By:  Rosson                                            S.B. No. 229
       73R2025 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the administration of a statewide plan for child
    1-3  support by the attorney general's office.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The title of Subchapter D, Chapter 14, Family
    1-6  Code, is amended to read as follows:
    1-7         SUBCHAPTER D.  EXPEDITED JUDICIAL AND ADMINISTRATIVE
    1-8          PROCESSES <PROCESS TO ESTABLISH OR ENFORCE SUPPORT
    1-9              OBLIGATIONS; COOPERATION WITH OTHER STATES
   1-10                         IN TITLE IV-D CASES>
   1-11        SECTION 2.  Sections 14.80(2), (3), (4), and (5), Family
   1-12  Code, are amended to read as follows:
   1-13              (2)  "Title IV-D case" means a judicial <an> action
   1-14  brought by the attorney general to establish or enforce support
   1-15  obligations brought under Part D of Title IV of the federal Social
   1-16  Security Act (42 U.S.C. Section 651 et seq.).
   1-17              (3)  "Child support agency" means:
   1-18                    (A)  the attorney general;
   1-19                    (B)  a law enforcement officer, a county or
   1-20  district attorney, domestic relations office, or any other county
   1-21  <officer or county> agency that executes a cooperative agreement
   1-22  with the attorney general to provide child support services under
   1-23  Chapter 76, Human Resources Code, and Part D of Title IV of the
   1-24  federal Social Security Act (42 U.S.C. 651 et seq.); or
    2-1                    (C)  a domestic relations office that has not
    2-2  executed the cooperative agreement with the attorney general to
    2-3  provide child support services under Chapter 76, Human Resources
    2-4  Code, and Part D of Title IV of the federal Social Security Act (42
    2-5  U.S.C. Section 651 et seq.) but is otherwise authorized by law to
    2-6  provide child support services.
    2-7              (4)  "Child support services" means an action
    2-8  authorized or <administrative or court actions to:>
    2-9                    <(A)  establish or enforce child support or
   2-10  medical support obligations;>
   2-11                    <(B)  locate absent parents; or>
   2-12                    <(C)  cooperate with other states in these
   2-13  actions as> required under Part D of Title IV of the federal Social
   2-14  Security Act (42 U.S.C. Section 651 et seq.) or Chapter 76, Human
   2-15  Resources Code performed by the attorney general or a domestic
   2-16  relations office.
   2-17              (5)  "Hearing officer" <"Medical support"> means an
   2-18  individual designated by a child support agency to conduct hearings
   2-19  under this subchapter <periodic payments or a lump-sum payment made
   2-20  under a court order to cover medical expenses, including health
   2-21  insurance coverage, incurred for the benefit of a child>.
   2-22        SECTION 3.  Subchapter D, Chapter 14, Family Code, is amended
   2-23  by adding Sections 14.801-14.808 to read as follows:
   2-24        Sec. 14.801.  ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
   2-25  NOT APPLICABLE.  An administrative proceeding for child support
   2-26  services under this subchapter is not governed by the
   2-27  Administrative Procedure and Texas Register Act (Article 6252-13a,
    3-1  Vernon's Texas Civil Statutes).
    3-2        Sec. 14.802.  ADMINISTRATIVE PROCEEDINGS:  GENERAL
    3-3  PROVISIONS.  (a)  An administrative action under this subchapter
    3-4  may be initiated by the issuance of a notice of investigation under
    3-5  Section 14.803 of this code by a child support agency.
    3-6        (b)  A child support agency may issue an administrative
    3-7  subpoena to any individual or organization in an administrative
    3-8  proceeding under this subchapter.
    3-9        (c)  To determine the appropriate amount of child support, a
   3-10  child support agency shall use the child support guidelines in this
   3-11  code as well as any information obtained by the child support
   3-12  agency through a notice of investigation or any other source.
   3-13        (d)  A notice required in an administrative action under this
   3-14  subchapter must be delivered or served by first class mail or
   3-15  certified mail on each party entitled to citation or notice under
   3-16  Section 11.09 of this code.
   3-17        (e)  If notice is served by mail in an administrative action
   3-18  under this subchapter, three days must be added to both the time in
   3-19  which the person is required to respond and the time by which the
   3-20  person is entitled to notification of a hearing.
   3-21        Sec. 14.803.  NOTICE OF INVESTIGATION; ASSESSMENT OF
   3-22  FINANCIAL RESOURCES.  (a)  A child support agency shall investigate
   3-23  the financial resources of the child's parents or of a person
   3-24  presumed or alleged to be the child's father from whom child
   3-25  support is sought to determine the resources that are available for
   3-26  the support of the child.  The child support agency shall notify
   3-27  the parents of a child and the presumed or alleged father of a
    4-1  child of an investigation under this subsection by delivering to
    4-2  the person a notice of investigation.
    4-3        (b)  The notice of investigation must:
    4-4              (1)  describe the general nature of the investigation;
    4-5              (2)  inform the recipient that the recipient may be
    4-6  represented by legal counsel;
    4-7              (3)  include an affidavit of financial resources; and
    4-8              (4)  include a request that the recipient designate, on
    4-9  a form provided by the child support agency, an address for mailing
   4-10  any additional notice to the recipient.
   4-11        (c)  In addition to the information required by Subsection
   4-12  (b) of this section, the notice of investigation must inform the
   4-13  recipient that:
   4-14              (1)  the information requested on the form must be
   4-15  returned to the child support agency not later than the 15th day
   4-16  after the date the notice is received or delivered; and
   4-17              (2)  if the requested information is not returned as
   4-18  required, the child support agency:
   4-19                    (A)  may proceed in the action with the
   4-20  information that is available to the agency; and
   4-21                    (B)  may file a legal action without further
   4-22  notice to the recipient.
   4-23        Sec. 14.804.  ADMINISTRATIVE HEARING.  (a)  A person who
   4-24  receives a notice of investigation and who completes an affidavit
   4-25  of financial resources may request, at the time the affidavit of
   4-26  financial resources is returned, an administrative hearing relating
   4-27  to the issues raised by the notice.  An administrative hearing may
    5-1  be scheduled by the child support agency without regard to whether
    5-2  a hearing is requested by any party.
    5-3        (b)  A hearing under this section shall be held not later
    5-4  than the 45th day after the date that all notices of investigation
    5-5  have been sent to the parties to the action.
    5-6        (c)  All parties entitled to notice of the hearing shall be
    5-7  notified of the date, time, and place of the hearing not later than
    5-8  the 10th day before the date of the hearing.
    5-9        (d)  An administrative hearing may be rescheduled on the
   5-10  request of any party.  All parties shall be sent notice not later
   5-11  than the third day before the date of the rescheduled hearing.
   5-12        (e)  For the purposes of this subchapter, testimony in the
   5-13  form of a written affidavit, the written findings, and the
   5-14  administrative order that results from an administrative hearing
   5-15  are a sufficient record of the proceedings of the hearing.  A
   5-16  record or transcript of the hearing is not required.
   5-17        (f)  Not later than the fifth day after the date of the
   5-18  hearing, the hearing officer shall issue a final decision in the
   5-19  form of an administrative order unless the hearing officer provides
   5-20  specific reasons why an administrative order cannot be issued.  An
   5-21  administrative order is issued when the order is signed by the
   5-22  hearing officer.  A finding by the hearing officer that an
   5-23  administrative order is not appropriate does not affect the right
   5-24  of the child support agency or any other party to proceed in any
   5-25  manner provided by law.
   5-26        (g)  If an administrative hearing results in an agreement by
   5-27  all parties on the contents of an administrative order, the order
    6-1  must be signed by all parties to the action and must contain:
    6-2              (1)  a waiver by each party of the right to service and
    6-3  of the right to a court hearing and the making of a record;
    6-4              (2)  the mailing address of each party; and
    6-5              (3)  the following statement printed on the order in
    6-6  boldfaced type or in all capital letters:
    6-7        "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED
    6-8        ADMINISTRATIVE ORDER.  I KNOW THAT I HAVE A RIGHT TO
    6-9        HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
   6-10        MATTER BUT IF I SIGN THIS ORDER, I LOSE THAT RIGHT.  I
   6-11        KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND WITHDRAW
   6-12        MY AGREEMENT TO THE TERMS OF THIS ORDER BY FILING A
   6-13        MOTION TO STAY CONFIRMATION OF ADMINISTRATIVE ORDER AT
   6-14        ANY TIME BEFORE THE 20TH DAY AFTER THE DATE THE ORDER
   6-15        IS ISSUED."
   6-16        (h)  Each party to an administrative proceeding shall be sent
   6-17  notice on the day an administrative order is issued or the
   6-18  determination is made that an administrative order will not be
   6-19  issued.
   6-20        (i)  The hearing officer may vacate an administrative order
   6-21  on the officer's own motion or on the request of any party at any
   6-22  time before the order is filed with the court.  A new hearing, with
   6-23  notice to all parties, shall be scheduled to take place before the
   6-24  hearing officer not later than the 10th day after the date the
   6-25  administrative order was vacated.
   6-26        Sec. 14.805.  CONTENTS OF ADMINISTRATIVE ORDER.  An
   6-27  administrative order under this subchapter must contain all
    7-1  provisions that are appropriate for an order under this title.
    7-2        Sec. 14.806.  PETITION FOR CONFIRMATION OF ADMINISTRATIVE
    7-3  ORDER; DUTIES OF CLERK OF COURT.  (a)  Not later than the 20th day
    7-4  after the date a final administrative order is issued, the child
    7-5  support agency shall file a petition of confirmation with the clerk
    7-6  of the court having continuing jurisdiction of the child who is the
    7-7  subject of the order.  If there is not a court that has continuing
    7-8  jurisdiction, the child support agency shall file the petition for
    7-9  confirmation with the clerk of a court having jurisdiction under
   7-10  this title.
   7-11        (b)  A petition for confirmation must include the final
   7-12  administrative order as an attachment to the petition.  Each
   7-13  affidavit of financial resources for a party to the order that was
   7-14  completed by the party and any other documentary evidence relied on
   7-15  by the child support agency, including a verified written report of
   7-16  a paternity testing expert concerning the results of paternity
   7-17  testing conducted in the case or a statement of paternity, shall be
   7-18  filed with the clerk as exhibits to the petition.  The petition
   7-19  must identify the exhibits that are filed with the clerk.
   7-20        (c)  On the filing of a petition under this section, the
   7-21  clerk of court shall endorse on the petition the date and time that
   7-22  the petition is filed and sign the endorsement.  If the petition is
   7-23  for an original action, the clerk shall endorse the appropriate
   7-24  court and cause number on the petition.  If the petition is to
   7-25  confirm an agreed administrative order under this subchapter, the
   7-26  clerk shall mail to each party, at the address shown on the order,
   7-27  a copy of the petition and written notice of the filing of the
    8-1  petition that states the court and cause number of the case.  The
    8-2  clerk shall note on the docket that the notice was mailed.  If the
    8-3  petition is to confirm an order other than an agreed order, the
    8-4  clerk shall issue service of citation, including a copy of the
    8-5  petition and the administrative order, to each party entitled to
    8-6  service.
    8-7        (d)  A clerk of a district court is entitled to collect a fee
    8-8  for the filing of a petition under this section as provided by
    8-9  Section 51.317(b)(1), Government Code, and a fee for the issuance
   8-10  of notice or process as provided by Section 51.317(b)(4),
   8-11  Government Code.
   8-12        (e)  The child support agency shall make available to the
   8-13  clerk of court and to a party to the administrative proceeding on
   8-14  the party's request a form for a motion to stay confirmation of an
   8-15  administrative order.  The clerk shall furnish the form to a party
   8-16  to a proceeding under this section on the request of the party.  A
   8-17  court shall consider any responsive pleading filed under this
   8-18  section that is intended as an objection to confirmation of an
   8-19  administrative order, including a general denial, a motion to stay
   8-20  confirmation of the administrative order.
   8-21        Sec. 14.807.  CONFIRMATION OF ADMINISTRATIVE ORDER.  (a)  Not
   8-22  later than the 30th day after the date a petition for confirmation
   8-23  of an agreed administrative order is filed, the court shall confirm
   8-24  the terms and provisions of the order by signing a confirmation
   8-25  order unless a motion to stay is timely filed or the court sets a
   8-26  hearing as provided by Subsection (c) of this section.
   8-27        (b)  Not later than the 30th day after the date of service on
    9-1  the last party to be served with citation of a petition for
    9-2  confirmation for an administrative order other than an agreed
    9-3  administrative order, the court shall confirm the terms and
    9-4  provisions of the order by signing a confirmation order unless a
    9-5  motion to stay is timely filed or the court sets a hearing as
    9-6  provided by Subsection (c) of this section.
    9-7        (c)  If the court finds that confirmation of an
    9-8  administrative order without a hearing would not be in the best
    9-9  interests of a child who is the subject of the order, the court may
   9-10  stay confirmation of the order and schedule a hearing.  The order
   9-11  setting the hearing on the confirmation of the order must state the
   9-12  court's specific reasons for conducting the hearing.
   9-13        (d)  A party may file a motion to stay the confirmation of an
   9-14  administrative order and to conduct a hearing on the confirmation
   9-15  not later than the 20th day after the date the petition for
   9-16  confirmation of an agreed administrative order is filed or not
   9-17  later than the Monday following the 20th day after the date the
   9-18  party received service of citation in a case involving the
   9-19  confirmation of any other type of administrative order.
   9-20        (e)  On the timely filing of a motion to stay confirmation of
   9-21  an administrative order, all issues in the administrative order
   9-22  shall be heard in a de novo hearing before the court.  The petition
   9-23  for confirmation and the administrative order constitute a
   9-24  sufficient pleading for relief on any issue addressed in the
   9-25  petition and order.
   9-26        (f)  A court shall hold a hearing on the confirmation of an
   9-27  administrative order not later than the 30th day after the date the
   10-1  court determines that a hearing should be held or a party files a
   10-2  motion to stay.
   10-3        (g)  After the hearing on the confirmation of an
   10-4  administrative order, the court shall:
   10-5              (1)  if the court finds that the order should be
   10-6  confirmed, immediately sign a confirmation order and enter the
   10-7  order as an order of the court;
   10-8              (2)  if the court finds that the relief granted in the
   10-9  administrative order is inappropriate, sign an appropriate order at
  10-10  the conclusion of the hearing or as soon after the conclusion of
  10-11  the hearing as is practical and enter the order as an order of the
  10-12  court; or
  10-13              (3)  if the court finds that all relief should be
  10-14  denied, enter an order that denies relief and includes specific
  10-15  findings explaining the reasons that relief is denied.
  10-16        (h)  On the signing of a confirmation order by the court, the
  10-17  administrative order becomes a final judgment of the court.
  10-18        Sec. 14.808.  SPECIAL ADMINISTRATIVE PROCEDURES RELATING TO
  10-19  ESTABLISHMENT OF PATERNITY.  (a)  If the paternity of a child has
  10-20  not been established by court order, the notice of investigation
  10-21  served on the parties must include an allegation that the alleged
  10-22  father is the biological father of the child.  The notice shall
  10-23  inform the parties that the alleged father of the child may sign a
  10-24  statement of paternity and that any party may request that
  10-25  scientifically accepted paternity testing be conducted to assist in
  10-26  determining whether the alleged father is the child's father.
  10-27        (b)  An administrative hearing shall be conducted to resolve
   11-1  any issues of support in an action in which all parties agree that
   11-2  the alleged father is the child's biological father.
   11-3        (c)  If a party denies that the alleged father is the child's
   11-4  biological father or, in the case of a presumed father, if either
   11-5  party files a verified denial of paternity, the child support
   11-6  agency may schedule paternity testing.
   11-7        (d)  If paternity testing does not exclude the alleged father
   11-8  from being the child's father and a party continues to deny that
   11-9  the alleged father is the child's biological father, the child
  11-10  support agency may schedule an administrative hearing as provided
  11-11  by this subchapter.  If the results of a verified written report of
  11-12  a paternity testing expert meet the requirements of Section 13.04
  11-13  of this code for issuing a temporary order, the child support
  11-14  agency may issue an administrative order.
  11-15        (e)  If the results of paternity testing exclude the alleged
  11-16  or presumed father from being the biological father of the child,
  11-17  the child support agency shall issue an administrative order that
  11-18  declares that the alleged or presumed father is not the father of
  11-19  the child.  Any party may file a petition for confirmation of an
  11-20  administrative order issued under this subsection.
  11-21        SECTION 4.  Sections 14.871, 14.872, 14.873, 14.874, 14.875,
  11-22  and 14.876, Family Code, are repealed.
  11-23        SECTION 5.  (a)  This Act takes effect January 1, 1994.
  11-24        (b)  This Act applies to a suit or notice of investigation
  11-25  filed or administrative proceeding initiated on or after the
  11-26  effective date of this Act.  A suit or notice of investigation
  11-27  filed or administrative proceeding initiated before the effective
   12-1  date is governed by the law in effect on that date, and the former
   12-2  law is continued in effect for that purpose.
   12-3        SECTION 6.  The importance of this legislation and the
   12-4  crowded condition of the calendars in both houses create an
   12-5  emergency and an imperative public necessity that the
   12-6  constitutional rule requiring bills to be read on three several
   12-7  days in each house be suspended, and this rule is hereby suspended.