By Goolsby H.B. No. 23
74R646 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to loss of a state professional license and denial and
1-3 suspension of a Texas driver's license for failure to pay child
1-4 support.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 14, Family Code, is amended
1-7 by adding Sections 14.53 and 14.54 to read as follows:
1-8 Sec. 14.53. LICENSE REVOCATION. (a) The attorney general,
1-9 a private attorney representing an obligee, or the obligee may
1-10 petition a licensing agency for revocation of an obligor's license
1-11 because of the obligor's child support delinquency. Not later than
1-12 the 30th day after the date on which the agency receives the
1-13 petition, the agency shall convene an administrative hearing to
1-14 determine if the obligor is 30 or more days delinquent. After
1-15 notice and opportunity for hearing, the licensing agency shall
1-16 revoke the obligor's license unless the obligor provides evidence
1-17 that an arrearage does not exist or that an agreement to pay
1-18 arrearages has been approved by the court of continuing
1-19 jurisdiction. A licensing agency may not reinstate a license
1-20 revoked under this subsection unless the obligor provides proof of
1-21 full payment of all arrearages or proof that an agreement to pay
1-22 the arrearages has been approved by the court of continuing
1-23 jurisdiction.
1-24 (b) Each applicant for a license or license renewal shall
2-1 state in writing under oath at the time of application that the
2-2 applicant is not 30 or more days delinquent in providing child
2-3 support or that the applicant is in compliance with a written
2-4 repayment agreement or court order regarding a delinquency.
2-5 (c) The attorney general shall adopt rules to implement this
2-6 section.
2-7 (d) In this section:
2-8 (1) "License" means a permit, certificate, or similar
2-9 form of permission issued by a licensing agency that is required by
2-10 law to:
2-11 (A) engage in a profession or occupation; or
2-12 (B) sell a regulated commodity.
2-13 (2) "Licensing agency" means a board, commission,
2-14 department, or other agency in the executive or judicial branch of
2-15 state government that issues or renews a license either directly or
2-16 through a private entity.
2-17 Sec. 14.54. DRIVER'S LICENSE DENIAL AND SUSPENSION. (a)
2-18 The attorney general and the Department of Public Safety may by
2-19 rule establish a procedure for the denial or suspension of the
2-20 driver's license of an individual who is 30 or more days delinquent
2-21 in providing child support.
2-22 (b) Rules adopted under this section shall include
2-23 provisions for:
2-24 (1) verification;
2-25 (2) temporary licenses; and
2-26 (3) judicial review of delinquency.
2-27 (c) Denial or suspension of a license under rules adopted
3-1 under this section is governed by the rules and this section and
3-2 not by the general licensing provisions of Chapter 173, Acts of the
3-3 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
3-4 Texas Civil Statutes).
3-5 SECTION 2. The change in law made by Section 14.53, Family
3-6 Code, as added by this Act, relating to withholding a license or
3-7 license renewal from a delinquent child support obligor, applies to
3-8 the disposition of an application for a license or license renewal
3-9 on or after the effective date of this Act without regard to
3-10 whether the obligor applies for the license or license renewal
3-11 before, on, or after the effective date of this Act.
3-12 SECTION 3. This Act takes effect September 1, 1995.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.