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.