By Van de Putte                                       H.B. No. 1189
       74R1654 CLG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to reporting certain delinquent child support payments to
    1-3  a consumer reporting agency.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 76, Human Resources Code, is amended by
    1-6  adding Section 76.010 to read as follows:
    1-7        Sec. 76.010.  REPORTS OF DELINQUENT CHILD SUPPORT PAYMENTS TO
    1-8  CONSUMER REPORTING AGENCIES.  (a)  The attorney general shall
    1-9  provide information in accordance with this section to a consumer
   1-10  reporting agency that submits a written request regarding the
   1-11  amount of delinquent child support owed by a noncustodial parent in
   1-12  a Title IV-D case.
   1-13        (b)  Before disclosing the information to the consumer
   1-14  reporting agency, the attorney general shall send the noncustodial
   1-15  parent a notice by certified mail to the noncustodial parent's last
   1-16  known address.  The notice must include:
   1-17              (1)  the name and address of the consumer reporting
   1-18  agency;
   1-19              (2)  the information to be released;
   1-20              (3)  the procedure available for the noncustodial
   1-21  parent to contest the accuracy of the information; and
   1-22              (4)  a statement that the information will be released
   1-23  if the noncustodial parent fails to contest the disclosure before
   1-24  the 21st day after the date of mailing of the notice.
    2-1        (c)  If the noncustodial parent does not contest the
    2-2  disclosure within the period specified by Subsection (b), the
    2-3  attorney general shall provide the requested information to the
    2-4  consumer reporting agency.
    2-5        (d)  The attorney general may charge a consumer reporting
    2-6  agency a reasonable fee for providing information under this
    2-7  section, including all applicable mailing costs.
    2-8        (e)  In this section:
    2-9              (1)  "Consumer reporting agency" has the meaning
   2-10  assigned by Section 18.01, Business & Commerce Code.
   2-11              (2)  "Title IV-D case" has the meaning assigned by
   2-12  Section 14.80, Family Code.
   2-13        SECTION 2.  Section 76.006(c), Human Resources Code, is
   2-14  amended to read as follows:
   2-15        (c)  The attorney general may use or release information from
   2-16  the files and records, including information that results from a
   2-17  communication made by a recipient of financial assistance under
   2-18  Chapter 31 or by an applicant for or recipient of services under
   2-19  Section 76.004, for purposes directly connected with the
   2-20  administration of the child support, paternity determination,
   2-21  parent locator, or aid to families with dependent children
   2-22  programs.  The attorney general may release information from the
   2-23  files and records to a consumer reporting agency in accordance with
   2-24  Section 76.010.
   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,
    3-3  and that this Act take effect and be in force from and after its
    3-4  passage, and it is so enacted.