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.