1-1  By:  Harris of Tarrant                                  S.B. No. 84
    1-2        (In the Senate - Filed February 17, 1993; February 17, 1993,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  March 1, 1993, reported favorably, as amended, by the following
    1-5  vote:  Yeas 8, Nays 0; March 1, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker                                      x    
   1-11        Henderson          x                               
   1-12        Leedom                                        x    
   1-13        Lucio              x                               
   1-14        Luna                                          x    
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West                                x              
   1-20        Whitmire                                      x    
   1-21  COMMITTEE AMENDMENT NO. 1                               By:  Rosson
   1-22  Amend S.B. No. 84 as follows:
   1-23        (1)  On line 14, page 8, delete the rest of the section after
   1-24  "covered person." and add "On receipt of the medical support order
   1-25  by the employer, the child shall be automatically enrolled for a
   1-26  31-day period following the receipt of the order by the employer.
   1-27  On receipt of the order by the employer, the employer shall notify
   1-28  the insurer of such automatic enrollment.  During the 31-day
   1-29  period, the policyholder shall apply for coverage for the child in
   1-30  accordance with the medical support order.  An insurer affected by
   1-31  this provision shall not require the policyholder to provide
   1-32  evidence of the insurability of the child.
   1-33        (2)  After line 36, on page 9, add:
   1-34        (K)  An accident and sickness insurance policy that provides
   1-35  coverage for the immediate family or children of a person insured
   1-36  under the policy may not exclude from coverage or limit coverage to
   1-37  a child of the insured solely because the child is adopted.  For
   1-38  the purposes, of this subsection, a child is considered to be the
   1-39  child of an insured if<:>
   1-40              <(1)>  the insured is a party in a suit in which the
   1-41  adoption of the child by the insured is sought<; and>
   1-42              <(2)  the insured has custody of the child under a
   1-43  temporary court order that grants to the insured conservatorship of
   1-44  the child>.
   1-45        (3)  After line 3, page 10, add a new section to the bill.
   1-46        SECTION ____.  Subsection (c), Section 3D, Article 3.51-6,
   1-47  Insurance Code, is amended to read as follows:
   1-48        (c)  For the purposes of this section a child is considered
   1-49  to be the child of an insured if<:>
   1-50              <(1)>  the insured is a party in a suit in which the
   1-51  adoption of the child by the insured is sought<; and>
   1-52              <(2)  the insured has custody of the child under a
   1-53  temporary court order that grants to the insured conservatorship of
   1-54  the child>.
   1-55        (4)  On page 11, line 39 replace "publish in" with
   1-56  "distribute to"
   1-57        (5)  On page 11, lines 44 and 45 replace "publish in" with
   1-58  "distribute to"
   1-59        (6)  On page 11, line 64 delete "attorney general or"
   1-60  COMMITTEE AMENDMENT NO. 2                               By:  Rosson
   1-61  Amend S.B. No. 84 as follows:
   1-62        (1)  Delete Article 2 from page 10, line 29 through page 12,
   1-63  line 32.
   1-64        (2)  Add new Article 2 to read as follows:
   1-65               ARTICLE 2.  ENFORCEMENT OF CHILD SUPPORT
   1-66                 ORDERS AFFECTING LICENSE HOLDERS AND
   1-67                 MISCELLANEOUS ENFORCEMENT PROVISIONS
   1-68        SECTION 2.01.  Subchapter B, Chapter 14, Family Code, is
    2-1  amended by adding Sections 14.52, 14.53, and 14.54 to read as
    2-2  follows:
    2-3        Sec. 14.52.  LICENSE WITHHOLDING AND REVOCATION.  (a)  The
    2-4  attorney general, a private attorney representing an obligee, or
    2-5  the obligee may petition a licensing agency for revocation of an
    2-6  obligor's license because of the obligor's child support
    2-7  delinquency.  Not later than the 30th day after the date on which
    2-8  the agency receives the petition, the agency shall convene an
    2-9  administrative hearing to determine if the obligor is 30 or more
   2-10  days delinquent.  After notice and opportunity for hearing, the
   2-11  licensing agency shall revoke the obligor's license unless the
   2-12  obligor provides evidence that an agreement to pay arrearages has
   2-13  been approved by the court of continuing jurisdiction.  A licensing
   2-14  agency may not reinstate a license revoked under this subsection
   2-15  unless the obligor provides proof of full payment of all arrearages
   2-16  or proof that an agreement to pay the arrearages has been approved
   2-17  by the court of continuing jurisdiction.
   2-18        (b)  Each applicant for a license or license renewal shall
   2-19  state in writing under oath at the time of such application that
   2-20  the applicant is not 30 days or more delinquent in providing child
   2-21  support or that the applicant is in compliance with a written
   2-22  repayment agreement or court order as to any delinquency which does
   2-23  exist.
   2-24        (c)  The attorney general shall adopt rules to implement this
   2-25  section.
   2-26        (d)  In this section:
   2-27              (1)  "License" means a permit, certificate, or similar
   2-28  form of permission issued by a licensing agency that is required by
   2-29  law to:
   2-30                    (A)  engage in a profession or occupation; or
   2-31                    (B)  sell a regulated commodity.
   2-32              (2)  "Licensing agency" means a board, commission,
   2-33  department, or other agency in the executive or judicial branch of
   2-34  state government that issues or renews a license either directly or
   2-35  through a private entity.
   2-36        Sec. 14.53.  DRIVER'S LICENSE WITHHOLDING AND REVOCATION.
   2-37  The attorney general and the Department of Public Safety may by
   2-38  rule establish a procedure for the denial or suspension of the
   2-39  driver's license of any individual who is 30 days or more
   2-40  delinquent in providing child support.  Such rule shall include
   2-41  provisions for verification, temporary licenses, and judicial
   2-42  review of delinquency.  Denial or suspension of licenses pursuant
   2-43  to such rule shall be governed by this statute and the rule, not by
   2-44  the general licensing provisions of Chapter 173, Acts of the 47th
   2-45  Legislature, Regular Session, 1941 Article 6687b, Vernon's Texas
   2-46  Civil Statutes.
   2-47        Sec. 14.54.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
   2-48  OR BID ON STATE CONTRACTS.  (a)  A child support obligor who is 30
   2-49  or more days delinquent in paying child support is not eligible to:
   2-50              (1)  submit a bid or enter into a contract to provide
   2-51  or otherwise provide property, materials, or services under a
   2-52  contract with the state; or
   2-53              (2)  receive a state-funded grant or loan.
   2-54        (b)  A delinquent obligor ineligible to bid on state
   2-55  contracts under Subsection (a)(1) of this section includes any sole
   2-56  proprietor, partner, officer, majority shareholder, or owner of a
   2-57  partnership, corporation, or other entity.
   2-58        (c)  A child support obligor shall remain ineligible to
   2-59  submit a bid on a state contract or apply for a state-funded grant
   2-60  or loan under Subsection (a) of this section until:
   2-61              (1)  all arrearages have been paid; or
   2-62              (2)  the obligor is in compliance with a written
   2-63  repayment agreement or court order as to any delinquency which does
   2-64  exist.
   2-65        (d)  All bidders for state contracts or applicants for
   2-66  state-funded loans or grants under Subsection (a) of this section
   2-67  shall submit a signed sworn statement accompanying any bid or
   2-68  application for a grant or loan affirming that they are not 30 or
   2-69  more days delinquent in providing child support pursuant to a court
   2-70  order or a written repayment agreement.
    3-1        (e)  The attorney general may adopt rules or prescribe forms
    3-2  to implement any provision of this section.
    3-3        SECTION 2.02.  Subsections (a) and (b), Section 403.055,
    3-4  Government Code, are amended to read as follows:
    3-5        (a)(1)  Except as provided by Subsection (a)(3), the <The>
    3-6  comptroller may not issue a warrant to a person if the person is
    3-7  indebted or owes delinquent taxes to the state, or owes delinquent
    3-8  taxes under a tax that the comptroller administers or collects,
    3-9  until the debt or taxes are paid.
   3-10              (2)  Except as provided by Subdivision (3), the
   3-11  comptroller may not issue a warrant to a person if the person owns
   3-12  past-due child support for which an assignment has been made to the
   3-13  attorney general pursuant to either Section 76.003 or 76.004, Human
   3-14  Resources Code.
   3-15              (3)  The comptroller may issue a warrant to a person
   3-16  owing past-due child support for which an assignment has been made
   3-17  to the attorney general pursuant to either Section 76.003 or
   3-18  76.004, Human Resources Code, for all or a portion of the amount
   3-19  otherwise payable to the person only on authorization of such
   3-20  warrant by the attorney general based on a resolution, in whole or
   3-21  in part, of such past-due child support acceptable to the attorney
   3-22  general.
   3-23        (b)(1)  The comptroller may issue a warrant to the assignee
   3-24  of a person who is indebted or owes delinquent taxes to the state
   3-25  and who does not owe past-due child support for which an assignment
   3-26  has been made to the attorney general pursuant to either Section
   3-27  76.003 or 76.004, Human Resources Code, only if the assignment
   3-28  became effective before the person became indebted to the state or
   3-29  delinquent in the payment of taxes to the state.
   3-30              (2)  The comptroller may issue a warrant to the
   3-31  assignee of a person who owes past-due child support for which an
   3-32  assignment has been made to the attorney general pursuant to either
   3-33  Section 76.003 or 76.004, Human Resources Code, only in the event
   3-34  that the attorney general is the assignee to whom the warrant is
   3-35  issued.
   3-36        SECTION 2.03.  Section 77.001, Human Resources Code, is
   3-37  amended to read as follows:
   3-38        Sec. 77.001.  DESIGNATED STATE AGENCY.  (a)  The state agency
   3-39  designated to administer a statewide plan for child support may
   3-40  establish and conduct a parent locator service which shall be used
   3-41  to obtain information as to the whereabouts, income, and holdings
   3-42  of any person when such information is to be used for the purposes
   3-43  of locating such person and establishing or enforcing a support or
   3-44  medical support obligation against such person.
   3-45        (b)  The designated state agency shall be entitled to <may>
   3-46  request and obtain such information from state and local government
   3-47  agencies, private companies, institutions, or other entities as
   3-48  deemed necessary to carry out the provisions of this Act.  Such
   3-49  government and private entities shall furnish any information so
   3-50  requested and known to such entity to the designated agency unless
   3-51  state or federal law specifically provides that such information
   3-52  shall not be disclosed to the designated agency office<, except to
   3-53  the extent such information is made nondisclosable by law>.
   3-54        (c)  The designated agency may issue an administrative
   3-55  subpoena to any individual or organization to furnish such
   3-56  information deemed necessary to carry out the provisions of this
   3-57  section and such individual or organization shall comply in the
   3-58  manner required by the subpoena.
   3-59        (d)  The furnishing of information provided for in Subsection
   3-60  (a) of this section by state governmental agencies shall include
   3-61  the transmittal of information in the most efficient and
   3-62  expeditious manner available, including electronic or automated
   3-63  transfer and interface.
   3-64        SECTION 2.04.  Subsection (c), Section 14.972, Family Code,
   3-65  is amended to read as follows:
   3-66        (c)  The lien attaches to all personal property not exempt
   3-67  under provisions of the Texas Constitution, including all claims
   3-68  for negligence, personal injury, or workers' compensation,including
   3-69  an insurance award for any of those claims, owned by the obligor on
   3-70  or after the date on which the lien attaches.
    4-1        SECTION 2.05.  Section 76.002, Human Resources Code, is
    4-2  amended by adding Subsection (f) to read as follows:
    4-3        (f)  The attorney general shall report to the legislature
    4-4  each biennium on the effectiveness of the attorney general's child
    4-5  support enforcement activity in reducing the state's public
    4-6  assistance obligations.  The attorney general shall develop a
    4-7  method for estimating the costs and benefits of the child support
    4-8  enforcement program and the effect of the program on appropriations
    4-9  for public assistance.
   4-10  COMMITTEE AMENDMENT NO. 3                               By:  Rosson
   4-11  Amend S.B. No. 84 as follows:
   4-12        (1)  Delete Article 1 from page 1, line 37 through page 10,
   4-13  line 28.
   4-14        (2)  Add new Article 1 to read as follows:
   4-15            ARTICLE 1.  MEDICAL SUPPORT ORDERS FOR CHILDREN
   4-16        SECTION 1.01.  Subchapter B, Chapter 32, Human Resources
   4-17  Code, is amended by adding Section 32.042 to read as follows:
   4-18        Sec. 32.042.  INFORMATION REQUIRED FROM HEALTH INSURERS.
   4-19  (a)  A health insurer, including a group health services
   4-20  corporation and a health maintenance organization, providing
   4-21  coverage or benefits in this state through an employer, union,
   4-22  trade association, or another organization or source shall maintain
   4-23  a centralized file system that contains the name, mailing address,
   4-24  social security number, and date of birth of:
   4-25              (1)  each subscriber, policyholder, or enrollee of the
   4-26  insurer; and
   4-27              (2)  other persons covered by the insurer.
   4-28        (b)  The information required to be maintained under
   4-29  Subsection (a) shall be made available on request to the department
   4-30  in the administration of the department's Medicaid third-party
   4-31  recovery functions or to any other agency that performs those
   4-32  functions.  A health insurer shall permit data matches with the
   4-33  department or the successor agency to identify state medical
   4-34  assistance recipients with third-party health coverage or
   4-35  insurance.
   4-36        (c)  The medical assistance identification card of a
   4-37  recipient of medical support shall state whether the recipient is
   4-38  covered by any third-party health coverage.  A health care service
   4-39  provider must seek reimbursement from available third-party health
   4-40  coverage before billing the state medical assistance program.
   4-41        SECTION 1.02.  Section 14.061, Family Code, is amended by
   4-42  adding Subsection (r) to read as follows:
   4-43        (r)  For purposes of enrolling a child in a health insurance
   4-44  program under this section, a court order requiring that health
   4-45  insurance be provided for a child is a change in the family
   4-46  circumstances of the covered person equivalent to the birth or
   4-47  adoption of a child by the covered person.  Upon receipt of the
   4-48  medical support order by the employer, the child shall be
   4-49  automatically enrolled for a 31-day period following the receipt of
   4-50  the order by the employer.  Upon receipt of the order by the
   4-51  employer, the employer shall notify the insurer of such automatic
   4-52  enrollment.  During the 31-day period, the policyholder shall apply
   4-53  for coverage for the child in accordance with the medical support
   4-54  order.  An insurer affected by this provision shall not require the
   4-55  policyholder to provide evidence of the insurability of the child.
   4-56        SECTION 1.03.  Subsections (l) and (n), Section 14.43, Family
   4-57  Code, are amended to read as follows:
   4-58        (l)  Liability and Obligation of Employer for Payments.  An
   4-59  employer receiving an order under this section or a writ under
   4-60  Section 14.45 who complies with the order or writ is not liable to
   4-61  the obligor for the amount of income withheld and paid as provided
   4-62  in the order or writ.  An employer who received an order or writ of
   4-63  withholding and who does not comply with the order or writ is
   4-64  liable to the obligee for the amount not paid in compliance with
   4-65  the order or writ, including an amount the obligor is required to
   4-66  pay for health insurance under Section 14.061 of this code, or to
   4-67  the obligor for the amount withheld and not paid and for reasonable
   4-68  attorney's fees and court costs.  An employer receiving two or more
   4-69  orders or writs on any named obligor shall comply with every order
   4-70  or writ to the maximum extent possible.  If the total amount in the
    5-1  orders or writ exceeds the maximum amount allowable to be withheld
    5-2  under this section, the employer shall pay an equal amount towards
    5-3  the current support portion of all orders or writs until each order
    5-4  is individually complied with, and thereafter equal amounts on the
    5-5  arrearage portion of all orders until each order or writ is
    5-6  complied with, or until the maximum total amount of allowable
    5-7  withholding under Subsection (f) of this section is reached,
    5-8  whichever occurs first.  If an employer is ordered to withhold from
    5-9  more than one obligor, the employer may combine the withheld
   5-10  amounts from the obligors' wages and make a single payment to each
   5-11  appropriate agency requesting withholding if the employer
   5-12  separately identifies the amount of the payment that is
   5-13  attributable to each obligor.
   5-14        (n)  Fine for Employers.  In addition to the civil remedies
   5-15  provided by Subsections (l) and (m) of this section or by any other
   5-16  remedy provided by law, an employer who knowingly violates the
   5-17  provisions of those subsections may be subject to a fine not to
   5-18  exceed $200 <$50> for each occurrence in which the employer fails
   5-19  to withhold.  Any fines recovered under this subsection shall be
   5-20  paid to the obligee and credited against any amounts owed by the
   5-21  obligor.
   5-22        SECTION 1.04.  Subsections (A)(3), (K), (L), and (M), Sec. 2,
   5-23  Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,
   5-24  Vernon's Texas Insurance Code), are amended to read as follows:
   5-25        (A)  No policy of accident and sickness insurance shall be
   5-26  delivered or issued for delivery to any person in this state
   5-27  unless:
   5-28              (1)  the entire money and other consideration therefor
   5-29  are expressed therein or in the application, if it is made a part
   5-30  of the policy; and
   5-31              (2)  the time at which the insurance takes effect and
   5-32  terminates is expressed therein; and
   5-33              (3)  it purports to insure only one person, except that
   5-34  a policy may insure, originally or by subsequent amendment, upon
   5-35  the application of an adult member of a family who shall be deemed
   5-36  the policy holder, any two or more eligible members of that family,
   5-37  including husband, wife, dependent children, including a dependent
   5-38  grandchild of the policy holder who is less than 21 years old and
   5-39  living with and in the household of the policy holder, or any
   5-40  children under a specified age which shall not exceed twenty-five
   5-41  years, a child the policy holder is required to insure under a
   5-42  medical support order issued under Section 14.061, Family Code, or
   5-43  enforceable by a court in this state, and any other person
   5-44  dependent upon the policy holder; and
   5-45              (4)  the style, arrangement and over-all appearance of
   5-46  the policy gives no undue prominence to any portion of the text,
   5-47  and unless every printed portion of the text of the policy and of
   5-48  any endorsements or attached papers (except copies of applications
   5-49  and identification cards) are plainly printed in lightfaced type of
   5-50  a style in general use, the size of which shall be uniform and not
   5-51  less than ten-point with a lower-case unspaced alphabet length not
   5-52  less than one hundred and twenty-point (the "text" shall include
   5-53  all printed matter except the name and address of the insurer, name
   5-54  or title of the policy, the brief description, if any, and captions
   5-55  and subcaptions); and
   5-56              (5)  the exceptions and reductions of indemnity are set
   5-57  forth in the policy and, except those which are set forth in
   5-58  Section 3 of this Act, are printed, at the insurer's option, either
   5-59  included with the benefit provision to which they apply, or under
   5-60  an appropriate caption such as "Exceptions" or "Exceptions and
   5-61  Reductions"; provided that if an exception or reduction
   5-62  specifically applies only to a particular benefit of the policy, a
   5-63  statement of such exception or reduction shall be included with the
   5-64  benefit provision to which it applies; and
   5-65              (6)  each such form, including riders and endorsements,
   5-66  shall be identified by a form number in the lower left-hand corner
   5-67  of the first page thereof; and
   5-68              (7)  it contains no provision purporting to make any
   5-69  portion of the charter, rules, constitution, or bylaws of the
   5-70  insurer a part of the policy unless such portion is set forth in
    6-1  full in the policy, except in the case of the incorporation of, or
    6-2  reference to, a statement of rates or classification of risks, or
    6-3  shortrate table filed with the Board; and
    6-4              (8)  it shall have printed thereon or attached thereto
    6-5  a notice stating in substance that the person to whom the policy is
    6-6  issued shall be permitted to return the policy within ten (10) days
    6-7  of its delivery to such person and to have the premium paid
    6-8  refunded if, after examination of the policy, such person is not
    6-9  satisfied with it for any reason.  If such person pursuant to such
   6-10  notice, returns the policy to the insurer at its home or branch
   6-11  office or to the agent through whom it was purchased, it shall be
   6-12  void from the beginning and the parties shall be in the same
   6-13  position as if no policy had been issued. This subdivision shall
   6-14  not apply to single premium nonrenewable policies.
   6-15        (K)  An accident and sickness insurance policy that provides
   6-16  coverage for the immediate family or children of a person insured
   6-17  under the policy may not exclude from coverage or limit coverage to
   6-18  a child of the insured solely because the child is adopted.  For
   6-19  the purposes of this subsection, a child is considered to be the
   6-20  child of an insured if<:>
   6-21              <(1)>  the insured is a party in a suit in which the
   6-22  adoption of the child by the insured is sought<; and>
   6-23              <(2)  the insured has custody of the child under a
   6-24  temporary court order that grants to the insured conservatorship of
   6-25  the child>.
   6-26        (L)  An individual or group policy of accident and sickness
   6-27  insurance that is delivered, issued for delivery, or renewed in
   6-28  this state, including a policy issued by a company subject to
   6-29  Chapter 20, Insurance Code, and evidence of coverage issued by a
   6-30  health maintenance organization subject to the Texas Health
   6-31  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
   6-32  Code), that provides coverage for a child of the policyholder, must
   6-33  provide coverage upon payment of a premium for any children of the
   6-34  policyholder's child if those children are dependents of the
   6-35  policyholder for federal income tax purposes or for a child for
   6-36  whom the group member or insured must provide medical support under
   6-37  an order issued under Section 14.061, Family Code, or enforceable
   6-38  by a court in this state.
   6-39        (M)(1)  A group or individual accident and sickness insurance
   6-40  policy that provides coverage for dependent children of a group
   6-41  member or a person insured under the policy may not exclude from or
   6-42  discontinue coverage or set a different premium for the natural
   6-43  born or adopted child of the group member or person insured or for
   6-44  a child for whom the group member or insured must provide medical
   6-45  support under an order issued under Section 14.061, Family Code, or
   6-46  enforceable by a court in this state for either of the following
   6-47  reasons:
   6-48                    (a)  the child does not reside with the group
   6-49  member or insured; or
   6-50                    (b)  the group member or insured does not claim
   6-51  the child as an exemption for federal income tax purposes under
   6-52  Section 151(c)(1)(B), Internal Revenue Code of 1986 (26 U.S.C.
   6-53  Section 151(c)(1)(B)).
   6-54              (2)  A group or individual accident and sickness
   6-55  insurance policy that provides coverage for dependent children of a
   6-56  group member or a person insured under the policy may not exclude
   6-57  from or discontinue coverage or set a different premium for the
   6-58  natural born or adopted child of the spouse of the group member or
   6-59  person insured, provided that the child resides with the group
   6-60  member or person insured.
   6-61              (3)  Other policy provisions relating to maximum
   6-62  limiting attained age and enrollment in school may be used to
   6-63  establish continued eligibility for coverage of a dependent child.
   6-64  In the event of late enrollment, the insurance company may require
   6-65  evidence of insurability satisfactory to the company before
   6-66  inclusion of the dependent child for coverage under the policy.
   6-67        SECTION 1.05.  Subsection (c), Section 3D, Article 3.51-6,
   6-68  Insurance Code, is amended to read as follows:
   6-69        (c)  For the purposes of this section, a child is considered
   6-70  to be the child of an insured if<:>
    7-1              <(1)>  the insured is a party in a suit in which the
    7-2  adoption of the child by the insured is sought<; and>
    7-3              <(2)  the insured has custody of the child under a
    7-4  temporary court order that grants to the insured conservatorship of
    7-5  the child>.
    7-6        SECTION 1.06.  Article 21.07-6, Insurance Code, is amended by
    7-7  adding Section 25 to read as follows:
    7-8        Sec. 25.  COVERAGE FOR CERTAIN CHILDREN.  Each administrator
    7-9  operating under a certificate of authority who adjusts or settles
   7-10  claims in connection with health benefits must provide coverage
   7-11  upon payment of a premium for any children of the plan member's
   7-12  child if those children are dependents of the plan member for
   7-13  federal income tax purposes or for a child for whom the plan member
   7-14  must provide medical support under an order issued under Section
   7-15  14.061, Family Code, or enforceable by a court in this state and
   7-16  may not exclude from or discontinue coverage or set a different
   7-17  premium for the natural born or adopted child of the plan member.
   7-18        SECTION 1.07.  (a)  This article applies only to an order in
   7-19  a suit affecting the parent-child relationship or reciprocal child
   7-20  support action entered on or after the effective date of this Act.
   7-21  An order entered before the effective date of this Act is governed
   7-22  by the law in effect on the date the order was entered, and that
   7-23  law is continued in effect for that purpose.
   7-24        (b)  This article applies only to a policy delivered, issued
   7-25  for delivery, or renewed on or after January 1, 1994.  A policy
   7-26  delivered, issued for delivery, or renewed before that date is
   7-27  governed by the law that existed immediately before the effective
   7-28  date of this Act, and that law is continued in effect for that
   7-29  purpose.
   7-30                         A BILL TO BE ENTITLED
   7-31                                AN ACT
   7-32  relating to the enforcement of support orders for children and the
   7-33  issuance of insurance coverage for certain persons subject to a
   7-34  medical support order for a child; providing a penalty.
   7-35        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   7-36            ARTICLE 1.  MEDICAL SUPPORT ORDERS FOR CHILDREN
   7-37        SECTION 1.01.  Subchapter B, Chapter 32, Human Resources
   7-38  Code, is amended by adding Section 32.042 to read as follows:
   7-39        Sec. 32.042.  INFORMATION REQUIRED FROM HEALTH INSURERS.
   7-40  (a)  A health insurer, including a group health services
   7-41  corporation and a health maintenance organization, providing
   7-42  coverage or benefits in this state through an employer, union,
   7-43  trade association, or another organization or source shall maintain
   7-44  a centralized file system that contains the name, mailing address,
   7-45  social security number, and date of birth of:
   7-46              (1)  each subscriber, policyholder, or enrollee of the
   7-47  insurer; and
   7-48              (2)  other persons covered by the insurer.
   7-49        (b)  The information required to be maintained under
   7-50  Subsection (a) shall be made available on request to the department
   7-51  in the administration of the department's Medicaid third-party
   7-52  recovery functions or to any other agency that performs those
   7-53  functions.  A health insurer shall permit data matches with the
   7-54  department or the successor agency to identify state medical
   7-55  assistance recipients with third-party health coverage or
   7-56  insurance.
   7-57        (c)  The medical assistance identification card of a
   7-58  recipient of medical support shall state whether the recipient is
   7-59  covered by any third-party health coverage.  A health care service
   7-60  provider must seek reimbursement from available third-party health
   7-61  coverage before billing the state medical assistance program.
   7-62        SECTION 1.02.  Chapter 76, Human Resources Code, is amended
   7-63  by adding Section 76.010 to read as follows:
   7-64        Sec. 76.010.  MEDICAL SUPPORT ENFORCEMENT FOR CHILDREN.  The
   7-65  attorney general shall develop policies for improving enforcement
   7-66  of medical support orders for children ordered under Section
   7-67  14.061, Family Code, or in a reciprocal support action under
   7-68  Chapter 21, Family Code.  To improve the enforcement of medical
   7-69  support orders for children, the attorney general shall:
   7-70              (1)  centralize medical support enforcement activities
    8-1  within a single office in the child support enforcement division of
    8-2  the attorney general's office; and
    8-3              (2)  automate medical support enforcement activities to
    8-4  the fullest extent possible.
    8-5        SECTION 1.03.  Section 14.061, Family Code, is amended by
    8-6  adding Subsection (r) to read as follows:
    8-7        (r)  For purposes of enrolling a child in a health insurance
    8-8  program under this section, a court order requiring that health
    8-9  insurance be provided for a child is a change in the family
   8-10  circumstances of the covered person equivalent to the birth or
   8-11  adoption of a child by the covered person.  A covered person
   8-12  ordered to provide health insurance for a child shall be afforded
   8-13  the same enrollment opportunity that the covered person would have
   8-14  in the event of a birth or adoption of a child by the covered
   8-15  person.
   8-16        SECTION 1.04.  Subsections (l) and (n), Section 14.43, Family
   8-17  Code, are amended to read as follows:
   8-18        (l)  Liability and Obligation of Employer for Payments.  An
   8-19  employer receiving an order under this section or a writ under
   8-20  Section 14.45 who complies with the order or writ is not liable to
   8-21  the obligor for the amount of income withheld and paid as provided
   8-22  in the order or writ.  An employer who received an order or writ of
   8-23  withholding and who does not comply with the order or writ is
   8-24  liable to the obligee for the amount not paid in compliance with
   8-25  the order or writ, including an amount the obligor is required to
   8-26  pay for health insurance under Section  14.061 of this code,  or to
   8-27  the obligor for the amount withheld and not paid and for reasonable
   8-28  attorney's fees and court costs.  An employer receiving two or more
   8-29  orders or writs on any named obligor shall comply with every order
   8-30  or writ to the maximum extent possible.  If the total amount in the
   8-31  orders or writ exceeds the maximum amount allowable to be withheld
   8-32  under this section, the employer shall pay an equal amount towards
   8-33  the current support portion of all orders or writs until each order
   8-34  is individually complied with, and thereafter equal amounts on the
   8-35  arrearage portion of all orders until each order or writ is
   8-36  complied with, or until the maximum total amount of allowable
   8-37  withholding under Subsection (f) of this section is reached,
   8-38  whichever occurs first.  If an employer is ordered to withhold from
   8-39  more than one obligor, the employer may combine the withheld
   8-40  amounts from the obligors' wages and make a single payment to each
   8-41  appropriate agency requesting withholding if the employer
   8-42  separately identifies the amount of the payment that is
   8-43  attributable to each obligor.
   8-44        (n)  Fine for Employers.  In addition to the civil remedies
   8-45  provided by Subsections (l) and (m) of this section or by any other
   8-46  remedy provided by law, an employer who knowingly violates the
   8-47  provisions of those subsections may be subject to a fine not to
   8-48  exceed $200 <$50> for each occurrence in which the employer fails
   8-49  to withhold.  Any fines recovered under this subsection shall be
   8-50  paid to the obligee and credited against any amounts owed by the
   8-51  obligor.
   8-52        SECTION 1.05.  Subsections (A), (L), and (M), Section 2,
   8-53  Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,
   8-54  Vernon's Texas Insurance Code), are amended to read as follows:
   8-55        (A)  No policy of accident and sickness insurance shall be
   8-56  delivered or issued for delivery to any person in this state
   8-57  unless:
   8-58              (1)  the entire money and other consideration therefor
   8-59  are expressed therein or in the application, if it is made a part
   8-60  of the policy; and
   8-61              (2)  the time at which the insurance takes effect and
   8-62  terminates is expressed therein; and
   8-63              (3)  it purports to insure only one person, except that
   8-64  a policy may insure, originally or by subsequent amendment, upon
   8-65  the application of an adult member of a family who shall be deemed
   8-66  the policy holder, any two or more eligible members of that family,
   8-67  including husband, wife, dependent children, including a dependent
   8-68  grandchild of the policy holder who is less than 21 years old and
   8-69  living with and in the household of the policy holder, or any
   8-70  children under a specified age which shall not exceed twenty-five
    9-1  years, a child the policy holder is required to insure under a
    9-2  medical support order issued under Section 14.061, Family Code, or
    9-3  enforceable by a court in this state, and any other person
    9-4  dependent upon the policy holder; and
    9-5              (4)  the style, arrangement and over-all appearance of
    9-6  the policy gives no undue prominence to any portion of the text,
    9-7  and unless every printed portion of the text of the policy and of
    9-8  any endorsements or attached papers (except copies of applications
    9-9  and identification cards) are plainly printed in lightfaced type of
   9-10  a style in general use, the size of which shall be uniform and not
   9-11  less than ten-point with a lower-case unspaced alphabet length not
   9-12  less than one hundred and twenty-point (the "text" shall include
   9-13  all printed matter except the name and address of the insurer, name
   9-14  or title of the policy, the brief description, if any, and captions
   9-15  and subcaptions); and
   9-16              (5)  the exceptions and reductions of indemnity are set
   9-17  forth in the policy and, except those which are set forth in
   9-18  Section 3 of this Act, are printed, at the insurer's option, either
   9-19  included with the benefit provision to which they apply, or under
   9-20  an appropriate caption such as "Exceptions" or "Exceptions and
   9-21  Reductions"; provided that if an exception or reduction
   9-22  specifically applies only to a particular benefit of the policy, a
   9-23  statement of such exception or reduction shall be included with the
   9-24  benefit provision to which it applies; and
   9-25              (6)  each such form, including riders and endorsements,
   9-26  shall be identified by a form number in the lower left-hand corner
   9-27  of the first page thereof; and
   9-28              (7)  it contains no provision purporting to make any
   9-29  portion of the charter, rules, constitution, or bylaws of the
   9-30  insurer a part of the policy unless such portion is set forth in
   9-31  full in the policy, except in the case of the incorporation of, or
   9-32  reference to, a statement of rates or classification of risks, or
   9-33  shortrate table filed with the Board; and
   9-34              (8)  it shall have printed thereon or attached thereto
   9-35  a notice stating in substance that the person to whom the policy is
   9-36  issued shall be permitted to return the policy within ten (10) days
   9-37  of its delivery to such person and to have the premium paid
   9-38  refunded if, after examination of the policy, such person is not
   9-39  satisfied with it for any reason.  If such person pursuant to such
   9-40  notice, returns the policy to the insurer at its home or branch
   9-41  office or to the agent through whom it was purchased, it shall be
   9-42  void from the beginning and the parties shall be in the same
   9-43  position as if no policy had been issued.  This subdivision shall
   9-44  not apply to single premium nonrenewable policies.
   9-45        (L)  An individual or group policy of accident and sickness
   9-46  insurance that is delivered, issued for delivery, or renewed in
   9-47  this state, including a policy issued by a company subject to
   9-48  Chapter 20, Insurance Code, and evidence of coverage issued by a
   9-49  health maintenance organization subject to the Texas Health
   9-50  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
   9-51  Code), that provides coverage for a child of the policyholder, must
   9-52  provide coverage upon payment of a premium for any children of the
   9-53  policyholder's child if those children are dependents of the
   9-54  policyholder for federal income tax purposes or for a child for
   9-55  whom the policyholder must provide medical support under an order
   9-56  issued under Section 14.061, Family Code, or enforceable by a court
   9-57  in this state.
   9-58        (M)(1)  A group or individual accident and sickness insurance
   9-59  policy that provides coverage for dependent children of a group
   9-60  member or a person insured under the policy may not exclude from or
   9-61  discontinue coverage or set a different premium for the natural
   9-62  born or adopted child of the group member or person insured or for
   9-63  a child for whom the group member or insured must provide medical
   9-64  support under an order issued under Section 14.061, Family Code, or
   9-65  enforceable by a court in this state for either of the following
   9-66  reasons:
   9-67                    (a)  the child does not reside with the group
   9-68  member or insured; or
   9-69                    (b)  the group member or insured does not claim
   9-70  the child as an exemption for federal income tax purposes under
   10-1  Section 151(c)(1)(B), Internal Revenue Code of 1986 (26 U.S.C.
   10-2  Section 151(c)(1)(B)).
   10-3              (2)  A group or individual accident and sickness
   10-4  insurance policy that provides coverage for dependent children of a
   10-5  group member or a person insured under the policy may not exclude
   10-6  from or discontinue coverage or set a different premium for the
   10-7  natural born or adopted child of the spouse of the group member or
   10-8  person insured, provided that the child resides with the group
   10-9  member or person insured.
  10-10              (3)  Other policy provisions relating to maximum
  10-11  limiting attained age and enrollment in school may be used to
  10-12  establish continued eligibility for coverage of a dependent child.
  10-13  In the event of late enrollment, the insurance company may require
  10-14  evidence of insurability satisfactory to the company before
  10-15  inclusion of the dependent child for coverage under the policy.
  10-16        SECTION 1.06.  (a)  This article applies only to an order in
  10-17  a suit affecting the parent-child relationship or reciprocal child
  10-18  support action  entered on or after the effective date of this Act.
  10-19  An order entered before the effective date of this Act is governed
  10-20  by the law in effect on the date the order was entered, and that
  10-21  law is continued in effect for that purpose.
  10-22        (b)  This article applies only to a policy delivered, issued
  10-23  for delivery, or renewed on or after January 1, 1994.  A policy
  10-24  delivered, issued for delivery, or renewed before that date is
  10-25  governed by the law that existed immediately before the effective
  10-26  date of this Act, and that law is continued in effect for that
  10-27  purpose.
  10-28                   ARTICLE 2.  ENFORCEMENT OF CHILD
  10-29                   SUPPORT ORDERS AFFECTING LICENSE
  10-30                       HOLDERS AND MISCELLANEOUS
  10-31                        ENFORCEMENT PROVISIONS
  10-32        SECTION 2.01.  Subchapter B, Chapter 14, Family Code, is
  10-33  amended by adding Sections 14.52 through 14.56 to read as follows:
  10-34        Sec. 14.52.  LICENSE WITHHOLDING AND REVOCATION.  (a)  A
  10-35  child support obligor who is 30 or more days delinquent in
  10-36  providing child support is ineligible to obtain or renew a license
  10-37  issued by a licensing agency.
  10-38        (b)  A licensing agency shall verify that an applicant for a
  10-39  license or license renewal is not 30 or more days delinquent in
  10-40  providing child support by consulting the attorney general's list
  10-41  of delinquent child support obligors provided under Subsection (e)
  10-42  of this section.  If the applicant's name appears on the attorney
  10-43  general's list of delinquent child support obligors, the licensing
  10-44  agency may not grant the applicant a license or license renewal
  10-45  except as provided by Subsection (c) or (d) of this section.
  10-46        (c)  A licensing agency may issue a license or license
  10-47  renewal to an applicant whose name appears on the attorney
  10-48  general's list of delinquent child support obligors if the agency
  10-49  receives a written statement from the attorney general or district
  10-50  attorney, as appropriate, that all child support arrearages have
  10-51  been paid or that a repayment agreement has been approved by the
  10-52  court of continuing jurisdiction.
  10-53        (d)  A licensing agency may issue an applicant whose name
  10-54  appears on the attorney general's list of delinquent child support
  10-55  obligors a license or license renewal that expires 60 days after
  10-56  the date it was issued.  The agency may not issue a license or
  10-57  license renewal more than once under this subsection for each
  10-58  applicant.
  10-59        (e)  The attorney general monthly shall provide to each
  10-60  licensing agency a list of child support obligors who are 30 or
  10-61  more days delinquent in providing child support.
  10-62        (f)  The attorney general, a private attorney representing an
  10-63  obligee, or the obligee may petition a licensing agency for
  10-64  revocation of an obligor's license because of the obligor's child
  10-65  support delinquency.  Not later than the 30th day after the date on
  10-66  which the agency receives the petition, the agency shall convene an
  10-67  administrative hearing to determine if the obligor is 30 or more
  10-68  days delinquent.  After notice and opportunity for hearing, the
  10-69  licensing agency shall revoke the obligor's license unless the
  10-70  obligor provides evidence of full payment of all arrearages or
   11-1  evidence that an agreement to pay arrearages has been approved by
   11-2  the attorney general or the court of continuing jurisdiction.  A
   11-3  licensing agency may not reinstate a license revoked under this
   11-4  subsection unless the obligor provides proof of full payment of all
   11-5  arrearages or proof that an agreement to pay the arrearages has
   11-6  been approved by the attorney general or the court of continuing
   11-7  jurisdiction.
   11-8        (g)  The attorney general shall reimburse a licensing agency
   11-9  for reasonable costs for participating in child support enforcement
  11-10  under this section.
  11-11        (h)  The attorney general shall adopt rules to implement this
  11-12  section.
  11-13        (i)  In this section:
  11-14              (1)  "License" means a permit, certificate, or similar
  11-15  form of permission issued by a licensing agency that is required by
  11-16  law to:
  11-17                    (A)  engage in a profession or occupation;
  11-18                    (B)  operate a vehicle or machinery;
  11-19                    (C)  participate in recreational activity; or
  11-20                    (D)  sell a regulated commodity.
  11-21              (2)  "Licensing agency" means a board, commission,
  11-22  department, or other agency in the executive or judicial branch of
  11-23  state government that issues or renews a license, either directly
  11-24  or through a private entity.
  11-25        Sec. 14.53.  PENALTY FOR FAILURE TO WITHHOLD LICENSE.  (a)  A
  11-26  person commits an offense if the person issues a license or license
  11-27  renewal on behalf of a state licensing agency to an obligor who is
  11-28  30 or more days delinquent in the payment of child support except
  11-29  as provided by Section 14.52(c) or (d) of this code.  An offense
  11-30  under this subsection is punishable by a fine not to exceed $50.
  11-31        (b)  It is a defense to an offense under Subsection (a) of
  11-32  this section that the person attempted to verify whether an
  11-33  applicant for a license owed delinquent child support by consulting
  11-34  the attorney general's list of delinquent child support obligors
  11-35  provided under Section 14.52(e) of this code and the person
  11-36  reasonably believed that the applicant did not owe delinquent child
  11-37  support.
  11-38        Sec. 14.54.  PUBLICATION OF NAMES OF DELINQUENT OBLIGORS.
  11-39  (a)  The attorney general shall, at least annually, publish in
  11-40  newspapers of general circulation throughout the state:
  11-41              (1)  the first and last names of child support obligors
  11-42  who are 30 or more days delinquent in paying child support; and
  11-43              (2)  the amount of the child support arrearage.
  11-44        (b)  The attorney general shall, at least quarterly, publish
  11-45  in newspapers of general circulation throughout the state the first
  11-46  and last names of child support obligors or parents for whom the
  11-47  attorney general is attempting to establish a support order and
  11-48  whom the attorney general cannot locate.
  11-49        Sec. 14.55.  INELIGIBILITY FOR STATE CONTRACTS.  A child
  11-50  support obligor who is 30 or more days delinquent in providing
  11-51  child support is ineligible to submit a bid to provide, or
  11-52  otherwise provide, property, materials, or services under a
  11-53  contract with the state.  If a delinquent obligor is a partner,
  11-54  officer, majority shareholder, or owner of a partnership,
  11-55  corporation, or other entity, the partnership, corporation, or
  11-56  entity is ineligible to bid for or enter into a contract with the
  11-57  state.
  11-58        Sec. 14.56.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS.
  11-59  A child support obligor who is 30 or more days delinquent in paying
  11-60  child support is not eligible to receive a state-funded grant or
  11-61  loan until:
  11-62              (1)  all arrearages have been paid; or
  11-63              (2)  a repayment agreement has been approved by the
  11-64  attorney general or court of continuing jurisdiction.
  11-65        SECTION 2.02.  Subsection (c), Section 14.972, Family Code,
  11-66  is amended to read as follows:
  11-67        (c)  The lien attaches to all personal property not exempt
  11-68  under provisions of the Texas Constitution, including all claims
  11-69  for negligence, personal injury, or workers' compensation,
  11-70  including an insurance award for any of those claims, owned by the
   12-1  obligor on or after the date on which the lien attaches.
   12-2        SECTION 2.03.  Section 76.002, Human Resources Code, is
   12-3  amended by adding Subsection (f) to read as follows:
   12-4        (f)  The attorney general shall report to the legislature
   12-5  each biennium on the effectiveness of the attorney general's child
   12-6  support enforcement activity in reducing the state's public
   12-7  assistance obligations.  The attorney general shall develop a
   12-8  method for estimating the costs and benefits of each child support
   12-9  enforcement measure and the effect of each measure on
  12-10  appropriations for public assistance.
  12-11        SECTION 2.04.  (a)  The change in law made by Section 2.01 of
  12-12  this article relating to withholding a license or license renewal
  12-13  from a delinquent child support obligor applies to the disposition
  12-14  of an application for a license or license renewal on or after the
  12-15  effective date of this Act without regard to whether the obligor
  12-16  applies for the license or license renewal before, on, or after the
  12-17  effective date of this Act.
  12-18        (b)  The change in law made by Section 2.01 of this article
  12-19  relating to the ineligibility of a delinquent child support obligor
  12-20  to bid for a state contract applies to the disposition of a pending
  12-21  bid on or after the effective date of this Act without regard to
  12-22  whether the bid is submitted before, on, or after the effective
  12-23  date of this Act.
  12-24        (c)  The change in law made by Section 2.01 of this article
  12-25  relating to the ineligibility of a delinquent child support obligor
  12-26  to provide property, materials, or services under a contract with
  12-27  the state applies only to a contract award made on or after the
  12-28  effective date of this Act.
  12-29        (d)  The change in law made by Section 2.01 of this article
  12-30  relating to the ineligibility of a delinquent child support obligor
  12-31  to receive a state-funded grant or loan applies only to the
  12-32  disposition of an application for a grant or loan that is made on
  12-33  or after the effective date of this Act.
  12-34          ARTICLE 3.  EFFECTIVE DATE AND EMERGENCY PROVISION
  12-35        SECTION 3.01.  This Act takes effect September 1, 1993.
  12-36        SECTION 3.02.  The importance of this legislation and the
  12-37  crowded condition of the calendars in both houses create an
  12-38  emergency and an imperative public necessity that the
  12-39  constitutional rule requiring bills to be read on three several
  12-40  days in each house be suspended, and this rule is hereby suspended.
  12-41                               * * * * *
  12-42                                                         Austin,
  12-43  Texas
  12-44                                                         March 1, 1993
  12-45  Hon. Bob Bullock
  12-46  President of the Senate
  12-47  Sir:
  12-48  We, your Committee on State Affairs to which was referred S.B. No.
  12-49  84, have had the same under consideration, and I am instructed to
  12-50  report it back to the Senate with the recommendation that it do
  12-51  pass, as amended, and be printed.
  12-52                                                         Harris of
  12-53  Dallas, Chairman
  12-54                               * * * * *
  12-55                               WITNESSES
  12-56                                                  FOR   AGAINST  ON
  12-57  ___________________________________________________________________
  12-58  Name:  Ray Bonilla                                             x
  12-59  Representing:  Comptroller's Office
  12-60  City:  Austin
  12-61  -------------------------------------------------------------------
  12-62  Name:  Bee Moorhead                                            x
  12-63  Representing:  Comptroller's Office
  12-64  City:  Austin
  12-65  -------------------------------------------------------------------
  12-66  Name:  Cecelia Burke                                           x
  12-67  Representing:  Tx Attorney General
  12-68  City:  Austin
  12-69  -------------------------------------------------------------------
  12-70  Name:  Alan Pollack                                            x
   13-1  Representing:  Tx Performance Review
   13-2  City:  Austin
   13-3  -------------------------------------------------------------------
   13-4  Name:  Thomas Plant                                            x
   13-5  Representing:  Comptroller's Office
   13-6  City:  Austin
   13-7  -------------------------------------------------------------------
   13-8  Name:  Vicki Tynan                                             x
   13-9  Representing:  Comptroller's Office
  13-10  City:  Austin
  13-11  -------------------------------------------------------------------
  13-12  Name:  Tom Blanton
  13-13  Representing:  Tx Automobile Dealers Assoc
  13-14  City:  Austin
  13-15  -------------------------------------------------------------------
  13-16  Name:  Howard Baldwin                                          x
  13-17  Representing:  Office of the Attorney
  13-18      General
  13-19  City:  Austin
  13-20  -------------------------------------------------------------------