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.