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