By Hilderbran H.B. No. 1123
74R3966 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement alternatives for contempt orders for
1-3 certain obligors who are delinquent in child support payments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 14, Family Code, is amended
1-6 by adding Section 14.401 to read as follows:
1-7 Sec. 14.401. ALTERNATIVE ENFORCEMENT OPTIONS FOR CONTEMPT
1-8 ORDERS. (a) A court finding that an obligor is in contempt of
1-9 court for failure or refusal to make a child support payment may
1-10 order the obligor to participate in adult basic education or
1-11 job-training programs offered by the Central Education Agency, the
1-12 Texas Department of Commerce, or another agency or entity as
1-13 provided by this section.
1-14 (b) The court may order an obligor who has not completed
1-15 high school or earned an equivalent degree to participate in an
1-16 adult basic education program approved by the court. The court may
1-17 approve a program only if the program establishes a time line for
1-18 participation and completion of the program by the obligor and is
1-19 designed to lead to the completion of a high school diploma or
1-20 equivalent degree program for the obligor.
1-21 (c) The court may order an obligor to apply for a program
1-22 approved by the court offered under Chapter 301, Labor Code. An
1-23 obligor ordered to apply for a job-training program under this
1-24 subsection shall provide proof to the court that the obligor has
2-1 made a good faith effort to be accepted to and participate fully in
2-2 the program. The court may approve a program only if the program:
2-3 (1) provides on-the-job training;
2-4 (2) trains the obligor for a trade or occupation in
2-5 which employment opportunities exist at the time the obligor is
2-6 ordered to participate in the program; and
2-7 (3) allows the obligor to earn income immediately on
2-8 beginning the program.
2-9 (d) The court may order an obligor to apply for a special
2-10 program for child support obligors administered by the Texas
2-11 Department of Commerce under Chapter 301, Labor Code, if a special
2-12 program is established. A participant in the special program must
2-13 be an obligor who has not been found by the court to be delinquent
2-14 in child support payments on a previous occasion and who has a high
2-15 school diploma or the equivalent degree.
2-16 (e) The court may order an obligor to participate in a
2-17 public or private local program that meets the requirements of
2-18 Subsection (b) or (c), if a program exists in the area where the
2-19 court is located.
2-20 (f) The court has the exclusive right to determine the
2-21 enforcement option, if any, that is appropriate for an obligor
2-22 under this section. In making a determination under this section,
2-23 the court may consult any source that may reasonably assist the
2-24 court in predicting the likelihood of an obligor's success in a
2-25 program.
2-26 (g) An obligor is not eligible to participate in an
2-27 alternative enforcement option under this section on more than one
3-1 occasion.
3-2 SECTION 2. Subchapter C, Chapter 301, Labor Code, is amended
3-3 by adding Section 301.054 to read as follows:
3-4 Sec. 301.054. JOB TRAINING FOR CHILD SUPPORT OBLIGORS. (a)
3-5 The department shall establish a special program to be administered
3-6 under this chapter to provide job-training programs for persons who
3-7 are found to be delinquent in court-ordered child support payments
3-8 and ordered to participate in job-training programs under Section
3-9 14.401, Family Code.
3-10 (b) The department shall solicit funds for the establishment
3-11 of the special program under this section.
3-12 (c) The department shall allocate positions in on-the-job
3-13 training programs offered under this chapter to child support
3-14 obligors who are:
3-15 (1) obligated to support children who are recipients
3-16 of financial assistance and services under Chapter 31, Human
3-17 Resources Code; and
3-18 (2) found to be delinquent in court-ordered child
3-19 support payments and ordered to participate in job-training
3-20 programs under Section 14.401, Family Code.
3-21 SECTION 3. (a) This Act takes effect September 1, 1995, and
3-22 applies only to the enforcement by contempt of a child support
3-23 order that is entered or modified on or after that date.
3-24 (b) The enactment of this Act is not sufficient by itself to
3-25 constitute a material and substantial change in the circumstances
3-26 of a child for whose benefit a child support order has been entered
3-27 to warrant modification of the order under Section 14.08, Family
4-1 Code.
4-2 (c) The Texas Department of Commerce shall make a report to
4-3 the lieutenant governor and the speaker of the house of
4-4 representatives not later than December 1, 1996, concerning:
4-5 (1) the department's success in soliciting funds for
4-6 the special program established under Section 301.054, Labor Code,
4-7 as added by this Act; and
4-8 (2) the success of the special program as evaluated by
4-9 the department's evaluator under Chapter 301, Labor Code.
4-10 SECTION 4. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.