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.