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.