1-1 By: Rosson, Wentworth S.B. No. 516
1-2 (In the Senate - Filed March 1, 1993; March 1, 1993, read
1-3 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 4, 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. 516 By: Harris of Tarrant
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the payment of child support to local registries and
1-20 the Title IV-D registry for the collection of court-ordered child
1-21 support and income withholding for child support.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 11.01, Family Code, is amended by adding
1-24 Subdivision (11) to read as follows:
1-25 (11) "Local registry" means an agency or entity
1-26 operated under the authority of a district clerk, county
1-27 government, juvenile board, juvenile probation office, domestic
1-28 relations office, or any other county agency or entity that serves
1-29 a county or court having jurisdiction under this title and that:
1-30 (A) receives child support payments;
1-31 (B) maintains records of child support payments;
1-32 (C) distributes child support payments in
1-33 accordance with the law; and
1-34 (D) maintains custody of official child support
1-35 payment records.
1-36 SECTION 2. Subsection (h), Section 11.05, Family Code, is
1-37 amended to read as follows:
1-38 (h) During the transfer of a suit affecting the parent-child
1-39 relationship from a court with continuing jurisdiction, the
1-40 transferring court retains jurisdiction to enter temporary orders.
1-41 The jurisdiction of the transferring court terminates on the
1-42 docketing of the case in the transferee court. The transferring
1-43 court's local <child support> registry shall continue to receive,
1-44 record, and disburse child support payments to the payee until
1-45 receipt of notice that the transferred case has been docketed by
1-46 the transferee court. After receipt of notice of docketing, the
1-47 transferring court's local registry shall send a certified copy of
1-48 the child support payment record to the clerk of the transferee
1-49 court and shall forward any payments received to the transferee
1-50 court's local registry.
1-51 SECTION 3. Subsections (j) and (m), Section 11.06, Family
1-52 Code, are amended to read as follows:
1-53 (j) The court transferring a proceeding shall send to the
1-54 proper court in the county to which transfer is made the complete
1-55 files in all matters affecting the child, certified copies of all
1-56 entries in the minutes, a certified copy of any decree of
1-57 dissolution of marriage issued in a suit joined with the suit
1-58 affecting the parent-child relationship, and certified copies of
1-59 each order issued. The transferring court shall keep a copy of the
1-60 transferred files. If the transferring court retains jurisdiction
1-61 of another child who was the subject of the suit, the court shall
1-62 send a copy of the complete files to the court to which the
1-63 transfer is made and shall keep the original files. If an order has
1-64 been rendered or writ has been issued ordering payment of child
1-65 support to the local registry of the transferring court, that court
1-66 shall render an order that all future payments be made to the local
1-67 registry of the transferee court. The clerk of the transferring
1-68 court shall send a certified copy of the order directing payments
2-1 to the transferee court to any party or employer affected by that
2-2 order and to the local <child support> registry of the transferee
2-3 court.
2-4 (m) On receipt of the files, documents, and orders from the
2-5 transferring court, the clerk of the transferee court shall docket
2-6 the suit and shall notify all parties, the clerk of the
2-7 transferring court, and the transferring court's local registry
2-8 that the suit has been docketed.
2-9 SECTION 4. Subchapter A, Chapter 14, Family Code, is amended
2-10 by adding Sections 14.0501 through 14.0504 to read as follows:
2-11 Sec. 14.0501. LOCAL REGISTRIES. (a) A local registry shall
2-12 receive child support payments ordered by a court or as otherwise
2-13 authorized by law and shall forward the payments, as appropriate,
2-14 to the attorney general, a local domestic relations office, or the
2-15 obligee within two working days after the date the local registry
2-16 receives the payments.
2-17 (b) A local registry may not require an obligor, obligee, or
2-18 other party or entity to furnish a certified copy of a court order
2-19 as a condition of processing child support payments and shall
2-20 accept as sufficient authority to process payments a photocopy,
2-21 facsimile copy, or conformed copy of the court's order.
2-22 (c) A local registry shall include with each payment it
2-23 forwards to the attorney general the date it received the payment
2-24 and the withholding date furnished by the employer.
2-25 (d) A local registry shall accept child support payments
2-26 made by personal checks, money orders, or cashier's check. A local
2-27 registry may refuse payment by personal check when a pattern of
2-28 abuse regarding the use of personal checks has been established.
2-29 Abuse is defined to include checks drawn on insufficient funds,
2-30 abusive or offensive language written on the check, intentional
2-31 mutilation of the instrument, or other actions which delay or
2-32 disrupt the registry's operation.
2-33 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS.
2-34 (a) A child support payment may be made by electronic funds
2-35 transfer to the attorney general or to a local registry if the
2-36 registry agrees to accept electronic payment.
2-37 (b) A local registry may transmit child support payments to
2-38 the attorney general by electronic funds transfer if the attorney
2-39 general agrees to accept electronic payment.
2-40 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS.
2-41 (a) An order for the periodic payment of child support, including
2-42 an order requiring payments on child support arrears, rendered,
2-43 modified, or enforced on or after January 1, 1994, shall order that
2-44 child support be paid through a local registry or through the
2-45 attorney general.
2-46 (b) In an action taken pursuant to Part D of Title IV of the
2-47 federal Social Security Act (42 U.S.C. Section 651 et seq.) the
2-48 court shall order that income withheld for child support be paid:
2-49 (1) to the attorney general through a local registry,
2-50 which shall forward the payment to the attorney general; or
2-51 (2) directly to the attorney general.
2-52 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
2-53 The attorney general or a local registry may comply with a subpoena
2-54 or other order directing the production of a child support payment
2-55 record by sending a certified copy of the payment record to the
2-56 court that directed production of the record.
2-57 SECTION 5. Subsection (c), Section 14.311, Family Code, is
2-58 amended to read as follows:
2-59 (c) Payment Record. The movant may attach to the motion a
2-60 copy of a record of child support payments maintained by the
2-61 attorney general or a <state or> local <child support> registry.
2-62 If a payment record is attached, it constitutes a prima facie
2-63 showing of the facts asserted in the payment record, subject to the
2-64 right of the respondent to offer controverting evidence, and may be
2-65 admitted as evidence of the truth of payments made and not made as
2-66 shown by the payment record.
2-67 SECTION 6. Subsections (c) and (e), Section 14.43, Family
2-68 Code, are amended to read as follows:
2-69 (c) Payment. The court shall order that income withheld for
2-70 child support be paid through and promptly distributed by a local
3-1 <court> registry<, a child support collection office,> or the
3-2 attorney general<, unless the court finds that there is good cause
3-3 to require payments to be made to another person or office>.
3-4 (e) Contents of Order. An order withholding income shall
3-5 state:
3-6 (1) the style, docket number, and court having
3-7 continuing jurisdiction of the suit;
3-8 (2) the name, address, and, if available, the social
3-9 security number of the obligor;
3-10 (3) the amount, including accrued interest, and
3-11 duration of the child support payments;
3-12 (4) the name, address, and, if available, the social
3-13 security numbers of the child and the obligee;
3-14 (5) the name and address of the person or agency to
3-15 whom the payments shall be made; and
3-16 (6) any other matter deemed necessary to effectuate
3-17 the order.
3-18 The court shall order the obligor to notify the court
3-19 promptly of any change affecting the order and that the ordered
3-20 amount be paid to a local registry or the attorney general<, the
3-21 court registry, or a child support collection office serving the
3-22 court, unless the court finds there is good cause to require that
3-23 payments be made directly to the obligee or to another person or
3-24 office>.
3-25 SECTION 7. Subsection (a), Section 14.68, Family Code, is
3-26 amended to read as follows:
3-27 (a) The order withholding income shall direct payment to be
3-28 made to the attorney general, either directly or through a local
3-29 registry. The attorney general <who> shall promptly transmit the
3-30 payments to the agency or person designated to receive them.
3-31 SECTION 8. Subchapter D, Chapter 14, Family Code, is amended
3-32 by adding Section 14.87 to read as follows:
3-33 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
3-34 establish a registry for Title IV-D cases brought in this state
3-35 that shall:
3-36 (1) receive child support payments;
3-37 (2) maintain a record of child support paid and any
3-38 arrearages owed under each order;
3-39 (3) distribute child support payments received as
3-40 required by law; and
3-41 (4) maintain custody of official child support payment
3-42 records.
3-43 SECTION 9. Section 14.93, Family Code, is amended to read as
3-44 follows:
3-45 Sec. 14.93. Duty of Local Offices and Officials to Report. A
3-46 local domestic relations office, a local registry <child support
3-47 collection office>, or a court official designated to receive child
3-48 support under a court order shall, if ordered by the court, report
3-49 to the court or a friend of the court on a monthly basis:
3-50 (1) any delinquency and arrearage in child support
3-51 payments; and
3-52 (2) any violation of a court order relating to
3-53 possession of or access to a child.
3-54 SECTION 10. Subsection (b), Section 14.971, Family Code, is
3-55 amended to read as follows:
3-56 (b) The lien exists in favor of:
3-57 (1) the obligee or a private attorney representing the
3-58 obligee;
3-59 (2) the attorney general in providing child support
3-60 services pursuant to Chapter 76, Human Resources Code, and Part D
3-61 of Title IV of the federal Social Security Act (42 U.S.C. Section
3-62 651 et seq.);
3-63 (3) a domestic relations office or local<, including a
3-64 court> registry<, that has the duty to enforce or collect and
3-65 distribute child support payments>; and
3-66 (4) an attorney appointed a friend of the court under
3-67 Section 14.91 of this code.
3-68 SECTION 11. (a) The change in law made by this Act by
3-69 Subsection (a), Section 14.0503, Family Code, as added by this Act,
3-70 takes effect January 1, 1994.
4-1 (b) The remaining sections of this Act take effect
4-2 September 1, 1993.
4-3 SECTION 12. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.
4-8 * * * * *
4-9 Austin,
4-10 Texas
4-11 April 20, 1993
4-12 Hon. Bob Bullock
4-13 President of the Senate
4-14 Sir:
4-15 We, your Committee on Jurisprudence to which was referred S.B. No.
4-16 516, have had the same under consideration, and I am instructed to
4-17 report it back to the Senate with the recommendation that it do not
4-18 pass, but that the Committee Substitute adopted in lieu thereof do
4-19 pass and be printed.
4-20 Henderson,
4-21 Chairman
4-22 * * * * *
4-23 WITNESSES
4-24 FOR AGAINST ON
4-25 ___________________________________________________________________
4-26 Name: Bruce Elfant x
4-27 Representing: Travis Cty Constable
4-28 City: Austin
4-29 -------------------------------------------------------------------
4-30 Name: Howard Baldwin x
4-31 Representing: Atty General
4-32 City: Austin
4-33 -------------------------------------------------------------------
4-34 Name: Sandy Kibby x
4-35 Representing: Tx PTA
4-36 City: Austin
4-37 -------------------------------------------------------------------
4-38 Name: Bee Morehead x
4-39 Representing: Comptroller
4-40 City: Austin
4-41 -------------------------------------------------------------------
4-42 Name: Shannon Noble x
4-43 Representing: Tx Women's Political Caucus
4-44 City: Austin
4-45 -------------------------------------------------------------------
4-46 Name: Cecelia Burke x
4-47 Representing: Atty General/Child Support
4-48 City: Austin
4-49 -------------------------------------------------------------------
4-50 Name: Adrienne Nelson x
4-51 Representing: Tx Council On Family Violence
4-52 City: Austin
4-53 -------------------------------------------------------------------