By:  Rosson, Harris of Tarrant                         S.B. No. 291
                                 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 and awards of costs in
    1-3  Title IV-D cases and including appropriations of federal funds.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 76.002, Human Resources Code, is amended
    1-6  by amending Subsection (b) and adding Subsections (f) and (g) to
    1-7  read as follows:
    1-8        (b)  The attorney general may assist in the judicial
    1-9  determination of the paternity of a child <who has no presumed
   1-10  father whose support rights have been assigned to the attorney
   1-11  general's office>.
   1-12        (f)  The attorney general may take any actions with respect
   1-13  to execution, collection, and release of a judgment or lien for
   1-14  child support as necessary to satisfy the judgment or lien.
   1-15        (g)  In any proceeding brought under this chapter the
   1-16  attorney general may pay all fees, expenses, costs, and bills
   1-17  necessary to secure evidence and to take the testimony of a
   1-18  witness, including advance payments or purchases for
   1-19  transportation, lodging, meals, and incidental expenses of
   1-20  custodians of evidence or witnesses whose transportation is
   1-21  necessary and proper for the production of evidence or the taking
   1-22  of testimony.  In making payments under this subsection, the
   1-23  attorney general shall present vouchers to the comptroller that
   1-24  have been sworn to by the custodian or witness and approved by the
    2-1  attorney general.  The voucher shall be sufficient to authorize
    2-2  payment under this subsection without the necessity of a written
    2-3  contract.  The attorney general may directly pay a commercial
    2-4  transportation company or commercial lodging establishment for the
    2-5  expense of transportation or lodging of a custodian or witness.
    2-6        SECTION 2.  Section 76.003, Human Resources Code, is amended
    2-7  by amending Subsections (b) and adding Subsections (e) and (f) to
    2-8  read as follows:
    2-9        (b)  Child support payments for the benefit of a <recipient>
   2-10  child <or a child other than a recipient child for> whose support
   2-11  rights have been assigned to <benefit> the attorney general under
   2-12  this section or under Section 76.004 shall <has provided service
   2-13  under this chapter may> be made payable to and transmitted to the
   2-14  attorney general.  If a court has ordered support payments to an
   2-15  applicant for or recipient of financial assistance or to a person
   2-16  other than such applicant or recipient, the attorney general may
   2-17  file notice of the assignment with the court ordering the payments.
   2-18  The notice must include:
   2-19              (1)  a statement that the child is an applicant for or
   2-20  recipient of financial assistance, or a child other than a
   2-21  recipient child for whom services are provided;
   2-22              (2)  the name of the child and the caretaker for whom
   2-23  support has been ordered by the court;
   2-24              (3)  the style and cause number of the case in which
   2-25  support was ordered; and
   2-26              (4)  a request that the payments ordered be made
   2-27  payable and transmitted to the attorney general's office.
    3-1        (e)  The attorney general may file a notice of termination of
    3-2  assignment which may include a request that all or a portion of the
    3-3  payments be made payable to the attorney general and to such other
    3-4  persons who are entitled to receive such payments.  On receipt of
    3-5  notice of termination of assignment the court shall order that the
    3-6  payments be directed as set forth in the notice.
    3-7        (f)  If an abstract of judgment or a child support lien on
    3-8  support amounts assigned to the attorney general under this chapter
    3-9  has previously been filed of record, the attorney general shall
   3-10  file for recordation, with the county clerk of each county in which
   3-11  such abstract or lien has been filed, a certificate that an order
   3-12  of assignment or a notice of termination of assignment has been
   3-13  issued.
   3-14        SECTION 3.  Subsections (a), (b), and (c), Section 76.006,
   3-15  Human Resources Code, are amended to read as follows:
   3-16        (a)  Except as provided in Subsection (c), all <All> files
   3-17  and records of services provided under this chapter, including
   3-18  information concerning a custodial parent, noncustodial parent,
   3-19  child, and an alleged or <father of a child who has no> presumed
   3-20  father, are confidential.
   3-21        (b)  Except as provided by Subsection (c), all <All>
   3-22  communications made by a recipient of financial assistance under
   3-23  Chapter 31 of this code or an applicant for or recipient of
   3-24  services under Section 76.004 of this chapter are privileged.
   3-25        (c)  The attorney general may use or release <Release of>
   3-26  information from the files and records, including information that
   3-27  results from a communication made by a recipient of financial
    4-1  assistance under Chapter 31 or by an applicant for or recipient of
    4-2  services under Section 76.004, for <shall be  restricted to>
    4-3  purposes directly connected with the administration of the child
    4-4  support, paternity determination, parent locator, or aid to
    4-5  families with dependent children programs.
    4-6        SECTION 4.  Section 76.007, Human Resources Code, is amended
    4-7  by amending Subsections (a) and (b) and adding Subsections (d),
    4-8  (e), (f), and (g) to read as follows:
    4-9        (a)  Attorneys employed by the attorney general may represent
   4-10  this <the> state or another state <other parties> in an action <a
   4-11  suit to establish or modify a child support obligation, collect
   4-12  child support, or determine paternity> brought under the authority
   4-13  of federal law or this chapter.
   4-14        (b)  The attorney general may contract with private attorneys
   4-15  or political subdivisions of the state to represent this state or
   4-16  another state <parties> in an action <legal actions to establish or
   4-17  modify child support obligations, to collect child support, or to
   4-18  determine paternity,> brought under the authority of federal law
   4-19  and this chapter.
   4-20        (d)  An attorney employed by the attorney general or as
   4-21  otherwise provided by this chapter represents the interest of the
   4-22  state and not the interest of any other party.  The provision of
   4-23  services by an attorney under this chapter does not create an
   4-24  attorney-client relationship between the attorney and any other
   4-25  party.  The attorney general's office shall, at the time an
   4-26  application for child support services is made, inform the
   4-27  applicant that neither the attorney general's office nor any
    5-1  attorney who provides services under this chapter is the
    5-2  applicant's attorney and that the attorney providing services under
    5-3  this chapter does not provide legal representation to the
    5-4  applicant.
    5-5        (e)  An attorney employed by the attorney general or as
    5-6  otherwise provided under this chapter may not be appointed or act
    5-7  as a guardian ad litem or attorney ad litem for a child or another
    5-8  party.
    5-9        (f)  The provision of services by the attorney general's
   5-10  office under this chapter or Part D of Title IV of the federal
   5-11  Social Security Act (42 U.S.C. Section 651 et seq.) does not
   5-12  authorize service on the attorney general's office of any legal
   5-13  notice that is required to be served on any party other than the
   5-14  attorney general.
   5-15        (g)  A court shall not disqualify the attorney general in a
   5-16  legal action brought under this chapter or Part D of Title IV of
   5-17  the federal Social Security Act (42 U.S.C. Section 651 et seq.) on
   5-18  the basis that the attorney general has previously provided
   5-19  services to a party whose interests may now be adverse to the
   5-20  relief sought by the attorney general in providing services under
   5-21  this chapter.
   5-22        SECTION 5.  Section 76.009, Human Resources Code, is amended
   5-23  by adding Subsection (i) to read as follows:
   5-24        (i)  A district clerk, a county child support registry or
   5-25  enforcement office, or a domestic relations office may not assess
   5-26  or collect fees for processing child support payments or for child
   5-27  support services from the attorney general, a managing conservator,
    6-1  or a possessory conservator in a case brought under this chapter,
    6-2  except as provided by Subsection (a) of this section.
    6-3        SECTION 6.  Chapter 76, Human Resources Code, is amended by
    6-4  adding Section 76.011 to read as follows:
    6-5        Sec. 76.011.  EMPLOYER NEW HIRE REPORTING PROGRAM.  (a)  The
    6-6  attorney general shall create and develop a voluntary Employer New
    6-7  Hire Reporting (ENHR) program in the child support enforcement
    6-8  division of the office of the attorney general.  The ENHR program
    6-9  shall provide a means for employers to assist in the state's
   6-10  efforts to locate absent parents who owe child support and collect
   6-11  support from those parents by reporting information concerning
   6-12  newly hired and rehired employees directly to the child support
   6-13  enforcement program.
   6-14        (b)  To ensure timely receipt of information, the ENHR
   6-15  program shall provide that employers participating in the program
   6-16  report new hires and rehires within 10 working days of hire.
   6-17        (c)  The ENHR program shall apply to any person who:
   6-18              (1)  will be employed for more than one month's
   6-19  duration;
   6-20              (2)  will be paid for more than 350 hours during a
   6-21  continuous six-month period; or
   6-22              (3)  will have gross earnings of more than $300 in each
   6-23  month of employment.
   6-24        (d)  Any employer doing business in the State of Texas may
   6-25  voluntarily participate in the ENHR program by reporting to the
   6-26  attorney general:
   6-27              (1)  the hiring of any person who resides or works in
    7-1  this state to whom the employer anticipates paying earnings; or
    7-2              (2)  the rehiring or return to work of any employee who
    7-3  was laid off, furloughed, separated, granted leave without pay, or
    7-4  terminated from employment.
    7-5        (e)  Employers participating in the ENHR program may provide
    7-6  information to the attorney general by:
    7-7              (1)  sending a copy of the new employee's W-4 form;
    7-8              (2)  completing a form supplied by the attorney
    7-9  general; or
   7-10              (3)  any other means authorized by the attorney general
   7-11  for conveying information, including electronic transmission or
   7-12  delivery of data tapes containing the employee's name, address,
   7-13  social security number, date of birth and salary information, and
   7-14  the employer's name, address, and employer identification number.
   7-15        (f)  An employer participating in the ENHR program is
   7-16  authorized by this section to disclose the information described
   7-17  above and is not liable to the employee for such disclosure or any
   7-18  subsequent use by the attorney general of the information.
   7-19        (g)  For information reported under the ENHR program, the
   7-20  attorney general shall retain the information only if the attorney
   7-21  general is responsible for establishing, enforcing, or collecting a
   7-22  support obligation or debt of the employee.  If the attorney
   7-23  general is not responsible for establishing, enforcing, or
   7-24  collecting a support obligation or debt of the employee, the
   7-25  attorney general does not have to retain the information.
   7-26        (h)  In cooperation with the Texas Employment Commission and
   7-27  representatives of the private sector, the attorney general may
    8-1  develop a plan for phasing in implementation of this program,
    8-2  acknowledging employer participation in the program, and
    8-3  publicizing the availability of this program to Texas employers.
    8-4        SECTION 7.  Subsection (a), Section 11.181, Family Code, is
    8-5  amended to read as follows:
    8-6        (a)  At the conclusion of a Title IV-D case, the court may
    8-7  <shall> assess attorney fees and all <other> court costs as
    8-8  authorized by law against the nonprevailing party, except that the
    8-9  court may not assess those amounts against the attorney general
   8-10  or<,> a private attorney or political subdivision that has entered
   8-11  into a contract under Section 76.007(b), Human Resources Code, or
   8-12  any party to whom <represented by> the attorney general has
   8-13  provided services under this chapter.  Such fees and costs shall be
   8-14  as provided for all other litigants in similar cases and shall in
   8-15  no way represent or be measured by administrative costs included
   8-16  under the statewide plan for child support provided by Chapter 76,
   8-17  Human Resources Code.
   8-18        SECTION 8.  All funds received from the federal government as
   8-19  reimbursement for the costs of contracts entered into by the
   8-20  attorney general pursuant to Subsection (d), Section 76.002, and
   8-21  Subsection (b), Section 76.007, Human Resources Code, shall be in
   8-22  excess of any amount appropriated to the attorney general by other
   8-23  Acts of the 73rd Legislature and are hereby appropriated to the
   8-24  attorney general for the purposes authorized by Chapter 76, Human
   8-25  Resources Code, for the fiscal years ending August 31, 1994, and
   8-26  August 31, 1995.
   8-27        SECTION 9.  (a)  This Act takes effect September 1, 1993.
    9-1        (b)  The change in law made by this Act to Section 76.007,
    9-2  Human Resources Code, applies to the provision of services by an
    9-3  attorney without regard to whether the services were provided
    9-4  before, on, or after the effective date of this Act.
    9-5        SECTION 10.  The importance of this legislation and the
    9-6  crowded condition of the calendars in both houses create an
    9-7  emergency and an imperative public necessity that the
    9-8  constitutional rule requiring bills to be read on three several
    9-9  days in each house be suspended, and this rule is hereby suspended.