BILL ANALYSIS
C.S.S.B. 115
By: Harris
Jurisprudence
4-6-95
Committee Report (Substituted)
BACKGROUND
Currently, Texas does not have a program in which persons who do
not meet child support obligations have their state-issued licenses
denied or suspended.
PURPOSE
As proposed, C.S.S.B. 115 authorizes the attorney general and
Department of Public Safety to deny or suspend the license of a
person who is delinquent in payment of child support.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Title IV-D agency, the comptroller, and the Texas Alcoholic
Beverage Commission in SECTION 1 (Sections 14.615(e), Family Code)
and to the Titgle IV-D agency in SECTION 1 (14.616, Family Code) of
this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 14, Family Code, by adding Chapter C, as
follows:
CHAPTER C. SUSPENSION OF LICENSE FOR FAILURE TO PAY CHILD SUPPORT
Sec. 14.601. DEFINITIONS. Defines "child support agency,"
"license," "licensing authority," "order suspending license,"
"Title IV-D agency," and "Title IV-D case."
Sec. 14.602. LICENSING AUTHORITY SUBJECT TO SUBCHAPTER.
Provides that the Texas Department of Public Safety is a
licensing authority subject to this subchapter.
Sec. 14.603. SUSPENSION OF LICENSE. Sets forth the actions
of an obligor which require a court or Title IV-D agency to
issue an order suspending license as provided by this
subchapter.
Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a)
Authorizes a child support agency or obligee to file a
petition to suspend a license.
(b) Requires the petition under Subsection (a) to be filed
with the Title IV-D agency (agency).
(c) Requires the petition under Subsection (a) to be filed
in the court of continuing jurisdiction or the court in
which a child support order has been registered under
Chapter 21 (Uniform Interstate Family Support Act).
(d) Provides that the proceedings in cases filed with the
agencies are governed by the contested case provisions of
Chapter 2001, Government Code, except the provisions of
Section 2001.054 shall not apply to the proceedings, and the
director of the agency is the state official responsible for
rendering a final decision under Section 2001.062,
Government Code.
Sec. 14.605. CONTENTS OF PETITION. (a) Requires a petition
under this subchapter to state that license suspension is
required pursuant to Section 14.603 and must allege certain
information.
(b) Authorizes a petition under this subchapter to include
as an attachment a copy of the record of child support
payments maintained by the Title IV-D registry or local
registry.
Sec. 14.606. NOTICE. (a) Sets forth the notice and form the
court or agency is required to issue an obligor on the filing
of a petition under Section 14.604.
(b) Authorizes notice under this section to be served as in
civil cases generally.
(c) Requires the notice to state that an order suspending
license shall be rendered on the 60th day after the date of
service of the notice unless by that date certain conditions
apply.
Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a)
Requires a request for a hearing and motion to stay suspension
to be filed with the court or agency by the obligor not later
than the 20th day after the date of service of the notice.
(b) Sets forth the required actions of the court or agency
if a hearing is filed.
(c) Provides that a record of child support payments made
by the agency or a local registry is evidence of whether the
payments were made. Requires a copy of the record appearing
regular on its face to be admitted as evidence at a hearing
under this subchapter, including a hearing on a motion to
revoke a stay. Authorizes either party to offer
controverting evidence.
Sec. 14.608. ORDER SUSPENDING LICENSE. (a) Requires the
court or agency to stay the order suspending license unless
the obligor proves that all arrearages and the current month's
support have been paid.
(b) Authorizes the court or agency to stay the order
suspending license on the obligor's compliance with a
reasonable repayment schedule, the terms of which shall be
incorporated in the order. Prohibits an order suspending
license with a stay of suspension from being served on the
licensing authority unless the stay is revoked.
(c) Requires a final order suspending license to be
forwarded to the appropriate licensing authority.
(d) Authorizes the obligor to be ordered not to engage in
the licensed activity if the court or agency renders an
order suspending license.
(e) Requires the petition to be dismissed without prejudice
and an order suspending license may not be rendered if the
court finds that the petition should be denied.
Sec. 14.609. DEFAULT ORDER. Requires the court or agency to
consider the allegation of the petition for suspension to be
admitted and to render an order suspending license if the
obligor fails to respond to a notice, request a hearing, or
appear at a hearing.
Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. Provides
that an order issued by an agency under this subchapter is a
final agency decision and is subject to review under the
substantial evidence rule.
Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) Requires
the licensing authority to immediately determine if the
authority has issued a license to the obligor named on the
order and record the suspension of the license in the
licensing authorities records, report the suspension as
appropriate, and demand surrender of the suspended license if
required by law for other cases in which a license is
suspended.
(b) Requires a licensing authority to implement the terms
of a final order suspending license without additional
review or hearing. Authorizes the authority to provide
notice as appropriate to the license holder or to others
concerned with the license.
(c) Prohibits a licensing authority from modifying,
remanding, reversing, vacating, or staying and order
suspending license issued under this subchapter an from
reviewing, vacating, or reconsidering the terms of a final
order suspending license.
(d) Provides that an obligor who is the subject of a final
order suspending license is not entitled to a refund for any
fee or deposit paid to the licensing authority.
(e) Provides that an obligor who continues to engage in
business after the implementation of an order suspending
license, is liable for the same civil and criminal penalties
provided for a similar offense.
(f) Provides that a licensing authority is exempt from
liability to a license holder for any act authorized under
this subchapter performed by the authority.
(g) Provides that an order suspending license or dismissing
a petition for the suspension of a license does not affect
the power of a licensing authority to grant, deny, suspend,
revoke, terminate, or renew a license.
(h) Provides that the denial or suspension of a driver's
license under this subchapter is governed by this
subchapter.
Sec. 14.612. MOTION TO REVOKE STAY. (a) Authorizes the
obligee, support enforcement agency, court or agency to file
a motion to revoke the stay of an order suspending license if
the obligor does not comply with the terms of a reasonable
repayment plan entered into by the obligor.
(b) Sets forth the requirements of a notice to the obligor
of a motion to revoke the stay.
(c) Requires a motion to revoke the stay to allege the
manner in which the obligor failed to comply with the
repayment plan.
(d) Requires the court or agency to revoke the stay if the
court or agency finds that the obligor is not in compliance
with the terms of the repayment plan.
Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
(a) Authorizes the court or agency to render an order
vacating or staying an order suspending license if the obligor
has paid all delinquent child support or has established a
satisfactory payment record.
(b) Requires the court or agency to promptly deliver an
order vacating or staying an order suspending license to the
appropriate licensing authority.
(c) Requires the licensing authority to properly issue the
affected license to the obligor if the obligor is otherwise
qualified for the license.
(d) Provides that an order rendered under this section does
not affect the right of the child support agency or obligee
to any other remedy provided by law. Makes a conforming
change.
Sec. 14.614. FEE BY LICENSING AUTHORITY. Authorizes a
licensing authority to charge a fee to an obligor who is the
subject of an order suspending licensing in an amount
sufficient to recover the administrative costs incurred by the
authority under this subchapter.
Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
TITLE IV-D AGENCY. (a) Authorizes the agency to request from
each licensing authority certain information.
(b) Requires a licensing authority to provide the requested
information in the manner agreed to by the agency and the
licensing authority.
(c) Authorizes the agency to enter into a cooperative
agreement with a licensing authority to administer this
subchapter in a cost-effective manner.
(d) Authorizes the agency to adopt a reasonable
implementation schedule for the requirement of this section.
(e) Requires the agency, the comptroller, and the Texas
Alcoholic Beverage Commission, by rule, to specify
additional prerequisites for the suspension of licenses
relating to state taxes collected under Title 2, Tax Code.
Requires the rules to be promulgated not later than March 1,
1996.
Sec. 14.616. RULES, FORMS, AND PROCEDURES. Requires the
agency, by rule, to prescribe forms and procedures for the
implementation of this subchapter.
SECTION 2. Effective date: September 1, 1995.
SECTION 3. Emergency clause.