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.