By:  Rosson, Carriker, West                            S.B. No. 229
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the administration of a statewide plan for child
    1-2  support by the attorney general's office.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivision (4), Section 14.80, Family Code, is
    1-5  amended to read as follows:
    1-6              (4)  "Child support services" means administrative or
    1-7  court actions to:
    1-8                    (A)  establish paternity, establish, modify, or
    1-9  enforce child support or medical support obligations;
   1-10                    (B)  locate absent parents; or
   1-11                    (C)  cooperate with other states in these
   1-12  actions, and any other action authorized or <as> required under
   1-13  Part D of Title IV of the federal Social Security Act (42 U.S.C.
   1-14  Section 651 et seq.) or Chapter 76, Human Resources Code.
   1-15        SECTION 2.  Subchapter D, Chapter 14, Family Code, is amended
   1-16  by adding Sections 14.801 through 14.809 to read as follows:
   1-17        Sec. 14.801.  ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
   1-18  NOT APPLICABLE.  The child support review process provided for in
   1-19  this subchapter is not governed by the Administrative Procedure and
   1-20  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   1-21  Statutes).
   1-22        Sec. 14.802.  CHILD SUPPORT REVIEW PROCESS:  PURPOSE; GENERAL
   1-23  PROVISIONS.  (a)  The purpose of the child support review process
   1-24  authorized by this subchapter is to provide child support agencies
    2-1  an opportunity to resolve child support actions through negotiation
    2-2  and by agreement of the parties.  To the greatest extent permitted
    2-3  by this subchapter child support agencies shall make the child
    2-4  support review process understandable to all parties and shall
    2-5  encourage agreement through mediation.
    2-6        (b)  An administrative action under this subchapter may be
    2-7  initiated by a child support agency by the issuance of a notice of
    2-8  child support review under Section 14.803 of this code.
    2-9        (c)  A child support agency may issue an administrative
   2-10  subpoena to a parent or to a person presumed or alleged to be the
   2-11  father of a child for whom support is sought or to any individual
   2-12  or organization believed to have information concerning the
   2-13  financial resources of the parent or presumed or alleged father of
   2-14  a child for whom support is sought in a child support review under
   2-15  this subchapter.
   2-16        (d)  "Child support review officer" means an individual
   2-17  designated by a child support agency to conduct reviews under this
   2-18  subchapter who has received certified family law mediation
   2-19  training.
   2-20        (e)  To determine the appropriate amount of child support, a
   2-21  child support agency shall use any information obtained by the
   2-22  child support agency through a child support review or any other
   2-23  source in applying the child support guidelines in this code.  If
   2-24  the child support agency determines that the support amount in an
   2-25  existing child support order is not in substantial compliance with
   2-26  the guidelines, the child support agency shall issue an appropriate
   2-27  child support review order, including a review order which has the
    3-1  effect of modifying an existing order for child support
    3-2  notwithstanding the provisions of Section 14.08 of this code
    3-3  without the necessity of filing a motion to modify.
    3-4        (f)  A notice required under this subchapter must be
    3-5  delivered or served by first class mail or certified mail on each
    3-6  party entitled to citation or notice under Section 11.09 of this
    3-7  code.
    3-8        (g)  If notice is served by mail in a child support review
    3-9  under this subchapter, three days must be added to both the time in
   3-10  which the person is required to respond and the time by which the
   3-11  person is entitled to notification of a negotiation conference.
   3-12        (h)  All notices and other forms required to implement the
   3-13  child support review process shall be printed in both Spanish and
   3-14  English.  In the event that a party participating in a negotiation
   3-15  conference conducted pursuant to Section 14.804 of this code does
   3-16  not speak English or is hearing impaired, the child support agency
   3-17  shall provide for interpreter services at no charge to the parties.
   3-18        Sec. 14.803.  NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
   3-19  FINANCIAL RESOURCES.  (a)  A child support agency may review and
   3-20  assess the financial resources of the child's parents or of a
   3-21  person presumed or alleged to be the child's father from whom child
   3-22  support is sought to determine the resources that are available for
   3-23  the support of the child and to determine what action is
   3-24  appropriate.  The child support agency shall notify the parents and
   3-25  the presumed or alleged father of a child support review by
   3-26  delivering to each person a notice of child support review.
   3-27        (b)  The notice of child support review must:
    4-1              (1)  describe the procedure for a child support review;
    4-2              (2)  inform the recipient that the recipient need not
    4-3  participate in the child support review but may request a court
    4-4  hearing and may be represented by legal counsel during the review
    4-5  process or at any court hearings;
    4-6              (3)  inform the recipient that the recipient may stop
    4-7  participating in the child support review during any stage of the
    4-8  review but that the review will continue to completion and that if
    4-9  a child support review order is issued any recipient may request a
   4-10  court hearing;
   4-11              (4)  include an affidavit of financial resources; and
   4-12              (5)  include a request that the recipient designate, on
   4-13  a form provided by the child support agency, an address for mailing
   4-14  any additional notice to the recipient.
   4-15        (c)  In addition to the information required by Subsection
   4-16  (b) of this section, the notice of child support review must inform
   4-17  the recipient that:
   4-18              (1)  the requested information must be returned to the
   4-19  child support agency not later than the 15th day after the date the
   4-20  notice is delivered or served; and
   4-21              (2)  if the requested information is not returned as
   4-22  required, the child support agency:
   4-23                    (A)  may proceed with the review using any
   4-24  information that is available to the agency; and
   4-25                    (B)  may file a legal action without further
   4-26  notice to the recipient, except as otherwise required by law.
   4-27        Sec. 14.804.  NEGOTIATION CONFERENCE.  (a)  A person who
    5-1  receives a notice of child support review and who completes an
    5-2  affidavit of financial resources may request, at the time the
    5-3  affidavit of financial resources is returned, a negotiation
    5-4  conference in an effort to reach an agreement.  The child support
    5-5  agency may schedule a negotiation conference even though no party
    5-6  requested one.
    5-7        (b)  A negotiation conference under this section shall be
    5-8  held not later than the 45th day after the date all notices of
    5-9  child support review were sent to the parties to the action.
   5-10        (c)  All parties entitled to notice of the negotiation
   5-11  conference shall be notified of the date, time, and place of the
   5-12  negotiation conference not later than the 10th day before the date
   5-13  of the negotiation conference.
   5-14        (d)  A negotiation conference may be rescheduled on the
   5-15  request of any party and all parties must be given timely notice of
   5-16  such rescheduling.  All parties shall be sent notice not later than
   5-17  the third day before the date of the rescheduled negotiation
   5-18  conference.
   5-19        (e)  At the beginning of the negotiation conference the
   5-20  review officer shall inform all parties in attendance that:
   5-21              (1)  the purpose of the negotiation conference is to
   5-22  attempt to reach an agreement regarding child support payments;
   5-23              (2)  the parties do not have to participate in the
   5-24  negotiation conference and may request a court hearing;
   5-25              (3)  the parties may be represented by an attorney of
   5-26  their choosing at the negotiation conference or at any court
   5-27  hearing;
    6-1              (4)  the parties may stop participating in the
    6-2  negotiation conference at any time but the child support review
    6-3  will continue until completed, and, if a child support review order
    6-4  is issued, the parties may request a court hearing;
    6-5              (5)  if the parties reach an agreement the review
    6-6  officer will prepare an agreed review order for their signatures;
    6-7              (6)  the parties do not have to sign any review order
    6-8  prepared by the review officer; and
    6-9              (7)  if the parties sign an agreed review order they
   6-10  may later change their minds and request a court hearing at any
   6-11  time before a court confirms the child support review order.
   6-12        (f)  For the purposes of this subchapter, any written
   6-13  affidavits, written findings, and the child support review order
   6-14  that results from a negotiation conference are a sufficient record
   6-15  of the proceedings.  A child support agency is not required to make
   6-16  any other record or transcript of the negotiation conference.
   6-17        (g)  If a negotiation conference results in an agreement by
   6-18  all parties, a child support review order must be signed by all
   6-19  parties to the action, and the order must contain:
   6-20              (1)  a waiver by each party of the right to service and
   6-21  of the right to a court hearing and the making of a record;
   6-22              (2)  the mailing address of each party; and
   6-23              (3)  the following statement printed on the order in
   6-24  boldfaced type or in all capital letters:
   6-25        "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED CHILD
   6-26        SUPPORT REVIEW ORDER.  I KNOW THAT I HAVE A RIGHT TO
   6-27        HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
    7-1        MATTER BUT IF I SIGN THIS ORDER, I LOSE THAT RIGHT.  I
    7-2        KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND WITHDRAW
    7-3        MY AGREEMENT TO THE TERMS OF THIS ORDER AND REQUEST
    7-4        THAT A COURT DECIDE THIS MATTER BY FILING A REQUEST FOR
    7-5        COURT HEARING AT ANY TIME BEFORE THE 20TH DAY AFTER THE
    7-6        DATE THAT THE PETITION FOR CONFIRMATION OF THE ORDER IS
    7-7        FILED WITH THE CLERK OF THE COURT.  I KNOW THAT IF I
    7-8        FAIL TO FILE A REQUEST FOR A COURT HEARING THAT A COURT
    7-9        MAY CONFIRM AND APPROVE THIS ORDER AND IT WILL BECOME A
   7-10        VALID COURT ORDER.  I KNOW THAT IF I DO NOT OBEY THE
   7-11        TERMS OF THIS ORDER THAT I MAY BE HELD IN CONTEMPT OF
   7-12        COURT."
   7-13        (h)  If the negotiation conference does not result in an
   7-14  agreed child support review order, not later than the fifth day
   7-15  after the date of the negotiation conference, the review officer
   7-16  shall issue and sign a final decision in the form of a child
   7-17  support review order unless the review officer provides specific
   7-18  reasons why a child support review order cannot be issued.
   7-19        (i)  On the day that a child support review order is issued
   7-20  or if a determination is made that no child support review order
   7-21  will be issued, each party to a child support review proceeding
   7-22  shall be furnished by hand delivery or by mail a copy of the order
   7-23  or the notice of determination that no order will be issued.
   7-24        (j)  A finding by the review officer that a child support
   7-25  review order is not appropriate does not affect the right of the
   7-26  child support agency or any other party to proceed in any manner
   7-27  provided by law.
    8-1        (k)  The review officer may vacate a child support review
    8-2  order on the officer's own motion any time before the order is
    8-3  filed with the court.  A new negotiation conference, with notice to
    8-4  all parties, shall be scheduled to take place not later than the
    8-5  10th day after the date the child support review order was vacated.
    8-6        Sec. 14.805.  CONTENTS OF CHILD SUPPORT REVIEW ORDER.  A
    8-7  child support review order under this subchapter must contain all
    8-8  provisions that are appropriate for an order under this title.  A
    8-9  child support review order may contain other provisions for the
   8-10  establishment, modification, or enforcement of a child support or
   8-11  medical support order and for the establishment of paternity.  A
   8-12  child support review order providing for the enforcement of an
   8-13  order may not contain a provision which imposes incarceration or a
   8-14  fine or contains a finding of contempt.
   8-15        Sec. 14.806.  PETITION FOR CONFIRMATION OF CHILD SUPPORT
   8-16  REVIEW ORDER; DUTIES OF CLERK OF COURT.   (a)  The child support
   8-17  agency shall file any petition of confirmation with the clerk of
   8-18  the court having continuing jurisdiction of the child who is the
   8-19  subject of the order.  If no court has continuing jurisdiction, the
   8-20  child support agency shall file the petition for confirmation with
   8-21  the clerk of a court having jurisdiction under this title.
   8-22        (b)  A petition for confirmation must include as attachments
   8-23  to the petition the final child support review order and a form for
   8-24  a party to use to request a court hearing.  Each affidavit of
   8-25  financial resources that was completed by a party to the order and
   8-26  any other documentary evidence relied on by the child support
   8-27  agency, including a verified written report of a paternity testing
    9-1  expert concerning the results of paternity testing conducted in the
    9-2  case or a statement of paternity, shall be filed with the clerk as
    9-3  exhibits for the petition.  The petition must identify the exhibits
    9-4  that are filed with the clerk.
    9-5        (c)  On the filing of a petition under this section, the
    9-6  clerk of the court shall endorse on the petition the date and time
    9-7  that the petition is filed and sign the endorsement.  If the
    9-8  petition is for an original action, the clerk shall endorse the
    9-9  appropriate court and cause number on the petition.  If the
   9-10  petition is to confirm an agreed child support review order under
   9-11  this subchapter, the clerk shall mail to each party, at the address
   9-12  shown on the order, a copy of the petition and written notice of
   9-13  the filing of the petition stating the court and cause number of
   9-14  the case.  The clerk shall note on the docket that the notice was
   9-15  mailed.  If the petition is to confirm an order other than an
   9-16  agreed order, the clerk shall issue service of citation, including
   9-17  a copy of the petition and the child support review order, to each
   9-18  party entitled to service.
   9-19        (d)  A clerk of the court is entitled to collect a fee for
   9-20  the filing of a petition under this section as provided by Section
   9-21  51.317(b)(1), Government Code, a fee for the issuance of notice or
   9-22  process as provided by Section 51.317(b)(4), Government Code, and a
   9-23  fee for service of notice or citation as provided by Section
   9-24  51.319(4), Government Code, or as otherwise provided by law.
   9-25        (e)  In addition to attaching a copy of a form to request a
   9-26  court hearing to each party's copy of the petition for confirmation
   9-27  of child support review order, the child support agency shall make
   10-1  available to the clerk of court and, on request, shall make
   10-2  available to a party to the child support review proceeding a form
   10-3  to request a court hearing.  The clerk shall furnish the form to a
   10-4  party to a proceeding under this section on the request of the
   10-5  party.  A court shall consider any responsive pleading filed under
   10-6  this section that is intended as an objection to confirmation of a
   10-7  child support review order, including a general denial, as a
   10-8  request for court hearing.
   10-9        Sec. 14.807.  CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
  10-10  (a)  All proceedings resulting from a child support review shall be
  10-11  referred by the court to the master appointed under this
  10-12  subchapter, or, if no such master has been appointed, the judge of
  10-13  the court shall preside over such proceedings.
  10-14        (b)  Not later than the 30th day after the date a petition
  10-15  for confirmation of an agreed child support review order is filed,
  10-16  the court shall confirm the terms and provisions of the order by
  10-17  signing a confirmation order unless a request for court hearing is
  10-18  timely filed or the court sets a hearing as provided by Subsection
  10-19  (d) of this section.
  10-20        (c)  Not later than the 30th day after the date of service on
  10-21  the last party to be served with citation of a petition for
  10-22  confirmation for a child support review order other than an agreed
  10-23  child support review order, the court shall confirm the terms and
  10-24  provisions of the order by signing a confirmation order unless a
  10-25  request for court hearing is timely filed or the court sets a
  10-26  hearing as provided by Subsection (d) of this section.
  10-27        (d)  If the court finds that confirmation of a child support
   11-1  review order without a hearing would not be in the best interest of
   11-2  a child who is the subject of the order, the court may stay
   11-3  confirmation of the order and schedule a hearing.  The order
   11-4  setting the hearing on the confirmation of the order must state the
   11-5  court's specific reasons for conducting the hearing.
   11-6        (e)  A party may file a request for court hearing not later
   11-7  than the 20th day after the date the petition for confirmation of
   11-8  an agreed child support review order is filed or, if the petition
   11-9  is to confirm an order other than an agreed order, not later than
  11-10  the Monday following the 20th day after the date the party received
  11-11  service of citation.
  11-12        (f)  On the timely filing of a request for court hearing, all
  11-13  issues in the child support review order shall be heard in a de
  11-14  novo hearing before the court.  The petition for confirmation and
  11-15  the child support review order constitute a sufficient pleading for
  11-16  relief on any issue addressed in the petition and order.
  11-17        (g)  A court shall hold a hearing on the confirmation of a
  11-18  child support review order not later than the 30th day after the
  11-19  date the court determines that a hearing should be held or a party
  11-20  files a request for court hearing.
  11-21        (h)  After the hearing on the confirmation of a child support
  11-22  review order, the court shall:
  11-23              (1)  if the court finds that the order should be
  11-24  confirmed, immediately sign a confirmation order and render the
  11-25  order as an order of the court;
  11-26              (2)  if the court finds that the relief granted in the
  11-27  child support review order is inappropriate, sign an appropriate
   12-1  order at the conclusion of the hearing or as soon after the
   12-2  conclusion of the hearing as is practical and render the order as
   12-3  an order of the court; or
   12-4              (3)  if the court finds that all relief should be
   12-5  denied, render an order that denies relief and includes specific
   12-6  findings explaining the reasons that relief is denied.
   12-7        (i)  On the signing of a confirmation order by the judge of
   12-8  the court, the child support review order becomes a final judgment
   12-9  of the court.
  12-10        Sec. 14.808.  SPECIAL CHILD SUPPORT REVIEW PROCEDURES
  12-11  RELATING TO ESTABLISHMENT OF PATERNITY.  (a)  If the paternity of a
  12-12  child has not been established by court order, the notice of child
  12-13  support review served on the parties must include an allegation
  12-14  that the alleged father is the biological father of the child.  The
  12-15  notice shall inform the parties that the alleged father of the
  12-16  child may sign a statement of paternity and that any party may
  12-17  request that scientifically accepted paternity testing be conducted
  12-18  to assist in determining whether the alleged father is the child's
  12-19  biological father.
  12-20        (b)  A negotiation conference shall be conducted to resolve
  12-21  any issues of support in an action in which all parties agree that
  12-22  the alleged father is the child's biological father.
  12-23        (c)  If a party denies that the alleged father is the child's
  12-24  biological father or, in the case of a presumed father, if either
  12-25  party files a verified denial of paternity, the child support
  12-26  agency may schedule paternity testing.
  12-27        (d)  If paternity testing does not exclude the alleged father
   13-1  from being the child's biological father and a party continues to
   13-2  deny that the alleged father is the child's biological father, the
   13-3  child support agency may schedule a negotiation conference as
   13-4  provided by this subchapter.  If the results of a verified written
   13-5  report of a paternity testing expert meet the requirements of
   13-6  Section 13.04 of this code for issuing a temporary order, the child
   13-7  support agency may issue a child support review order.
   13-8        (e)  If the results of paternity testing exclude the alleged
   13-9  or presumed father from being the biological father of the child,
  13-10  the child support agency shall issue a child support review order
  13-11  that declares that the alleged or presumed father is not the father
  13-12  of the child.  Any party may file a petition for confirmation of a
  13-13  child support review order issued under this subsection.
  13-14        Sec. 14.809.  EXPIRATION.  Sections 14.801 through 14.809 of
  13-15  this subchapter expire September 1, 1997.
  13-16        SECTION 3.  Sections 14.871, 14.872, 14.873, 14.874, 14.875,
  13-17  and 14.876, Family Code, are repealed.
  13-18        SECTION 4.  (a)  This Act takes effect January 1, 1994.
  13-19        (b)  This Act applies to a suit or notice of child support
  13-20  review filed or administrative proceeding initiated on or after the
  13-21  effective date of this Act.  A suit or notice of child support
  13-22  review filed or administrative proceeding initiated before the
  13-23  effective date is governed by the law in effect on that date, and
  13-24  the former law is continued in effect for that purpose.
  13-25        SECTION 5.  The importance of this legislation and the
  13-26  crowded condition of the calendars in both houses create an
  13-27  emergency and an imperative public necessity that the
   14-1  constitutional rule requiring bills to be read on three several
   14-2  days in each house be suspended, and this rule is hereby suspended.