74R7692 MJW-F
          By Reyna                                              H.B. No. 1085
          Substitute the following for H.B. No. 1085:
          By Longoria                                       C.S.H.B. No. 1085
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of counties to contract with private
    1-3  entities for the collection of child support.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 10, Human Resources Code, is
    1-6  amended by adding Chapter 153 to read as follows:
    1-7       CHAPTER 153.  CHILD SUPPORT COLLECTION BY PRIVATE ENTITY
    1-8        Sec. 153.001.  AUTHORITY TO CONTRACT.  A county, acting
    1-9  through its commissioners court, may contract with a private entity
   1-10  to:
   1-11              (1)  enforce, collect, receive, and disburse:
   1-12                    (A)  child support payments;
   1-13                    (B)  other amounts due under a court order
   1-14  containing an order to pay child support; and
   1-15                    (C)  fees, including those provided by this
   1-16  subchapter;
   1-17              (2)  maintain appropriate records, including records of
   1-18  child support and other amounts and fees that are due, past due,
   1-19  paid, or delinquent;
   1-20              (3)  locate absent parents;
   1-21              (4)  furnish statements to parents accounting for
   1-22  payments that are due, paid, or delinquent;
   1-23              (5)  send billings and other appropriate notices to
   1-24  parents;
    2-1              (6)  perform any duty or function that a local
    2-2  registry, as that term is defined by Section 11.01, Family Code, is
    2-3  authorized to perform;
    2-4              (7)  perform any duty or function of a court services
    2-5  department or domestic relations office authorized by law for the
    2-6  county; or
    2-7              (8)  provide another service authorized by the
    2-8  commissioners court.
    2-9        Sec. 153.002.  TERMS AND CONDITIONS OF CONTRACT.  The
   2-10  commissioners court may include all appropriate terms and
   2-11  conditions in the contract that it determines are reasonable to
   2-12  secure the services of a private entity as provided by this
   2-13  chapter, including:
   2-14              (1)  provisions specifying the services to be provided
   2-15  by the entity;
   2-16              (2)  the method, conditions, and amount of compensation
   2-17  for the entity;
   2-18              (3)  provisions for the security of funds collected as
   2-19  child support, fees, or other amounts under the contract or that
   2-20  otherwise provide reasonable assurance to the county of the
   2-21  entity's full and faithful performance of the contract;
   2-22              (4)  provisions specifying the records to be kept by
   2-23  the entity, including any records necessary to fully account for
   2-24  all funds received and disbursed as child support, fees, or other
   2-25  amounts;
   2-26              (5)  requirements governing the inspection,
   2-27  verification, audit, or explanation of the entity's accounting or
    3-1  other records; and
    3-2              (6)  provisions for the disclosure or nondisclosure of
    3-3  information or records maintained or known to the entity as a
    3-4  result of contract performance.
    3-5        Sec. 153.003.  FUNDING.  (a)  To provide or recover the costs
    3-6  of providing services authorized by this chapter, a commissioners
    3-7  court may:
    3-8              (1)  provide by order for the assessment and collection
    3-9  of a reasonable fee at the time a party files a suit affecting the
   3-10  parent-child relationship under the Family Code;
   3-11              (2)  provide by order for the assessment and collection
   3-12  of a reasonable fee at a time specified for payment of child
   3-13  support;
   3-14              (3)  provide by order for the assessment and collection
   3-15  of a late payment fee to be imposed if an obligor does not make a
   3-16  payment of child support in full when due;
   3-17              (4)  accept or receive funds from other public or
   3-18  private sources available for providing services authorized by this
   3-19  chapter;
   3-20              (5)  use county funds; or
   3-21              (6)  use any combination of the funding sources
   3-22  specified by this subsection.
   3-23        (b)  The commissioners court may:
   3-24              (1)  provide by order for reasonable exemptions from
   3-25  the collection of the fees authorized by Subsection (a); and
   3-26              (2)  require payment of a fee authorized by Subsection
   3-27  (a)(2) annually and in advance.
    4-1        (c)  The fees established under Subsection (a) may be
    4-2  collected by any means provided for the collection of child
    4-3  support.  The commissioners court may provide by order for the
    4-4  manner of collecting the fees and the apportionment of payments
    4-5  received to meet fee obligations.
    4-6        Sec. 153.004.  CUMULATIVE EFFECT OF CHAPTER.  A power or duty
    4-7  conferred on a county, county official, or county instrumentality
    4-8  by this chapter is cumulative of the powers and duties created or
    4-9  conferred by other law, except that county action under this
   4-10  chapter precludes the exercise or performance of a power or duty
   4-11  created or conferred by other law as expressly provided by order of
   4-12  a commissioners court.
   4-13        SECTION 2.  The change in law made by this Act does not
   4-14  prevent a county from acting under a provision of Chapter 152,
   4-15  Human Resources Code, to enforce, collect, receive, or disburse
   4-16  child support or another amount due under a court order containing
   4-17  an order to pay child support.
   4-18        SECTION 3.  This Act takes effect September 1, 1995.
   4-19        SECTION 4.  The importance of this legislation and the
   4-20  crowded condition of the calendars in both houses create an
   4-21  emergency and an imperative public necessity that the
   4-22  constitutional rule requiring bills to be read on three several
   4-23  days in each house be suspended, and this rule is hereby suspended.