By:  Henderson                                         S.B. No. 858
       73R5000 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the payment of child support to local registries and
    1-3  the Title IV-D registry for the collection of court-ordered child
    1-4  support and income withholding for child support, and to
    1-5  retroactive child support.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 11.01, Family Code, is amended by adding
    1-8  Subdivision (11) to read as follows:
    1-9              (11)  "Local registry" means an agency or entity
   1-10  operated under the authority of a district clerk, county
   1-11  government, juvenile board, juvenile probation office, domestic
   1-12  relations office, or other county agency or entity that serves a
   1-13  county or a court that has jurisdiction under this title and that:
   1-14                    (A)  receives child support payments;
   1-15                    (B)  maintains records of child support payments;
   1-16                    (C)  distributes child support payments as
   1-17  required by law; and
   1-18                    (D)  maintains custody of official child support
   1-19  payment records.
   1-20        SECTION 2.  Subchapter D, Chapter 14, Family Code, is amended
   1-21  by adding Section 14.8721 to read as follows:
   1-22        Sec. 14.8721.  TITLE IV-D REGISTRY.  The attorney general
   1-23  shall establish a registry for Title IV-D cases brought in this
   1-24  state that shall:
    2-1              (1)  receive child support payments;
    2-2              (2)  maintain a record of child support paid and any
    2-3  arrearages owed under each order;
    2-4              (3)  distribute child support payments received as
    2-5  required by law; and
    2-6              (4)  maintain custody of official child support payment
    2-7  records.
    2-8        SECTION 3.  Subchapter A, Chapter 14, Family Code, is amended
    2-9  by adding Sections 14.0501-14.0504 to read as follows:
   2-10        Sec. 14.0501.  LOCAL REGISTRIES.  (a)  A local registry shall
   2-11  receive child support payments ordered by a court or otherwise
   2-12  authorized by law and shall forward the payments, as appropriate,
   2-13  to the attorney general, a local domestic relations office, or the
   2-14  obligee within two working days after the date the local registry
   2-15  receives the payments.
   2-16        (b)  A local registry may not require an obligor, obligee, or
   2-17  other party or entity to furnish a certified copy of a court order
   2-18  as a condition of processing child support payments and shall
   2-19  accept as sufficient authority to process the payments a photocopy,
   2-20  facsimile copy, or conformed copy of the court's order.
   2-21        (c)  A local registry shall include with each payment it
   2-22  forwards to the attorney general the date it received the payment
   2-23  and the withholding date furnished by the employer.
   2-24        Sec. 14.0502.  PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
   2-25  BY ELECTRONIC FUNDS TRANSFER.  (a)  A child support payment may be
   2-26  made by electronic funds transfer to the attorney general or to a
   2-27  local registry if the registry agrees to accept electronic payment.
    3-1        (b)  A local registry may transmit child support payments to
    3-2  the attorney general by electronic funds transfer if the attorney
    3-3  general agrees to accept electronic payment.
    3-4        Sec. 14.0503.  DISPOSITION OF CHILD SUPPORT PAYMENTS.  (a)
    3-5  An order for child support rendered, modified, or enforced on or
    3-6  after January 1, 1994, shall order that child support be paid
    3-7  through a local registry or through the attorney general.
    3-8        (b)  In an action taken under Part D of Title IV of the
    3-9  federal Social Security Act (42 U.S.C. Section 651 et seq.), the
   3-10  court shall order that income withheld for child support be paid:
   3-11              (1)  to the attorney general through a local registry,
   3-12  which shall forward the payment to the attorney general; or
   3-13              (2)  directly to the attorney general.
   3-14        Sec. 14.0504.  PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
   3-15  The attorney general or a local registry may comply with a subpoena
   3-16  or other order directing the production of a child support payment
   3-17  record by sending a certified copy of the record to the court that
   3-18  directed production of the record.
   3-19        SECTION 4.  Section 11.05(h), Family Code, is amended to read
   3-20  as follows:
   3-21        (h)  During the transfer of a suit affecting the parent-child
   3-22  relationship from a court with continuing jurisdiction, the
   3-23  transferring court retains jurisdiction to enter temporary orders.
   3-24  The jurisdiction of the transferring court terminates on the
   3-25  docketing of the case in the transferee court.  The transferring
   3-26  court's local <child support> registry shall continue to receive,
   3-27  record, and disburse child support payments to the payee until
    4-1  receipt of notice that the transferred case has been docketed by
    4-2  the transferee court.  After receipt of notice of docketing, the
    4-3  transferring court's local registry shall send a certified copy of
    4-4  the child support payment record to the clerk of the transferee
    4-5  court and shall forward any payments received to the transferee
    4-6  court's local registry.
    4-7        SECTION 5.  Sections 11.06(j) and (m), Family Code, are
    4-8  amended to read as follows:
    4-9        (j)  The court transferring a proceeding shall send to the
   4-10  proper court in the county to which transfer is made the complete
   4-11  files in all matters affecting the child, certified copies of all
   4-12  entries in the minutes, a certified copy of any decree of
   4-13  dissolution of marriage issued in a suit joined with the suit
   4-14  affecting the parent-child relationship, and certified copies of
   4-15  each order issued.  The transferring court shall keep a copy of the
   4-16  transferred files.  If the transferring court retains jurisdiction
   4-17  of another child who was the subject of the suit, the court shall
   4-18  send a copy of the complete files to the court to which the
   4-19  transfer is made and shall keep the original files.  If an order
   4-20  has been rendered or writ has been issued ordering payment of child
   4-21  support to the local registry of the transferring court, that court
   4-22  shall render an order that all future payments be made to the local
   4-23  registry of the transferee court.  The clerk of the transferring
   4-24  court shall send a certified copy of the order directing payments
   4-25  to the transferee court to any party or employer affected by that
   4-26  order and to the local <child support> registry of the transferee
   4-27  court.
    5-1        (m)  On receipt of the files, documents, and orders from the
    5-2  transferring court, the clerk of the transferee court shall docket
    5-3  the suit and shall notify all parties, the clerk of the
    5-4  transferring court, and the transferring court's local registry
    5-5  that the suit has been docketed.
    5-6        SECTION 6.  Section 14.311(c), Family Code, is amended to
    5-7  read as follows:
    5-8        (c)  Payment Record.  The movant may attach to the motion a
    5-9  copy of a record of child support payments maintained by the
   5-10  attorney general or a <state or> local <child support> registry.
   5-11  If a payment record is attached, it constitutes a prima facie
   5-12  showing of the facts asserted in the payment record, subject to the
   5-13  right of the respondent to offer controverting evidence, and may be
   5-14  admitted as evidence of the truth of payments made and not made as
   5-15  shown by the payment record.
   5-16        SECTION 7.  Sections 14.43(c), (e), and (h), Family Code, are
   5-17  amended to read as follows:
   5-18        (c)  Payment.  The court shall order that income withheld for
   5-19  child support be paid through and promptly distributed by a local
   5-20  <court> registry<, a child support collection office,> or the
   5-21  attorney general<, unless the court finds that there is good cause
   5-22  to require payments to be made to another person or office>.
   5-23        (e)  Contents of Order.  An order withholding income shall
   5-24  state:
   5-25              (1)  the style, docket number, and court having
   5-26  continuing jurisdiction of the suit;
   5-27              (2)  the name, address, and, if available, the social
    6-1  security number of the obligor;
    6-2              (3)  the amount, including accrued interest, and
    6-3  duration of the child support payments;
    6-4              (4)  the name, address, and, if available, the social
    6-5  security numbers of the child and the obligee;
    6-6              (5)  the name and address of the person or agency to
    6-7  whom the payments shall be made; and
    6-8              (6)  any other matter deemed necessary to effectuate
    6-9  the order.
   6-10        The court shall order the obligor to notify the court
   6-11  promptly of any change affecting the order and that the ordered
   6-12  amount be paid to a local registry or the attorney general<, the
   6-13  court registry, or a child support collection office serving the
   6-14  court, unless the court finds there is good cause to require that
   6-15  payments be made directly to the obligee or to another person or
   6-16  office>.
   6-17        (h)  Notice and Effective Date of Order.  The employer shall
   6-18  begin to withhold income in accordance with an order issued under
   6-19  this section or a writ issued under Section 14.45 of this code no
   6-20  later than the first pay period which occurs 14 days following the
   6-21  date on which the order or writ was delivered to the employer and
   6-22  shall continue to withhold income as long as the obligor is
   6-23  employed by the employer.  An order issued under this section or a
   6-24  writ issued under Section 14.45 of this code that is delivered to
   6-25  an employer that does business in this state is binding on the
   6-26  employer without regard to whether the obligor resides or works
   6-27  outside the state.  Delivery of the order or writ to the employer
    7-1  shall be by certified or registered mail, return receipt requested,
    7-2  to the person authorized to receive service of process in civil
    7-3  cases generally, or to a person designated by the employer to
    7-4  receive notices of delinquency by written notice to the clerk of
    7-5  the appropriate court, or by the service of citation as provided by
    7-6  the Texas Rules of Civil Procedure.  After the effective date, the
    7-7  amount to be withheld shall be remitted to the person or office
    7-8  named in the order on each <regular due date or> pay date.  The
    7-9  payment shall include the date on which the withholding occurred.
   7-10        SECTION 8.  Section 14.44(d), Family Code, is amended to read
   7-11  as follows:
   7-12        (d)  Hearing on Contested Delinquency.  On filing of a motion
   7-13  to stay issuance, the clerk of court shall notify the attorney who
   7-14  filed the notice of delinquency and the court that the motion has
   7-15  been filed.  A <When a motion to stay issuance and delivery has
   7-16  been filed, a> hearing on the motion must be held within 30 days of
   7-17  its filing.  The obligor, <and> obligee, or their authorized
   7-18  representatives, and the attorney who filed the notice of
   7-19  delinquency must be notified by the clerk of court of the date,
   7-20  time, and place of the hearing.  The court must decide the
   7-21  contested delinquency and either enter an order for income
   7-22  withholding pursuant to Section 14.43 of this code or deny the
   7-23  requested relief within 45 days of the date that the notice of
   7-24  delinquency was received by the obligor.  If movant is pleading
   7-25  repeated violations of the court order, it is permissible to plead
   7-26  anticipated future violations of a similar nature that may arise
   7-27  between the filing of the motion or the notice of delinquency and
    8-1  the date of the hearing or the issuance of a writ of withholding
    8-2  from earnings for child support.  Any defect in pleadings will be
    8-3  considered waived unless respondent specially excepts in writing
    8-4  and cites with particularity the alleged defect, obscurity, or
    8-5  other ambiguity in the motion for enforcement.  Any such defensive
    8-6  pleading must be heard by the court before hearing the motion to
    8-7  stay issuance.  If any exceptions are sustained by the court, the
    8-8  movant shall be given an opportunity to replead and shall continue
    8-9  the hearing to a date certain without the requirement of additional
   8-10  service.
   8-11        SECTION 9.  Section 14.68(a), Family Code, is amended to read
   8-12  as follows:
   8-13        (a)  The order withholding income shall direct payment to be
   8-14  made to the attorney general, either directly or through a local
   8-15  registry.  The attorney general <who> shall promptly transmit the
   8-16  payments to the agency or person designated to receive them.
   8-17        SECTION 10.  Section 14.93, Family Code, is amended to read
   8-18  as follows:
   8-19        Sec. 14.93.  Duty of Local Offices and Officials to Report.
   8-20  A local domestic relations office, a local registry <child support
   8-21  collection office>, or a court official designated to receive child
   8-22  support under a court order shall report to the court or a friend
   8-23  of the court on a monthly basis:
   8-24              (1)  any delinquency and arrearage in child support
   8-25  payments; and
   8-26              (2)  any violation of a court order relating to
   8-27  possession of or access to a child.
    9-1        SECTION 11.  Section 14.971(b), Family Code, is amended to
    9-2  read as follows:
    9-3        (b)  The lien exists in favor of:
    9-4              (1)  the obligee or a private attorney representing the
    9-5  obligee;
    9-6              (2)  the attorney general in providing child support
    9-7  services pursuant to Chapter 76, Human Resources Code, and Part D
    9-8  of Title IV of the federal Social Security Act (42 U.S.C. Section
    9-9  651 et seq.);
   9-10              (3)  a local <domestic relations office, including a
   9-11  court> registry<, that has the duty to enforce or collect and
   9-12  distribute child support payments>; and
   9-13              (4)  an attorney appointed a friend of the court under
   9-14  Section 14.91 of this code.
   9-15        SECTION 12.  Section 14.053, Family Code, is amended by
   9-16  adding Subsection (l) to read as follows:
   9-17        (l)  Retroactive Child Support.  The guidelines for the
   9-18  support of a child in this chapter shall exclusively guide a court
   9-19  in determining the amount of retroactive child support, if any, to
   9-20  order under this title.  In applying the guidelines, the court
   9-21  shall attempt to determine the net resources of the obligor for the
   9-22  period for which the court is ordering retroactive child support.
   9-23  If, because of insufficient evidence, the court is unable to make
   9-24  this determination, the court shall apply the guidelines using the
   9-25  obligor's current net resources.
   9-26        SECTION 13.  Section 14.062, Family Code, is amended to read
   9-27  as follows:
   10-1        Sec. 14.062.  RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
   10-2  PUBLIC ASSISTANCE>.  (a)  This section applies to a suit affecting
   10-3  the parent-child relationship, including a suit to establish
   10-4  paternity, brought under Chapter 76, Human Resources Code, or Part
   10-5  D of Title IV of the federal Social Security Act (42 U.S.C. Section
   10-6  651 et seq.)  <The court may order either or both parents to make
   10-7  periodic payments or a lump-sum payment as child support, or both,
   10-8  as reimbursement for public assistance paid by the state for the
   10-9  support of a child under Chapter 31, Human Resources Code>.
  10-10        (b)  In a proceeding involving a child for whom the state has
  10-11  paid public assistance, the court shall order a parent who has not
  10-12  been the recipient of the public assistance to make periodic
  10-13  payments, a lump-sum payment, or both, as retroactive child support
  10-14  <Unless the state is a party to an agreement concerning support or
  10-15  purporting to settle past, present, or future support obligations
  10-16  by prepayment or otherwise, an agreement between the parties does
  10-17  not reduce or terminate any right of this state or any other state
  10-18  to recover for public assistance provided>.
  10-19        (c)  In a proceeding that does not involve a child for whom
  10-20  the state has paid public assistance, the court may order a parent
  10-21  to make periodic payments, a lump-sum payment, or both, as
  10-22  retroactive child support.
  10-23        (d)  In a proceeding in which retroactive child support is
  10-24  sought under this section, the court shall use the child support
  10-25  guidelines provided by Section 14.053 of this code.
  10-26        SECTION 14.  This Act takes effect January 1, 1994.
  10-27        SECTION 15.  The importance of this legislation and the
   11-1  crowded condition of the calendars in both houses create an
   11-2  emergency and an imperative public necessity that the
   11-3  constitutional rule requiring bills to be read on three several
   11-4  days in each house be suspended, and this rule is hereby suspended.