By Cuellar of Webb H.B. No. 1400 74R4427 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the suspension of certain licenses on the failure of 1-3 the license holder to pay court-ordered child support. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 14, Family Code, is amended by adding 1-6 Subchapter C to read as follows: 1-7 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE 1-8 TO PAY CHILD SUPPORT 1-9 Sec. 14.601. DEFINITIONS. In this subchapter: 1-10 (1) "Child support agency" means: 1-11 (A) the Title IV-D agency; 1-12 (B) a county or district attorney or other 1-13 county officer or agency that executes a cooperative agreement with 1-14 the Title IV-D agency to provide child support services under Part 1-15 D of Title IV of the federal Social Security Act (42 U.S.C. Section 1-16 651 et seq.), and Chapter 76, Human Resources Code; or 1-17 (C) a domestic relations office. 1-18 (2) "License" means a license, certificate, 1-19 registration, permit, or other authorization, issued by a licensing 1-20 authority and required by law or state agency rule, that a person 1-21 must obtain to: 1-22 (A) practice or engage in a particular business, 1-23 occupation, or profession; or 1-24 (B) operate a motor vehicle. 2-1 (3) "Licensing authority" means a department, 2-2 commission, board, office, or other agency of the state or a 2-3 political subdivision of the state that: 2-4 (A) issues a license; and 2-5 (B) has the authority to suspend, revoke, 2-6 forfeit, or terminate a license before its date of expiration. 2-7 (4) "Order suspending license" means an order issued 2-8 by the Title IV-D agency or a court directing a licensing authority 2-9 to suspend a license. 2-10 (5) "Title IV-D agency" means the state agency 2-11 designated under Chapter 76, Human Resources Code, to provide 2-12 services under the federal Social Security Act (42 U.S.C. Section 2-13 651 et seq.). 2-14 (6) "Title IV-D case" means an action to establish or 2-15 enforce a child support obligation filed in a court, administrative 2-16 agency, or quasi-judicial entity of this or another state brought 2-17 under the federal Social Security Act (42 U.S.C. Section 651 et 2-18 seq.). 2-19 Sec. 14.602. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER. 2-20 The following state agencies are licensing authorities subject to 2-21 this subchapter: 2-22 (1) Department of Agriculture; 2-23 (2) Texas Commission on Alcohol and Drug Abuse; 2-24 (3) Texas Alcoholic Beverage Commission; 2-25 (4) Texas Appraiser Licensing and Certification Board; 2-26 (5) Texas Board of Architectural Examiners; 2-27 (6) State Board of Barber Examiners; 3-1 (7) Texas Board of Chiropractic Examiners; 3-2 (8) Comptroller of Public Accounts; 3-3 (9) Texas Cosmetology Commission; 3-4 (10) Court Reporters Certification Board; 3-5 (11) State Board of Dental Examiners; 3-6 (12) Texas State Board of Examiners of Dietitians; 3-7 (13) Texas Funeral Service Commission; 3-8 (14) Texas Department of Health; 3-9 (15) Texas Board of Professional Land Surveying; 3-10 (16) Texas Department of Licensing and Regulation; 3-11 (17) Texas State Board of Examiners of Marriage and 3-12 Family Therapists; 3-13 (18) Texas State Board of Medical Examiners; 3-14 (19) Midwifery Board; 3-15 (20) Texas Natural Resource Conservation Commission; 3-16 (21) Board of Nurse Examiners; 3-17 (22) Texas Board of Nursing Facility Administrators; 3-18 (23) Texas Board of Occupational Therapy Examiners; 3-19 (24) Texas Optometry Board; 3-20 (25) Parks and Wildlife Department; 3-21 (26) Texas State Board of Examiners of Perfusionists; 3-22 (27) Texas State Board of Pharmacy; 3-23 (28) Texas Board of Physical Therapy Examiners; 3-24 (29) Texas State Board of Plumbing Examiners; 3-25 (30) Texas State Board of Podiatry Examiners; 3-26 (31) Polygraph Examiners Board; 3-27 (32) Texas Board of Private Investigators and Private 4-1 Security Agencies; 4-2 (33) Texas State Board of Examiners of Professional 4-3 Counselors; 4-4 (34) State Board of Registration for Professional 4-5 Engineers; 4-6 (35) Department of Protective and Regulatory Services; 4-7 (36) Texas State Board of Examiners of Psychologists; 4-8 (37) Texas State Board of Public Accountancy; 4-9 (38) Department of Public Safety of the State of 4-10 Texas; 4-11 (39) Public Utility Commission of Texas; 4-12 (40) Railroad Commission of Texas; 4-13 (41) Texas Real Estate Commission; 4-14 (42) State Securities Board; 4-15 (43) Texas State Board of Social Worker Examiners; 4-16 (44) State Board of Examiners for Speech-Language 4-17 Pathology and Audiology; 4-18 (45) Texas Structural Pest Control Board; 4-19 (46) Board of Tax Professional Examiners; 4-20 (47) Secretary of State; 4-21 (48) Supreme Court; 4-22 (49) Texas Transportation Commission; 4-23 (50) State Board of Veterinary Medical Examiners; 4-24 (51) Board of Vocational Nurse Examiners; and 4-25 (52) Texas Ethics Commission. 4-26 Sec. 14.603. SUSPENSION OF LICENSE. A court or 4-27 administrative agency shall issue an order suspending a license as 5-1 provided by this subchapter for an obligor who: 5-2 (1) is shown to have for not less than 90 days an 5-3 arrearage under a child support order in excess of the support 5-4 required to be paid; and 5-5 (2) is not in compliance with a repayment schedule. 5-6 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A 5-7 child support agency or obligee may file a petition to suspend a 5-8 license in the court of continuing jurisdiction or the court in 5-9 which a child support order has been registered under Chapter 21. 5-10 (b) In a Title IV-D case, the petition shall be filed with 5-11 the Title IV-D agency. 5-12 (c) The proceedings under this subchapter are governed by 5-13 the contested case provisions under Chapter 2001, Government Code. 5-14 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under 5-15 this subchapter must allege: 5-16 (1) the name and, if known, social security number of 5-17 the obligor; 5-18 (2) the type of license the obligor is believed to 5-19 hold and the name of the licensing authority; and 5-20 (3) the amount owed under the child support order, the 5-21 amount of support paid, and the amount of arrearages. 5-22 (b) A petition under this subchapter may include as an 5-23 attachment a copy of the record of child support payments 5-24 maintained by the Title IV-D registry or local registry. 5-25 Sec. 14.606. NOTICE. (a) On the filing of a petition under 5-26 Section 14.603, the court or Title IV-D agency shall issue to the 5-27 obligor: 6-1 (1) notice of the obligor's right to a hearing before 6-2 the court or agency; 6-3 (2) notice of the deadline for requesting a hearing; 6-4 and 6-5 (3) a hearing request form if the proceeding is in a 6-6 Title IV-D case. 6-7 (b) Notice under this section may be served as in civil 6-8 cases generally. 6-9 (c) The notice must state that an order suspending license 6-10 shall be rendered on the 60th day after the date of service of the 6-11 notice unless by that date: 6-12 (1) the court or Title IV-D agency receives proof that 6-13 all arrearages and the current month's child support obligation 6-14 have been paid; 6-15 (2) the child support agency or obligee files a 6-16 certification that the obligor is in compliance with a reasonable 6-17 repayment schedule; or 6-18 (3) the obligor appears at a hearing before the court 6-19 or Title IV-D agency and shows that the request for suspension 6-20 should be denied or stayed. 6-21 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A 6-22 request for a hearing and motion to stay suspension must be filed 6-23 with the court or Title IV-D agency by the obligor not later than 6-24 the 20th day after the date of service of the notice under Section 6-25 14.606. 6-26 (b) If a request for a hearing is filed, the court or Title 6-27 IV-D agency shall: 7-1 (1) promptly schedule a hearing; 7-2 (2) notify each party of the date, time, and location 7-3 of the hearing; and 7-4 (3) stay suspension pending the hearing. 7-5 (c) A record of child support payments made by the Title 7-6 IV-D agency or a local registry is evidence of whether the payments 7-7 were made. A copy of the record appearing regular on its face 7-8 shall be admitted as evidence at a hearing under this subchapter, 7-9 including a hearing on a motion to revoke a stay. Either party may 7-10 offer controverting evidence. 7-11 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) The court or 7-12 Title IV-D agency shall render a final order suspending license 7-13 unless the court or agency finds that: 7-14 (1) all arrearages and the current month's child 7-15 support have been paid; 7-16 (2) the obligor did not, at the time the petition was 7-17 served, have an arrearage in excess of the amount of child support 7-18 payable under a child support order for 90 days or more; or 7-19 (3) the obligor, at the time the petition was filed, 7-20 was in compliance with a repayment schedule. 7-21 (b) If the obligor has entered into a reasonable repayment 7-22 plan or if the court determines that the obligor's failure to pay 7-23 child support was because of the obligor's inability to pay the 7-24 child support, the court or Title IV-D agency may render an order 7-25 suspending license with a stay of the suspension conditioned on the 7-26 obligor's compliance. An order suspending license with a stay of 7-27 suspension may not be served on the licensing authority while the 8-1 obligor is in compliance with the repayment plan or with a court 8-2 order to participate in a job search or job training program 8-3 designated by the court and to begin paying child support in an 8-4 amount ordered by the court. 8-5 (c) A final order suspending license rendered by a court or 8-6 the Title IV-D agency shall be forwarded to the appropriate 8-7 licensing authority. 8-8 (d) If the court or Title IV-D agency renders an order 8-9 suspending license, the obligor may also be ordered not to engage 8-10 in the licensed activity. 8-11 (e) If the court or Title IV-D agency finds that the 8-12 petition for suspension should be denied, the petition shall be 8-13 dismissed without prejudice, and an order suspending license may 8-14 not be rendered. 8-15 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency 8-16 shall consider the allegations of the petition for suspension to be 8-17 admitted and shall render an order suspending license if the 8-18 obligor fails to: 8-19 (1) respond to a notice issued under Section 14.606; 8-20 (2) request a hearing; or 8-21 (3) appear at a hearing. 8-22 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order 8-23 issued by a Title IV-D agency under this subchapter is a final 8-24 agency decision and is subject to review under the substantial 8-25 evidence rule as provided by Chapter 2001, Government Code. 8-26 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt 8-27 of a final order suspending license, the licensing authority shall 9-1 immediately determine if the authority has issued a license to the 9-2 obligor named on the order and, if a license has been issued: 9-3 (1) record the suspension of the license in the 9-4 licensing authority's records; 9-5 (2) report the suspension as appropriate; and 9-6 (3) demand surrender of the suspended license if 9-7 required by law for other cases in which a license is suspended. 9-8 (b) A licensing authority shall implement the terms of a 9-9 final order suspending license without additional review or 9-10 hearing. The authority may provide notice as appropriate to the 9-11 license holder or to others concerned with the license. 9-12 (c) A licensing authority may not modify, remand, reverse, 9-13 vacate, or stay an order suspending license issued under this 9-14 subchapter and may not review, vacate, or reconsider the terms of a 9-15 final order suspending license. 9-16 (d) An obligor who is the subject of a final order 9-17 suspending license is not entitled to a refund for any fee or 9-18 deposit paid to the licensing authority. 9-19 (e) An obligor who continues to engage in the business, 9-20 occupation, profession, or other licensed activity after the 9-21 implementation of the order suspending license by the licensing 9-22 authority is liable for the same civil and criminal penalties 9-23 provided for engaging in the licensed activity without a license or 9-24 while a license is suspended. 9-25 (f) A licensing authority is exempt from liability to a 9-26 license holder for any act authorized under this subchapter 9-27 performed by the authority. 10-1 (g) Except as provided by this subchapter, an order 10-2 suspending license or dismissing a petition for the suspension of a 10-3 license does not affect the power of a licensing authority to 10-4 grant, deny, suspend, revoke, terminate, or renew a license. 10-5 (h) The denial or suspension of a driver's license under 10-6 this subchapter is governed by this subchapter and not by the 10-7 general licensing provisions of Chapter 173, Acts of the 47th 10-8 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas 10-9 Civil Statutes). 10-10 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee, 10-11 support enforcement agency, court, or Title IV-D agency may file a 10-12 motion to revoke the stay of an order suspending license if the 10-13 obligor does not comply with the conditions of the stay ordered by 10-14 the court under Section 14.608(b). 10-15 (b) Notice to the obligor of a motion to revoke stay under 10-16 this section may be given by personal service or by mail to the 10-17 address provided by the obligor, if any, in the order suspending 10-18 license. The notice must include a notice of hearing. The notice 10-19 must be provided to the obligor not less than 10 days before the 10-20 date of the hearing. 10-21 (c) A motion to revoke stay must allege the manner in which 10-22 the obligor failed to comply with the conditions of the stay 10-23 ordered by the court under Section 14.608(b). 10-24 (d) If the court or Title IV-D agency finds that the obligor 10-25 is not in compliance with the conditions of the stay ordered by the 10-26 court under Section 14.608(b), the court or agency shall revoke the 10-27 stay of the order suspending license and render a final order 11-1 suspending license. 11-2 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE. 11-3 (a) The court or Title IV-D agency may render an order vacating or 11-4 staying an order suspending license if the obligor has paid all 11-5 delinquent child support or has established a satisfactory payment 11-6 record. 11-7 (b) The court or Title IV-D agency shall promptly deliver an 11-8 order vacating or staying an order suspending license to the 11-9 appropriate licensing authority. 11-10 (c) On receipt of an order vacating or staying an order 11-11 suspending license, the licensing authority shall promptly issue 11-12 the affected license to the obligor if the obligor is otherwise 11-13 qualified for the license. 11-14 (d) An order rendered under this section does not affect the 11-15 right of the child support agency or obligee to any other remedy 11-16 provided by law, including the right to seek relief under this 11-17 subchapter. An order rendered under this section does not affect 11-18 the power of a licensing authority to grant, deny, suspend, revoke, 11-19 terminate, or renew a license as otherwise provided by law. 11-20 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing 11-21 authority may charge a fee to an obligor who is the subject of an 11-22 order suspending license in an amount sufficient to recover the 11-23 administrative costs incurred by the authority under this 11-24 subchapter. 11-25 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND 11-26 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from 11-27 each licensing authority the name, address, social security number, 12-1 license renewal date, and other identifying information for each 12-2 individual who holds, applies for, or renews a license issued by 12-3 the authority. 12-4 (b) A licensing authority shall provide the requested 12-5 information in the manner agreed to by the Title IV-D agency and 12-6 the licensing authority. 12-7 (c) The Title IV-D agency may enter into a cooperative 12-8 agreement with a licensing authority to administer this subchapter 12-9 in a cost-effective manner. 12-10 (d) The Title IV-D agency may adopt a reasonable 12-11 implementation schedule for the requirements of this section. 12-12 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D 12-13 agency by rule shall prescribe forms and procedures for the 12-14 implementation of this subchapter. 12-15 SECTION 2. (a) This Act takes effect September 1, 1995. 12-16 (b) The change in law made by this Act relating to the 12-17 suspension of a license applies only to: 12-18 (1) child support payments owed on or after the 12-19 effective date of this Act; and 12-20 (2) a license that is valid on or after the effective 12-21 date of this Act. 12-22 SECTION 3. The importance of this legislation and the 12-23 crowded condition of the calendars in both houses create an 12-24 emergency and an imperative public necessity that the 12-25 constitutional rule requiring bills to be read on three several 12-26 days in each house be suspended, and this rule is hereby suspended.