1-1 By: Rosson, Carriker S.B. No. 229
1-2 (In the Senate - Filed February 1, 1993; February 2, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 229 By: Harris of Tarrant
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the administration of a statewide plan for child
1-20 support by the attorney general's office.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Subdivision (4), Section 14.80, Family Code, is
1-23 amended to read as follows:
1-24 (4) "Child support services" means administrative or
1-25 court actions to:
1-26 (A) establish paternity, establish, modify, or
1-27 enforce child support or medical support obligations;
1-28 (B) locate absent parents; or
1-29 (C) cooperate with other states in these
1-30 actions, and any other action authorized or <as> required under
1-31 Part D of Title IV of the federal Social Security Act (42 U.S.C.
1-32 Section 651 et seq.) or Chapter 76, Human Resources Code.
1-33 SECTION 2. Subchapter D, Chapter 14, Family Code, is amended
1-34 by adding Sections 14.801 through 14.809 to read as follows:
1-35 Sec. 14.801. ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
1-36 NOT APPLICABLE. The child support review process provided for in
1-37 this subchapter is not governed by the Administrative Procedure and
1-38 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
1-39 Statutes).
1-40 Sec. 14.802. CHILD SUPPORT REVIEW PROCESS: PURPOSE:
1-41 GENERAL PROVISIONS. (a) The purpose of the child support review
1-42 process authorized by this subchapter is to provide child support
1-43 agencies an opportunity to resolve child support actions through
1-44 negotiation and by agreement of the parties. To the greatest
1-45 extent permitted by this subchapter child support agencies shall
1-46 make the child support review process understandable to all parties
1-47 and shall encourage agreement through mediation.
1-48 (b) An administrative action under this subchapter may be
1-49 initiated by a child support agency by the issuance of a notice of
1-50 child support review under Section 14.803 of this code.
1-51 (c) A child support agency may issue an administrative
1-52 subpoena to a parent or to a person presumed or alleged to be the
1-53 father of a child for whom support is sought or to any individual
1-54 or organization believed to have information concerning the
1-55 financial resources of the parent or presumed or alleged father of
1-56 a child for whom support is sought in a child support review under
1-57 this subchapter.
1-58 (d) "Child support review officer" means an individual
1-59 designated by a child support agency to conduct reviews under this
1-60 subchapter who has received certified family law mediation
1-61 training.
1-62 (e) To determine the appropriate amount of child support, a
1-63 child support agency shall use any information obtained by the
1-64 child support agency through a child support review or any other
1-65 source in applying the child support guidelines in this code. If
1-66 the child support agency determines that the support amount in an
1-67 existing child support order is not in substantial compliance with
1-68 the guidelines, the child support agency shall issue an appropriate
2-1 child support review order, including a review order which has the
2-2 effect of modifying an existing order for child support
2-3 notwithstanding the provisions of Section 14.08 of this code
2-4 without the necessity of filing a motion to modify.
2-5 (f) A notice required under this subchapter must be
2-6 delivered or served by first class mail or certified mail on each
2-7 party entitled to citation or notice under Section 11.09 of this
2-8 code.
2-9 (g) If notice is served by mail in a child support review
2-10 under this subchapter, three days must be added to both the time in
2-11 which the person is required to respond and the time by which the
2-12 person is entitled to notification of a negotiation conference.
2-13 (h) All notices and other forms required to implement the
2-14 child support review process shall be printed in both Spanish and
2-15 English. In the event that a party participating in a negotiation
2-16 conference conducted pursuant to Section 14.804 of this code does
2-17 not speak English or is hearing impaired, the child support agency
2-18 shall provide for interpreter services at no charge to the parties.
2-19 Sec. 14.803. NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
2-20 FINANCIAL RESOURCES. (a) A child support agency may review and
2-21 assess the financial resources of the child's parents or of a
2-22 person presumed or alleged to be the child's father from whom child
2-23 support is sought to determine the resources that are available for
2-24 the support of the child and to determine what action is
2-25 appropriate. The child support agency shall notify the parents and
2-26 the presumed or alleged father of a child support review by
2-27 delivering to each person a notice of child support review.
2-28 (b) The notice of child support review must:
2-29 (1) describe the procedure for a child support review;
2-30 (2) inform the recipient that the recipient need not
2-31 participate in the child support review but may request a court
2-32 hearing and may be represented by legal counsel during the review
2-33 process or at any court hearing;
2-34 (3) inform the recipient that the recipient may stop
2-35 participating in the child support review during any stage of the
2-36 review but that the review will continue to completion and that if
2-37 a child support review order is issued any recipient may request a
2-38 court hearing;
2-39 (4) include an affidavit of financial resources; and
2-40 (5) include a request that the recipient designate, on
2-41 a form provided by the child support agency, an address for mailing
2-42 any additional notice to the recipient.
2-43 (c) In addition to the information required by Subsection
2-44 (b) of this section, the notice of child support review must inform
2-45 the recipient that:
2-46 (1) the requested information must be returned to the
2-47 child support agency not later than the 15th day after the date the
2-48 notice is delivered or served; and
2-49 (2) if the requested information is not returned as
2-50 required, the child support agency:
2-51 (A) may proceed with the review using any
2-52 information that is available to the agency; and
2-53 (B) may file a legal action without further
2-54 notice to the recipient, except as otherwise required by law.
2-55 Sec. 14.804. NEGOTIATION CONFERENCE. (a) A person who
2-56 receives a notice of child support review and who completes an
2-57 affidavit of financial resources may request, at the time the
2-58 affidavit of financial resources is returned, a negotiation
2-59 conference in an effort to reach an agreement. The child support
2-60 agency may schedule a negotiation conference even though no party
2-61 requested one.
2-62 (b) A negotiation conference under this section shall be
2-63 held not later than the 45th day after the date all notices of
2-64 child support review were sent to the parties to the action.
2-65 (c) All parties entitled to notice of the negotiation
2-66 conference shall be notified of the date, time, and place of the
2-67 negotiation conference not later than the 10th day before the date
2-68 of the negotiation conference.
2-69 (d) A negotiation conference may be rescheduled on the
2-70 request of any party and all parties must be given timely notice of
3-1 such rescheduling. All parties shall be sent notice not later than
3-2 the third day before the date of the rescheduled negotiation
3-3 conference.
3-4 (e) At the beginning of the negotiation conference the
3-5 review officer shall inform all parties in attendance that:
3-6 (1) the purpose of the negotiation conference is to
3-7 attempt to reach an agreement regarding child support payments;
3-8 (2) the parties do not have to participate in the
3-9 negotiation conference and may request a court hearing;
3-10 (3) the parties may be represented by an attorney of
3-11 their choosing at the negotiation conference or at any court
3-12 hearing;
3-13 (4) the parties may stop participating in the
3-14 negotiation conference at any time but the child support review
3-15 will continue until completed, and, if a child support review order
3-16 is issued, the parties may request a court hearing;
3-17 (5) if the parties reach an agreement the review
3-18 officer will prepare an agreed review order for their signatures;
3-19 (6) the parties do not have to sign any review order
3-20 prepared by the review officer; and
3-21 (7) if the parties sign an agreed review order they
3-22 may later change their minds and request a court hearing at any
3-23 time before a court confirms the child support review order.
3-24 (f) For the purposes of this subchapter, any written
3-25 affidavits, written findings, and the child support review order
3-26 that results from a negotiation conference are a sufficient record
3-27 of the proceedings. A child support agency is not required to make
3-28 any other record or transcript of the negotiation conference.
3-29 (g) If a negotiation conference results in an agreement by
3-30 all parties, a child support review order must be signed by all
3-31 parties to the action, and the order must contain:
3-32 (1) a waiver by each party of the right to service and
3-33 of the right to a court hearing and the making of a record;
3-34 (2) the mailing address of each party; and
3-35 (3) the following statement printed on the order in
3-36 boldfaced type or in all capital letters:
3-37 "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED CHILD
3-38 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO
3-39 HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
3-40 MATTER BUT IF I SIGN THIS ORDER, I LOSE THAT RIGHT. I
3-41 KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND WITHDRAW
3-42 MY AGREEMENT TO THE TERMS OF THIS ORDER AND REQUEST
3-43 THAT A COURT DECIDE THIS MATTER BY FILING A REQUEST FOR
3-44 COURT HEARING AT ANY TIME BEFORE THE 20TH DAY AFTER THE
3-45 DATE THAT THE PETITION FOR CONFIRMATION OF THE ORDER IS
3-46 FILED WITH THE CLERK OF THE COURT. I KNOW THAT IF I
3-47 FAIL TO FILE A REQUEST FOR A COURT HEARING THAT A COURT
3-48 MAY CONFIRM AND APPROVE THIS ORDER AND IT WILL BECOME A
3-49 VALID COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE
3-50 TERMS OF THIS ORDER THAT I MAY BE HELD IN CONTEMPT OF
3-51 COURT."
3-52 (h) If the negotiation conference does not result in an
3-53 agreed child support review order, not later than the fifth day
3-54 after the date of the negotiation conference, the review officer
3-55 shall issue and sign a final decision in the form of a child
3-56 support review order unless the review officer provides specific
3-57 reasons why a child support review order cannot be issued.
3-58 (i) On the day that a child support review order is issued
3-59 or if a determination is made that no child support review order
3-60 will be issued, each party to a child support review proceeding
3-61 shall be furnished by hand delivery or by mail a copy of the order
3-62 or the notice of determination that no order will be issued.
3-63 (j) A finding by the review officer that a child support
3-64 review order is not appropriate does not affect the right of the
3-65 child support agency or any other party to proceed in any manner
3-66 provided by law.
3-67 (k) The review officer may vacate a child support review
3-68 order on the officer's own motion any time before the order is
3-69 filed with the court. A new negotiation conference, with notice to
3-70 all parties, shall be scheduled to take place not later than the
4-1 10th day after the date the child support review order was vacated.
4-2 Sec. 14.805. CONTENTS OF CHILD SUPPORT REVIEW ORDER. A
4-3 child support review order under this subchapter must contain all
4-4 provisions that are appropriate for an order under this title. A
4-5 child support review order may contain other provisions for the
4-6 establishment, modification, or enforcement of a child support or
4-7 medical support order and for the establishment of paternity. A
4-8 child support review order providing for the enforcement of an
4-9 order may not contain a provision which imposes incarceration or a
4-10 fine or contains a finding of contempt.
4-11 Sec. 14.806. PETITION FOR CONFIRMATION OF CHILD SUPPORT
4-12 REVIEW ORDER; DUTIES OF CLERK OF COURT. (a) The child support
4-13 agency shall file any petition of confirmation with the clerk of
4-14 the court having continuing jurisdiction of the child who is the
4-15 subject of the order. If no court has continuing jurisdiction, the
4-16 child support agency shall file the petition for confirmation with
4-17 the clerk of a court having jurisdiction under this title.
4-18 (b) A petition for confirmation must include as attachments
4-19 to the petition the final child support review order and a form for
4-20 a party to use to request a court hearing. Each affidavit of
4-21 financial resources that was completed by a party to the order and
4-22 any other documentary evidence relied on by the child support
4-23 agency, including a verified written report of a paternity testing
4-24 expert concerning the results of paternity testing conducted in the
4-25 case or a statement of paternity, shall be filed with the clerk as
4-26 exhibits for the petition. The petition must identify the exhibits
4-27 that are filed with the clerk.
4-28 (c) On the filing of a petition under this section, the
4-29 clerk of the court shall endorse on the petition the date and time
4-30 that the petition is filed and sign the endorsement. If the
4-31 petition is for an original action, the clerk shall endorse the
4-32 appropriate court and cause number on the petition. If the
4-33 petition is to confirm an agreed child support review order under
4-34 this subchapter, the clerk shall mail to each party, at the address
4-35 shown on the order, a copy of the petition and written notice of
4-36 the filing of the petition stating the court and cause number of
4-37 the case. The clerk shall note on the docket that the notice was
4-38 mailed. If the petition is to confirm an order other than an
4-39 agreed order, the clerk shall issue service of citation, including
4-40 a copy of the petition and the child support review order, to each
4-41 party entitled to service.
4-42 (d) A clerk of the court is entitled to collect a fee for
4-43 the filing of a petition under this section as provided by Section
4-44 51.317(b)(1), Government Code, a fee for the issuance of notice or
4-45 process as provided by Section 51.317(b)(4), Government Code, and a
4-46 fee for service of notice or citation as provided by Section
4-47 51.319(4), Government Code, or as otherwise provided by law.
4-48 (e) In addition to attaching a copy of a form to request a
4-49 court hearing to each party's copy of the petition for confirmation
4-50 of child support review order, the child support agency shall make
4-51 available to the clerk of court and, on request, shall make
4-52 available to a party to the child support review proceeding a form
4-53 to request a court hearing. The clerk shall furnish the form to a
4-54 party to a proceeding under this section on the request of the
4-55 party. A court shall consider any responsive pleading filed under
4-56 this section that is intended as an objection to confirmation of a
4-57 child support review order, including a general denial, as a
4-58 request for court hearing.
4-59 Sec. 14.807. CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
4-60 (a) All proceedings resulting from a child support review shall be
4-61 referred by the court to the master appointed under this
4-62 subchapter, or, if no such master has been appointed, the judge of
4-63 the court shall preside over such proceedings.
4-64 (b) Not later than the 30th day after the date a petition
4-65 for confirmation of an agreed child support review order is filed,
4-66 the court shall confirm the terms and provisions of the order by
4-67 signing a confirmation order unless a request for court hearing is
4-68 timely filed or the court sets a hearing as provided by Subsection
4-69 (d) of this section.
4-70 (c) Not later than the 30th day after the date of service on
5-1 the last party to be served with citation of a petition for
5-2 confirmation for a child support review order other than an agreed
5-3 child support review order, the court shall confirm the terms and
5-4 provisions of the order by signing a confirmation order unless a
5-5 request for court hearing is timely filed or the court sets a
5-6 hearing as provided by Subsection (d) of this section.
5-7 (d) If the court finds that confirmation of a child support
5-8 review order without a hearing would not be in the best interest of
5-9 a child who is the subject of the order, the court may stay
5-10 confirmation of the order and schedule a hearing. The order
5-11 setting the hearing on the confirmation of the order must state the
5-12 court's specific reasons for conducting the hearing.
5-13 (e) A party may file a request for court hearing not later
5-14 than the 20th day after the date the petition for confirmation of
5-15 an agreed child support review order is filed or, if the petition
5-16 is to confirm an order other than an agreed order, not later than
5-17 the Monday following the 20th day after the date the party received
5-18 service of citation.
5-19 (f) On the timely filing of a request for court hearing, all
5-20 issues in the child support review order shall be heard in a de
5-21 novo hearing before the court. The petition for confirmation and
5-22 the child support review order constitute a sufficient pleading for
5-23 relief on any issue addressed in the petition and order.
5-24 (g) A court shall hold a hearing on the confirmation of a
5-25 child support review order not later than the 30th day after the
5-26 date the court determines that a hearing should be held or a party
5-27 files a request for court hearing.
5-28 (h) After the hearing on the confirmation of a child support
5-29 review order, the court shall:
5-30 (1) if the court finds that the order should be
5-31 confirmed, immediately sign a confirmation order and render the
5-32 order as an order of the court;
5-33 (2) if the court finds that the relief granted in the
5-34 child support review order is inappropriate, sign an appropriate
5-35 order at the conclusion of the hearing or as soon after the
5-36 conclusion of the hearing as is practical and render the order as
5-37 an order of the court; or
5-38 (3) if the court finds that all relief should be
5-39 denied, render an order that denies relief and includes specific
5-40 findings explaining the reasons that relief is denied.
5-41 (i) On the signing of a confirmation order by the judge of
5-42 the court, the child support review order becomes a final judgment
5-43 of the court.
5-44 Sec. 14.808. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
5-45 RELATING TO ESTABLISHMENT OF PATERNITY. (a) If the paternity of a
5-46 child has not been established by court order, the notice of child
5-47 support review served on the parties must include an allegation
5-48 that the alleged father is the biological father of the child. The
5-49 notice shall inform the parties that the alleged father of the
5-50 child may sign a statement of paternity and that any party may
5-51 request that scientifically accepted paternity testing be conducted
5-52 to assist in determining whether the alleged father is the child's
5-53 biological father.
5-54 (b) A negotiation conference shall be conducted to resolve
5-55 any issues of support in an action in which all parties agree that
5-56 the alleged father is the child's biological father.
5-57 (c) If a party denies that the alleged father is the child's
5-58 biological father or, in the case of a presumed father, if either
5-59 party files a verified denial of paternity, the child support
5-60 agency may schedule paternity testing.
5-61 (d) If paternity testing does not exclude the alleged father
5-62 from being the child's biological father and a party continues to
5-63 deny that the alleged father is the child's biological father, the
5-64 child support agency may schedule a negotiation conference as
5-65 provided by this subchapter. If the results of a verified written
5-66 report of a paternity testing expert meet the requirements of
5-67 Section 13.04 of this code for issuing a temporary order, the child
5-68 support agency may issue a child support review order.
5-69 (e) If the results of paternity testing exclude the alleged
5-70 or presumed father from being the biological father of the child,
6-1 the child support agency shall issue a child support review order
6-2 that declares that the alleged or presumed father is not the father
6-3 of the child. Any party may file a petition for confirmation of a
6-4 child support review order issued under this subsection.
6-5 Sec. 14.809. EXPIRATION. Sections 14.801 through 14.809 of
6-6 this subchapter expire September 1, 1997.
6-7 SECTION 3. Sections 14.871, 14.872, 14.873, 14.874, 14.875,
6-8 and 14.876, Family Code, are repealed.
6-9 SECTION 4. (a) This Act takes effect January 1, 1994.
6-10 (b) This Act applies to a suit or notice of child support
6-11 review filed or administrative proceeding initiated on or after the
6-12 effective date of this Act. A suit or notice of child support
6-13 review filed or administrative proceeding initiated before the
6-14 effective date is governed by the law in effect on that date, and
6-15 the former law is continued in effect for that purpose.
6-16 SECTION 5. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.
6-21 * * * * *
6-22 Austin,
6-23 Texas
6-24 April 27, 1993
6-25 Hon. Bob Bullock
6-26 President of the Senate
6-27 Sir:
6-28 We, your Committee on Jurisprudence to which was referred S.B. No.
6-29 229, have had the same under consideration, and I am instructed to
6-30 report it back to the Senate with the recommendation that it do not
6-31 pass, but that the Committee Substitute adopted in lieu thereof do
6-32 pass and be printed.
6-33 Henderson,
6-34 Chairman
6-35 * * * * *
6-36 WITNESSES
6-37 FOR AGAINST ON
6-38 ___________________________________________________________________
6-39 Name: Howard Baldwin x
6-40 Representing: Atty Gen.
6-41 City: Austin
6-42 -------------------------------------------------------------------
6-43 Name: Bee Moorhead x
6-44 Representing: Comptroller
6-45 City: Austin
6-46 -------------------------------------------------------------------
6-47 Name: Cecilia Burke x
6-48 Representing: Attorney General Child Suppor
6-49 City: Austin
6-50 -------------------------------------------------------------------
6-51 Name: John Lindell x
6-52 Representing: Self
6-53 City: Austin
6-54 -------------------------------------------------------------------
6-55 Name: John J. Sampson x
6-56 Representing: Self
6-57 City: Austin
6-58 -------------------------------------------------------------------
6-59 Name: W. Jeanne Meurer x
6-60 Representing: Self
6-61 City: Austin
6-62 -------------------------------------------------------------------
6-63 Name: Bruce Elfant x
6-64 Representing: Travis Cty. Constable
6-65 City: Austin
6-66 -------------------------------------------------------------------
6-67 Name: Sandy Kibby x
6-68 Representing: Texas PTA
6-69 City: Austin
6-70 -------------------------------------------------------------------
7-1 Name: Shannon Noble x
7-2 Representing: Tx Women's Political Caucus
7-3 City: Austin
7-4 -------------------------------------------------------------------
7-5 FOR AGAINST ON
7-6 ___________________________________________________________________
7-7 Name: Adrienne Nelson
7-8 Representing: Tx Cncl on Family Violence
7-9 City: Austin
7-10 -------------------------------------------------------------------