By:  Henderson                                         S.B. No. 858
                                 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, and to
    1-4  retroactive child support.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 14.062, Family Code, is amended to read
    1-7  as follows:
    1-8        Sec. 14.062.  RETROACTIVE CHILD SUPPORT IN TITLE IV-D CASES
    1-9  <REIMBURSEMENT FOR PUBLIC ASSISTANCE>.  (a)  This section applies
   1-10  to a suit affecting the parent-child relationship, including a suit
   1-11  to establish paternity, brought under Chapter 76, Human Resources
   1-12  Code, or Part D of Title IV, of the federal Social Security Act (42
   1-13  U.S.C. Section 651 et seq.)  <The court may order either or both
   1-14  parents to make periodic payments or a lump sum payment as child
   1-15  support, or both, as reimbursement for public assistance paid by
   1-16  the state for the support of a child under Chapter 31, Human
   1-17  Resources Code>.
   1-18        (b)  In a proceeding establishing a child support order, the
   1-19  court may order a parent to make periodic payments, a lump-sum
   1-20  payment, or both, as retroactive child support.
   1-21        (c)  Unless the state is a party to an agreement concerning
   1-22  support or purporting to settle past, present, or future support
   1-23  obligations by prepayment or otherwise, an agreement between the
   1-24  parties does not reduce or terminate any right of this state or any
    2-1  other state to recover retroactive support <for public assistance
    2-2  provided>.
    2-3        (d)  In proceedings in which retroactive support is sought
    2-4  under this section, the court shall use the child support
    2-5  guidelines provided by Section 14.053 of this code.
    2-6        SECTION 2.  Subsection (h), Sections 14.43, Family Code, is
    2-7  amended to read as follows:
    2-8        (h)  Notice and Effective Date of Order.  The employer shall
    2-9  begin to withhold income in accordance with an order issued under
   2-10  this section or a writ issued under Section 14.45 of this code no
   2-11  later than the first pay period <which occurs 14 days> following
   2-12  the date on which the order or writ was delivered to the employer
   2-13  and shall continue to withhold income as long as the obligor is
   2-14  employed by the employer.  An order issued under this section or a
   2-15  writ issued under Section 14.45 of this code that is delivered to
   2-16  an employer that does business in this state is binding upon the
   2-17  employer without regard to whether the obligor resides or works
   2-18  outside of the state.  Delivery of the order or writ to the
   2-19  employer shall be by certified or registered mail, return receipt
   2-20  requested, to the person authorized to receive service of process
   2-21  in civil cases generally, or to a person designated by the employer
   2-22  to receive notices of delinquency by written notice to the clerk of
   2-23  the appropriate court, or by the service of citation as provided by
   2-24  the Texas Rules of Civil Procedure.  After the effective date, the
   2-25  amount to be withheld shall be remitted to the person or office
   2-26  named in the order on each <regular due date or> pay date and shall
   2-27  include with such payment the date on which withholding occurred.
    3-1        SECTION 3.  Subsection (d), Section 14.44, Family Code, is
    3-2  amended to read as follows:
    3-3        (d)  Hearing on Contested Delinquency.  On filing of a motion
    3-4  to stay issuance, the clerk shall notify the attorney who filed the
    3-5  notice of delinquency and the court that such motion has been
    3-6  filed.  A <When a motion to stay issuance and delivery has been
    3-7  filed, a> hearing on the motion must be held within 30 days of its
    3-8  filing.  The obligor, <and> obligee, or their authorized
    3-9  representatives, and the attorney who filed the notice of
   3-10  delinquency must be notified by the clerk of the court of the date,
   3-11  time, and place of the hearing.  The court must decide the
   3-12  contested delinquency and either enter an order for income
   3-13  withholding pursuant to Section 14.43 of this code or deny the
   3-14  requested relief within 45 days of the date that the notice of
   3-15  delinquency was received by the obligor.  If movant is pleading
   3-16  repeated violations of the court order, it is permissible to plead
   3-17  anticipated future violations of a similar nature that may arise
   3-18  between the filing of the motion or the notice of delinquency and
   3-19  the date of the hearing or the issuance of a writ of withholding
   3-20  from earnings for child support.  Any defect in pleadings will be
   3-21  considered waived unless respondent specially excepts in writing
   3-22  and cites with particularity the alleged defect, obscurity, or
   3-23  other ambiguity in the motion for enforcement.  Any such defensive
   3-24  pleading must be heard by the court before hearing the motion to
   3-25  stay issuance.  If any exceptions are sustained by the court, the
   3-26  movant shall be given an opportunity to replead and shall continue
   3-27  the hearing to a date certain without the requirement of additional
    4-1  service.
    4-2        SECTION 4.  Subsection (a), Section 14.45, Family Code, is
    4-3  amended to read as follows:
    4-4        (a)  Issuance and Delivery.  No sooner than 20 days following
    4-5  the mailing of a notice of delinquency to the obligor by first
    4-6  class mail or 11 days after receipt of a notice of delinquency by
    4-7  the obligor by hand delivery or certified mail, if no motion to
    4-8  stay issuance of the writ has been filed, the attorney who filed
    4-9  the notice of delinquency shall file a request with the clerk of
   4-10  court to issue a writ of income withholding.  The writ shall be
   4-11  issued by the clerk and delivered by certified mail, return receipt
   4-12  requested, to the employer of the obligor to the person authorized
   4-13  to receive service of process in civil cases generally, or to a
   4-14  person designated by the employer to receive writs of withholding
   4-15  by written notice to the clerk of the appropriate court, or by the
   4-16  service of citation as provided by the Texas Rules of Civil
   4-17  Procedure.  After the effective date, the amount to be withheld
   4-18  shall be remitted to the person or office named in the writ on each
   4-19  pay date and shall include with such payment the date on which
   4-20  withholding occurred.  The writ shall be issued and mailed by the
   4-21  clerk not later than the second working day after the request is
   4-22  filed.
   4-23        SECTION 5.  This Act takes effect September 1, 1993.
   4-24        SECTION 6.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended.