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.