BILL ANALYSIS
S.B. 622
By: Harris
Jurisprudence
4-12-95
Committee Report (Amended)
BACKGROUND
Domestic relations offices (DROs) exist throughout Texas to provide
services consisting of legal enforcement of child support and
visitation, child support registries, family court services, and
casework probation enforcement for the children of Texas.
In January of 1994, a Joint Interim Legislative Committee informed
the Texas Association of Domestic Relations Offices that there
would be a nonsubstantive revision of various sections of the
Family Code, including a recodification of the enabling statutes
for county DROs. Numerous local and special laws relating to DROs
existed which contributed to separate provisions regarding
administrative bodies, funding, and duties. The committee
requested that the association draft an enabling statute to
consolidate the many local statutes into a statewide enabling
statute.
PURPOSE
As proposed, S.B. 622 requires the establishment of domestic
relations offices in certain counties and authorizes their
establishment in all counties to aid in the collection of child
support and maintenance payments; provides a penalty.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2C, Family Code, by adding Chapter 38, as
follows:
CHAPTER 38. DOMESTIC RELATIONS OFFICES
Sec. 38.001. DEFINITIONS. Defines "administering entity,"
and "domestic relations office."
Sec. 38.002. ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE. (a)
Authorizes a commissioners court to establish a domestic
relations office (office).
(b) Requires a commissioners court in a county having a
population of 1,000,000 or more to establish an office.
Sec. 38.003. ADMINISTRATION. (a) Requires an office to be
administered as provided by the commissioners court or the
juvenile board that serves the county in which the office is
located.
(b) Requires the administering entity to appoint and assign
the duties of a director who is required to be responsible
for the day-to-day administration of the office. Provides
that a director serves at the pleasure of the administering
entity.
(c) Requires the administering entity to determine the
amount of money needed to operate the office.
(d) Authorizes a commissioners court that establishes an
office to execute a bond that is required to meet certain
conditions.
(e) Requires the administering entity to establish
procedures for the acceptance and use of a grant or donation
to the office.
Sec. 38.004. POWERS AND DUTIES. (a) Sets forth authorized
actions for an office to take.
(b) Authorizes a court having jurisdiction in a proceeding
to order that child support payment be made through an
office.
Sec. 38.005. FEES AND CHARGES. (a) Authorizes the
administering entity to authorize an office to assess and
collect certain fees.
(b) Provides that the first payment of a fee is due on the
date that the person is ordered to begin maintenance
payments. Provides that subsequent payments are due
annually and in advance.
(c) Requires the director to attempt to collect all fees in
an efficient manner.
(d) Authorizes the administering entity to provide for an
exemption from the payment of a fee if payment is not
practical or in the interest of justice. Sets forth fees
authorized to be exempted.
Sec. 38.006. FUND. (a) Requires fees collected by an office
to be deposited in the county's general fund or the office
fund, as determined by the administering entity.
(b) Requires the administering entity to use the office fund
to provide money for services authorized by this chapter.
(c) Authorizes the office fund to be supplemented from the
county's general fund or from other county money.
Sec. 38.007. ACCESS TO RECORDS; OFFENSE. (a) Authorizes an
office to obtain the records described by Subsections (b) and
(c) that relate to certain persons.
(b) Authorizes an office to obtain from the Department of
Public Safety records relating to certain personal
information.
(c) Authorizes an office to obtain from the Texas Employment
Commission records relating to certain personal information.
(d) Authorizes an agency required to provide records to
charge the office a fee not to exceed the amount paid for
those records by the agency responsible for Title IV-D
cases.
(e) Provides that information obtained by an office that is
confidential under a constitution, statute, judicial
decision, or rule is privileged and authorizes its use only
by that office.
(f) Provides that a person commits an offense that is a
Class C misdemeanor if the person releases or discloses
confidential information obtained without the consent of the
person to whom the information relates.
SECTION 2. Effective date: September 1, 1995.
Makes application of this Act prospective.
SECTION 3. (1) Repealer: Chapter 151, Human Resources Code
(Domestic Relations Offices).
(2) Repealer: Sections 152.0214, 152.1075, 152.2493,
152.2494, and 152.2495, Human Resources Code (Bexar County
Child Support Services Department-Harris County Domestic
Relations Office-Wichita County Family Court Services
Department and Administrator-Wichita County Child Support
Collection and Fees-Contempt Fees in Wichita County).
SECTION 4. Emergency clause.