1-1 By: Rosson S.B. No. 291
1-2 (In the Senate - Filed February 9, 1993; February 10, 1993,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 20, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 20, 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. 291 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 and awards of costs in
1-21 Title IV-D cases and including appropriations of federal funds.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 76.002, Human Resources Code, is amended
1-24 by amending Subsection (b) and adding Subsections (f) and (g) to
1-25 read as follows:
1-26 (b) The attorney general may assist in the judicial
1-27 determination of the paternity of a child <who has no presumed
1-28 father whose support rights have been assigned to the attorney
1-29 general's office>.
1-30 (f) The attorney general may take any actions with respect
1-31 to execution, collection, and release of a judgment or lien for
1-32 child support as necessary to satisfy the judgment or lien.
1-33 (g) In any proceeding brought under this chapter the
1-34 attorney general may pay all fees, expenses, costs, and bills
1-35 necessary to secure evidence and to take the testimony of a
1-36 witness, including advance payments or purchases for
1-37 transportation, lodging, meals, and incidental expenses of
1-38 custodians of evidence or witnesses whose transportation is
1-39 necessary and proper for the production of evidence or the taking
1-40 of testimony. In making payments under this subsection, the
1-41 attorney general shall present vouchers to the comptroller that
1-42 have been sworn to by the custodian or witness and approved by the
1-43 attorney general. The voucher shall be sufficient to authorize
1-44 payment under this subsection without the necessity of a written
1-45 contract. The attorney general may directly pay a commercial
1-46 transportation company or commercial lodging establishment for the
1-47 expense of transportation or lodging of a custodian or witness.
1-48 SECTION 2. Section 76.003, Human Resources Code, is amended
1-49 by amending Subsections (b) and adding Subsections (e) and (f) to
1-50 read as follows:
1-51 (b) Child support payments for the benefit of a <recipient>
1-52 child <or a child other than a recipient child for> whose support
1-53 rights have been assigned to <benefit> the attorney general under
1-54 this section or under Section 76.004 shall <has provided service
1-55 under this chapter may> be made payable to and transmitted to the
1-56 attorney general. If a court has ordered support payments to an
1-57 applicant for or recipient of financial assistance or to a person
1-58 other than such applicant or recipient, the attorney general may
1-59 file notice of the assignment with the court ordering the payments.
1-60 The notice must include:
1-61 (1) a statement that the child is an applicant for or
1-62 recipient of financial assistance, or a child other than a
1-63 recipient child for whom services are provided;
1-64 (2) the name of the child and the caretaker for whom
1-65 support has been ordered by the court;
1-66 (3) the style and cause number of the case in which
1-67 support was ordered; and
1-68 (4) a request that the payments ordered be made
2-1 payable and transmitted to the attorney general's office.
2-2 (e) The attorney general may file a notice of termination of
2-3 assignment which may include a request that all or a portion of the
2-4 payments be made payable to the attorney general and to such other
2-5 persons who are entitled to receive such payments. On receipt of
2-6 notice of termination of assignment the court shall order that the
2-7 payments be directed as set forth in the notice.
2-8 (f) If an abstract of judgment or a child support lien on
2-9 support amounts assigned to the attorney general under this chapter
2-10 has previously been filed of record, the attorney general shall
2-11 file for recordation, with the county clerk of each county in which
2-12 such abstract or lien has been filed, a certificate that an order
2-13 of assignment or a notice of termination of assignment has been
2-14 issued.
2-15 SECTION 3. Subsections (a), (b), and (c), Section 76.006,
2-16 Human Resources Code, are amended to read as follows:
2-17 (a) Except as provided in Subsection (c), all <All> files
2-18 and records of services provided under this chapter, including
2-19 information concerning a custodial parent, noncustodial parent,
2-20 child, and an alleged or <father of a child who has no> presumed
2-21 father, are confidential.
2-22 (b) Except as provided by Subsection (c), all <All>
2-23 communications made by a recipient of financial assistance under
2-24 Chapter 31 of this code or an applicant for or recipient of
2-25 services under Section 76.004 of this chapter are privileged.
2-26 (c) The attorney general may use or release <Release of>
2-27 information from the files and records, including information that
2-28 results from a communication made by a recipient of financial
2-29 assistance under Chapter 31 or by an applicant for or recipient of
2-30 services under Section 76.004, for <shall be restricted to>
2-31 purposes directly connected with the administration of the child
2-32 support, paternity determination, parent locator, or aid to
2-33 families with dependent children programs.
2-34 SECTION 4. Section 76.007, Human Resources Code, is amended
2-35 by amending Subsections (a) and (b) and adding Subsections (d),
2-36 (e), (f), and (g) to read as follows:
2-37 (a) Attorneys employed by the attorney general may represent
2-38 this <the> state or another state <other parties> in an action <a
2-39 suit to establish or modify a child support obligation, collect
2-40 child support, or determine paternity> brought under the authority
2-41 of federal law or this chapter.
2-42 (b) The attorney general may contract with private attorneys
2-43 or political subdivisions of the state to represent this state or
2-44 another state <parties> in an action <legal actions to establish or
2-45 modify child support obligations, to collect child support, or to
2-46 determine paternity,> brought under the authority of federal law
2-47 and this chapter.
2-48 (d) An attorney employed by the attorney general or as
2-49 otherwise provided by this chapter represents the interest of the
2-50 state and not the interest of any other party. The provision of
2-51 services by an attorney under this chapter does not create an
2-52 attorney-client relationship between the attorney and any other
2-53 party. The attorney general's office shall, at the time an
2-54 application for child support services is made, inform the
2-55 applicant that neither the attorney general's office nor any
2-56 attorney who provides services under this chapter is the
2-57 applicant's attorney and that the attorney providing services under
2-58 this chapter does not provide legal representation to the
2-59 applicant.
2-60 (e) An attorney employed by the attorney general or as
2-61 otherwise provided under this chapter may not be appointed or act
2-62 as a guardian ad litem or attorney ad litem for a child or another
2-63 party.
2-64 (f) The provision of services by the attorney general's
2-65 office under this chapter or Part D of Title IV of the federal
2-66 Social Security Act (42 U.S.C. Section 651 et seq.) does not
2-67 authorize service on the attorney general's office of any legal
2-68 notice that is required to be served on any party other than the
2-69 attorney general.
2-70 (g) A court shall not disqualify the attorney general in a
3-1 legal action brought under this chapter or Part D of Title IV of
3-2 the federal Social Security Act (42 U.S.C. Section 651 et seq.) on
3-3 the basis that the attorney general has previously provided
3-4 services to a party whose interests may now be adverse to the
3-5 relief sought by the attorney general in providing services under
3-6 this chapter.
3-7 SECTION 5. Section 76.009, Human Resources Code, is amended
3-8 by adding Subsection (i) to read as follows:
3-9 (i) A district clerk, a county child support registry or
3-10 enforcement office, or a domestic relations office may not assess
3-11 or collect fees for processing child support payments or for child
3-12 support services from the attorney general, a managing conservator,
3-13 or a possessory conservator in a case brought under this chapter,
3-14 except as provided by Subsection (a) of this section.
3-15 SECTION 6. Chapter 76, Human Resources Code, is amended by
3-16 adding Section 76.011 to read as follows:
3-17 Sec. 76.011. EMPLOYER NEW HIRE REPORTING PROGRAM. (a) The
3-18 attorney general shall create and develop a voluntary Employer New
3-19 Hire Reporting (ENHR) program in the child support enforcement
3-20 division of the office of the attorney general. The ENHR program
3-21 shall provide a means for employers to assist in the state's
3-22 efforts to locate absent parents who owe child support and collect
3-23 support from those parents by reporting information concerning
3-24 newly hired and rehired employees directly to the child support
3-25 enforcement program.
3-26 (b) To ensure timely receipt of information, the ENHR
3-27 program shall provide that employers participating in the program
3-28 report new hires and rehires within 10 working days of hire.
3-29 (c) The ENHR program shall apply to any person who:
3-30 (1) will be employed for more than one month's
3-31 duration;
3-32 (2) will be paid for more than 350 hours during a
3-33 continuous six-month period; or
3-34 (3) will have gross earnings of more than $300 in each
3-35 month of employment.
3-36 (d) Any employer doing business in the State of Texas may
3-37 voluntarily participate in the ENHR program by reporting to the
3-38 attorney general:
3-39 (1) the hiring of any person who resides or works in
3-40 this state to whom the employer anticipates paying earnings; or
3-41 (2) the rehiring or return to work of any employee who
3-42 was laid off, furloughed, separated, granted leave without pay, or
3-43 terminated from employment.
3-44 (e) Employers participating in the ENHR program may provide
3-45 information to the attorney general by:
3-46 (1) sending a copy of the new employee's W-4 form;
3-47 (2) completing a form supplied by the attorney
3-48 general; or
3-49 (3) any other means authorized by the attorney general
3-50 for conveying information, including electronic transmission or
3-51 delivery of data tapes containing the employee's name, address,
3-52 social security number, date of birth and salary information, and
3-53 the employer's name, address, and employer identification number.
3-54 (f) An employer participating in the ENHR program is
3-55 authorized by this section to disclose the information described
3-56 above and is not liable to the employee for such disclosure or any
3-57 subsequent use by the attorney general of the information.
3-58 (g) For information reported under the ENHR program, the
3-59 attorney general shall retain the information only if the attorney
3-60 general is responsible for establishing, enforcing, or collecting a
3-61 support obligation of debt of the employee. If the attorney
3-62 general is not responsible for establishing, enforcing, or
3-63 collecting a support obligation or debt of the employee, the
3-64 attorney general does not have to retain the information.
3-65 (h) In cooperation with the Texas Employment Commission and
3-66 representatives of the private sector, the attorney general may
3-67 develop a plan for phasing in implementation of this program,
3-68 acknowledging employer participation in the program, and
3-69 publicizing the availability of this program to Texas employers.
3-70 SECTION 7. Subsection (a), Section 11.181, Family Code, is
4-1 amended to read as follows:
4-2 (a) At the conclusion of a Title IV-D case, the court may
4-3 <shall> assess attorney fees and all <other> court costs as
4-4 authorized by law against the nonprevailing party, except that the
4-5 court may not assess those amounts against the attorney general
4-6 or<,> a private attorney or political subdivision that has entered
4-7 into a contract under Section 76.007(b), Human Resources Code, or
4-8 any party to whom <represented by> the attorney general has
4-9 provided services under this chapter. Such fees and costs shall be
4-10 as provided for all other litigants in similar cases and shall in
4-11 no way represent or be measured by administrative costs included
4-12 under the statewide plan for child support provided by Chapter 76,
4-13 Human Resources Code.
4-14 SECTION 8. All funds received from the federal government as
4-15 reimbursement for the costs of contracts entered into by the
4-16 attorney general pursuant to Subsection (d), Section 76.002, and
4-17 Subsection (b), Section 76.007, Human Resources Code, shall be in
4-18 excess of any amount appropriated to the attorney general by other
4-19 Acts of the 73rd Legislature and are hereby appropriated to the
4-20 attorney general for the purposes authorized by Chapter 76, Human
4-21 Resources Code, for the fiscal years ending August 31, 1994, and
4-22 August 31, 1995.
4-23 SECTION 9. This Act takes effect September 1, 1993.
4-24 (b) The change in law made by this Act to Section 76.007,
4-25 Human Resources Code, applies to the provision of services by an
4-26 attorney without regard to whether the services were provided
4-27 before, on, or after the effective date of this Act.
4-28 SECTION 10. The importance of this legislation and the
4-29 crowded condition of the calendars in both houses create an
4-30 emergency and an imperative public necessity that the
4-31 constitutional rule requiring bills to be read on three several
4-32 days in each house be suspended, and this rule is hereby suspended.
4-33 * * * * *
4-34 Austin,
4-35 Texas
4-36 April 20, 1993
4-37 Hon. Bob Bullock
4-38 President of the Senate
4-39 Sir:
4-40 We, your Committee on Jurisprudence to which was referred S.B. No.
4-41 291, have had the same under consideration, and I am instructed to
4-42 report it back to the Senate with the recommendation that it do not
4-43 pass, but that the Committee Substitute adopted in lieu thereof do
4-44 pass and be printed.
4-45 Henderson,
4-46 Chairman
4-47 * * * * *
4-48 WITNESSES
4-49 FOR AGAINST ON
4-50 ___________________________________________________________________
4-51 Name: Adrienne Nelson x
4-52 Representing: Tx Council on Fam. Violence
4-53 City: Austin
4-54 -------------------------------------------------------------------
4-55 Name: Howard Baldwin x
4-56 Representing: Atty General
4-57 City: Austin
4-58 -------------------------------------------------------------------
4-59 Name: Cecelia Burke x
4-60 Representing: Atty General Child Support
4-61 City: Austin
4-62 -------------------------------------------------------------------
4-63 Name: Sandy Kibby x
4-64 Representing: Texas PTA
4-65 City: Austin
4-66 -------------------------------------------------------------------
4-67 FOR AGAINST ON
4-68 ___________________________________________________________________
4-69 Name: Bee Morehead x
4-70 Representing: Comptroller
5-1 City: Austin
5-2 -------------------------------------------------------------------
5-3 Name: Shannon Noble x
5-4 Representing: Tx Women's Political Caucus
5-5 City: Austin
5-6 -------------------------------------------------------------------