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.