By Thompson, Naishtat, et al. H.B. No. 256
74R827 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment and operation of a domestic relations
1-3 office; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 2, Family Code, is amended by
1-6 adding Chapter 38 to read as follows:
1-7 CHAPTER 38. DOMESTIC RELATIONS OFFICES
1-8 Sec. 38.001. DEFINITIONS. In this chapter:
1-9 (1) "Administering entity" means a juvenile board or
1-10 other entity responsible for administering a domestic relations
1-11 office under this chapter.
1-12 (2) "Domestic relations office" means a county office
1-13 that serves families, county departments, and courts to ensure
1-14 effective implementation of this title.
1-15 Sec. 38.002. ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE.
1-16 (a) A commissioners court may establish a domestic relations
1-17 office.
1-18 (b) A commissioners court in a county having a population of
1-19 1,000,000 or more shall establish a domestic relations office.
1-20 Sec. 38.003. ADMINISTRATION. (a) A domestic relations
1-21 office shall be administered:
1-22 (1) as provided by the commissioners court; or
1-23 (2) if the commissioners court does not otherwise
1-24 provide for the administration of the office, by the juvenile board
2-1 that serves the county in which the domestic relations office is
2-2 located.
2-3 (b) The administering entity shall appoint and assign the
2-4 duties of a director who shall be responsible for the day-to-day
2-5 administration of the office. A director serves at the pleasure of
2-6 the administering entity.
2-7 (c) The administering entity shall determine the amount of
2-8 money needed to operate the office.
2-9 (d) A commissioners court that establishes a domestic
2-10 relations office under this chapter may execute a bond for the
2-11 office. A bond under this subsection must be:
2-12 (1) executed with a solvent surety company authorized
2-13 to do business in the state; and
2-14 (2) conditioned on the faithful performance of the
2-15 duties of the office.
2-16 (e) The administering entity shall establish procedures for
2-17 the acceptance and use of a grant or donation to the office.
2-18 Sec. 38.004. POWERS AND DUTIES. (a) A domestic relations
2-19 office may:
2-20 (1) collect and disburse child support payments that
2-21 are ordered by a court to be paid through a domestic relations
2-22 registry;
2-23 (2) maintain records of payments and disbursements
2-24 made under Subdivision (1);
2-25 (3) file a suit affecting the parent-child
2-26 relationship, including a suit to:
2-27 (A) establish paternity;
3-1 (B) enforce a court order for child support or
3-2 for possession of and access to a child; and
3-3 (C) modify or clarify an existing court order;
3-4 (4) provide an informal forum in which mediation is
3-5 used to resolve disputes in an action under Subdivision (3);
3-6 (5) prepare a court-ordered social study;
3-7 (6) represent a child as guardian ad litem in a suit
3-8 in which:
3-9 (A) termination of the parent-child relationship
3-10 is sought; or
3-11 (B) conservatorship of or access to a child is
3-12 contested;
3-13 (7) serve as a friend of the court;
3-14 (8) provide pre-divorce counseling ordered by a court;
3-15 (9) provide probation services under Chapter 19; and
3-16 (10) provide information to assist a party in
3-17 understanding, complying with, or enforcing the party's duties and
3-18 obligations under Subdivision (3).
3-19 (b) A court having jurisdiction in a proceeding under this
3-20 title, Title 3, or Section 25.05, Penal Code, may order that child
3-21 support payments be made through a domestic relations office.
3-22 Sec. 38.005. FEES AND CHARGES. (a) The commissioners court
3-23 may authorize a domestic relations office to assess and collect:
3-24 (1) an initial operations fee not to exceed $15 to be
3-25 paid to the domestic relations office on the filing of a suit
3-26 affecting the parent-child relationship;
3-27 (2) a reasonable application fee to be paid by an
4-1 applicant requesting services;
4-2 (3) a reasonable attorney's fee and court costs
4-3 incurred or ordered by the court;
4-4 (4) a monthly child support service fee not to exceed
4-5 $3 to be paid by a managing conservator or possessory conservator
4-6 for whom the domestic relations office acts as a local child
4-7 support registry; and
4-8 (5) probation fees as provided by Chapter 19 if
4-9 probation officers are employed by the domestic relations office.
4-10 (b) The first payment of a fee under Subsection (a)(4) is
4-11 due on the date that the person required to pay support is ordered
4-12 to begin child support, alimony, or separate maintenance payments.
4-13 Subsequent payments of the fee are due annually and in advance.
4-14 (c) The director of a domestic relations office shall
4-15 attempt to collect all fees in an efficient manner.
4-16 (d) The administering entity may provide for an exemption
4-17 from the payment of a fee authorized under this section if payment
4-18 of the fee is not practical or in the interest of justice. Fees
4-19 that may be exempted under this subsection include fees related to:
4-20 (1) spousal and child support payments made under an
4-21 interstate pact;
4-22 (2) a suit brought by the Texas Department of Human
4-23 Services;
4-24 (3) activities performed by the Department of
4-25 Protective and Regulatory Services or another governmental agency,
4-26 a private adoption agency, or a charitable organization; and
4-27 (4) services for a person who has applied for or who
5-1 receives public assistance under the laws of this state.
5-2 Sec. 38.006. FUND. (a) As determined by the administering
5-3 entity, fees collected by a domestic relations office under this
5-4 chapter shall be deposited in:
5-5 (1) the general fund for the county in which the
5-6 domestic relations office is located; or
5-7 (2) the office fund established for the domestic
5-8 relations office.
5-9 (b) The administering entity shall use the domestic
5-10 relations office fund to provide money for services authorized by
5-11 this chapter.
5-12 (c) A domestic relations office fund may be supplemented as
5-13 necessary from the county's general fund or from other money
5-14 available from the county.
5-15 Sec. 38.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
5-16 relations office may obtain the records described by Subsections
5-17 (b) and (c) that relate to a person who has:
5-18 (1) been ordered to pay child support;
5-19 (2) been designated as a possessory or managing
5-20 conservator of a child;
5-21 (3) been designated as the father of a child; or
5-22 (4) executed a statement of paternity.
5-23 (b) A domestic relations office may obtain from the
5-24 Department of Public Safety records that relate to:
5-25 (1) a person's date of birth;
5-26 (2) a person's most recent address;
5-27 (3) a person's current driver's license status;
6-1 (4) motor vehicle accidents involving a person; and
6-2 (5) reported traffic law violations for which a person
6-3 has been convicted.
6-4 (c) A domestic relations office may obtain from the Texas
6-5 Employment Commission records that relate to:
6-6 (1) a person's address;
6-7 (2) a person's employment status and earnings;
6-8 (3) the name and address of a person's current or
6-9 former employer; and
6-10 (4) unemployment compensation benefits received by a
6-11 person.
6-12 (d) An agency required to provide records under this section
6-13 may charge a domestic relations office a fee for providing the
6-14 records in an amount that does not exceed the amount paid for those
6-15 records by the agency responsible for Title IV-D cases.
6-16 (e) Information obtained by a domestic relations office
6-17 under this section that is confidential under a constitution,
6-18 statute, judicial decision, or rule is privileged and may be used
6-19 only by that office.
6-20 (f) A person commits an offense if the person releases or
6-21 discloses confidential information obtained under this section
6-22 without the consent of the person to whom the information relates.
6-23 An offense under this subsection is a Class C misdemeanor.
6-24 SECTION 2. (a) This Act takes effect September 1, 1995.
6-25 (b) A domestic relations office created before the effective
6-26 date of this Act that is in existence on that date may continue to
6-27 operate after that date but may operate only as provided by this
7-1 Act.
7-2 (c) The enactment of this Act does not affect the validity
7-3 or enforcement of a court order entered before the effective date
7-4 of this Act that provides for a service to be performed by a
7-5 domestic relations office. A domestic relations office performing
7-6 services under a court order entered before the effective date of
7-7 this Act shall perform the services as provided by this Act.
7-8 (d) The change in law made by this Act applies only to
7-9 prosecution for an offense committed on or after the effective date
7-10 of this Act. For purposes of this subsection, an offense is
7-11 committed before the effective date of this Act if any element of
7-12 the offense occurs before that date. An offense committed before
7-13 the effective date of this Act is covered by the law in effect when
7-14 the offense was committed, and the former law is continued in
7-15 effect for that purpose.
7-16 SECTION 3. The following laws are repealed:
7-17 (1) Chapter 151, Human Resources Code; and
7-18 (2) Sections 152.0214, 152.1075, 152.2493, 152.2494,
7-19 and 152.2495, Human Resources Code.
7-20 SECTION 4. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended.
7-25 COMMITTEE AMENDMENT NO. 1
7-26 Amend H.B. 256 as follows:
7-27 (1) On page 1, on line 9, between "a" and "juvenile" insert
8-1 "commissioners court,".
8-2 (2) On page 1, on line 16, strike "(a)".
8-3 (3) On page 1, strike lines 18 and 19.
8-4 (4) On page 3, on line 22, after "The" strike "commissioners
8-5 court" and insert "administering entity".
8-6 (5) On page 4, line 4, strike "child support".
8-7 (6) On page 4, on line 5, strike "a" and insert "each".
8-8 (7) On page 4, on line 5, strike "or" and insert "and".
8-9 (8) On page 4, on line 7 strike "and".
8-10 (9) On page 4, on line 9, strike "." and insert "; and".
8-11 (10) On page 4, between lines 9 and 10, insert the
8-12 following:
8-13 "(6) a reasonable fee for preparation of a
8-14 court-ordered social study."
8-15 Goodman