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.