By: Harris, Chris S.B. No. 1405
73R9341 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement, collection, and withholding of income
1-3 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 other county agency or entity that serves a
1-11 county or a court that has jurisdiction under this title and that:
1-12 (1) receives child support payments;
1-13 (2) maintains records of child support payments;
1-14 (3) distributes child support payments as
1-15 required by law; and
1-16 (4) maintains custody of official child support
1-17 payment records.
1-18 SECTION 2. Section 11.05(h), Family Code, is amended to read
1-19 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. Sections 11.06(j) and (m), Family Code, are
2-10 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
2-22 has 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 14.0501-14.0504 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 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 the 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 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
3-25 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
3-26 made by electronic funds transfer to the attorney general or to a
3-27 local registry if the registry agrees to accept electronic payment.
4-1 (b) A local registry may transmit child support payments to
4-2 the attorney general by electronic funds transfer if the attorney
4-3 general agrees to accept electronic payment.
4-4 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS. (a)
4-5 An order for child support rendered, modified, or enforced on or
4-6 after January 1, 1994, shall order that child support be paid
4-7 through a local registry or through the attorney general.
4-8 (b) In an action taken under Part D of Title IV of the
4-9 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
4-10 court shall order that income withheld for child support be paid:
4-11 (1) to the attorney general through a local registry,
4-12 which shall forward the payment to the attorney general; or
4-13 (2) directly to the attorney general.
4-14 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
4-15 The attorney general or a local registry may comply with a subpoena
4-16 or other order directing the production of a child support payment
4-17 record by sending a certified copy of the record to the court that
4-18 directed production of the record.
4-19 SECTION 5. Section 14.062, Family Code, is amended to read
4-20 as follows:
4-21 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
4-22 PUBLIC ASSISTANCE>. (a) This section applies to a suit affecting
4-23 the parent-child relationship, including a suit to establish
4-24 paternity, brought under Chapter 76, Human Resources Code, or Part
4-25 D of Title IV of the federal Social Security Act (42 U.S.C. Section
4-26 651 et seq.) <The court may order either or both parents to make
4-27 periodic payments or a lump-sum payment as child support, or both,
5-1 as reimbursement for public assistance paid by the state for the
5-2 support of a child under Chapter 31, Human Resources Code>.
5-3 (b) In a proceeding establishing a child support order, the
5-4 court may order a parent to make periodic payments, a lump-sum
5-5 payment, or both, as retroactive child support.
5-6 (c) Unless the state is a party to an agreement concerning
5-7 support or purporting to settle past, present, or future support
5-8 obligations by prepayment or otherwise, an agreement between the
5-9 parties does not reduce or terminate any right of this state or any
5-10 other state to recover retroactive support <for public assistance
5-11 provided>.
5-12 (d) In a proceeding in which retroactive child support is
5-13 sought under this section, the court shall use the child support
5-14 guidelines provided by Section 14.053 of this code.
5-15 SECTION 6. Sections 14.30(a)(1) and (3), Family Code, are
5-16 amended to read as follows:
5-17 (1) "Earnings" means compensation paid or payable for
5-18 personal services, whether denominated as wages, salary,
5-19 compensation received as an independent contractor, overtime pay,
5-20 severance pay, commission, bonus, or otherwise, and includes
5-21 periodic payments pursuant to a pension, annuity, workers'
5-22 compensation, disability and retirement program, and unemployment
5-23 benefits.
5-24 (3) "Employer" means any person, including the United
5-25 States and any governmental entity as defined by Section 11.01 of
5-26 this code. "Person" shall include but is not limited to
5-27 individuals, workers' compensation insurance carriers,
6-1 partnerships, and corporations.
6-2 SECTION 7. Section 14.311(c), Family Code, is amended to
6-3 read as follows:
6-4 (c) Payment Record. The movant may attach to the motion a
6-5 copy of a record of child support payments maintained by the
6-6 attorney general or a <state or> local <child support> registry.
6-7 If a payment record is attached, it constitutes a prima facie
6-8 showing of the facts asserted in the payment record, subject to the
6-9 right of the respondent to offer controverting evidence, and may be
6-10 admitted as evidence of the truth of payments made and not made as
6-11 shown by the payment record.
6-12 SECTION 8. Section 14.318, Family Code, is amended by
6-13 amending Subsections (d) and (e) and by adding Subsection (f) to
6-14 read as follows:
6-15 (d) Cash Bond as Support. If a cash bond has been posted
6-16 and the respondent <appears at the hearing as directed and if the
6-17 respondent> is found to be in arrears in the payment of
6-18 court-ordered <contempt for failure to pay> child support <as
6-19 ordered>, the court shall order that the proceeds of <the
6-20 respondent to execute an assignment of> the cash bond be paid to
6-21 the child support obligee or to a person designated by the court up
6-22 to the amount of any child support arrearages determined to exist.
6-23 This subsection applies without regard to whether the respondent
6-24 appears at the hearing.
6-25 (e) Appearance Bond or Security Other Than Cash Bond as
6-26 Support. If the respondent fails to appear at the hearing as
6-27 directed, the court shall order that <and> the appearance bond or
7-1 security be <has been> forfeited and that <if the respondent has
7-2 been found to be in contempt for failure to pay child support as
7-3 ordered,> the proceeds of any judgment on the bond or security
7-4 <shall> be paid to the obligee or to a person designated by the
7-5 court up to the amount of any child support arrearages determined
7-6 to exist. The obligee may bring suit on the bond.
7-7 (f) Cash Bond Treated as Property of Respondent. A court
7-8 shall treat a cash bond posted for the benefit of the respondent
7-9 under this section as the property of the respondent. The person
7-10 who posts the cash bond does not have recourse in relation to any
7-11 order that the court may make regarding the bond.
7-12 SECTION 9. Section 14.33(a), Family Code, is amended to read
7-13 as follows:
7-14 (a) Contents. An enforcement order shall contain findings
7-15 setting out in ordinary and concise language the provisions of the
7-16 final order, decree, or judgment for which enforcement was sought,
7-17 the acts or omissions that are the subject of the order, the manner
7-18 of noncompliance, and the relief awarded by the court. If the
7-19 order imposes incarceration or a fine, an enforcement order must
7-20 contain findings setting out specifically and with particularity or
7-21 incorporating by reference the provisions of the final order,
7-22 decree, or judgment for which enforcement was sought and the
7-23 <time,> date<, and place> of each occasion on which the respondent
7-24 failed to comply with the provision and setting out the relief
7-25 awarded by the court.
7-26 SECTION 10. Section 14.41, Family Code, is amended to read
7-27 as follows:
8-1 Sec. 14.41. JUDGMENT FOR DELINQUENT <PAST-DUE> CHILD SUPPORT
8-2 PAYMENTS. (a) Judgment for Arrearages. A periodic child support
8-3 payment not timely made shall constitute a final judgment for the
8-4 amount due and owing, including interest as provided by Section
8-5 14.34 of this code. On the motion of an obligee or obligor, after
8-6 notice and hearing, the court shall confirm the amount of child
8-7 support in arrears and shall render one cumulative judgment against
8-8 an obligor for all <any amount of> child support unpaid and owing,
8-9 including interest as provided by Section 14.34 of this code, and
8-10 any balance owed on previously confirmed arrearages, lump sum, or
8-11 retroactive support judgments. The judgment rendered by the court
8-12 may be subject to a counterclaim or offset as provided by
8-13 Subsection (c) of this section. The judgment may be enforced by
8-14 any means available for the enforcement of judgments for debts and
8-15 <or> by an order of the court requiring that income be withheld
8-16 from the disposable earnings of the obligor in a reasonable <an>
8-17 amount <sufficient> to satisfy the judgment. A court order
8-18 enforcing the judgment through the withholding of disposable
8-19 earnings of the obligor must comply with the requirements of
8-20 Section 14.43 of this code. The court shall order that a
8-21 reasonable amount of income be withheld from the disposable
8-22 earnings of the obligor to be applied toward the liquidation of any
8-23 child support arrearages, notwithstanding that a judgment for
8-24 arrears has been entered against the obligor.
8-25 (b) Time Limitations. <The court may not confirm the amount
8-26 of child support in arrears and may not enter a judgment for unpaid
8-27 child support payments that were due and owing more than 10 years
9-1 before the filing of the motion to render judgment under this
9-2 section.> The court of continuing jurisdiction retains
9-3 jurisdiction to confirm the total amount of child support in
9-4 arrears and enter judgment for past-due child support obligations
9-5 if a motion to render judgment for the arrearages is filed within
9-6 four years after:
9-7 (1) the child becomes an adult; or
9-8 (2) the date on which the child support obligation
9-9 terminates pursuant to the decree or order or by operation of law.
9-10 (c) Possession of Child by Obligor. If the managing
9-11 conservator has voluntarily relinquished to the obligor the actual
9-12 care, control, and possession of a child for a time period in
9-13 excess of the court-ordered periods of possession of and access to
9-14 the child, the child support order continues unabated until further
9-15 order of the court as provided by Section 14.08 of this code.
9-16 However, an obligor who has provided actual support to the child
9-17 during such time periods may seek reimbursement for that support as
9-18 a counterclaim or offset against the claim of the managing
9-19 conservator. An action against the managing conservator for
9-20 support supplied to a child shall be limited to the amount of
9-21 periodic payments previously ordered by the court.
9-22 (d) Retroactive Modification. The court may not reduce or
9-23 modify the amount of child support arrearages in rendering judgment
9-24 under this section.
9-25 (e) Cumulative Judgment. A cumulative judgment confirming
9-26 the amount of a child support arrearage under this section shall
9-27 include the unpaid balance owed on previously determined arrearages
10-1 or judgments for child support, including interest on the arrearage
10-2 and judgment as of a specified date, and shall state that it is a
10-3 cumulative judgment.
10-4 SECTION 11. Sections 14.43(a), (c), (d), (e), and (h),
10-5 Family Code, are amended to read as follows:
10-6 (a) Duty of Court to Order Income Withholding. Except for
10-7 good cause shown, or on agreement of the parties, or as provided in
10-8 Subsection (b) of this section, the court shall enter an order that
10-9 provides that income be withheld from the disposable earnings of
10-10 the obligor:
10-11 (1) in every original suit affecting the parent-child
10-12 relationship in which child support payments are ordered;
10-13 (2) on motion to require income withholding regarding
10-14 a child support order entered before the effective date of this
10-15 subchapter; provided that at the time the motion is filed the
10-16 obligor is shown to have been in arrears for a time period of at
10-17 least 30 days for some portion of the amount due and in arrears for
10-18 an amount equal to or greater than that due for a one-month period;
10-19 (3) on motion to modify an order entered after the
10-20 effective date of this subchapter that did not originally order
10-21 income withheld; provided that the obligor is shown to have been in
10-22 arrears for a time period of at least 30 days for some portion of
10-23 the amount due and is currently in arrears for an amount equal to
10-24 or greater than that due for a one-month period; or
10-25 (4) after a hearing unsuccessfully contesting a notice
10-26 of delinquency as provided by Section 14.44 of this code in a case
10-27 involving the delinquency of either a child support order entered
11-1 before the effective date of this subchapter or after the effective
11-2 date of this subchapter that did not originally order income
11-3 withheld. Payment of overdue support after receipt of notice of a
11-4 hearing as provided by this section shall not be the sole basis for
11-5 the court to refuse to order withholding from income. In an order
11-6 for income withholding entered under this subdivision, the court
11-7 shall order that a reasonable amount of income be withheld from the
11-8 disposable earnings of the obligor to be applied toward the
11-9 liquidation of any child support arrearages, notwithstanding that
11-10 judgment for arrears has been rendered against the obligor.
11-11 (c) Payment. The court shall order that income withheld for
11-12 child support be paid through and promptly distributed by a local
11-13 <court> registry<, a child support collection office,> or the
11-14 attorney general<, unless the court finds that there is good cause
11-15 to require payments to be made to another person or office>.
11-16 (d) Withholding for Arrearages. In addition to income
11-17 withheld for the current support of a child, <in appropriate
11-18 circumstances and in accordance with the guidelines established for
11-19 child support payments as provided in Subsection (a) of Section
11-20 14.05 of this code,> the court shall enter an order that income be
11-21 withheld from the disposable earnings of the obligor to be applied
11-22 toward the liquidation of any child support arrearages, including
11-23 interest as provided by Section 14.34 of this code. The additional
11-24 amount to be withheld to be applied towards arrears shall be
11-25 sufficient to fully discharge those arrears in not more than two
11-26 years or add 20 percent to the amount of the current monthly
11-27 support order, whichever will result in the arrears being fully
12-1 discharged in the least amount of time consistent with the
12-2 limitations on the maximum amount that may be withheld from
12-3 earnings as provided by Subsection (f) of this section. If current
12-4 support is no longer owed, the court shall enter an order that
12-5 income be withheld from the disposable earnings of the obligor to
12-6 be applied toward the liquidation of any child support arrearages,
12-7 including accrued interest, in an amount sufficient to fully
12-8 discharge those arrears in not more than two years, consistent with
12-9 the limitations on the maximum amount that may be withheld from
12-10 earnings as provided by Subsection (f) of this section. If the
12-11 court finds that such a repayment schedule would cause the obligor,
12-12 the obligor's family, or children for whom support is due from the
12-13 obligor to suffer unreasonable hardship, the court may extend the
12-14 repayment period for a reasonable length of time.
12-15 (e) Contents of Order. An order withholding income shall
12-16 state:
12-17 (1) the style, docket number, and court having
12-18 continuing jurisdiction of the suit;
12-19 (2) the name, address, and, if available, the social
12-20 security number of the obligor;
12-21 (3) the amount, including accrued interest, and
12-22 duration of the child support payments;
12-23 (4) the name, address, and, if available, the social
12-24 security numbers of the child and the obligee;
12-25 (5) the name and address of the person or agency to
12-26 whom the payments shall be made; and
12-27 (6) any other matter deemed necessary to effectuate
13-1 the order.
13-2 The court shall order the obligor to notify the court
13-3 promptly of any change affecting the order and that the ordered
13-4 amount be paid to a local registry or the attorney general<, the
13-5 court registry, or a child support collection office serving the
13-6 court, unless the court finds there is good cause to require that
13-7 payments be made directly to the obligee or to another person or
13-8 office>.
13-9 (h) Notice and Effective Date of Order. The employer shall
13-10 begin to withhold income in accordance with an order issued under
13-11 this section or a writ issued under Section 14.45 of this code no
13-12 later than the first pay period <which occurs 14 days> following
13-13 the date on which the order or writ was delivered to the employer
13-14 and shall continue to withhold income as long as the obligor is
13-15 employed by the employer. An order issued under this section or a
13-16 writ issued under Section 14.45 of this code that is delivered to
13-17 an employer that does business in this state is binding on the
13-18 employer without regard to whether the obligor resides or works
13-19 outside the state. Delivery of the order or writ to the employer
13-20 shall be by certified or registered mail, return receipt requested,
13-21 to the person authorized to receive service of process in civil
13-22 cases generally, or to a person designated by the employer to
13-23 receive notices of delinquency by written notice to the clerk of
13-24 the appropriate court, or by the service of citation as provided by
13-25 the Texas Rules of Civil Procedure. After the effective date, the
13-26 amount to be withheld shall be remitted to the person or office
13-27 named in the order on each <regular due date or> pay date. The
14-1 payment shall include the date on which the withholding occurred.
14-2 SECTION 12. Section 14.44(d), Family Code, is amended to
14-3 read as follows:
14-4 (d) Hearing on Contested Delinquency. On filing of a motion
14-5 to stay issuance, the clerk of court shall notify the attorney who
14-6 filed the notice of delinquency and the court that the motion has
14-7 been filed. A <When a motion to stay issuance and delivery has
14-8 been filed, a> hearing on the motion must be held within 30 days of
14-9 its filing. The obligor, <and> obligee, or their authorized
14-10 representatives, and the attorney who filed the notice of
14-11 delinquency must be notified by the clerk of court of the date,
14-12 time, and place of the hearing. The court must decide the
14-13 contested delinquency and either enter an order for income
14-14 withholding pursuant to Section 14.43 of this code or deny the
14-15 requested relief within 45 days of the date that the notice of
14-16 delinquency was received by the obligor. If movant is pleading
14-17 repeated violations of the court order, it is permissible to plead
14-18 anticipated future violations of a similar nature that may arise
14-19 between the filing of the motion or the notice of delinquency and
14-20 the date of the hearing or the issuance of a writ of withholding
14-21 from earnings for child support. Any defect in pleadings will be
14-22 considered waived unless respondent specially excepts in writing
14-23 and cites with particularity the alleged defect, obscurity, or
14-24 other ambiguity in the motion for enforcement. Any such defensive
14-25 pleading must be heard by the court before hearing the motion to
14-26 stay issuance. If any exceptions are sustained by the court, the
14-27 movant shall be given an opportunity to replead and shall continue
15-1 the hearing to a date certain without the requirement of additional
15-2 service.
15-3 SECTION 13. Sections 14.45(a) and (b), Family Code, are
15-4 amended to read as follows:
15-5 (a) Issuance and Delivery. No sooner than 20 days following
15-6 the mailing of a notice of delinquency to the obligor by first
15-7 class mail or 11 days after receipt of a notice of delinquency by
15-8 the obligor by hand delivery or certified mail, if no motion to
15-9 stay issuance of the writ has been filed, the attorney who filed
15-10 the notice of delinquency shall file a request with the clerk of
15-11 court to issue a writ of income withholding. The writ shall be
15-12 issued by the clerk and delivered by certified mail, return receipt
15-13 requested, to the employer of the obligor to the person authorized
15-14 to receive service of process in civil cases generally, or to a
15-15 person designated by the employer to receive writs of withholding
15-16 by written notice to the clerk of the appropriate court, or by the
15-17 service of citation as provided by the Texas Rules of Civil
15-18 Procedure. The amount to be withheld shall be paid to the person
15-19 or office named in the writ on each pay date and shall include with
15-20 the payment the date on which the withholding occurred. The writ
15-21 shall be issued and mailed by the clerk not later than the second
15-22 working day after the request is filed.
15-23 (b) Contents. Except as provided in Subsection (c) of this
15-24 section, the writ of income withholding shall direct the employer
15-25 or a subsequent employer to withhold from the obligor's disposable
15-26 income for current child support and child support arrearage in a
15-27 manner identical to the terms provided by Section 14.43 of this
16-1 code, as far as is practical.
16-2 SECTION 14. Section 14.68(a), Family Code, is amended to
16-3 read as follows:
16-4 (a) The order withholding income shall direct payment to be
16-5 made to the attorney general, either directly or through a local
16-6 registry. The attorney general <who> shall promptly transmit the
16-7 payments to the agency or person designated to receive them.
16-8 SECTION 15. Subchapter D, Chapter 14, Family Code, is
16-9 amended by adding Section 14.87 to read as follows:
16-10 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
16-11 establish a registry for Title IV-D cases brought in this state
16-12 that shall:
16-13 (1) receive child support payments;
16-14 (2) maintain a record of child support paid and any
16-15 arrearages owed under each order;
16-16 (3) distribute child support payments received as
16-17 required by law; and
16-18 (4) maintain custody of official child support payment
16-19 records.
16-20 SECTION 16. Section 14.91(b), Family Code, is amended to
16-21 read as follows:
16-22 (b) A court may <not> appoint a friend of the court in a
16-23 proceeding under Part D of Title IV of the federal Social Security
16-24 Act (42 U.S.C. Section 651 et seq.) only if the attorney general
16-25 agrees in writing to the appointment.
16-26 SECTION 17. Section 14.93, Family Code, is amended to read
16-27 as follows:
17-1 Sec. 14.93. Duty of Local Offices and Officials to Report.
17-2 A local domestic relations office, a local registry <child support
17-3 collection office>, or a court official designated to receive child
17-4 support under a court order shall, if ordered by the court, report
17-5 to the court or a friend of the court on a monthly basis:
17-6 (1) any delinquency and arrearage in child support
17-7 payments; and
17-8 (2) any violation of a court order relating to
17-9 possession of or access to a child.
17-10 SECTION 18. Section 14.971(b), Family Code, is amended to
17-11 read as follows:
17-12 (b) The lien exists in favor of:
17-13 (1) the obligee or a private attorney representing the
17-14 obligee;
17-15 (2) the attorney general in providing child support
17-16 services pursuant to Chapter 76, Human Resources Code, and Part D
17-17 of Title IV of the federal Social Security Act (42 U.S.C. Section
17-18 651 et seq.);
17-19 (3) a domestic relations office or local<, including a
17-20 court> registry<, that has the duty to enforce or collect and
17-21 distribute child support payments>; and
17-22 (4) an attorney appointed a friend of the court under
17-23 Section 14.91 of this code.
17-24 SECTION 19. Section 2.32, Texas Workers' Compensation Act
17-25 (Article 8308-2.32, Vernon's Texas Civil Statutes), is amended to
17-26 read as follows:
17-27 Sec. 2.32. Exceptions. (a) The commission may release
18-1 information on a claim to a governmental agency, political
18-2 subdivision, or regulatory body for the following purposes:
18-3 (1) investigating an allegation of criminal offense or
18-4 licensing or regulatory violation;
18-5 (2) providing unemployment benefits, crime victims
18-6 compensation benefits, vocational rehabilitation services, or
18-7 health care benefits;
18-8 (3) investigating occupational safety or health
18-9 violations; <or>
18-10 (4) verifying income on an application for benefits
18-11 under an income-based state or federal assistance program; or
18-12 (5) assessing financial resources in an action,
18-13 including an administrative action, to:
18-14 (A) establish, modify, or enforce a child
18-15 support or medical support obligation;
18-16 (B) establish paternity;
18-17 (C) locate an absent parent; or
18-18 (D) cooperate with another state in an action
18-19 authorized under Part D of Title IV of the federal Social Security
18-20 Act (42 U.S.C. Section 651 et seq.) and its subsequent amendments
18-21 or Chapter 76, Human Resources Code, and its subsequent amendments.
18-22 (b) The commission shall release information on a claim to:
18-23 (1) the State Board of Insurance for any statutory or
18-24 regulatory purpose;
18-25 (2) legislative committees for legislative purposes;
18-26 (3) a state or federal elected official requested in
18-27 writing to provide assistance by a constituent who qualifies to
19-1 obtain injury information under Section 2.31(d) of this Act, if the
19-2 request for assistance is provided to the commission; <and>
19-3 (4) the research center for research purposes; or
19-4 (5) the attorney general or another entity that
19-5 provides child support services under Part D of Title IV of the
19-6 federal Social Security Act (42 U.S.C. Section 651 et seq.) and its
19-7 subsequent amendments or Chapter 76, Human Resources Code, and its
19-8 subsequent amendments, relating to:
19-9 (A) establishing, modifying, or enforcing a
19-10 child support or medical support obligation; or
19-11 (B) locating an absent parent.
19-12 SECTION 20. Section 14.96, Family Code, is repealed.
19-13 SECTION 21. (a) This Act takes effect September 1, 1993,
19-14 except that the change in law made by Section 14.0503(a), Family
19-15 Code, as added by this Act, takes effect January 1, 1994.
19-16 (b) The change in law made by Section 16 of this Act
19-17 relating to the appointment of a friend of the court in a
19-18 proceeding under Part D of Title IV of the federal Social Security
19-19 Act applies to a pending proceeding without regard to whether the
19-20 proceeding was commenced before, on, or after the effective date of
19-21 this Act.
19-22 SECTION 22. The importance of this legislation and the
19-23 crowded condition of the calendars in both houses create an
19-24 emergency and an imperative public necessity that the
19-25 constitutional rule requiring bills to be read on three several
19-26 days in each house be suspended, and this rule is hereby suspended.