1-1 By: Harris of Tarrant S.B. No. 1405
1-2 (In the Senate - Filed April 22, 1993; April 26, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 27, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 27, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-16 Amend S.B. No. 1405 as follows:
1-17 (1) In SECTION 4:
1-18 (A) On page 2, line 51, insert the following language as new
1-19 Subsection (d) in Section 14.0501:
1-20 (d) A local registry shall accept child support payments
1-21 made by personal checks, money orders, or cashier's check. A local
1-22 registry may refuse payment by personal check when a pattern of
1-23 abuse regarding the use of personal checks has been established.
1-24 Abuse is defined to include checks drawn upon insufficient funds,
1-25 abusive or offensive language written on the check, intentional
1-26 mutilation of the instrument, or other actions which delay or
1-27 disrupt the registry's operation.
1-28 (B) On page 2, lines 59-61, delete current Subsection (a) of
1-29 Section 14.0503 and replace with the following:
1-30 (a) Except as otherwise agreed to by the parties, an order
1-31 for the periodic payment of child support, including an order
1-32 requiring payments on child support arrears, rendered, modified, or
1-33 enforced on or after January 1, 1994, shall order that child
1-34 support be paid through a local registry or through the attorney
1-35 general.
1-36 (2) In SECTION 5.
1-37 (A) On page 3, line 25, add the words "together with any
1-38 relevant evidentiary factors" to the end of Subsection (d) of
1-39 Section 14.062.
1-40 A BILL TO BE ENTITLED
1-41 AN ACT
1-42 relating to the enforcement, collection, and withholding of income
1-43 for child support.
1-44 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-45 SECTION 1. Section 11.01, Family Code, is amended by adding
1-46 Subdivision (11) to read as follows:
1-47 (11) "Local registry" means an agency or entity
1-48 operated under the authority of a district clerk, county
1-49 government, juvenile board, juvenile probation office, domestic
1-50 relations office, or other county agency or entity that serves a
1-51 county or a court that has jurisdiction under this title and that:
1-52 (A) receives child support payments;
1-53 (B) maintains records of child support payments;
1-54 (C) distributes child support payments as
1-55 required by law; and
1-56 (D) maintains custody of official child support
1-57 payment records.
1-58 SECTION 2. Subsection (h), Section 11.05, Family Code, is
1-59 amended to read as follows:
1-60 (h) During the transfer of a suit affecting the parent-child
1-61 relationship from a court with continuing jurisdiction, the
1-62 transferring court retains jurisdiction to enter temporary orders.
1-63 The jurisdiction of the transferring court terminates on the
1-64 docketing of the case in the transferee court. The transferring
1-65 court's local <child support> registry shall continue to receive,
1-66 record, and disburse child support payments to the payee until
1-67 receipt of notice that the transferred case has been docketed by
1-68 the transferee court. After receipt of notice of docketing, the
2-1 transferring court's local registry shall send a certified copy of
2-2 the child support payment record to the clerk of the transferee
2-3 court and shall forward any payments received to the transferee
2-4 court's local registry.
2-5 SECTION 3. Subsections (j) and (m), Section 11.06, Family
2-6 Code, are amended to read as follows:
2-7 (j) The court transferring a proceeding shall send to the
2-8 proper court in the county to which transfer is made the complete
2-9 files in all matters affecting the child, certified copies of all
2-10 entries in the minutes, a certified copy of any decree of
2-11 dissolution of marriage issued in a suit joined with the suit
2-12 affecting the parent-child relationship, and certified copies of
2-13 each order issued. The transferring court shall keep a copy of the
2-14 transferred files. If the transferring court retains jurisdiction
2-15 of another child who was the subject of the suit, the court shall
2-16 send a copy of the complete files to the court to which the
2-17 transfer is made and shall keep the original files. If an order
2-18 has been rendered or writ has been issued ordering payment of child
2-19 support to the local registry of the transferring court, that court
2-20 shall render an order that all future payments be made to the local
2-21 registry of the transferee court. The clerk of the transferring
2-22 court shall send a certified copy of the order directing payments
2-23 to the transferee court to any party or employer affected by that
2-24 order and to the local <child support> registry of the transferee
2-25 court.
2-26 (m) On receipt of the files, documents, and orders from the
2-27 transferring court, the clerk of the transferee court shall docket
2-28 the suit and shall notify all parties, the clerk of the
2-29 transferring court, and the transferring court's local registry
2-30 that the suit has been docketed.
2-31 SECTION 4. Subchapter A, Chapter 14, Family Code, is amended
2-32 by adding Sections 14.0501 through 14.0504 to read as follows:
2-33 Sec. 14.0501. LOCAL REGISTRIES. (a) A local registry shall
2-34 receive child support payments ordered by a court or otherwise
2-35 authorized by law and shall forward the payments, as appropriate,
2-36 to the attorney general, a local domestic relations office, or the
2-37 obligee within two working days after the date the local registry
2-38 receives the payments.
2-39 (b) A local registry may not require an obligor, obligee, or
2-40 other party or entity to furnish a certified copy of a court order
2-41 as a condition of processing child support payments and shall
2-42 accept as sufficient authority to process the payments a photocopy,
2-43 facsimile copy, or conformed copy of the court's order.
2-44 (c) A local registry shall include with each payment it
2-45 forwards to the attorney general the date it received the payment
2-46 and the withholding date furnished by the employer.
2-47 Sec. 14.0502. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
2-48 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
2-49 made by electronic funds transfer to the attorney general or to a
2-50 local registry if the registry agrees to accept electronic payment.
2-51 (b) A local registry may transmit child support payments to
2-52 the attorney general by electronic funds transfer if the attorney
2-53 general agrees to accept electronic payment.
2-54 Sec. 14.0503. DISPOSITION OF CHILD SUPPORT PAYMENTS.
2-55 (a) An order for child support rendered, modified, or enforced on
2-56 or after January 1, 1994, shall order that child support be paid
2-57 through a local registry or through the attorney general.
2-58 (b) In an action taken under Part D of Title IV of the
2-59 federal Social Security Act (42 U.S.C. Section 651 et seq.), the
2-60 court shall order that income withheld for child support be paid:
2-61 (1) to the attorney general through a local registry,
2-62 which shall forward the payment to the attorney general; or
2-63 (2) directly to the attorney general.
2-64 Sec. 14.0504. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
2-65 The attorney general or a local registry may comply with a subpoena
2-66 or other order directing the production of a child support payment
2-67 record by sending a certified copy of the record to the court that
2-68 directed production of the record.
2-69 SECTION 5. Section 14.062, Family Code, is amended to read
2-70 as follows:
3-1 Sec. 14.062. RETROACTIVE CHILD SUPPORT <REIMBURSEMENT FOR
3-2 PUBLIC ASSISTANCE>. (a) This section applies to a suit affecting
3-3 the parent-child relationship, including a suit to establish
3-4 paternity, brought under Chapter 76, Human Resources Code, or Part
3-5 D of Title IV of the federal Social Security Act (42 U.S.C. Section
3-6 651 et seq.) <The court may order either or both parents to make
3-7 periodic payments or a lump-sum payment as child support, or both,
3-8 as reimbursement for public assistance paid by the state for the
3-9 support of a child under Chapter 31, Human Resources Code>.
3-10 (b) In a proceeding establishing a child support order, the
3-11 court may order a parent to make periodic payments, a lump-sum
3-12 payment, or both, as retroactive child support.
3-13 (c) Unless the state is a party to an agreement concerning
3-14 support or purporting to settle past, present, or future support
3-15 obligations by prepayment or otherwise, an agreement between the
3-16 parties does not reduce or terminate any right of this state or any
3-17 other state to recover retroactive support <for public assistance
3-18 provided>.
3-19 (d) In a proceeding in which retroactive child support is
3-20 sought under this section, the court shall use the child support
3-21 guidelines provided by Section 14.053 of this code.
3-22 SECTION 6. Subdivisions (1) and (3), Subsection (a), Section
3-23 14.30, Family Code, are amended to read as follows:
3-24 (1) "Earnings" means compensation paid or payable for
3-25 personal services, whether denominated as wages, salary,
3-26 compensation received as an independent contractor, overtime pay,
3-27 severance pay, commission, bonus, or otherwise, and includes
3-28 periodic payments pursuant to a pension, annuity, workers'
3-29 compensation, disability and retirement program, and unemployment
3-30 benefits.
3-31 (3) "Employer" means any person, including the United
3-32 States and any governmental entity as defined by Section 11.01 of
3-33 this code. "Person" shall include but is not limited to
3-34 individuals, workers' compensation insurance carriers,
3-35 partnerships, and corporations.
3-36 SECTION 7. Subsection (c), Section 14.311, Family Code, is
3-37 amended to read as follows:
3-38 (c) Payment Record. The movant may attach to the motion a
3-39 copy of a record of child support payments maintained by the
3-40 attorney general or a <state or> local <child support> registry.
3-41 If a payment record is attached, it constitutes a prima facie
3-42 showing of the facts asserted in the payment record, subject to the
3-43 right of the respondent to offer controverting evidence, and may be
3-44 admitted as evidence of the truth of payments made and not made as
3-45 shown by the payment record.
3-46 SECTION 8. Section 14.318, Family Code, is amended by
3-47 amending Subsections (d) and (e) and adding Subsection (f) to read
3-48 as follows:
3-49 (d) Cash Bond as Support. If a cash bond has been posted
3-50 and the respondent <appears at the hearing as directed and if the
3-51 respondent> is found to be in arrears in the payment of
3-52 court-ordered <contempt for failure to pay> child support <as
3-53 ordered>, the court shall order that the proceeds of <the
3-54 respondent to execute an assignment of> the cash bond be paid to
3-55 the child support obligee or to a person designated by the court up
3-56 to the amount of any child support arrearages determined to exist.
3-57 This subsection applies without regard to whether the respondent
3-58 appears at the hearing.
3-59 (e) Appearance Bond or Security Other Than Cash Bond as
3-60 Support. If the respondent fails to appear at the hearing as
3-61 directed, the court shall order that <and> the appearance bond or
3-62 security be <has been> forfeited and that <if the respondent has
3-63 been found to be in contempt for failure to pay child support as
3-64 ordered,> the proceeds of any judgment on the bond or security
3-65 <shall> be paid to the obligee or to a person designated by the
3-66 court up to the amount of any child support arrearages determined
3-67 to exist. The obligee may bring suit on the bond.
3-68 (f) Cash Bond Treated as Property of Respondent. A court
3-69 shall treat a cash bond posted for the benefit of the respondent
3-70 under this section as the property of the respondent. The person
4-1 who posts the cash bond does not have recourse in relation to any
4-2 order that the court may make regarding the bond.
4-3 SECTION 9. Subsection (a), Section 14.33, Family Code, is
4-4 amended to read as follows:
4-5 (a) Contents. An enforcement order shall contain findings
4-6 setting out in ordinary and concise language the provisions of the
4-7 final order, decree, or judgment for which enforcement was sought,
4-8 the acts or omissions that are the subject of the order, the manner
4-9 of noncompliance, and the relief awarded by the court. If the
4-10 order imposes incarceration or a fine, an enforcement order must
4-11 contain findings setting out specifically and with particularity or
4-12 incorporating by reference the provisions of the final order,
4-13 decree, or judgment for which enforcement was sought and the
4-14 <time,> date<, and place> of each occasion on which the respondent
4-15 failed to comply with the provision and setting out the relief
4-16 awarded by the court.
4-17 SECTION 10. Section 14.41, Family Code, is amended to read
4-18 as follows:
4-19 Sec. 14.41. JUDGMENT FOR DELINQUENT <PAST-DUE> CHILD SUPPORT
4-20 PAYMENTS. (a) Judgment for Arrearages. A periodic child support
4-21 payment not timely made shall constitute a final judgment for the
4-22 amount due and owing, including interest as provided by Section
4-23 14.34 of this code. On the motion of an obligee or obligor, after
4-24 notice and hearing, the court shall confirm the amount of child
4-25 support in arrears and shall render one cumulative judgment against
4-26 an obligor for all <any amount of> child support unpaid and owing,
4-27 including interest as provided by Section 14.34 of this code, and
4-28 any balance owed on previously confirmed arrearages, lump-sum, or
4-29 retroactive support judgments. The judgment rendered by the court
4-30 may be subject to a counterclaim or offset as provided by
4-31 Subsection (c) of this section. The judgment may be enforced by
4-32 any means available for the enforcement of judgments for debts and
4-33 <or> by an order of the court requiring that income be withheld
4-34 from the disposable earnings of the obligor in a reasonable <an>
4-35 amount <sufficient> to satisfy the judgment. A court order
4-36 enforcing the judgment through the withholding of disposable
4-37 earnings of the obligor must comply with the requirements of
4-38 Section 14.43 of this code. The court shall order that a
4-39 reasonable amount of income be withheld from the disposable
4-40 earnings of the obligor to be applied toward the liquidation of any
4-41 child support arrearages, notwithstanding that a judgment for
4-42 arrears has been entered against the obligor.
4-43 (b) Time Limitations. <The court may not confirm the amount
4-44 of child support in arrears and may not enter a judgment for unpaid
4-45 child support payments that were due and owing more than 10 years
4-46 before the filing of the motion to render judgment under this
4-47 section.> The court of continuing jurisdiction retains
4-48 jurisdiction to confirm the total amount of child support in
4-49 arrears and enter judgment for past-due child support obligations
4-50 if a motion to render judgment for the arrearages is filed within
4-51 four years after:
4-52 (1) the child becomes an adult; or
4-53 (2) the date on which the child support obligation
4-54 terminates pursuant to the decree or order or by operation of law.
4-55 (c) Possession of Child by Obligor. If the managing
4-56 conservator has voluntarily relinquished to the obligor the actual
4-57 care, control, and possession of a child for a time period in
4-58 excess of the court-ordered periods of possession of and access to
4-59 the child, the child support order continues unabated until further
4-60 order of the court as provided by Section 14.08 of this code.
4-61 However, an obligor who has provided actual support to the child
4-62 during such time periods may seek reimbursement for that support as
4-63 a counterclaim or offset against the claim of the managing
4-64 conservator. An action against the managing conservator for
4-65 support supplied to a child shall be limited to the amount of
4-66 periodic payments previously ordered by the court.
4-67 (d) Retroactive Modification. The court may not reduce or
4-68 modify the amount of child support arrearages in rendering judgment
4-69 under this section.
4-70 (e) Cumulative Judgment. A cumulative judgment confirming
5-1 the amount of a child support arrearage under this section shall
5-2 include the unpaid balance owed on previously determined arrearages
5-3 or judgments for child support, including interest on the arrearage
5-4 and judgment as of a specified date, and shall state that it is a
5-5 cumulative judgment.
5-6 SECTION 11. Subsections (a), (c), (d), (e), and (h), Section
5-7 14.43, Family Code, are amended to read as follows:
5-8 (a) Duty of Court to Order Income Withholding. Except for
5-9 good cause shown, or on agreement of the parties, or as provided in
5-10 Subsection (b) of this section, the court shall enter an order that
5-11 provides that income be withheld from the disposable earnings of
5-12 the obligor:
5-13 (1) in every original suit affecting the parent-child
5-14 relationship in which child support payments are ordered;
5-15 (2) on motion to require income withholding regarding
5-16 a child support order entered before the effective date of this
5-17 subchapter; provided that at the time the motion is filed the
5-18 obligor is shown to have been in arrears for a time period of at
5-19 least 30 days for some portion of the amount due and in arrears for
5-20 an amount equal to or greater than that due for a one-month period;
5-21 (3) on motion to modify an order entered after the
5-22 effective date of this subchapter that did not originally order
5-23 income withheld; provided that the obligor is shown to have been in
5-24 arrears for a time period of at least 30 days for some portion of
5-25 the amount due and is currently in arrears for an amount equal to
5-26 or greater than that due for a one-month period; or
5-27 (4) after a hearing unsuccessfully contesting a notice
5-28 of delinquency as provided by Section 14.44 of this code in a case
5-29 involving the delinquency of either a child support order entered
5-30 before the effective date of this subchapter or after the effective
5-31 date of this subchapter that did not originally order income
5-32 withheld. Payment of overdue support after receipt of notice of a
5-33 hearing as provided by this section shall not be the sole basis for
5-34 the court to refuse to order withholding from income. In an order
5-35 for income withholding entered under this subdivision, the court
5-36 shall order that a reasonable amount of income be withheld from the
5-37 disposable earnings of the obligor to be applied toward the
5-38 liquidation of any child support arrearages, notwithstanding that
5-39 judgment for arrears has been rendered against the obligor.
5-40 (c) Payment. The court shall order that income withheld for
5-41 child support be paid through and promptly distributed by a local
5-42 <court> registry<, a child support collection office,> or the
5-43 attorney general<, unless the court finds that there is good cause
5-44 to require payments to be made to another person or office>.
5-45 (d) Withholding for Arrearages. In addition to income
5-46 withheld for the current support of a child, <in appropriate
5-47 circumstances and in accordance with the guidelines established for
5-48 child support payments as provided in Subsection (a) of Section
5-49 14.05 of this code,> the court shall enter an order that income be
5-50 withheld from the disposable earnings of the obligor to be applied
5-51 toward the liquidation of any child support arrearages, including
5-52 interest as provided by Section 14.34 of this code. The additional
5-53 amount to be withheld to be applied towards arrears shall be
5-54 sufficient to fully discharge those arrears in not more than two
5-55 years or add 20 percent to the amount of the current monthly
5-56 support order, whichever will result in the arrears being fully
5-57 discharged in the least amount of time consistent with the
5-58 limitations on the maximum amount that may be withheld from
5-59 earnings as provided by Subsection (f) of this section. If current
5-60 support is no longer owed, the court shall enter an order that
5-61 income be withheld from the disposable earnings of the obligor to
5-62 be applied toward the liquidation of any child support arrearages,
5-63 including accrued interest, in an amount sufficient to fully
5-64 discharge those arrears in not more than two years, consistent with
5-65 the limitations on the maximum amount that may be withheld from
5-66 earnings as provided by Subsection (f) of this section. If the
5-67 court finds that such a repayment schedule would cause the obligor,
5-68 the obligor's family, or children for whom support is due from the
5-69 obligor to suffer unreasonable hardship, the court may extend the
5-70 repayment period for a reasonable length of time.
6-1 (e) Contents of Order. An order withholding income shall
6-2 state:
6-3 (1) the style, docket number, and court having
6-4 continuing jurisdiction of the suit;
6-5 (2) the name, address, and, if available, the social
6-6 security number of the obligor;
6-7 (3) the amount, including accrued interest, and
6-8 duration of the child support payments;
6-9 (4) the name, address, and, if available, the social
6-10 security numbers of the child and the obligee;
6-11 (5) the name and address of the person or agency to
6-12 whom the payments shall be made; and
6-13 (6) any other matter deemed necessary to effectuate
6-14 the order.
6-15 The court shall order the obligor to notify the court
6-16 promptly of any change affecting the order and that the ordered
6-17 amount be paid to a local registry or the attorney general<, the
6-18 court registry, or a child support collection office serving the
6-19 court, unless the court finds there is good cause to require that
6-20 payments be made directly to the obligee or to another person or
6-21 office>.
6-22 (h) Notice and Effective Date of Order. The employer shall
6-23 begin to withhold income in accordance with an order issued under
6-24 this section or a writ issued under Section 14.45 of this code no
6-25 later than the first pay period <which occurs 14 days> following
6-26 the date on which the order or writ was delivered to the employer
6-27 and shall continue to withhold income as long as the obligor is
6-28 employed by the employer. An order issued under this section or a
6-29 writ issued under Section 14.45 of this code that is delivered to
6-30 an employer that does business in this state is binding on the
6-31 employer without regard to whether the obligor resides or works
6-32 outside the state. Delivery of the order or writ to the employer
6-33 shall be by certified or registered mail, return receipt requested,
6-34 to the person authorized to receive service of process in civil
6-35 cases generally, or to a person designated by the employer to
6-36 receive notices of delinquency by written notice to the clerk of
6-37 the appropriate court, or by the service of citation as provided by
6-38 the Texas Rules of Civil Procedure. After the effective date, the
6-39 amount to be withheld shall be remitted to the person or office
6-40 named in the order on each <regular due date or> pay date. The
6-41 payment shall include the date on which the withholding occurred.
6-42 SECTION 12. Subsection (d), Section 14.44, Family Code, is
6-43 amended to read as follows:
6-44 (d) Hearing on Contested Delinquency. On filing of a motion
6-45 to stay issuance, the clerk of court shall notify the attorney who
6-46 filed the notice of delinquency and the court that the motion has
6-47 been filed. A <When a motion to stay issuance and delivery has
6-48 been filed, a> hearing on the motion must be held within 30 days of
6-49 its filing. The obligor, <and> obligee, or their authorized
6-50 representatives, and the attorney who filed the notice of
6-51 delinquency must be notified by the clerk of court of the date,
6-52 time, and place of the hearing. The court must decide the
6-53 contested delinquency and either enter an order for income
6-54 withholding pursuant to Section 14.43 of this code or deny the
6-55 requested relief within 45 days of the date that the notice of
6-56 delinquency was received by the obligor. If movant is pleading
6-57 repeated violations of the court order, it is permissible to plead
6-58 anticipated future violations of a similar nature that may arise
6-59 between the filing of the motion or the notice of delinquency and
6-60 the date of the hearing or the issuance of a writ of withholding
6-61 from earnings for child support. Any defect in pleadings will be
6-62 considered waived unless respondent specially excepts in writing
6-63 and cites with particularity the alleged defect, obscurity, or
6-64 other ambiguity in the motion for enforcement. Any such defensive
6-65 pleading must be heard by the court before hearing the motion to
6-66 stay issuance. If any exceptions are sustained by the court, the
6-67 movant shall be given an opportunity to replead and shall continue
6-68 the hearing to a date certain without the requirement of additional
6-69 service.
6-70 SECTION 13. Subsections (a) and (b), Section 14.45, Family
7-1 Code, are amended to read as follows:
7-2 (a) Issuance and Delivery. No sooner than 20 days following
7-3 the mailing of a notice of delinquency to the obligor by first
7-4 class mail or 11 days after receipt of a notice of delinquency by
7-5 the obligor by hand delivery or certified mail, if no motion to
7-6 stay issuance of the writ has been filed, the attorney who filed
7-7 the notice of delinquency shall file a request with the clerk of
7-8 court to issue a writ of income withholding. The writ shall be
7-9 issued by the clerk and delivered by certified mail, return receipt
7-10 requested, to the employer of the obligor to the person authorized
7-11 to receive service of process in civil cases generally, or to a
7-12 person designated by the employer to receive writs of withholding
7-13 by written notice to the clerk of the appropriate court, or by the
7-14 service of citation as provided by the Texas Rules of Civil
7-15 Procedure. The amount to be withheld shall be paid to the person
7-16 or office named in the writ on each pay date and shall include with
7-17 the payment the date on which the withholding occurred. The writ
7-18 shall be issued and mailed by the clerk not later than the second
7-19 working day after the request is filed.
7-20 (b) Contents. Except as provided in Subsection (c) of this
7-21 section, the writ of income withholding shall direct the employer
7-22 or a subsequent employer to withhold from the obligor's disposable
7-23 income for current child support and child support arrearage in a
7-24 manner identical to the terms provided by Section 14.43 of this
7-25 code, as far as is practical.
7-26 SECTION 14. Subsection (a), Section 14.68, Family Code, is
7-27 amended to read as follows:
7-28 (a) The order withholding income shall direct payment to be
7-29 made to the attorney general, either directly or through a local
7-30 registry. The attorney general <who> shall promptly transmit the
7-31 payments to the agency or person designated to receive them.
7-32 SECTION 15. Subchapter D, Chapter 14, Family Code, is
7-33 amended by adding Section 14.87 to read as follows:
7-34 Sec. 14.87. TITLE IV-D REGISTRY. The attorney general shall
7-35 establish a registry for Title IV-D cases brought in this state
7-36 that shall:
7-37 (1) receive child support payments;
7-38 (2) maintain a record of child support paid and any
7-39 arrearages owed under each order;
7-40 (3) distribute child support payments received as
7-41 required by law; and
7-42 (4) maintain custody of official child support payment
7-43 records.
7-44 SECTION 16. Subsection (b), Section 14.91, Family Code, is
7-45 amended to read as follows:
7-46 (b) A court may <not> appoint a friend of the court in a
7-47 proceeding under Part D of Title IV of the federal Social Security
7-48 Act (42 U.S.C. Section 651 et seq.) only if the attorney general
7-49 agrees in writing to the appointment.
7-50 SECTION 17. Section 14.93, Family Code, is amended to read
7-51 as follows:
7-52 Sec. 14.93. Duty of Local Offices and Officials to Report.
7-53 A local domestic relations office, a local registry <child support
7-54 collection office>, or a court official designated to receive child
7-55 support under a court order shall, if ordered by the court, report
7-56 to the court or a friend of the court on a monthly basis:
7-57 (1) any delinquency and arrearage in child support
7-58 payments; and
7-59 (2) any violation of a court order relating to
7-60 possession of or access to a child.
7-61 SECTION 18. Subsection (b), Section 14.971, Family Code, is
7-62 amended to read as follows:
7-63 (b) The lien exists in favor of:
7-64 (1) the obligee or a private attorney representing the
7-65 obligee;
7-66 (2) the attorney general in providing child support
7-67 services pursuant to Chapter 76, Human Resources Code, and Part D
7-68 of Title IV of the federal Social Security Act (42 U.S.C. Section
7-69 651 et seq.);
7-70 (3) a domestic relations office or local<, including a
8-1 court> registry<, that has the duty to enforce or collect and
8-2 distribute child support payments>; and
8-3 (4) an attorney appointed a friend of the court under
8-4 Section 14.91 of this code.
8-5 SECTION 19. Section 2.32, Texas Workers' Compensation Act
8-6 (Article 8308-2.32, Vernon's Texas Civil Statutes), is amended to
8-7 read as follows:
8-8 Sec. 2.32. Exceptions. (a) The commission may release
8-9 information on a claim to a governmental agency, political
8-10 subdivision, or regulatory body for the following purposes:
8-11 (1) investigating an allegation of criminal offense or
8-12 licensing or regulatory violation;
8-13 (2) providing unemployment benefits, crime victims
8-14 compensation benefits, vocational rehabilitation services, or
8-15 health care benefits;
8-16 (3) investigating occupational safety or health
8-17 violations; <or>
8-18 (4) verifying income on an application for benefits
8-19 under an income-based state or federal assistance program; or
8-20 (5) assessing financial resources in an action,
8-21 including an administrative action, to:
8-22 (A) establish, modify, or enforce a child
8-23 support or medical support obligation;
8-24 (B) establish paternity;
8-25 (C) locate an absent parent; or
8-26 (D) cooperate with another state in an action
8-27 authorized under Part D of Title IV of the federal Social Security
8-28 Act (42 U.S.C. Section 651 et seq.) and its subsequent amendments
8-29 or Chapter 76, Human Resources Code, and its subsequent amendments.
8-30 (b) The commission shall release information on a claim to:
8-31 (1) the State Board of Insurance for any statutory or
8-32 regulatory purpose;
8-33 (2) legislative committees for legislative purposes;
8-34 (3) a state or federal elected official requested in
8-35 writing to provide assistance by a constituent who qualifies to
8-36 obtain injury information under Section 2.31(d) of this Act, if the
8-37 request for assistance is provided to the commission; <and>
8-38 (4) the research center for research purposes; or
8-39 (5) the attorney general or another entity that
8-40 provides child support services under Part D of Title IV of the
8-41 federal Social Security Act (42 U.S.C. Section 651 et seq.) and its
8-42 subsequent amendments or Chapter 76, Human Resources Code, and its
8-43 subsequent amendments, relating to:
8-44 (A) establishing, modifying, or enforcing a
8-45 child support or medical support obligation; or
8-46 (B) locating an absent parent.
8-47 SECTION 20. Section 14.96, Family Code, is repealed.
8-48 SECTION 21. (a) This Act takes effect September 1, 1993,
8-49 except that the change in law made by Subsection (a), Section
8-50 14.0503, Family Code, as added by this Act, takes effect January 1,
8-51 1994.
8-52 (b) The change in law made by Section 16 of this Act
8-53 relating to the appointment of a friend of the court in a
8-54 proceeding under Part D of Title IV of the federal Social Security
8-55 Act applies to a pending proceeding without regard to whether the
8-56 proceeding was commenced before, on, or after the effective date of
8-57 this Act.
8-58 SECTION 22. The importance of this legislation and the
8-59 crowded condition of the calendars in both houses create an
8-60 emergency and an imperative public necessity that the
8-61 constitutional rule requiring bills to be read on three several
8-62 days in each house be suspended, and this rule is hereby suspended.
8-63 * * * * *
8-64 Austin,
8-65 Texas
8-66 April 27, 1993
8-67 Hon. Bob Bullock
8-68 President of the Senate
8-69 Sir:
8-70 We, your Committee on Jurisprudence to which was referred S.B. No.
9-1 1405, have had the same under consideration, and I am instructed to
9-2 report it back to the Senate with the recommendation that it do
9-3 pass, as amended, and be printed.
9-4 Henderson,
9-5 Chairman
9-6 * * * * *
9-7 WITNESSES
9-8 FOR AGAINST ON
9-9 ___________________________________________________________________
9-10 FOR AGAINST ON
9-11 ___________________________________________________________________
9-12 Name: Howard Baldwin x
9-13 Representing: Atty General
9-14 City: Austin
9-15 -------------------------------------------------------------------
9-16 Name: Shannon Nobles x
9-17 Representing: Tx Women's Pol. Caucus
9-18 City: Austin
9-19 -------------------------------------------------------------------