By McCall, Stiles H.B. No. 45
74R49 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the denial or suspension of certain licenses for
1-3 failure to pay child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "License" includes a license, certificate,
1-7 registration, permit, or other authorization, required by law or
1-8 state agency rule, that a person must obtain to:
1-9 (A) practice or engage in a particular business
1-10 or occupation;
1-11 (B) operate a vehicle or machinery; or
1-12 (C) participate in a recreational activity.
1-13 (2) "Licensing agency" means a department, commission,
1-14 board, office, or other agency of the state, created by the
1-15 constitution or a statute of this state, that issues or renews a
1-16 license.
1-17 SECTION 2. DENIAL OF LICENSE. (a) A licensing agency may
1-18 not issue a license to or renew a license of an individual who is
1-19 in arrears in court-ordered child support.
1-20 (b) A licensing agency by rule shall prescribe procedures to
1-21 determine whether an applicant for an original or renewal license
1-22 is in arrears in court-ordered child support.
1-23 SECTION 3. SUSPENSION OF LICENSE. (a) A licensing agency
1-24 that receives a notice of suspension under Section 14.46, Family
2-1 Code, or a similar notice from a court or agency of another state,
2-2 territory, or district of the United States, indicating that a
2-3 person holding a license issued by the licensing agency is in
2-4 arrears in court-ordered child support shall conduct a hearing on
2-5 the suspension of the license of that person as provided by this
2-6 Act.
2-7 (b) The requirement that a hearing be held before the
2-8 suspension of a license does not apply to the suspension of a
2-9 license to participate in a recreational activity.
2-10 SECTION 4. LICENSE SUSPENSION HEARING. (a) Except as
2-11 provided by Subsection (g), not later than the 30th day after the
2-12 date a licensing agency receives a notice of suspension under
2-13 Section 14.46, Family Code, or a similar notice from a court or
2-14 agency of another state, territory, or district of the United
2-15 States, the agency shall give notice to the license holder of a
2-16 hearing to determine whether to suspend the license holder's
2-17 license. The hearing shall be held not later than the 20th day
2-18 after the date the notice of hearing is given.
2-19 (b) At the hearing under this section, the licensing agency
2-20 shall determine:
2-21 (1) whether the person named in the court order is a
2-22 license holder; and
2-23 (2) whether the arrearages stated in the court order
2-24 have been paid.
2-25 (c) If the licensing agency finds that the person named in
2-26 the court order is a license holder who is in arrears in
2-27 court-ordered child support, the licensing agency shall determine
3-1 whether placing the license holder on probation is an appropriate
3-2 alternative to suspending the license.
3-3 (d) A licensing agency under this Act may not consider
3-4 evidence relating to:
3-5 (1) whether the notice of suspension under Section
3-6 14.46, Family Code, was appropriate; or
3-7 (2) the ability of the license holder to comply with
3-8 the child support order.
3-9 (e) At the conclusion of a hearing under this section, the
3-10 licensing agency shall suspend the license or place the license
3-11 holder on probation, if appropriate, until the license holder is no
3-12 longer in arrears in court-ordered child support.
3-13 (f) All proceedings by a licensing agency under this Act
3-14 shall conform to the requirements of Chapter 2001, Government Code,
3-15 except as modified by this Act.
3-16 (g) A hearing is not required before a licensing agency may
3-17 suspend a license to participate in a recreational activity. On
3-18 receipt of a notice of suspension under Section 14.46, Family Code,
3-19 for a license to participate in a recreational activity, the
3-20 licensing agency receiving the notice of suspension may suspend the
3-21 license by mailing to the license holder a notice of suspension. A
3-22 license holder receiving a notice of suspension under this
3-23 subsection may appeal the suspension in the manner provided by
3-24 rules adopted by the licensing agency.
3-25 SECTION 5. PROBATION. (a) A licensing agency may place a
3-26 license holder on probation rather than suspend the license
3-27 holder's license on determining that suspension of the license
4-1 would create an extreme hardship either to the license holder or to
4-2 persons served by the license holder in the licensed occupation.
4-3 (b) Probation under this section may continue for a period
4-4 not to exceed two years beginning on the date probation is ordered
4-5 and is conditioned on full compliance by the license holder with
4-6 the license holder's child support obligations. A license holder
4-7 on probation under this section must provide the licensing agency
4-8 with a monthly statement showing that the license holder is in
4-9 compliance with the child support order.
4-10 (c) Probation under this section shall be revoked and the
4-11 license holder's license shall be automatically suspended on the
4-12 license holder's failure to remain in compliance with the terms of
4-13 the court order. A license holder whose license was automatically
4-14 suspended under this subsection may be returned to probation by
4-15 providing proof to the licensing agency that the license holder is
4-16 in compliance with the court order.
4-17 (d) Revocation of probation under this section may be
4-18 deferred for a license holder who has a modification petition
4-19 pending before the court that sent the notice of suspension under
4-20 Section 14.46, Family Code. A deferral under this subsection
4-21 continues until the licensing agency receives notice of the
4-22 court's ruling on the petition.
4-23 SECTION 6. VERIFICATION OF CHILD SUPPORT PAYMENTS. Before a
4-24 licensing agency may remove a license holder from probation, remove
4-25 a license suspension, or issue a license to or renew the license of
4-26 a person whose license has been suspended or who has been placed on
4-27 probation under this Act, the licensing agency must contact the
5-1 court that sent the notice of suspension under Section 14.46,
5-2 Family Code, to verify that the license holder is not in arrears in
5-3 court-ordered child support.
5-4 SECTION 7. CONFORMING AMENDMENT. Subchapter B, Chapter 14,
5-5 Family Code, is amended by adding Section 14.46 to read as follows:
5-6 Sec. 14.46. NOTICE OF LICENSE SUSPENSION. (a) Not earlier
5-7 than the 30th day after the date a court determines that an obligor
5-8 is delinquent in the payment of child support, the obligee or the
5-9 attorney general may petition the court to issue a notice of
5-10 license suspension.
5-11 (b) A hearing on a petition for a notice of license
5-12 suspension must be held not later than the 30th day after the date
5-13 the petition is filed. The clerk of the court must notify the
5-14 obligor and obligee of the date, time, and place of the hearing.
5-15 If at the hearing the court finds that the obligor is in arrears in
5-16 court-ordered child support and is or may be licensed by a
5-17 licensing agency, the court shall issue a notice of license
5-18 suspension as provided by Subsection (c).
5-19 (c) The court shall deliver a notice under this section to
5-20 the licensing agency that issued a license to the obligor. The
5-21 notice must:
5-22 (1) state the name of the obligor;
5-23 (2) include a copy of the order entered by the court
5-24 with regard to arrearages owed by the obligor; and
5-25 (3) direct the licensing agency to conduct a hearing
5-26 to determine whether to suspend the obligor's license.
5-27 (d) In this section:
6-1 (1) "License" includes a license, certificate,
6-2 registration, permit, or other authorization, required by law or
6-3 state agency rule, that a person must obtain to:
6-4 (A) practice or engage in a particular business
6-5 or occupation;
6-6 (B) operate a vehicle or machinery; or
6-7 (C) participate in a recreational activity.
6-8 (2) "Licensing agency" means a department, commission,
6-9 board, office, or other agency of the state, created by the
6-10 constitution or a statute of this state, that issues or renews a
6-11 license.
6-12 SECTION 8. TRANSITION. (a) This Act applies only to:
6-13 (1) child support payments owed on or after the
6-14 effective date of this Act; and
6-15 (2) except as provided by Subsection (b) of this
6-16 section, a license that is valid on or after the effective date of
6-17 this Act.
6-18 (b) Section 2 of this Act applies only to an application for
6-19 an original or renewal license that is received by a licensing
6-20 agency on or after January 1, 1996.
6-21 (c) A licensing agency shall adopt rules required under
6-22 Section 2 of this Act not later than December 1, 1995.
6-23 SECTION 9. EFFECTIVE DATE. This Act takes effect September
6-24 1, 1995.
6-25 SECTION 10. EMERGENCY. The importance of this legislation
6-26 and the crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.