By:  Rosson, Wentworth                                 S.B. No. 516
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the payment of child support to local registries and
    1-2  the Title IV-D registry for the collection of court-ordered child
    1-3  support and income withholding for child support.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.01, Family Code, is amended by adding
    1-6  Subdivision (11) to read as follows:
    1-7              (11)  "Local registry" means an agency or entity
    1-8  operated under the authority of a district clerk, county
    1-9  government, juvenile board, juvenile probation office, domestic
   1-10  relations office, or any other county agency or entity that serves
   1-11  a county or a court having jurisdiction under this title and that:
   1-12                    (A)  receives child support payments;
   1-13                    (B)  maintains records of child support payments;
   1-14                    (C)  distributes child support payments in
   1-15  accordance with the law; and
   1-16                    (D)  maintains custody of official child support
   1-17  payment records.
   1-18        SECTION 2.  Subsection (h), Section 11.05, Family Code, is
   1-19  amended to read as follows:
   1-20        (h)  During the transfer of a suit affecting the parent-child
   1-21  relationship from a court with continuing jurisdiction, the
   1-22  transferring court retains jurisdiction to enter temporary orders.
   1-23  The jurisdiction of the transferring court terminates on the
   1-24  docketing of the case in the transferee court.  The transferring
    2-1  court's local <child support> registry shall continue to receive,
    2-2  record, and disburse child support payments to the payee until
    2-3  receipt of notice that the transferred case has been docketed by
    2-4  the transferee court.  After receipt of notice of docketing, the
    2-5  transferring court's local registry shall send a certified copy of
    2-6  the child support payment record to the clerk of the transferee
    2-7  court and shall forward any payments received to the transferee
    2-8  court's local registry.
    2-9        SECTION 3.  Subsections (j) and (m), Section 11.06, Family
   2-10  Code, are amended to read as follows:
   2-11        (j)  The court transferring a proceeding shall send to the
   2-12  proper court in the county to which transfer is made the complete
   2-13  files in all matters affecting the child, certified copies of all
   2-14  entries in the minutes, a certified copy of any decree of
   2-15  dissolution of marriage issued in a suit joined with the suit
   2-16  affecting the parent-child relationship, and certified copies of
   2-17  each order issued.  The transferring court shall keep a copy of the
   2-18  transferred files.  If the transferring court retains jurisdiction
   2-19  of another child who was the subject of the suit, the court shall
   2-20  send a copy of the complete files to the court to which the
   2-21  transfer is made and shall keep the original files. If an order has
   2-22  been rendered or writ has been issued ordering payment of child
   2-23  support to the local registry of the transferring court, that court
   2-24  shall render an order that all future payments be made to the local
   2-25  registry of the transferee court.  The clerk of the transferring
   2-26  court shall send a certified copy of the order directing payments
   2-27  to the transferee court to any party or employer affected by that
    3-1  order and to the local <child support> registry of the transferee
    3-2  court.
    3-3        (m)  On receipt of the files, documents, and orders from the
    3-4  transferring court, the clerk of the transferee court shall docket
    3-5  the suit and shall notify all parties, the clerk of the
    3-6  transferring court, and the transferring court's local registry
    3-7  that the suit has been docketed.
    3-8        SECTION 4.  Subchapter A, Chapter 14, Family Code, is amended
    3-9  by adding Sections 14.0501 through 14.0504 to read as follows:
   3-10        Sec. 14.0501.  LOCAL REGISTRIES.  (a)  A local registry shall
   3-11  receive child support payments ordered by a court or as otherwise
   3-12  authorized by law and shall forward the payments, as appropriate,
   3-13  to the attorney general, a local domestic relations office, or the
   3-14  obligee within two working days after the date the local registry
   3-15  receives the payments.
   3-16        (b)  A local registry may not require an obligor, obligee, or
   3-17  other party or entity to furnish a certified copy of a court order
   3-18  as a condition of processing child support payments and shall
   3-19  accept as sufficient authority to process payments a photocopy,
   3-20  facsimile copy, or conformed copy of the court's order.
   3-21        (c)  A local registry shall include with each payment it
   3-22  forwards to the attorney general the date it received the payment
   3-23  and the withholding date furnished by the employer.
   3-24        (d)  A local registry shall accept child support payments
   3-25  made by personal check, money order, or cashier's check.  A local
   3-26  registry may refuse payment by personal check when a pattern of
   3-27  abuse regarding the use of personal checks has been established.
    4-1  Abuse is defined to include checks drawn on insufficient funds,
    4-2  abusive or offensive language written on the check, intentional
    4-3  mutilation of the instrument, or other actions which delay or
    4-4  disrupt the registry's operation.
    4-5        Sec. 14.0502.  PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS.
    4-6  (a)  A child support payment may be made by electronic funds
    4-7  transfer to the attorney general or to a local registry if the
    4-8  registry agrees to accept electronic payment.
    4-9        (b)  A local registry may transmit child support payments to
   4-10  the attorney general by electronic funds transfer if the attorney
   4-11  general agrees to accept electronic payment.
   4-12        Sec. 14.0503.  DISPOSITION OF CHILD SUPPORT PAYMENTS.
   4-13  (a)  Except as agreed by the parties, an order for the periodic
   4-14  payment of child support, including an order requiring payments on
   4-15  child support arrears, rendered, modified, or enforced on or after
   4-16  January 1, 1994, shall order that child support be paid through a
   4-17  local registry or through the attorney general.
   4-18        (b)  In an action taken pursuant to Part D of Title IV of the
   4-19  federal Social Security Act (42 U.S.C. Section 651 et seq.) the
   4-20  court shall order that income withheld for child support be paid:
   4-21              (1)  to the attorney general through a local registry,
   4-22  which shall forward the payment to the attorney general; or
   4-23              (2)  directly to the attorney general.
   4-24        Sec. 14.0504.  PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
   4-25  The attorney general or a local registry may comply with a subpoena
   4-26  or other order directing the production of a child support payment
   4-27  record by sending a certified copy of the payment record to the
    5-1  court that directed production of the record.
    5-2        SECTION 5.  Subsection (c), Section 14.311, Family Code, is
    5-3  amended to read as follows:
    5-4        (c)  Payment Record.  The movant may attach to the motion a
    5-5  copy of a record of child support payments maintained by the
    5-6  attorney general or a <state or> local <child support> registry.
    5-7  If a payment record is attached, it constitutes a prima facie
    5-8  showing of the facts asserted in the payment record, subject to the
    5-9  right of the respondent to offer controverting evidence, and may be
   5-10  admitted as evidence of the truth of payments made and not made as
   5-11  shown by the payment record.
   5-12        SECTION 6.  Subsections (c) and (e), Section 14.43, Family
   5-13  Code, are amended to read as follows:
   5-14        (c)  Payment.  The court shall order that income withheld for
   5-15  child support be paid through and promptly distributed by a local
   5-16  <court> registry<, a child support collection office,> or the
   5-17  attorney general<, unless the court finds that there is good cause
   5-18  to require payments to be made to another person or office>.
   5-19        (e)  Contents of Order.  An order withholding income shall
   5-20  state:
   5-21              (1)  the style, docket number, and court having
   5-22  continuing jurisdiction of the suit;
   5-23              (2)  the name, address, and, if available, the social
   5-24  security number of the obligor;
   5-25              (3)  the amount, including accrued interest, and
   5-26  duration of the child support payments;
   5-27              (4)  the name, address, and, if available, the social
    6-1  security numbers of the child and the obligee;
    6-2              (5)  the name and address of the person or agency to
    6-3  whom the payments shall be made; and
    6-4              (6)  any other matter deemed necessary to effectuate
    6-5  the order.
    6-6        The court shall order the obligor to notify the court
    6-7  promptly of any change affecting the order and that the ordered
    6-8  amount be paid to a local registry or the attorney general<, the
    6-9  court registry, or a child support collection office serving the
   6-10  court, unless the court finds there is good cause to require that
   6-11  payments be made directly to the obligee or to another person or
   6-12  office>.
   6-13        SECTION 7.  Subsection (a), Section 14.68, Family Code, is
   6-14  amended to read as follows:
   6-15        (a)  The order withholding income shall direct payment to be
   6-16  made to the attorney general, either directly or through a local
   6-17  registry.  The attorney general <who> shall promptly transmit the
   6-18  payments to the agency or person designated to receive them.
   6-19        SECTION 8.  Subchapter D, Chapter 14, Family Code, is amended
   6-20  by adding Section 14.87 to read as follows:
   6-21        Sec. 14.87.  TITLE IV-D REGISTRY.  The attorney general shall
   6-22  establish a registry for Title IV-D cases brought in this state
   6-23  that shall:
   6-24              (1)  receive child support payments;
   6-25              (2)  maintain a record of child support paid and any
   6-26  arrearages owed under each order;
   6-27              (3)  distribute child support payments received as
    7-1  required by law; and
    7-2              (4)  maintain custody of official child support payment
    7-3  records.
    7-4        SECTION 9.  Section 14.93, Family Code, is amended to read as
    7-5  follows:
    7-6        Sec. 14.93.  Duty of Local Offices and Officials to Report. A
    7-7  local domestic relations office, a local registry <child support
    7-8  collection office>, or a court official designated to receive child
    7-9  support under a court order shall, if ordered by the court, report
   7-10  to the court or a friend of the court on a monthly basis:
   7-11              (1)  any delinquency and arrearage in child support
   7-12  payments; and
   7-13              (2)  any violation of a court order relating to
   7-14  possession of or access to a child.
   7-15        SECTION 10.  Subsection (b), Section 14.971, Family Code, is
   7-16  amended to read as follows:
   7-17        (b)  The lien exists in favor of:
   7-18              (1)  the obligee or a private attorney representing the
   7-19  obligee;
   7-20              (2)  the attorney general in providing child support
   7-21  services pursuant to Chapter 76, Human Resources Code, and Part D
   7-22  of Title IV of the federal Social Security Act (42 U.S.C. Section
   7-23  651 et seq.);
   7-24              (3)  a domestic relations office or local<, including a
   7-25  court> registry<, that has the duty to enforce or collect and
   7-26  distribute child support payments>; and
   7-27              (4)  an attorney appointed a friend of the court under
    8-1  Section 14.91 of this code.
    8-2        SECTION 11.  (a)  The change in law made by this Act by
    8-3  Subsection (a), Section 14.0503, Family Code, as added by this Act,
    8-4  takes effect January 1, 1994.
    8-5        (b)  The remaining sections of this Act take effect
    8-6  September 1, 1993.
    8-7        SECTION 12.  The importance of this legislation and the
    8-8  crowded condition of the calendars in both houses create an
    8-9  emergency and an imperative public necessity that the
   8-10  constitutional rule requiring bills to be read on three several
   8-11  days in each house be suspended, and this rule is hereby suspended.