By: Rosson S.B. No. 291
73R2024 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of a statewide plan for the
1-3 collection of child support by the attorney general's office.
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 Subsection (f) to read as
1-7 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 action with respect to the
1-13 execution, collection, and release of a judgment or lien for child
1-14 support as necessary to satisfy the judgment or lien.
1-15 SECTION 2. Section 76.003, Human Resources Code, is amended
1-16 by amending Subsections (b) and (c) and adding Subsection (e) to
1-17 read as follows:
1-18 (b) Child support payments for the benefit of a <recipient>
1-19 child <or a child other than a recipient child for> whose support
1-20 rights have been assigned to <benefit> the attorney general under
1-21 this section or who receives services under Section 76.004 shall
1-22 <has provided service under this chapter may> be made payable to
1-23 and transmitted to the attorney general. If a court has ordered
1-24 support payments to be made to an applicant for or recipient of
2-1 financial assistance or to a person other than such applicant or
2-2 recipient, the attorney general may file a certificate <notice> of
2-3 <the> assignment with the court ordering the payments and mail a
2-4 copy of the certificate and payment instructions to the last known
2-5 address of the obligor and obligee. The certificate <notice> must
2-6 include:
2-7 (1) a statement that the child is an applicant for or
2-8 recipient of financial assistance, or a child other than a
2-9 recipient child for whom services are provided;
2-10 (2) the name of the child and the caretaker for whom
2-11 support has been ordered by the court;
2-12 (3) the style and cause number of the case in which
2-13 support was ordered; <and>
2-14 (4) a statement directing <request> that the payments
2-15 ordered be made payable to and transmitted to the attorney
2-16 general's office, identification of the place that payment must be
2-17 made, and a description of the method of processing the payment;
2-18 and
2-19 (5) a statement that a copy of the certificate and
2-20 payment instructions have been mailed to the last known address of
2-21 the obligor and obligee.
2-22 (c) The filing of a record of the certificate of assignment
2-23 with <On receipt of the notice and without a requirement of a
2-24 hearing,> the court that entered the support <shall> order is
2-25 sufficient to require that the payments be made payable to the
2-26 attorney general's office and to require that each child support
2-27 office, domestic relations office, district clerk, or other public
3-1 or private entity that processes a child support payment transmit
3-2 the payment in the manner required by the certificate. The office,
3-3 clerk, or other entity shall transmit a support payment received by
3-4 the office, clerk, or other entity to the attorney general's office
3-5 at the address contained on the certificate not later than the
3-6 second working day after the date the support payment is received.
3-7 (e) The attorney general may file a termination of
3-8 assignment that may include a statement directing that all or part
3-9 of the child support payments be made payable to the attorney
3-10 general or to other persons who are entitled to receive the
3-11 payments. On receipt of a termination of assignment, a child
3-12 support office, domestic relations office, district clerk, or other
3-13 public or private entity that processes support payments shall
3-14 transmit the payments according to the terms of the termination of
3-15 assignment.
3-16 SECTION 3. Sections 76.006(a), (b), and (c), Human Resources
3-17 Code, are amended to read as follows:
3-18 (a) Except as provided by Subsection (c), all <All> files
3-19 and records of services provided under this chapter, including
3-20 information concerning a custodial parent, noncustodial parent,
3-21 child, and an alleged or <father of a child who has no> presumed
3-22 father, are confidential.
3-23 (b) Except as provided by Subsection (c), all <All>
3-24 communications made by a recipient of financial assistance under
3-25 Chapter 31 of this code or an applicant for or recipient of
3-26 services under Section 76.004 of this chapter are privileged.
3-27 (c) The attorney general may use or release <Release of>
4-1 information from the files and records, including information that
4-2 results from a communication made by a recipient of financial
4-3 assistance under Chapter 31 or an applicant for or recipient of
4-4 services under Section 76.004, for <shall be restricted to>
4-5 purposes directly connected with the administration of the child
4-6 support, paternity determination, parent locator, or aid to
4-7 families with dependent children programs.
4-8 SECTION 4. Section 76.007, Human Resources Code, is amended
4-9 by amending Subsections (a) and (b) and adding Subsections (d),
4-10 (e), and (f) to read as follows:
4-11 (a) Attorneys employed by the attorney general may represent
4-12 this <the> state or another state <other parties> in an action <a
4-13 suit to establish or modify a child support obligation, collect
4-14 child support, or determine paternity> brought under the authority
4-15 of federal law or this chapter.
4-16 (b) The attorney general may contract with private attorneys
4-17 or political subdivisions of the state to represent this state or
4-18 another state <parties> in an action <legal actions to establish or
4-19 modify child support obligations, to collect child support, or to
4-20 determine paternity,> brought under the authority of federal law
4-21 and this chapter.
4-22 (d) An attorney employed by the attorney general or as
4-23 otherwise provided by this chapter represents the interest of the
4-24 state and not the interest of any other party. The provision of
4-25 services by an attorney under this chapter does not create an
4-26 attorney-client relationship between the attorney and any other
4-27 party. The attorney general's office shall, at the time an
5-1 application for child support services is made, inform the
5-2 applicant that neither the attorney general's office nor any
5-3 attorney who provides services under this chapter is the
5-4 applicant's attorney and that the attorney providing services under
5-5 this chapter does not provide legal representation to the
5-6 applicant.
5-7 (e) An attorney employed by the attorney general or as
5-8 otherwise provided under this chapter may not be appointed or act
5-9 as a guardian ad litem or attorney ad litem for a child or another
5-10 party.
5-11 (f) The provision of services by the attorney general's
5-12 office under this chapter or under Title IV-D of the federal Social
5-13 Security Act does not authorize service on the attorney general's
5-14 office of any legal notice that is required to be served on a
5-15 party.
5-16 SECTION 5. Section 77.01, Human Resources Code, is amended
5-17 by amending Subsections (b) and (c) and adding Subsection (d) to
5-18 read as follows:
5-19 (b) The designated state agency is entitled to <may> request
5-20 and obtain such information from state and local government
5-21 agencies, private companies, institutions, or other entities as
5-22 deemed necessary to carry out the provisions of this Act. Such
5-23 government and private entities shall furnish any information so
5-24 requested and known to such entity to the designated agency unless
5-25 state or federal<, except to the extent such information is made
5-26 nondisclosable by> law provides that the information may not be
5-27 disclosed to the designated agency.
6-1 (c) The designated state agency may issue an administrative
6-2 subpoena to any individual or organization to furnish information
6-3 necessary for the agency to carry out this chapter. An individual
6-4 or organization that receives a subpoena under this subsection
6-5 shall comply with the subpoena.
6-6 (d) <(c)> The furnishing of information provided for in
6-7 Subsection (a) of this section by state governmental agencies shall
6-8 include the transmittal of information in the most efficient and
6-9 expeditious manner available, including electronic or automated
6-10 transfer and interface.
6-11 SECTION 6. (a) This Act takes effect January 1, 1994.
6-12 (b) The change in law made by this Act to Section 76.007,
6-13 Human Resources Code, applies to the provision of services by an
6-14 attorney without regard to whether the services were provided
6-15 before, on, or after the effective date of this Act.
6-16 SECTION 7. 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.