By Goodman, Van de Putte H.B. No. 2664
Substitute the following for H.B. No. 2664:
By Van de Putte C.S.H.B. No. 2664
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of certain child support and medical
1-3 support obligations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. POWERS AND DUTIES OF ATTORNEY GENERAL
1-6 SECTION 1.01. Chapter 231, Family Code, is amended by adding
1-7 Section 231.0011 to read as follows:
1-8 Sec. 231.0011. DEVELOPMENT OF STATE WIDE INTEGRATED SYSTEM
1-9 FOR CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT. (a) The
1-10 attorney general, as the Title IV-D agency for the state of Texas
1-11 shall have final approval authority on any contract or proposal for
1-12 delivery of IV-D services under this section, and in coordination
1-13 with the Texas Judicial Council, the Office of Court
1-14 Administration, the federal Office of Child Support Enforcement,
1-15 state, county and local officials, shall develop and implement a
1-16 statewide system for child support and medical support enforcement,
1-17 employing federal, state, local and private resources to:
1-18 (1) unify child support registry functions;
1-19 (2) record and track all child support orders entered
1-20 in the state;
1-21 (3) establish an automated enforcement process which
1-22 will use delinquency monitoring, billing and other enforcement
1-23 techniques to ensure the payment of current support;
1-24 (4) incorporate existing enforcement resources into
2-1 the system to obtain maximum benefit from state and federal
2-2 funding; and
2-3 (5) ensure accountability for all participants in the
2-4 process, including state, county and local officials, private
2-5 contractors, and the judiciary.
2-6 (b) The attorney general shall convene a workgroup to
2-7 determine a process and develop a time-table for implementation of
2-8 a unified registry system, and to identify any barriers to
2-9 completion of the project. The workgroup shall include
2-10 representatives of the judiciary, district clerks and domestic
2-11 relations Offices, as well as other interested agencies,
2-12 organizations and individuals. The workgroup shall report the
2-13 results of its deliberations to the governor, lieutenant governor,
2-14 speaker of the house of representatives and the attorney general on
2-15 or before January 15, 1996.
2-16 (c) The attorney general shall, in cooperation with the
2-17 workgroup established by this section, develop technical standards
2-18 for participation in the unified child support system, including
2-19 standard required data elements for effective monitoring of child
2-20 support and medical support orders, and for the imposition of
2-21 interest on delinquent child support.
2-22 (d) Counties and other providers of child support services
2-23 shall be required, as a condition of participation in the unified
2-24 system, to enter into a contract with the attorney general and
2-25 comply with all federal requirements for the Title IV-D program,
2-26 and to maintain at least the current level of funding for
2-27 activities which are proposed to be included in the integrated
3-1 child support system.
3-2 (e) The attorney general shall identify federal
3-3 requirements, apply for necessary federal waivers, and provide
3-4 technical system requirements and other information concerning
3-5 participation in the system to counties and other providers of
3-6 child support services, not later than January 15, 1996. Counties
3-7 shall notify the attorney general of existing resources and options
3-8 for participation not later than May 1, 1996.
3-9 (f) Not later than June 1, 1996, the attorney general shall
3-10 produce a procurement and implementation plan for hardware and
3-11 software necessary to implement in phases a unified state wide
3-12 registry and enforcement system.
3-13 (g) Effective January 15, 1996, the attorney general may
3-14 contract with any county meeting technical system requirements
3-15 necessary to comply with federal law for provision of Title IV-D
3-16 services in that county. All new cases in which support orders are
3-17 entered in such county after the effective date of a monitoring
3-18 contract shall be Title IV-D cases. Any other case in the county,
3-19 subject to federal requirements and the agreement of the county and
3-20 the attorney general, may be included as a Title IV-D case. Any
3-21 obligee under a support order may refuse Title IV-D enforcement
3-22 services unless required to accept such services pursuant to other
3-23 law.
3-24 (h) Counties participating in the unified enforcement system
3-25 shall monitor all child support registry cases and upon delinquency
3-26 may, subject to the approval of the Title IV-D agency, provide
3-27 enforcement services through:
4-1 (1) direct provision of services by county personnel;
4-2 (2) subcontracting all or portions of the services to
4-3 private entities or attorneys; or
4-4 (3) such other methods as may be approved by the Title
4-5 IV-D agency.
4-6 (i) The attorney general shall undertake a least-cost review
4-7 of its child support operations and shall use the information
4-8 developed in such review to determine what, if any, contribution of
4-9 program funds generated through other Title IV-D activities should
4-10 be made to the participating counties. The attorney general, in
4-11 cooperation with the counties and the federal Office of Child
4-12 Support Enforcement shall develop a cost allocation methodology to
4-13 assist the counties in identifying county contributions which may
4-14 qualify for federal financial participation.
4-15 (j) The attorney general may phase in the integrated child
4-16 support registry and enforcement system, and the requirement to
4-17 implement the system shall be contingent upon the receipt of
4-18 locally generated funds and federal reimbursement; "locally
4-19 generated funds" include, but are not limited to, funds contributed
4-20 by counties and cities.
4-21 (k) The attorney general shall adopt rules to implement this
4-22 section.
4-23 SECTION 1.02. Chapter 231, Family Code, is amended by adding
4-24 Section 231.113 to read as follows:
4-25 Section 231.113. ENFORCEMENT OF SUPPORT OBLIGATIONS IN
4-26 PUBLIC ASSISTANCE CASES. To the extent possible, the Title IV-D
4-27 agency shall enforce a child support obligation in a case involving
5-1 a child who receives financial assistance under Chapter 31, Human
5-2 Resources Code, not later than the first anniversary of the date
5-3 the agency receives from the Texas Department of Human Services the
5-4 information the department is required to provide to assist in the
5-5 enforcement of that obligation.
5-6 SECTION 1.03. Sections 231.109(b) and (d), Family Code, are
5-7 amended to read as follows:
5-8 (b) The Title IV-D agency may contract with private
5-9 attorneys, other private entities, or political subdivisions of the
5-10 state to provide services in Title IV-D cases <represent this state
5-11 or another state in an action brought under the authority of
5-12 federal law and this chapter>.
5-13 (d) An attorney employed to provide Title IV-D services <by
5-14 the Title IV-D agency or as otherwise provided by this chapter>
5-15 represents the interest of the state and not the interest of any
5-16 other party. The provision of services by an attorney under this
5-17 chapter does not create an attorney-client relationship between the
5-18 attorney and any other party. The agency shall, at the time an
5-19 application for child support services is made, inform the
5-20 applicant that neither the Title IV-D agency nor any attorney who
5-21 provides services under this chapter is the applicant's attorney
5-22 and that the attorney providing services under this chapter does
5-23 not provide legal representation to the applicant.
5-24 SECTION 1.04. Section 231.202, Family Code, is amended to
5-25 read as follows:
5-26 Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES.
5-27 In a Title IV-D case filed under this title, the Title IV-D agency
6-1 shall pay:
6-2 (1) filing fees and fees for issuance and service of
6-3 process as provided by Chapter 110 of this code and by Sections
6-4 51.317, 51.318(b)(2), and 51.319(4), Government Code;
6-5 (2) fees for transfer as provided by Chapter 110;
6-6 (3) fees for the issuance and delivery of orders and
6-7 writs of income withholding in the amounts provided by Chapter 110;
6-8 and
6-9 (4) a fee of $45 for each item of process to each
6-10 individual on whom service is required, including service by
6-11 certified or registered mail, to be paid to a sheriff, constable,
6-12 or clerk whenever service of process is required<; and>
6-13 <(5) mileage costs incurred by a sheriff or constable
6-14 when traveling out of the county to execute an outstanding warrant
6-15 or capias, to be reimbursed at a rate not to exceed the rate
6-16 provided for mileage incurred by state employees in the General
6-17 Appropriations Act>.
6-18 SECTION 105. Section 231.304, Family Code, is amended by
6-19 amending Subsections (b) and (h), and adding Subsections (j), (k),
6-20 (l), and (m) to read as follows:
6-21 (b) The Title IV-D agency, the Department of Human Services,
6-22 the Workers' Compensation Commission and the Texas Employment
6-23 Commission shall create and develop a voluntary ENHR program to
6-24 provide a means for employers to assist in the state's efforts to
6-25 prevent fraud in the welfare, workers' compensation and
6-26 unemployment insurance programs, locate absent parents who owe
6-27 child support and collect support from those parents, by reporting
7-1 information concerning newly hired and rehired employees directly
7-2 to a centralized state database <the child support enforcement
7-3 program>. In order to encourage use of the ENHR program, employer
7-4 reporting requirements shall be simplified and standardized.
7-5 (h) Subject to approval of the agencies involved and any
7-6 requirements of federal law, the centralized database shall make
7-7 the information on <For> each employee reported under the ENHR
7-8 program available for:
7-9 (1) purposes directly connected with the
7-10 administration of a plan or program for unemployment benefits,
7-11 workers' compensation benefits, child support, or public
7-12 assistance;
7-13 (2) an investigation or a civil or criminal
7-14 prosecution relating to the administration of such plan or program;
7-15 or
7-16 (3) the administration of any other Federal or
7-17 Federally assisted program which provides assistance, in cash or in
7-18 kind, or services, directly to individuals on the basis of need
7-19 <the Title IV-D agency shall retain the information only if the
7-20 agency is responsible for establishing, enforcing, or collecting a
7-21 support obligation or debt of the employee or reporting to a court,
7-22 domestic relations office, or a friend of the court the location of
7-23 a parent who is denying possession of or access to a person with a
7-24 valid possession order. If the agency does not have any of those
7-25 responsibilities, the agency shall not create a record regarding
7-26 the employee and their information contained in the notice shall be
7-27 promptly destroyed.>
8-1 (j) An employer participating in the ENHR program is
8-2 strongly encouraged to report information about health insurance
8-3 coverage available through the employer in which a dependent child
8-4 may be enrolled under Section 14.061, Family Code.
8-5 (k) To expand the ENHR program, the Title IV-D agency shall
8-6 work closely with the Texas Employment Commission, the Texas
8-7 Workers' Compensation Commission, the comptroller, the Texas
8-8 Department of Commerce, the secretary of state, and employer
8-9 groups. Efforts to expand the program shall include:
8-10 (1) regularly sending to employers solicitations for
8-11 participation in the program and promotional information about the
8-12 program that includes information on:
8-13 (A) the program's impact on child support and
8-14 medical support enforcement;
8-15 (B) savings in public assistance payments
8-16 attributable to the program;
8-17 (C) benefits to employers and taxpayers of the
8-18 fraud prevention aspects of the program;
8-19 (D) participation requirements; and
8-20 (E) awards available for business participation;
8-21 and
8-22 (2) developing a public awareness program that:
8-23 (A) stresses the importance of securing
8-24 financial support for all children; and
8-25 (B) informs the public about the ENHR program.
8-26 (l) The affected agencies may pool resources, develop a cost
8-27 allocation plan, determine the most cost-effective means of
9-1 establishing and funding the required database, and issue rules,
9-2 solicit bids, or enter into contracts to carry out the purposes of
9-3 this section.
9-4 (m) The affected agencies shall implement the plan to create
9-5 the ENHR database, if cost-effective, using existing funding and
9-6 considering savings and revenue gains that may result from the use
9-7 of such system.
9-8 SECTION 1.06. Chapter 231, Family Code, is amended by adding
9-9 Section 231.305 to read as follows:
9-10 Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
9-11 FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D
9-12 agency and the Texas Department of Human Services by rule shall
9-13 adopt a memorandum of understanding governing the establishment and
9-14 enforcement of court-ordered child support in cases involving
9-15 children who receive financial assistance under Chapter 31, Human
9-16 Resources Code. The memorandum shall require the agency and the
9-17 department to:
9-18 (1) develop procedures to ensure that the information
9-19 the department is required to collect to establish and enforce
9-20 child support:
9-21 (A) is collected from the person applying to
9-22 receive the financial assistance at the time the application is
9-23 filed;
9-24 (B) is accurate and complete when the department
9-25 forwards the information to the agency; and
9-26 (C) is not information previously reported to
9-27 the agency;
10-1 (2) develop procedures to ensure that the agency does
10-2 not duplicate the efforts of the department in gathering necessary
10-3 information;
10-4 (3) clarify each agency's responsibilities in the
10-5 establishment and enforcement of child support; and
10-6 (4) develop guidelines for use by eligibility workers
10-7 and child support enforcement officers in obtaining from an
10-8 applicant the information required to establish and enforce child
10-9 support for that child.
10-10 (b) The Title IV-D agency and the Texas Department of Human
10-11 Services semiannually shall review and renew or modify the
10-12 memorandum as necessary.
10-13 SECTION 1.07. Section 231.209, Family Code, is amended to
10-14 read as follows:
10-15 Sec. 231.209. PAYMENT FOR SERVICES NOT AFFECTED BY THIS
10-16 SUBCHAPTER. Without regard to this subchapter and specifically
10-17 Section 231.205, the Title IV-D agency may pay the costs for:
10-18 (1) the services of an official court reporter for the
10-19 preparation of statements of facts; <and>
10-20 (2) the costs for the publication of citation served
10-21 by publication; and
10-22 (3) mileage or other reasonable travel costs incurred
10-23 by a sheriff or constable when traveling out of the county to
10-24 execute an outstanding warrant or capias, to be reimbursed at a
10-25 rate not to exceed the rate provided for mileage or other costs
10-26 incurred by state employees in the General Appropriations Act.
10-27 ARTICLE 2. ENFORCEMENT OF CHILD SUPPORT
11-1 AND MEDICAL SUPPORT OBLIGATIONS
11-2 SECTION 2.01. Section 102.007, Family Code, is amended to
11-3 read as follows:
11-4 Sec. 102.007. STANDING OF TITLE IV-D AGENCY. In providing
11-5 services authorized by Chapter 231, the Title IV-D agency or a
11-6 political subdivision contracting with the attorney general to
11-7 provide Title IV-D services under this title may file a child
11-8 support action authorized under this title, including a suit for
11-9 modification or a motion for enforcement.
11-10 SECTION 2.02. Subchapter B, Chapter 231, Family Code, is
11-11 amended by adding Section 231.306 to read as follows:
11-12 Sec. 231.306. MAXIMIZING MEDICAL SUPPORT ESTABLISHMENT AND
11-13 COLLECTION BY THE TITLE IV-D AGENCY. (a) On the installation of
11-14 an automated child support enforcement system, the Title IV-D
11-15 agency is strongly encouraged to:
11-16 (1) maximize the collection of medical support; and
11-17 (2) establish cash medical support orders for children
11-18 eligible for medical assistance under the state Medicaid program
11-19 for whom private insurance coverage is not available.
11-20 (b) In this section, "medical support" has the meaning
11-21 assigned by Section 101.020.
11-22 SECTION 2.03. Section 101.005, Family Code, is amended to
11-23 read as follows:
11-24 Sec. 101.005. CHILD SUPPORT REVIEW OFFICER. "Child support
11-25 review officer" means an individual designated and trained by a
11-26 child support agency to conduct reviews under this title <who has
11-27 received family law mediation training>.
12-1 SECTION 2.04. Subchapter E, Chapter 231, Family Code, is
12-2 amended in sections, subsections, and parts of sections relating to
12-3 the child support review process to establish or enforce support
12-4 obligations to read as follows:
12-5 Sec. 231.401. PURPOSE. The purpose of the child support
12-6 review process authorized by this subchapter is to provide child
12-7 support agencies an opportunity to resolve routine child support
12-8 actions through <negotiation,> agreement of the parties<,> or
12-9 uncontested orders.
12-10 Sec. 231.402. AGREEMENTS ENCOURAGED. To the extent
12-11 permitted by this subchapter, child support agencies shall make the
12-12 child support review process understandable to all parties and
12-13 shall encourage agreements <through mediation>.
12-14 Sec. 231.405. INITIATING CHILD SUPPORT REVIEW. <(a) A
12-15 child support agency may review and assess the financial resources
12-16 of a child's parent or of a person presumed or alleged to be the
12-17 child's father from whom child support is requested to determine
12-18 the resources that are available for the support of the child and
12-19 to determine what action is appropriate.>
12-20 <(b)> An administrative action under this subchapter may be
12-21 initiated by issuing a notice of child support review to each party
12-22 entitled to notice <the parents and to the presumed or alleged
12-23 father of a child>.
12-24 Sec. 231.406. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.
12-25 (a) The notice of child support review must:
12-26 (1) describe the procedure for a child support review;
12-27 (2) inform the recipient that the recipient <is not
13-1 required to participate in the child support review and> may be
13-2 represented by legal counsel during the review process or at a
13-3 court hearing;
13-4 (3) inform the recipient that the recipient may refuse
13-5 to participate or cease participation in the child support review
13-6 process, but that the refusal by the recipient to participate will
13-7 not prevent the completion of the process or the filing of a child
13-8 support review order <during any stage of the review but that the
13-9 review will continue to completion and that afterward the recipient
13-10 may request a court hearing>;
13-11 (4) include an affidavit of financial resources; and
13-12 (5) include a request that the recipient designate, on
13-13 a form provided by the child support agency, an address for mailing
13-14 any additional notice to the recipient.
13-15 Sec. 231.407. NOTICE BY MAIL. (a) A notice required in an
13-16 administrative action under this subchapter must be delivered or
13-17 served by first class mail or certified mail on each party entitled
13-18 to citation or notice as provided by Chapter 102.
13-19 (b) <If notice is served by mail, three days must be added
13-20 to the time in which the person is required to respond.>
13-21 <(c)> This section does not apply to notice required on
13-22 filing of a child support review order or to later judicial
13-23 actions.
13-24 Sec. 231.408. ADMINISTRATIVE SUBPOENA IN CHILD SUPPORT
13-25 REVIEW. (a) In a child support review under this subchapter, a
13-26 child support agency may issue an administrative subpoena to <a
13-27 parent, a person presumed or alleged to be the father of a child
14-1 for whom support is requested, or> any individual or organization
14-2 believed to have information on the financial resources of the
14-3 parent or presumed or alleged father.
14-4 (b) A court may compel compliance with an administrative
14-5 subpoena and award attorney's fees and costs to a child support
14-6 agency enforcing an administrative subpoena on proof that an
14-7 individual or organization failed to comply with the subpoena
14-8 without good cause.
14-9 Sec. 231.409. SCHEDULING AND CONDUCTING NEGOTIATION
14-10 CONFERENCE. (a) The child support agency may schedule a
14-11 negotiation conference without a request from a party.
14-12 (b) The child support agency shall schedule a negotiation
14-13 conference on the timely request of a party <person who completes
14-14 and returns an affidavit of financial resources>.
14-15 (c) A negotiation conference, or any part of a negotiation
14-16 conference, may be conducted by telephone conference call or by
14-17 video conference as well as in person. The negotiation conference
14-18 may be adjourned for a reasonable time to permit mediation of
14-19 issues that cannot be resolved by the parties and the child support
14-20 agency.
14-21 Sec. 231.410. TIME FOR NEGOTIATION CONFERENCE; NOTICE
14-22 REQUIRED. <(a) A child support review or negotiation conference
14-23 under this subchapter shall be conducted not later than the 45th
14-24 day after the date all notices of child support review have been
14-25 sent to the parties to the action.>
14-26 <(b)> All parties entitled to notice of the negotiation
14-27 conference shall be notified of the date, time, and place of the
15-1 negotiation conference not later than the 10th day before the date
15-2 of the negotiation conference.
15-3 Sec. 231.411. RESCHEDULING NEGOTIATION CONFERENCE; NOTICE
15-4 REQUIRED. A negotiation conference may be rescheduled or adjourned
15-5 on the request of any party at the discretion of the child support
15-6 review officer. All parties must be given notice of the
15-7 rescheduling not later than the third day before the date of the
15-8 rescheduled negotiation conference.
15-9 Sec. 231.412. INFORMATION REQUIRED TO BE PROVIDED AT
15-10 NEGOTIATION CONFERENCE. At the beginning of the negotiation
15-11 conference, the child support review officer shall review with the
15-12 <inform all> parties participating in the conference information
15-13 provided in the notice of child support review and inform the
15-14 parties <in attendance> that:
15-15 (1) the purpose of the negotiation conference is to
15-16 provide an opportunity <attempt> to reach an agreement on a
15-17 <regarding> child support order <payments>;
15-18 (2) <a party does not have to participate in the
15-19 negotiation conference and may request a court hearing;>
15-20 <(3) a party may be represented by an attorney chosen
15-21 by the party;>
15-22 <(4) the parties may stop participating in the
15-23 negotiation conference at any time but that the child support
15-24 review will continue until completed, and, if a child support
15-25 review order is issued, a party may request a court hearing;>
15-26 <(5)> if the parties reach an agreement, the review
15-27 officer will prepare an agreed review order <for the parties'
16-1 signatures>;
16-2 (3) <(6)> a party does not have to sign a review order
16-3 prepared by the child support review officer; and
16-4 (4) <(7) even though> a party <signs an agreed review
16-5 order, the party> may request a court hearing at any time before
16-6 the 20th day after the date a petition for confirmation of the
16-7 order is filed <child support review order is confirmed by a
16-8 court>.
16-9 Sec. 231.414. RECORD NOT REQUIRED. (a) For the purposes of
16-10 this subchapter, documentary evidence relied on by the child
16-11 support review officer, including an <written> affidavit of a
16-12 party, together with <the written findings, and> the child support
16-13 review order is <from a negotiation conference are> a sufficient
16-14 record of the proceedings.
16-15 Sec. 231.415 ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR
16-16 FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If the
16-17 negotiation conference does not result in agreement by all parties
16-18 to the <an agreed> child support review order, the review officer
16-19 shall promptly issue and sign a final decision in the form of a
16-20 child support review order<,> or a determination that a child
16-21 support review order should not be issued, not later than the fifth
16-22 day after the date of the negotiation conference.
16-23 (b) If <On the day that a child support review order is
16-24 issued or> a determination is made that a child support order will
16-25 not be issued, each party to a child support review proceeding
16-26 shall be furnished immediately by hand delivery or by mail <a copy
16-27 of the order or> notice of the determination.
17-1 Sec. 231.416. VACATING CHILD SUPPORT REVIEW ORDER. (a) The
17-2 review officer may vacate a child support review order on the
17-3 officer's own motion at any time before the order is filed with the
17-4 court.
17-5 (b) A new negotiation conference, with notice to all
17-6 parties, may <shall> be scheduled or the officer may make a
17-7 determination that a child support review order should not be
17-8 issued and give notice of that determination as provided by this
17-9 subchapter <to take place not later than the 10th day after the
17-10 date the child support review order was vacated>.
17-11 Sec. 231.417. CONTENTS OF CHILD SUPPORT REVIEW ORDER. (a)
17-12 An agreed child support review order must contain all provisions
17-13 that are appropriate for an order under this title.
17-14 (b) A child support review order that is not agreed to must
17-15 include child support and medical support provisions, including a
17-16 determination of arrearages or retroactive support.
17-17 (c) A child support review order providing for the
17-18 enforcement of an order may not contain a provision that imposes
17-19 incarceration or a fine or contains a finding of contempt.
17-20 (d) A child support review order that establishes or
17-21 modifies an amount of previously ordered support must include the
17-22 findings required by Section 154.130.
17-23 (e) A child support review order that is not agreed to by
17-24 all the parties may specify and reserve for the court at the
17-25 confirmation hearing unresolved issues relating to conservatorship
17-26 or possession of a child.
17-27 Sec. 231.418. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT
18-1 REVIEW ORDER. If a negotiation conference results in an agreement
18-2 <by all parties>, the <a> child support review order must be signed
18-3 by each party who agrees to the order, must contain the provisions
18-4 required by Section 231.417, <all parties to the action> and, as to
18-5 each party in agreement with the order, must contain:
18-6 (1) a waiver by the <each> party of the right to
18-7 service <and> of process, <the right to> a court hearing and the
18-8 making of a record on the petition for confirmation;
18-9 (2) the mailing address of the <each> party; and
18-10 (3) the following statement printed on the order in
18-11 boldface or in all capital letters;
18-12 "I KNOW THAT I DO NOT HAVE TO SIGN THIS <AGREED> CHILD
18-13 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO BE
18-14 PERSONALLY SERVED WITH THE PETITION FOR CONFIRMATION OF THIS
18-15 ORDER <HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
18-16 MATTER>. I KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND
18-17 WITHDRAW MY AGREEMENT TO THE TERMS OF THIS ORDER AND REQUEST
18-18 THAT A COURT DECIDE THIS MATTER BY FILING A REQUEST FOR COURT
18-19 HEARING AT ANY TIME BEFORE THE 20TH DAY AFTER THE DATE THE
18-20 PETITION FOR CONFIRMATION OF THE ORDER IS FILED WITH THE
18-21 CLERK OF THE COURT. I KNOW THAT IF I FAIL TO FILE A REQUEST
18-22 FOR A COURT HEARING A COURT MAY CONFIRM AND APPROVE THIS
18-23 ORDER WITHOUT A HEARING, AND THE ORDER WILL BECOME A VALID
18-24 COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE TERMS OF THIS
18-25 ORDER I MAY BE HELD IN CONTEMPT OF COURT."
18-26 Sec. 231.420. CONTENTS OF PETITION FOR CONFIRMATION;
18-27 DOCUMENTARY EVIDENCE TO BE FILED WITH PETITION. (a) A petition
19-1 for confirmation shall must include the final child support review
19-2 order as an attachment to the petition.
19-3 (b) Documentary evidence relied on by the child support
19-4 agency, including, if applicable, a <verified written report of a
19-5 paternity testing expert concerning the results of paternity
19-6 testing conducted in the case or a> statement of paternity or a
19-7 written report of a parentage testing expert, shall be filed with
19-8 the clerk as exhibits to the petition, but are not required to be
19-9 served on the parties. The petition must identify the exhibits
19-10 that are filed with the clerk.
19-11 Sec. 231.421. DUTIES OF CLERK OF COURT. (a) On the filing
19-12 of a petition for confirmation, the clerk of court shall endorse on
19-13 the petition the date and time that the petition is filed <and sign
19-14 the endorsement>.
19-15 (b) If the petition is for an original action, the clerk
19-16 shall endorse the appropriate court and cause number on the
19-17 petition.
19-18 (c) If the petition is to confirm an agreed child support
19-19 review order under this subchapter, the child support agency
19-20 <clerk> shall mail to each party that agreed to the order, at the
19-21 address shown on the order, a copy of the petition with <and
19-22 written notice of the filing of the petition that states> the
19-23 court, filing date, and cause number of the case. The clerk shall
19-24 note on the docket that the notice was mailed. The child support
19-25 agency shall file a certificate of service showing the date of the
19-26 mailing to each party.
19-27 (d) The <If the petition is to confirm an order other than
20-1 an agreed order, the> clerk shall issue service of citation,
20-2 including a copy of the petition and the child support review
20-3 order, to each party entitled to service who has not waived
20-4 service.
20-5 (e) A clerk of a district court is entitled to collect in a
20-6 child support review case the fees authorized in a Title IV-D case
20-7 by this chapter <a fee for:>
20-8 <(1) the filing of a petition under this section as
20-9 provided by Section 51.317(b)(1), Government Code;>
20-10 <(2) the issuance of notice or process as provided by
20-11 Section 51.317(b)(4), Government Code; and>
20-12 <(3) service of notice or citation as provided by
20-13 Section 51.319(4), Government Code, or as otherwise provided by
20-14 law>.
20-15 Sec. 231.422. FORM TO REQUEST A COURT HEARING. (a) A court
20-16 shall consider any responsive pleading that is intended as an
20-17 objection to confirmation of a child support review order,
20-18 including a general denial, as a request for a court hearing.
20-19 (b) The <A> child support agency shall:
20-20 (1) <attach a copy of a form to request a court
20-21 hearing to each party's copy of the petition for confirmation of a
20-22 child support review order;>
20-23 <(2)> make available to each clerk of court copies of
20-24 the form to request a court hearing; and
20-25 (2) <(3)> provide the form to request a court hearing
20-26 to a party to the child support review proceeding on request.
20-27 Sec. 231.423. TIME TO REQUEST A COURT HEARING<; HEARING SUA
21-1 SPONTE>. <(a)> A party may file a request for a court hearing not
21-2 later than the 20th day after the date the petition for
21-3 confirmation of a child support review order is served or mailed as
21-4 provided by this subchapter <an agreed administrative order is
21-5 filed or not later than the Monday following the 20th day after the
21-6 date the party received service of citation in a case involving the
21-7 confirmation of any other type of order>.
21-8 <(b) If the court finds that confirmation of a child support
21-9 review order without a hearing would not be in the best interests
21-10 of a child who is the subject of the order, the court may schedule
21-11 a hearing. The order setting the hearing on the confirmation of
21-12 the order shall state the court's specific reasons for conducting
21-13 the hearing.>
21-14 Sec. 231.424. CONFIRMATION WITHOUT HEARING. Not later than
21-15 the 30th day after the date a petition for confirmation that
21-16 includes waivers by all parties is filed or after the date of
21-17 service is made on the last party required to be served for a
21-18 petition for confirmation that does not include waivers, whichever
21-19 is later, the court shall confirm the child support review order by
21-20 signing an order of confirmation unless a party has filed a timely
21-21 request for hearing or the court has scheduled a hearing.
21-22 Sec. 231.425. EFFECT OF REQUEST FOR HEARING; PLEADING. (a)
21-23 A request for hearing or an order setting a hearing on confirmation
21-24 stays confirmation of the order pending the hearing.
21-25 (b) At a hearing on confirmation, all issues in the child
21-26 support review order shall be heard in a trial de novo.
21-27 (c) The petition for confirmation and the child support
22-1 review order constitute a sufficient pleading by the child support
22-2 agency for relief on any issue addressed in the petition and order.
22-3 (d) The request for hearing may limit the scope of the de
22-4 novo hearing by specifying the issues that are in dispute.
22-5 Sec. 231.426. TIME FOR COURT HEARING. A court shall hold a
22-6 hearing on the confirmation of a child support review order not
22-7 later than the 30th day after the date the <court determines that a
22-8 hearing should be held or the> last party to be served files a
22-9 timely request for a court hearing.
22-10 Sec. 231.427. ORDER AFTER HEARING; EFFECT OF CONFIRMATION
22-11 ORDER. (a) After the hearing on the confirmation of a child
22-12 support review order, the court shall:
22-13 (1) if the court finds that the order should be
22-14 confirmed, immediately sign a confirmation order and enter the
22-15 order as an order of the court;
22-16 (2) if the court finds that the relief granted in the
22-17 child support review order is inappropriate, sign an appropriate
22-18 order at the conclusion of the hearing or as soon after the
22-19 conclusion of the hearing as is practical and enter the order as an
22-20 order of the court; or
22-21 (3) if the court finds that all relief should be
22-22 denied, enter an order that denies relief and includes specific
22-23 findings explaining the reasons that relief is denied.
22-24 (b) On the signing of a confirmation order by the judge of
22-25 the court, the child support review order becomes a final order
22-26 <judgment> of the court.
22-27 Sec. 231.428. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
23-1 RELATING TO ESTABLISHMENT OF PARENTAGE <PATERNITY>. (a) If the
23-2 parentage <paternity> of a child has not been established <by court
23-3 order>, the notice of child support review served on the parties
23-4 must include an allegation that the recipient <alleged father> is a
23-5 <the> biological parent <father> of the child. The notice shall
23-6 inform the parties that the alleged father of the child may sign a
23-7 statement of paternity and that any party may request that
23-8 scientifically accepted parentage <paternity> testing be conducted
23-9 to assist in determining the identities of <whether the alleged
23-10 father is> the child's parents <father>.
23-11 (b) A negotiation conference shall be conducted to resolve
23-12 any issues of support in an action in which all parties agree as to
23-13 <that the alleged father is> the child's parentage <biological
23-14 father>.
23-15 (c) If a party denies parentage <that the alleged father is
23-16 the child's biological father or, in the case of a presumed father,
23-17 if either party files a verified denial of paternity>, the child
23-18 support agency may schedule parentage <paternity> testing. If
23-19 either party fails or refuses to participate in administrative
23-20 parentage testing, the child support agency may file a child
23-21 support review order with a request for court-ordered parentage
23-22 testing. The court shall follow the procedures and may impose the
23-23 sanctions provided by this code to obtain compliance with the
23-24 parentage testing order. The court shall confirm the child support
23-25 review order as a temporary or final order of the court only after
23-26 an opportunity for parentage testing has been provided.
23-27 (d) If parentage <paternity> testing does not exclude the
24-1 alleged parent and <father from being the child's father and a
24-2 party continues to deny that the alleged father is the child's
24-3 biological father, the child support agency may schedule a
24-4 negotiation conference as provided by this subchapter. If> the
24-5 results of a verified written report of a parentage <paternity>
24-6 testing expert meet the requirements of Chapter 160 for issuing a
24-7 temporary order, the child support agency may issue a child support
24-8 review order.
24-9 (e) If the results of parentage <paternity> testing exclude
24-10 an <the> alleged parent <or presumed father> from being the
24-11 biological parent <father> of the child, the child support agency
24-12 shall issue a child support review order that declares that the
24-13 excluded person <alleged or presumed father> is not a parent <the
24-14 father> of the child.
24-15 (f) Any party may file a petition for confirmation of a
24-16 child support review order issued under this section.
24-17 SECTION 2.05. Chapter 231, Family Code, is amended to add
24-18 new Section 231.431 to read as follows:
24-19 Sec. 231.431. STUDY OF CHILD SUPPORT REVIEW PROCESS. The
24-20 attorney general as the Title IV-D agency shall conduct a study to
24-21 determine and compare the cost of child support enforcement through
24-22 use of the child support review process authorized by this
24-23 subchapter and the cost of child support enforcement by the
24-24 attorney general through use of other enforcement mechanisms
24-25 available under this chapter. The attorney general shall report
24-26 the results of this study to the governor and the legislature not
24-27 later than September 1, 1996, and shall include in the report
25-1 recommendations regarding statutory amendments for improving
25-2 judicial and administrative processes for child support
25-3 enforcement. This section expires September 2, 1996.
25-4 SECTION 2.06. Section 71.035(a), Government Code, is amended
25-5 to read as follows:
25-6 (a) The council shall gather judicial statistics and other
25-7 pertinent information from the several state judges and other court
25-8 officials of this state. In addition, the council shall implement
25-9 a monthly tracking system to ensure accountability for counties and
25-10 courts which participate in the state wide integrated system for
25-11 child support and medical support enforcement established under
25-12 Section 231.0011, Family Code. As a duty of office, the district
25-13 clerks and county clerks serving the affected courts shall report
25-14 monthly such information as may be required by the council,
25-15 including, at a minimum, the time required to enforce cases from
25-16 date of delinquency, from date of filing, and from date of service
25-17 until date of disposition. Such information as is necessary to
25-18 complete the report and not directly within the control of the
25-19 district or county clerk, such as date of delinquency, shall be
25-20 provided to the clerk by the child support registry or by the
25-21 enforcement agency providing Title IV-D enforcement services in the
25-22 court. The monthly report shall be transmitted to the Office of
25-23 Court Administration no later than the 20th day of the month
25-24 following the month reported, in such form as may be prescribed by
25-25 the Office of Court Administration, which may include electronic
25-26 data transfer. Copies of such reports shall be maintained in the
25-27 office of the appropriate district or county clerk for a period of
26-1 at least two (2) years, and shall be available to the public for
26-2 inspection and reproduction.
26-3 ARTICLE 3. INTERAGENCY COOPERATION AND STUDIES
26-4 SECTION 3.01. MONITORING IMPLEMENTATION OF THE STATEWIDE
26-5 INTEGRATED SYSTEM FOR CHILD SUPPORT ENFORCEMENT. (a) The attorney
26-6 general shall establish a work group to monitor the progress toward
26-7 implementation of the integrated statewide system established by
26-8 Section 1.01 of this Bill, and determine the effect of that effort
26-9 as it relates to:
26-10 (1) maximizing federal assistance for county-based
26-11 child support collection efforts;
26-12 (2) replacing the existing state child support
26-13 enforcement application system with an automatic enforcement system
26-14 that does not require an applicant to file a complaint.
26-15 (b) The work group established by this Act shall report its
26-16 findings and recommendations to the attorney general and shall
26-17 notify the governor, the comptroller and the legislature of the
26-18 filing of the report not later than September 1, 1996 and annually
26-19 thereafter.
26-20 SECTION 3.02. AGREEMENT FOR CASH INCENTIVES FOR MEDICAL
26-21 ASSISTANCE. (a) The attorney general as the Title IV-D agency and
26-22 the Texas Department of Health shall negotiate an agreement
26-23 regarding the payment by the department of a cash incentive to the
26-24 agency for each child eligible for medical assistance under the
26-25 state Medicaid program that the agency causes to be enrolled in a
26-26 private health insurance plan, and for payment of a portion of the
26-27 state share of costs recovered or saved as a result of the efforts
27-1 of the agency.
27-2 (b) The attorney general and the Texas Department of Health
27-3 shall report to the legislature the results of negotiations
27-4 conducted under this section not later than October 1, 1996.
27-5 SECTION 3.03. STUDY ON MEDICAL SUPPORT. (a) The attorney
27-6 general, the state medicaid administrator and the Insurance
27-7 Commission shall initiate a study regarding establishment of a
27-8 health insurance purchasing alliance to purchase insurance coverage
27-9 for children for whom a child support obligation is established or
27-10 enforced under Part D of Title IV of the federal Social Security
27-11 Act (42 U.S.C. Section 651 et seq.).
27-12 (b) Not later than October 1, 1996, the attorney general,
27-13 the state medicaid administrator and the Insurance Commission shall
27-14 prepare and file a report summarizing the results of the study
27-15 required by this section and shall give notice of filing the report
27-16 to the:
27-17 (1) governor;
27-18 (2) lieutenant governor;
27-19 (3) speaker of the house of representatives;
27-20 (4) attorney general; and
27-21 (5) commissioner of health and human services.
27-22 SECTION 3.04. USE OF PRIVATE ENTITIES TO ASSIST IN CHILD
27-23 SUPPORT ENFORCEMENT. (a) The Office of the Attorney General is
27-24 strongly encouraged to expand the cost-effective use of private
27-25 contractors to perform Title IV-D program functions.
27-26 (b) The Office of the Attorney General shall, not later than
27-27 July 1, 1996, perform a cost analysis such as that used by the
28-1 Council on Competitive Government, for a standardized comparison of
28-2 similar activities performed by private firms and the Office of the
28-3 Attorney General. If Office of the Attorney General costs for
28-4 identified activities of the Title IV-D agency are higher than the
28-5 private contractors' and the contractor could deliver services as
28-6 effectively as the Title IV-D agency, the agency may consider a
28-7 contractor to perform the activities. This section does not limit
28-8 the authority of the Title IV-D agency to contract for services.
28-9 (c) The attorney general shall coordinate with the Council
28-10 on Competitive Government, and may employ private consultants to
28-11 develop the methodology and evaluate the activities being
28-12 considered for privatization.
28-13 (d) The attorney general shall report the results of the
28-14 efforts made under this section, and notify the governor, the
28-15 comptroller and the legislature of the filing of the report not
28-16 later than December 1, 1996
28-17 ARTICLE 4. HEALTH INSURANCE
28-18 SECTION 4.01. Chapter 3, Insurance Code, is amended by
28-19 adding Subchapter J to read as follows:
28-20 SUBCHAPTER J. MEDICAL CHILD SUPPORT
28-21 Art. 3.96-1. DEFINITIONS. In this subchapter:
28-22 (1) "Child" has the meaning assigned by Section
28-23 101.003(a) and (b), Family Code.
28-24 (2) "Child support agency" has the meaning assigned by
28-25 Section 101.004, Family Code.
28-26 (3) "Custodial parent" means:
28-27 (A) a managing conservator of a child or a
29-1 possessory conservator of a child who is a parent of the child; or
29-2 (B) a guardian of the person of a child, or
29-3 another custodian of a child if the guardian or custodian is
29-4 designated by a court or administrative agency of this or another
29-5 state.
29-6 (4) "Health insurer" means any insurance company,
29-7 group hospital service corporation, or health maintenance
29-8 organization that delivers or issues for delivery an individual,
29-9 group, blanket, or franchise insurance policy or insurance
29-10 agreement, a group hospital service contract, or an evidence of
29-11 coverage that provides benefits for medical or surgical expenses
29-12 incurred as a result of an accident or sickness.
29-13 (5) "Insurer" means:
29-14 (A) a health insurer;
29-15 (B) a governmental entity subject to:
29-16 (i) Article 3.51-1, 3.51-2, 3.51-4,
29-17 3.51-5, or 3.51-5A of this code; or
29-18 (ii) Section 1, Chapter 123, Acts of the
29-19 60th Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's
29-20 Texas Insurance Code);
29-21 (C) a multiple employer welfare arrangement, as
29-22 that term is defined by Article 3.95-1 of this code; or
29-23 (D) a group health plan, as defined by Section
29-24 607(1), Employee Retirement Income Security Act of 1974 (29 U.S.C.
29-25 Section 1167).
29-26 (6) "Medical assistance" means medical assistance
29-27 under the state Medicaid program.
30-1 Art. 3.96-2. DENIAL OF ENROLLMENT PROHIBITED. An insurer
30-2 may not deny enrollment of a child under the health insurance
30-3 coverage of the child's parent on the ground that the child:
30-4 (1) has a preexisting condition;
30-5 (2) was born out of wedlock;
30-6 (3) is not claimed as a dependent on the parent's
30-7 federal income tax return;
30-8 (4) does not reside with the parent or in the
30-9 insurer's service area; or
30-10 (5) is or has been an applicant for or recipient of
30-11 medical assistance.
30-12 Art. 3.96-3. ENROLLMENT REQUIRED. (a) If a parent eligible
30-13 for dependent health coverage through an insurer is required by a
30-14 court or administrative order to provide health coverage for a
30-15 child, the insurer shall permit the parent to enroll the child
30-16 without regard to any enrollment period restriction.
30-17 (b) If a parent eligible for dependent health coverage
30-18 through an insurer is required by a court or administrative order
30-19 to provide health coverage for a child and fails to apply to obtain
30-20 the health insurance coverage for the child, the insurer shall
30-21 enroll the child on application of a custodial parent of the child,
30-22 a child support agency having a duty to collect or enforce support
30-23 for the child, or the child.
30-24 Art. 3.96-4. CANCELLATION OR NONRENEWAL PROHIBITED. (a) An
30-25 insurer may not cancel or refuse to renew insurance coverage of a
30-26 child entitled to enrollment or enrolled under this subchapter
30-27 unless satisfactory written evidence is filed with the insurer that
31-1 shows that:
31-2 (1) the court order or administrative order that
31-3 required the coverage is no longer in effect; or
31-4 (2) the child is enrolled in comparable health
31-5 insurance coverage or will be enrolled in comparable coverage that
31-6 will take effect not later than the effective date of the
31-7 cancellation or nonrenewal.
31-8 (b) As used in this section, "a child entitled to enrollment
31-9 or enrolled under this subchapter" does not include a child as to
31-10 whom eligibility has terminated because the parent eligible for
31-11 dependent health coverage is no longer eligible for such coverage.
31-12 Art. 3.96-4.1 NOTICE OF AVAILABILITY OF CONTINUATION OR
31-13 CONVERSION COVERAGE. If dependent health coverage being terminated
31-14 pursuant to Art. 3.96-4(b) contains provisions for the continuation
31-15 or conversion of such coverage for the child, the insurer shall
31-16 notify the custodial parent and the child support agency of the
31-17 costs and other requirements for extending or converting such
31-18 coverage, and shall enroll or continue enrollment of the child on
31-19 application of a parent of the child, a child support agency or the
31-20 child.
31-21 Art. 3.96-5. EFFECT OF ASSIGNMENT OF MEDICAL SUPPORT RIGHTS
31-22 TO STATE AGENCY; INFORMATION. (a) An insurer may not impose
31-23 requirements on a state agency that has been assigned the rights of
31-24 an individual eligible for medical assistance and covered for
31-25 health benefits from the insurer that are different from the
31-26 requirements applicable to an agent or assignee of any other
31-27 covered individual.
32-1 (b) An insurer shall provide to a state agency providing
32-2 medical assistance, or to a child support agency enforcing medical
32-3 support, information as necessary to facilitate reimbursement of
32-4 medical services provided to or paid on behalf of a child.
32-5 Art. 3.96-6. RIGHTS OF CUSTODIAL PARENT AND ADULT CHILD.
32-6 (a) If a child receives health insurance coverage through the
32-7 insurer of a parent of the child, that insurer must provide
32-8 information and documents to each custodial parent or an adult
32-9 child as necessary for the child to obtain benefits through that
32-10 coverage, including:
32-11 (1) the name of the insurer;
32-12 (2) the number of the policy;
32-13 (3) a copy of the policy and schedule of benefits;
32-14 (4) a health insurance membership card;
32-15 (5) claim forms; and
32-16 (6) any other information or document necessary to
32-17 submit a claim in accordance with the insurer's policies and
32-18 procedures.
32-19 (b) The insurer shall permit a custodial parent, a health
32-20 care provider, adult child, or a state agency that has been
32-21 assigned medical support rights to submit claims for covered
32-22 services without the approval of the insured parent.
32-23 (c) The insurer shall make payments on covered claims
32-24 submitted in accordance with this article directly to the custodial
32-25 parent, health care provider, adult child, or state agency making
32-26 the claim.
32-27 Art. 3.96-7. SERVICE AREA RESTRICTIONS PROHIBITED. An
33-1 insurer may not enforce otherwise applicable provisions that would
33-2 deny, limit, or reduce payment for claims for a covered child who
33-3 lives outside the insurer's coverage territory but inside the
33-4 United States.
33-5 Art. 3.96-8. PENALTIES; REMEDIES. An insurer that violates
33-6 this subchapter is subject to the same penalties, and an injured
33-7 party has the same rights and remedies, as those provided by
33-8 Section 16, Article 21.21, of this code.
33-9 Art. 3.96-9. RULES. The commissioner shall adopt reasonable
33-10 rules as necessary to implement this subchapter and the
33-11 requirements of 42 U.S.C. Section 1396a(a)(60), including rules
33-12 defining acts that constitute unfair or deceptive practices under
33-13 Section 13, Article 21.21, of this code.
33-14 SECTION 4.02. Section 101.012, Family Code, is amended to
33-15 read as follows:
33-16 Sec. 101.012. EMPLOYER. "Employer" means a person,
33-17 corporation, partnership, workers' compensation insurance carrier,
33-18 governmental entity, and the United States, and includes, for
33-19 purposes of enrolling dependents in a group health insurance plan,
33-20 a union, trade association, or other similar organization.
33-21 SECTION 4.03. Section 154.186, Family Code, is amended to
33-22 read as follows:
33-23 Sec. 154.186. NOTICE TO EMPLOYER. The obligee, obligor, or
33-24 a child support agency <local domestic relations office, or Title
33-25 IV-D agency> may send a <certified> copy of the order requiring an
33-26 employee to provide health insurance coverage for a <the> child to
33-27 the employer <by certified mail, return receipt requested. The
34-1 order is binding on the employer on receipt>.
34-2 SECTION 4.04. Section 154.187, Family Code, is amended by
34-3 amending subsection (a) to read as follows:
34-4 (a) An order to an employer directing that health insurance
34-5 coverage be provided to a child of an employee or member is binding
34-6 on the employer on receipt. If the employee or member is eligible
34-7 for dependent health coverage for the child, the <On receipt of an
34-8 order directing that health insurance coverage be extended to a
34-9 child of an employee, an> employer shall immediately enroll the
34-10 child in a health insurance plan <available to the employee. If
34-11 the employer is not able to immediately enroll the child, the
34-12 employer shall enroll the child at the next available enrollment
34-13 period as a dependent of the employee>. If dependent coverage is
34-14 not available to the employee or member through the employer's
34-15 health insurance plan, or the employer <is responsible for
34-16 providing notice of this fact but> is not responsible or otherwise
34-17 liable for providing such coverage, but shall provide notice to the
34-18 sender in accordance with subsection (c) of this section.
34-19 SECTION 4.05. Section 154.187, Family Code, is amended by
34-20 amending subsection (c), and adding new subsection (g) to read as
34-21 follows:
34-22 (c) An employer who has received an order under this
34-23 subchapter shall provide to the sender, by first class mail not
34-24 later than the 30th day after the date the employer receives the
34-25 order, a statement that the child:
34-26 (1) has been enrolled in a health insurance plan; or
34-27 (2) <will be enrolled in a health insurance plan at
35-1 the next available enrollment period and provide the expected date
35-2 of such enrollment; or>
35-3 <(3)> cannot be enrolled in a health insurance plan
35-4 and provide the reason why coverage cannot be provided.
35-5 (g) An employer who fails to enroll a child, fails to
35-6 withhold or remit premiums or cash medical support, or
35-7 discriminates in hiring or employment on the basis of a medical
35-8 support order shall be subject to the penalties and fines in
35-9 Subchapter C, Chapter 158.
35-10 SECTION 4.06. Section 154.192, Family Code, is amended to
35-11 read as follows:
35-12 Sec. 154.192. <HEALTH MAINTENANCE ORGANIZATION. This
35-13 subchapter does not require a health maintenance organization to
35-14 provide coverage to a child who resides outside the geographic
35-15 service area>. CANCELLATION OR ELIMINATION OF INSURANCE COVERAGE
35-16 FOR CHILD. (a) Unless the employee or member ceases to be
35-17 eligible for dependent coverage, or the employer has eliminated
35-18 dependent health coverage for all of the employer's employees or
35-19 members, the employer may not cancel or eliminate coverage of a
35-20 child enrolled under this subchapter until the employer is provided
35-21 satisfactory written evidence that:
35-22 (1) the court order or administrative order requiring
35-23 the coverage is no longer in effect; or
35-24 (2) the child is enrolled in comparable health
35-25 insurance coverage or will be enrolled in comparable coverage that
35-26 will take effect not later than the effective date of the
35-27 cancellation or elimination of the employer's coverage.
36-1 SECTION 4.07. Section 154.184, Family Code, is amended to
36-2 read as follows:
36-3 (a) Receipt of <For purposes of enrolling a child in a
36-4 health insurance program under this subchapter,> a medical support
36-5 order requiring that health insurance be provided for a child shall
36-6 be considered a change in the family circumstances of the employee
36-7 or member, for health insurance purposes, <covered person>
36-8 equivalent to the birth or adoption of a child <by the covered
36-9 person>.
36-10 (b) <On receipt of the order by the employer, the> The child
36-11 shall be automatically enrolled for the first 31 days after the
36-12 receipt of the order by the employer on the same terms and
36-13 conditions as apply to any other <a> dependent child.
36-14 (c) <On receipt of the order by the employer, t> The
36-15 employer shall notify the insurer of the automatic enrollment.
36-16 (d) During the 31-day period, the employer and insurer shall
36-17 complete all necessary forms and procedures to make the enrollment
36-18 permanent, or shall report in accordance with this subchapter the
36-19 reasons the coverage cannot be made permanent <policyholder shall
36-20 apply for coverage for the child in accordance with the medical
36-21 support order>.
36-22 SECTION 4.08. Section 158.206(a), Family Code, is amended to
36-23 read as follows:
36-24 (a) An employer receiving an order or writ of withholding,
36-25 including an order directing that health insurance be provided to a
36-26 child, who complies with the order or writ is not liable to the
36-27 obligor for the amount of income withheld and paid as provided in
37-1 the order or writ.
37-2 ARTICLE 5. EFFECTIVE DATE AND TRANSITION PROVISIONS; EMERGENCY
37-3 SECTION 5.01. (a) This Act takes effect September 1, 1995.
37-4 (b) Section 4.01 of this Act applies only to an insurance
37-5 policy or evidence of coverage that is delivered, issued for
37-6 delivery, or renewed on or after January 1, 1996. A policy or
37-7 evidence of coverage that is delivered, issued for delivery, or
37-8 renewed before January 1, 1996, is governed by the law as it
37-9 existed immediately before the effective date of this Act, and that
37-10 law is continued in effect for that purpose.
37-11 (c) The Office of the Attorney General may exercise the
37-12 contracting authority granted in Section 1.01 of this Act to
37-13 provide for a phased implementation of the state wide system, and
37-14 shall implement the system to the extent that locally generated
37-15 funds and federal reimbursement related to such funds are
37-16 sufficient to pay for implementation.
37-17 (d) The Office of Court Administration may phase in the
37-18 monthly report required by Section 2.06 of this Act to correspond
37-19 with the phased implementation of the state wide integrated system
37-20 for child support enforcement described in Section 1.01.
37-21 (e) If before implementing any provision of this Act, the
37-22 attorney general, the Texas Department of Health, the Texas
37-23 Department of Human Services, or another affected agency determines
37-24 that a waiver or authorization from a federal agency is necessary
37-25 for implementation of that provision, the affected agency shall
37-26 promptly apply for a waiver, and the provision shall take effect
37-27 when necessary waivers have been granted. A copy of each waiver
38-1 request shall be provided to the governor, the lieutenant governor
38-2 and the speaker of the house of representatives.
38-3 (f) For the purpose of implementing the integrated system
38-4 established by Sections 1.01 and 2.12 of this bill, all funds
38-5 received from the federal government as reimbursement for expenses
38-6 directly related to the integrated system, including the federal
38-7 match for locally generated funds, shall be in excess of any amount
38-8 appropriated to the attorney general by other Acts of the 74th
38-9 Legislature, and are hereby appropriated to the attorney general
38-10 for the fiscal years ending August 31, 1996 and August 31, 1997.
38-11 SECTION 5.02. Not later than December 1, 1996, the attorney
38-12 general shall report to the legislature an estimate of the cost
38-13 savings to the state and effectiveness of the expansion of child
38-14 support enforcement services and of privatization efforts.
38-15 SECTION 5.03. (a) The office of the attorney general, in
38-16 conjunction with the Texas Department of Human Services, shall
38-17 develop and implement a plan to assign a representative to work
38-18 with department eligibility workers in department offices or
38-19 facilities that are located in the same geographic region as
38-20 offices or facilities of the attorney general. The plan shall:
38-21 (1) include a schedule for implementation; and
38-22 (2) provide that the office of the attorney general
38-23 may make a work assignment under this subsection only if the
38-24 anticipated increased collection of child support for public
38-25 assistance cases is greater than the cost of placing the
38-26 representative in a department office or facility.
38-27 (b) Not later than October 1, 1995, the attorney general
39-1 shall complete the plan required by this section and send notice of
39-2 filing the completed plan to the governor, the lieutenant governor,
39-3 and the speaker of the house of representatives.
39-4 (c) The attorney general and the Texas Department of Human
39-5 Services shall prepare the initial memorandum of understanding
39-6 required by Section 76.012, Human Resources Code, as added by this
39-7 Act, not later than December 1, 1995.
39-8 SECTION 5.04. The change in law made to Subchapter E,
39-9 Chapter 231, Family Code, as amended by this Act, applies only to a
39-10 child support review for which notice is given on or after the
39-11 effective date of this Act. A child support review for which
39-12 notice is given before that date is governed by the law in effect
39-13 at the time notice was given, and the former law is continued in
39-14 effect for that purpose.
39-15 SECTION 5.05. (a) Section 3.01 of this Act expires on
39-16 September 2, 1997.
39-17 (b) Sections 3.02(b) and 3.03 of this Act expire January 1,
39-18 1997.
39-19 SECTION 5.06. The importance of this legislation and the
39-20 crowded condition of the calendars in both houses create an
39-21 emergency and an imperative public necessity that the
39-22 constitutional rule requiring bills to be read on three several
39-23 days in each house be suspended, and this rule is hereby suspended.