By:  Wentworth                                         S.B. No. 950
       73R3469 MJW-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the payment of child support to local registries and a
    1-3  state registry for the collection of court-ordered 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  Subdivisions (11) and (12) 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 other county agency or entity that serves a
   1-11  county or a court that has 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 as
   1-15  required by law; and
   1-16                    (D)  maintains custody of official child support
   1-17  payment records.
   1-18              (12)  "State registry" means the registry established
   1-19  by the attorney general under Section 14.8721 of this code.
   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.  STATE REGISTRY.  The attorney general shall
   1-23  establish a state registry for Title IV-D cases brought in this
   1-24  state that shall:
    2-1              (1)  record child support orders entered, modified, or
    2-2  enforced;
    2-3              (2)  receive child support payments;
    2-4              (3)  maintain a record of child support paid and any
    2-5  arrearages owed under each order;
    2-6              (4)  distribute child support payments received as
    2-7  required by law; and
    2-8              (5)  maintain custody of official child support payment
    2-9  records.
   2-10        SECTION 3.  Subchapter A, Chapter 14, Family Code, is amended
   2-11  by adding Sections 14.0501-14.0504 to read as follows:
   2-12        Sec. 14.0501.  LOCAL REGISTRIES.  (a)  A local registry shall
   2-13  receive child support payments ordered by a court or otherwise
   2-14  authorized by law and shall forward the payments, as appropriate,
   2-15  to the state registry, a local domestic relations office, or the
   2-16  obligee within two working days after the date the local registry
   2-17  receives the payments.
   2-18        (b)  A local registry may not require an obligor, obligee, or
   2-19  other party or entity to furnish a certified copy of a court order
   2-20  as a condition of processing child support payments and shall
   2-21  accept as sufficient authority to process the payments a photocopy,
   2-22  facsimile copy, or conformed copy of the court's order.
   2-23        (c)  A local registry shall include with each payment it
   2-24  forwards to the state registry the date it received the payment and
   2-25  the withholding date furnished by the employer.
   2-26        Sec. 14.0502.  PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
   2-27  BY ELECTRONIC FUNDS TRANSFER.  (a)  A child support payment may be
    3-1  made by electronic funds transfer to the state registry or to a
    3-2  local registry if the registry agrees to accept electronic payment.
    3-3        (b)  A local registry may transmit child support payments to
    3-4  the state registry by electronic funds transfer if the state
    3-5  registry agrees to accept electronic payment.
    3-6        Sec. 14.0503.  DISPOSITION OF CHILD SUPPORT PAYMENTS.  (a)
    3-7  An order for child support rendered, modified, or enforced on or
    3-8  after January 1, 1994, shall order that child support be paid
    3-9  through a local registry or through the state registry.
   3-10        (b)  In an action taken under Part D of Title IV of the
   3-11  federal Social Security Act (42 U.S.C. Section 651 et seq.), the
   3-12  court shall order that income withheld for child support be paid:
   3-13              (1)  to the attorney general through a local registry,
   3-14  which shall forward the payment to the state registry; or
   3-15              (2)  directly to the state registry.
   3-16        Sec. 14.0504.  PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
   3-17  The state registry or a local registry may comply with a subpoena
   3-18  or other order directing the production of a child support payment
   3-19  record by sending a certified copy of the record to the court that
   3-20  directed production of the record.
   3-21        SECTION 4.  Section 11.05(h), Family Code, is amended to read
   3-22  as follows:
   3-23        (h)  During the transfer of a suit affecting the parent-child
   3-24  relationship from a court with continuing jurisdiction, the
   3-25  transferring court retains jurisdiction to enter temporary orders.
   3-26  The jurisdiction of the transferring court terminates on the
   3-27  docketing of the case in the transferee court.  The transferring
    4-1  court's local <child support> registry shall continue to receive,
    4-2  record, and disburse child support payments to the payee until
    4-3  receipt of notice that the transferred case has been docketed by
    4-4  the transferee court.  After receipt of notice of docketing, the
    4-5  transferring court's local registry shall send a certified copy of
    4-6  the child support payment record to the clerk of the transferee
    4-7  court and shall forward any payments received to the transferee
    4-8  court's local registry.
    4-9        SECTION 5.  Sections 11.06(j) and (m), Family Code, are
   4-10  amended to read as follows:
   4-11        (j)  The court transferring a proceeding shall send to the
   4-12  proper court in the county to which transfer is made the complete
   4-13  files in all matters affecting the child, certified copies of all
   4-14  entries in the minutes, a certified copy of any decree of
   4-15  dissolution of marriage issued in a suit joined with the suit
   4-16  affecting the parent-child relationship, and certified copies of
   4-17  each order issued.  The transferring court shall keep a copy of the
   4-18  transferred files.  If the transferring court retains jurisdiction
   4-19  of another child who was the subject of the suit, the court shall
   4-20  send a copy of the complete files to the court to which the
   4-21  transfer is made and shall keep the original files. If an order has
   4-22  been rendered or writ has been issued ordering payment of child
   4-23  support to the local registry of the transferring court, that court
   4-24  shall render an order that all future payments be made to the local
   4-25  registry of the transferee court.  The clerk of the transferring
   4-26  court shall send a certified copy of the order directing payments
   4-27  to the transferee court to any party or employer affected by that
    5-1  order and to the local <child support> registry of the transferee
    5-2  court.
    5-3        (m)  On receipt of the files, documents, and orders from the
    5-4  transferring court, the clerk of the transferee court shall docket
    5-5  the suit and shall notify all parties, the clerk of the
    5-6  transferring court, and the transferring court's local registry
    5-7  that the suit has been docketed.
    5-8        SECTION 6.  Section 14.311(c), Family Code, is amended to
    5-9  read as follows:
   5-10        (c)  Payment Record.  The movant may attach to the motion a
   5-11  copy of a record of child support payments maintained by the <a>
   5-12  state registry or a local <child support> registry.  If a payment
   5-13  record is attached, it constitutes a prima facie showing of the
   5-14  facts asserted in the payment record, subject to the right of the
   5-15  respondent to offer controverting evidence, and may be admitted as
   5-16  evidence of the truth of payments made and not made as shown by the
   5-17  payment record.
   5-18        SECTION 7.  Sections 14.43(c) and (e), Family Code, are
   5-19  amended to read as follows:
   5-20        (c)  Payment.  The court shall order that income withheld for
   5-21  child support be paid through and promptly distributed by a local
   5-22  <court> registry<, a child support collection office,> or the state
   5-23  registry <attorney general, unless the court finds that there is
   5-24  good cause to require payments to be made to another person or
   5-25  office>.
   5-26        (e)  Contents of Order.  An order withholding income shall
   5-27  state:
    6-1              (1)  the style, docket number, and court having
    6-2  continuing jurisdiction of the suit;
    6-3              (2)  the name, address, and, if available, the social
    6-4  security number of the obligor;
    6-5              (3)  the amount, including accrued interest, and
    6-6  duration of the child support payments;
    6-7              (4)  the name, address, and, if available, the social
    6-8  security numbers of the child and the obligee;
    6-9              (5)  the name and address of the person or agency to
   6-10  whom the payments shall be made; and
   6-11              (6)  any other matter deemed necessary to effectuate
   6-12  the order.
   6-13        The court shall order the obligor to notify the court
   6-14  promptly of any change affecting the order and that the ordered
   6-15  amount be paid to a local registry or the state registry <attorney
   6-16  general, the court registry, or a child support collection office
   6-17  serving the court, unless the court finds there is good cause to
   6-18  require that payments be made directly to the obligee or to another
   6-19  person or office>.
   6-20        SECTION 8.  Section 14.68(a), Family Code, is amended to read
   6-21  as follows:
   6-22        (a)  The order withholding income shall direct payment to be
   6-23  made to the attorney general through the state registry, which
   6-24  <who> shall promptly transmit the payments to the agency or person
   6-25  designated to receive them.
   6-26        SECTION 9.  Section 14.93, Family Code, is amended to read as
   6-27  follows:
    7-1        Sec. 14.93.  Duty of Local Offices and Officials to Report.
    7-2  A local domestic relations office, a local registry <child support
    7-3  collection office>, or a court official designated to receive child
    7-4  support under a court order shall report to the court or a friend
    7-5  of the court on a monthly basis:
    7-6              (1)  any delinquency and arrearage in child support
    7-7  payments; and
    7-8              (2)  any violation of a court order relating to
    7-9  possession of or access to a child.
   7-10        SECTION 10.  Section 14.971(b), Family Code, is amended to
   7-11  read as follows:
   7-12        (b)  The lien exists in favor of:
   7-13              (1)  the obligee or a private attorney representing the
   7-14  obligee;
   7-15              (2)  the attorney general in providing child support
   7-16  services pursuant to Chapter 76, Human Resources Code, and Part D
   7-17  of Title IV of the federal Social Security Act (42 U.S.C. Section
   7-18  651 et seq.);
   7-19              (3)  a local <domestic relations office, including a
   7-20  court> registry<, that has the duty to enforce or collect and
   7-21  distribute child support payments>; and
   7-22              (4)  an attorney appointed a friend of the court under
   7-23  Section 14.91 of this code.
   7-24        SECTION 11.  This Act takes effect January 1, 1994.
   7-25        SECTION 12.  The importance of this legislation and the
   7-26  crowded condition of the calendars in both houses create an
   7-27  emergency and an imperative public necessity that the
    8-1  constitutional rule requiring bills to be read on three several
    8-2  days in each house be suspended, and this rule is hereby suspended.