the same enrollment opportunity that the covered person would have
    3-3  in the event of a birth or adoption of a child by the covered
    3-4  person.
    3-5        SECTION 1.04.  Sections 14.43(l) and (n), Family Code, are
    3-6  amended to read as follows:
    3-7        (l)  Liability and Obligation of Employer for Payments.  An
    3-8  employer receiving an order under this section or a writ under
    3-9  Section 14.45 who complies with the order or writ  is not liable to
   3-10  the obligor for the amount of income withheld and paid as provided
   3-11  in the order or writ.  An employer who received an order or writ of
   3-12  withholding and who does not comply with the order or writ is
   3-13  liable to the obligee for the amount not paid in compliance with
   3-14  the order or writ, including an amount the obligor is required to
   3-15  pay for health insurance under Section  14.061 of this code,  or to
   3-16  the obligor for the amount withheld and not paid and for reasonable
   3-17  attorney's fees and court costs.  An employer receiving two or more
   3-18  orders or writs on any named obligor shall comply with every order
   3-19  or writ to the maximum extent possible.  If the total amount in the
   3-20  orders or writ exceeds the maximum amount allowable to be withheld
   3-21  under this section, the employer shall pay an equal amount towards
   3-22  the current support portion of all orders or writs until each order
   3-23  is individually complied with, and thereafter equal amounts on the
   3-24  arrearage portion of all orders until each order or writ is
   3-25  complied with, or until the maximum total amount of allowable
   3-26  withholding under Subsection (f) of this section is reached,
   3-27  whichever occurs first.  If an employer is ordered to withhold from
    4-1  more than one obligor, the employer may combine the withheld
    4-2  amounts from the obligors' wages and make a single payment to each
    4-3  appropriate agency requesting withholding if the employer
    4-4  separately identifies the amount of the payment that is
    4-5  attributable to each obligor.
    4-6        (n)  Fine for Employers.  In addition to the civil remedies
    4-7  provided by Subsections (l) and (m) of this section or by any other
    4-8  remedy provided by law, an employer who knowingly violates the
    4-9  provisions of those subsections may be subject to a fine not to
   4-10  exceed $200 <$50> for each occurrence in which the employer fails
   4-11  to withhold.  Any fines recovered under this subsection shall be
   4-12  paid to the obligee and credited against any amounts owed by the
   4-13  obligor.
   4-14        SECTION 1.05.  Sections 2(A), (L), and (M)(1), Chapter 397,
   4-15  Acts of the 54th Legislature, Regular Session, 1955 (Article
   4-16  3.70-2, Vernon's Texas Insurance Code), are amended to read as
   4-17  follows:
   4-18        (A)  No policy of accident and sickness insurance shall be
   4-19  delivered or issued for delivery to any person in this state
   4-20  unless:
   4-21              (1)  the entire money and other consideration therefor
   4-22  are expressed therein or in the application, if it is made a part
   4-23  of the policy; and
   4-24              (2)  the time at which the insurance takes effect and
   4-25  terminates is expressed therein; and
   4-26              (3)  it purports to insure only one person, except that
   4-27  a policy may insure, originally or by subsequent amendment, upon
    5-1  the application of an adult member of a family who shall be deemed
    5-2  the policy holder, any two or more eligible members of that family,
    5-3  including husband, wife, dependent children, including a dependent
    5-4  grandchild of the policy holder who is less than 21 years old and
    5-5  living with and in the household of the policy holder, or any
    5-6  children under a specified age which shall not exceed twenty-five
    5-7  years, a child the policy holder is required to insure under a
    5-8  medical support order issued under Section 14.061, Family Code, or
    5-9  enforceable by a court in this state, and any other person
   5-10  dependent upon the policy holder; and
   5-11              (4)  the style, arrangement and over-all appearance of
   5-12  the policy gives no undue prominence to any portion of the text,
   5-13  and unless every printed portion of the text of the policy and of
   5-14  any endorsements or attached papers (except copies of applications
   5-15  and identification cards) are plainly printed in lightfaced type of
   5-16  a style in general use, the size of which shall be uniform and not
   5-17  less than ten-point with a lower-case unspaced alphabet length not
   5-18  less than one hundred and twenty-point (the "text" shall include
   5-19  all printed matter except the name and address of the insurer, name
   5-20  or title of the policy, the brief description, if any, and captions
   5-21  and subcaptions); and
   5-22              (5)  the exceptions and reductions of indemnity are set
   5-23  forth in the policy and, except those which are set forth in
   5-24  Section 3 of this Act, are printed, at the insurer's option, either
   5-25  included with the benefit provision to which they apply, or under
   5-26  an appropriate caption such as "Exceptions" or "Exceptions and
   5-27  Reductions"; provided that if an exception or reduction
    6-1  specifically applies only to a particular benefit of the policy, a
    6-2  statement of such exception or reduction shall be included with the
    6-3  benefit provision to which it applies; and
    6-4              (6)  each such form, including riders and endorsements,
    6-5  shall be identified by a form number in the lower left-hand corner
    6-6  of the first page thereof; and
    6-7              (7)  it contains no provision purporting to make any
    6-8  portion of the charter, rules, constitution, or bylaws of the
    6-9  insurer a part of the policy unless such portion is set forth in
   6-10  full in the policy, except in the case of the incorporation of, or
   6-11  reference to, a statement of rates or classification of risks, or
   6-12  shortrate table filed with the Board; and
   6-13              (8)  it shall have printed thereon or attached thereto
   6-14  a notice stating in substance that the person to whom the policy is
   6-15  issued shall be permitted to return the policy within ten (10) days
   6-16  of its delivery to such person and to have the premium paid
   6-17  refunded if, after examination of the policy, such person is not
   6-18  satisfied with it for any reason.  If such person pursuant to such
   6-19  notice, returns the policy to the insurer at its home or branch
   6-20  office or to the agent through whom it was purchased, it shall be
   6-21  void from the beginning and the parties shall be in the same
   6-22  position as if no policy had been issued.  This subdivision shall
   6-23  not apply to single premium nonrenewable policies.
   6-24        (L)  An individual or group policy of accident and sickness
   6-25  insurance that is delivered, issued for delivery, or renewed in
   6-26  this state, including a policy issued by a company subject to
   6-27  Chapter 20, Insurance Code, and evidence of coverage issued by a
    7-1  health maintenance organization subject to the Texas Health
    7-2  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
    7-3  Code), that provides coverage for a child of the policyholder, must
    7-4  provide coverage upon payment of a premium for any children of the
    7-5  policyholder's child if those children are dependents of the
    7-6  policyholder for federal income tax purposes or for a child for
    7-7  whom the policyholder must provide medical support under an order
    7-8  issued under Section 14.061, Family Code, or enforceable by a court
    7-9  in this state.
   7-10        (M)(1)  A group or individual accident and sickness insurance
   7-11  policy that provides coverage for dependent children of a group
   7-12  member or a person insured under the policy may not exclude from or
   7-13  discontinue coverage or set a different premium for the natural
   7-14  born or adopted child of the group member or person insured or for
   7-15  a child for whom the group member or insured must provide medical
   7-16  support under an order issued under Section 14.061, Family Code, or
   7-17  enforceable by a court in this state for either of the following
   7-18  reasons:
   7-19                    (a)  the child does not reside with the group
   7-20  member or insured; or
   7-21                    (b)  the group member or insured does not claim
   7-22  the child as an exemption for federal income tax purposes under
   7-23  Section 151(c)(1)(B), Internal Revenue Code of 1986 (26 U.S.C.
   7-24  Section 151(c)(1)(B)).
   7-25        SECTION 1.06.  (a)  This article applies only to an order in
   7-26  a suit affecting the parent-child relationship or reciprocal child
   7-27  support action  entered on or after the effective date of this Act.
    8-1  An order entered before the effective date of this Act is governed
    8-2  by the law in effect on the date the order was entered, and that
    8-3  law is continued in effect for that purpose.
    8-4        (b)  This article applies only to a policy delivered, issued
    8-5  for delivery, or renewed on or after January 1, 1994.  A policy
    8-6  delivered, issued for delivery, or renewed before that date is
    8-7  governed by the law that existed immediately before the effective
    8-8  date of this Act, and that law is continued in effect for that
    8-9  purpose.
   8-10                   ARTICLE 2.  ENFORCEMENT OF CHILD
   8-11                   SUPPORT ORDERS AFFECTING LICENSE
   8-12                       HOLDERS AND MISCELLANEOUS
   8-13                        ENFORCEMENT PROVISIONS
   8-14        SECTION 2.01.  Subchapter B, Chapter 14, Family Code, is
   8-15  amended by adding Sections 14.52-14.56 to read as follows:
   8-16        Sec. 14.52.  LICENSE WITHHOLDING AND REVOCATION.  (a)  A
   8-17  child support obligor who is 30 or more days delinquent in
   8-18  providing child support is ineligible to obtain or renew a license
   8-19  issued by a licensing agency.
   8-20        (b)  A licensing agency shall verify that an applicant for a
   8-21  license or license renewal is not 30 or more days delinquent in
   8-22  providing child support by consulting the attorney general's list
   8-23  of delinquent child support obligors provided under Subsection (e)
   8-24  of this section.  If the applicant's name appears on the attorney
   8-25  general's list of delinquent child support obligors, the licensing
   8-26  agency may not grant the applicant a license or license renewal
   8-27  except as provided by Subsection (c) or (d) of this section.
    9-1        (c)  A licensing agency may issue a license or license
    9-2  renewal to an applicant whose name appears on the attorney
    9-3  general's list of delinquent child support obligors if the agency
    9-4  receives a written statement from the attorney general or district
    9-5  attorney, as appropriate, that all child support arrearages have
    9-6  been paid or that a repayment agreement has been approved by the
    9-7  court of continuing jurisdiction.
    9-8        (d)  A licensing agency may issue an applicant whose name
    9-9  appears on the attorney general's list of delinquent child support
   9-10  obligors a license or license renewal that expires 60 days after
   9-11  the date it was issued.  The agency may not issue a license or
   9-12  license renewal more than once under this subsection for each
   9-13  applicant.
   9-14        (e)  The attorney general monthly shall provide to each
   9-15  licensing agency a list of child support obligors who are 30 or
   9-16  more days delinquent in providing child support.
   9-17        (f)  The attorney general, a private attorney representing an
   9-18  obligee, or the obligee may petition a licensing agency for
   9-19  revocation of an obligor's license because of the obligor's child
   9-20  support delinquency.  Not later than the 30th day after the date on
   9-21  which the agency receives the petition, the agency shall convene an
   9-22  administrative hearing to determine if the obligor is 30 or more
   9-23  days delinquent.  After notice and opportunity for hearing, the
   9-24  licensing agency shall revoke the obligor's license unless the
   9-25  obligor provides evidence of full payment of all arrearages or
   9-26  evidence that an agreement to pay arrearages has been approved by
   9-27  the attorney general or the court of continuing jurisdiction.  A
   10-1  licensing agency may not reinstate a license revoked under this
   10-2  subsection unless the obligor provides proof of full payment of all
   10-3  arrearages or proof that an agreement to pay the arrearages has
   10-4  been approved by the attorney general or the court of continuing
   10-5  jurisdiction.
   10-6        (g)  The attorney general shall reimburse a licensing agency
   10-7  for reasonable costs for participating in child support enforcement
   10-8  under this section.
   10-9        (h)  The attorney general shall adopt rules to implement this
  10-10  section.
  10-11        (i)  In this section:
  10-12              (1)  "License" means a permit, certificate, or similar
  10-13  form of permission issued by a licensing agency that is required by
  10-14  law to:
  10-15                    (A)  engage in a profession or occupation;
  10-16                    (B)  operate a vehicle or machinery;
  10-17                    (C)  participate in recreational activity; or
  10-18                    (D)  sell a regulated commodity.
  10-19              (2)  "Licensing agency" means a board, commission,
  10-20  department, or other agency in the executive or judicial branch of
  10-21  state government that issues or renews a license, either directly
  10-22  or through a private entity.
  10-23        Sec. 14.53.  PENALTY FOR FAILURE TO WITHHOLD LICENSE.  (a)  A
  10-24  person commits an offense if the person issues a license or license
  10-25  renewal on behalf of a state licensing agency to an obligor who is
  10-26  30 or more days delinquent in the payment of child support except
  10-27  as provided by Section 14.52(c) or (d) of this code.  An offense
   11-1  under this subsection is punishable by a fine not to exceed $50.
   11-2        (b)  It is a defense to an offense under Subsection (a) of
   11-3  this section that the person attempted to verify whether an
   11-4  applicant for a license owed delinquent child support by consulting
   11-5  the attorney general's list of delinquent child support obligors
   11-6  provided under Section 14.52(e) of this code and the person
   11-7  reasonably believed that the applicant did not owe delinquent child
   11-8  support.
   11-9        Sec. 14.54.  PUBLICATION OF NAMES OF DELINQUENT OBLIGORS.
  11-10  (a)  The attorney general shall, at least annually, publish in
  11-11  newspapers of general circulation throughout the state:
  11-12              (1)  the first and last names of child support obligors
  11-13  who are 30 or more days delinquent in paying child support; and
  11-14              (2)  the amount of the child support arrearage.
  11-15        (b)  The attorney general shall, at least quarterly, publish
  11-16  in newspapers of general circulation throughout the state the first
  11-17  and last names of child support obligors or parents for whom the
  11-18  attorney general is attempting to establish a support order and
  11-19  whom the attorney general cannot locate.
  11-20        Sec. 14.55.  INELIGIBILITY FOR STATE CONTRACTS.  A child
  11-21  support obligor who is 30 or more days delinquent in providing
  11-22  child support is ineligible to submit a bid to provide, or
  11-23  otherwise provide, property, materials, or services under a
  11-24  contract with the state.  If a delinquent obligor is a partner,
  11-25  officer, majority shareholder, or owner of a partnership,
  11-26  corporation, or other entity, the partnership, corporation, or
  11-27  entity is ineligible to bid for or enter into a contract with the
   12-1  state.
   12-2        Sec. 14.56.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS.
   12-3  A child support obligor who is 30 or more days delinquent in paying
   12-4  child support is not eligible to receive a state-funded grant or
   12-5  loan until:
   12-6              (1)  all arrearages have been paid; or
   12-7              (2)  a repayment agreement has been approved by the
   12-8  attorney general or court of continuing jurisdiction.
   12-9        SECTION 2.02.  Section 14.972(c), Family Code, is amended to
  12-10  read as follows:
  12-11        (c)  The lien attaches to all personal property not exempt
  12-12  under provisions of the Texas Constitution, including all claims
  12-13  for negligence, personal injury, or workers' compensation,
  12-14  including an insurance award for any of those claims, owned by the
  12-15  obligor on or after the date on which the lien attaches.
  12-16        SECTION 2.03.  Section 76.002, Human Resources Code, is
  12-17  amended by adding Subsection (f) to read as follows:
  12-18        (f)  The attorney general shall report to the legislature
  12-19  each biennium on the effectiveness of the attorney general's child
  12-20  support enforcement activity in reducing the state's public
  12-21  assistance obligations.  The attorney general shall develop a
  12-22  method for estimating the costs and benefits of each child support
  12-23  enforcement measure and the effect of each measure on
  12-24  appropriations for public assistance.
  12-25        SECTION 2.04.  (a)  The change in law made by Section 2.01 of
  12-26  this article relating to withholding a license or license renewal
  12-27  from a delinquent child support obligor applies to the disposition
   13-1  of an application for a license or license renewal on or after the
   13-2  effective date of this Act without regard to whether the obligor
   13-3  applies for the license or license renewal before, on, or after the
   13-4  effective date of this Act.
   13-5        (b)  The change in law made by Section 2.01 of this article
   13-6  relating to the ineligibility of a delinquent child support obligor
   13-7  to bid for a state contract applies to the disposition of a pending
   13-8  bid on or after the effective date of this Act without regard to
   13-9  whether the bid is submitted before, on, or after the effective
  13-10  date of this Act.
  13-11        (c)  The change in law made by Section 2.01 of this article
  13-12  relating to the ineligibility of a delinquent child support obligor
  13-13  to provide property, materials, or services under a contract with
  13-14  the state applies only to a contract award made on or after the
  13-15  effective date of this Act.
  13-16        (d)  The change in law made by Section 2.01 of this article
  13-17  relating to the ineligibility of a delinquent child support obligor
  13-18  to receive a state-funded grant or loan applies only to the
  13-19  disposition of an application for a grant or loan that is made on
  13-20  or after the effective date of this Act.
  13-21          ARTICLE 3.  EFFECTIVE DATE AND EMERGENCY PROVISION
  13-22        SECTION 3.01.  This Act takes effect September 1, 1993.
  13-23        SECTION 3.02.  The importance of this legislation and the
  13-24  crowded condition of the calendars in both houses create an
  13-25  emergency and an imperative public necessity that the
  13-26  constitutional rule requiring bills to be read on three several
  13-27  days in each house be suspended, and this rule is hereby suspended.