By Reyna                                              H.B. No. 1085
       74R2379 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to authorizing certain counties to contract with a private
    1-3  entity 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.  The commissioners
    1-9  court of a county with a population of 1.5 million or more may
   1-10  contract with a private entity to receive, disburse, and record
   1-11  payments of restitution, child support, or spousal support made
   1-12  under a court order or to provide one of those services or any part
   1-13  of one of those services as specified by the commissioners court.
   1-14        Sec. 153.002.  SURETY BOND.  (a)  A private entity with which
   1-15  a county contracts under this chapter must execute a bond with a
   1-16  solvent surety company authorized to execute bonds in this state.
   1-17  The bond shall be payable to the county and conditioned on the
   1-18  entity's faithful performance of duties prescribed by this chapter
   1-19  and on the entity's proper accounting for any funds entrusted to
   1-20  the entity.
   1-21        (b)  The commissioners court shall set the amount of the
   1-22  bond.
   1-23        (c)  The commissioners court may not pay the premium for the
   1-24  bond required by this section.
    2-1        Sec. 153.003.  RECORDS.  (a)  A private entity with which a
    2-2  county contracts under this chapter shall keep an accurate and
    2-3  complete record of all receipts and disbursements of funds under
    2-4  this chapter.
    2-5        (b)  The county auditor shall inspect the entity's records,
    2-6  audit the accounts annually, and make a report of the auditor's
    2-7  findings and recommendations to the commissioners court.
    2-8        Sec. 153.004.  FEES.  (a)  To recover the costs of providing
    2-9  services authorized by this chapter, a commissioners court may
   2-10  provide by order for the collection of a reasonable fee set by the
   2-11  commissioners court.  A person who files a suit for divorce, for
   2-12  annulment, or to declare a marriage void in which the parties are
   2-13  parents of a child, as that term is defined by Section 11.01,
   2-14  Family Code, shall pay the fee at the time the suit is filed.
   2-15        (b)  A commissioners court may provide by order for the
   2-16  collection of a reasonable fee for each transaction, other than the
   2-17  receipt of a payment of support, in connection with a suit for
   2-18  spousal support or a suit affecting the parent-child relationship,
   2-19  including services relating to the location of an absent parent, an
   2-20  accounting of support payments, a computer printout of payment
   2-21  history, and a monthly notification of the nonpayment of support.
   2-22        Sec. 153.005.  EFFECT OF CHAPTER ON OTHER LAW.  This chapter
   2-23  does not affect the operation of Section 152.1074.
   2-24        SECTION 2.  This Act takes effect September 1, 1995.
   2-25        SECTION 3.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.