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.