By: Harris S.B. No. 115 A BILL TO BE ENTITLED AN ACT 1-1 relating to the suspension of certain licenses for failure to pay 1-2 child support. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 14, Family Code, is amended by adding 1-5 Subchapter C to read as follows: 1-6 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE 1-7 TO PAY CHILD SUPPORT 1-8 Sec. 14.601. DEFINITIONS. In this subchapter: 1-9 (1) "Child support agency" means: 1-10 (A) the Title IV-D agency; 1-11 (B) a county or district attorney or other 1-12 county officer or agency that executes a cooperative agreement with 1-13 the Title IV-D agency to provide child support services under Part 1-14 D of Title IV of the federal Social Security Act (42 U.S.C. Section 1-15 651 et seq.) and Chapter 76, Human Resources Code; or 1-16 (C) a domestic relations office. 1-17 (2) "License" means a license, certificate, 1-18 registration, permit, or other authorization issued by a licensing 1-19 authority and subject to suspension, revocation, forfeiture, or 1-20 termination by the licensing authority prior to its date of 1-21 expiration that a person must obtain to operate a motor vehicle. 1-22 (3) "Licensing authority" means a department, 1-23 commission, board, office, or other agency of the state or of a 1-24 municipality or a political subdivision of the state that issues a 2-1 license. 2-2 (4) "Order suspending license" means an order issued 2-3 by the Title IV-D agency or a court directing a licensing authority 2-4 to suspend a license. 2-5 (5) "Title IV-D agency" means the state agency 2-6 designated under Chapter 76, Human Resources Code, to provide 2-7 services under the federal Social Security Act (42 U.S.C. Section 2-8 651 et seq.). 2-9 (6) "Title IV-D case" means an action in which 2-10 services are being provided by the Title IV-D agency pursuant to 2-11 Part D of Title IV of the federal Social Security Act (42 U.S.C. 2-12 Section 651 et seq.) seeking the location of an absent parent, a 2-13 determination of parentage, or to establish, modify, or enforce a 2-14 child support obligation filed in a court, administrative agency, 2-15 or quasi-judicial entity of this or another state. 2-16 Sec. 14.602. LICENSING AUTHORITY SUBJECT TO SUBCHAPTER. The 2-17 Department of Public Safety of the State of Texas is a licensing 2-18 authority subject to this subchapter. 2-19 Sec. 14.603. SUSPENSION OF LICENSE. A court or the Title 2-20 IV-D agency shall issue an order suspending license as provided by 2-21 this subchapter if an obligor: 2-22 (1) has an arrearage equal to or greater than the 2-23 total support due for 90 days under a support order; 2-24 (2) has been provided an opportunity to make payments 2-25 toward the child support arrearage under an agreed or court-ordered 2-26 repayment schedule; and 2-27 (3) has failed to comply with the repayment schedule. 3-1 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A 3-2 child support agency or obligee may file a petition to suspend a 3-3 license. 3-4 (b) In a Title IV-D case, the petition under Subsection (a) 3-5 must be filed with the Title IV-D agency. 3-6 (c) In a case other than a Title IV-D case, the petition 3-7 under Subsection (a) shall be filed in the court of continuing 3-8 jurisdiction or the court in which a child support order has been 3-9 registered under Chapter 21 (Uniform Interstate Family Support 3-10 Act). 3-11 (d) The proceedings in cases filed with the Title IV-D 3-12 agency are governed by the contested case provisions in Chapter 3-13 2001, Government Code, except that the provisions of Section 3-14 2001.054, Government Code, shall not apply to the proceedings, and 3-15 the Title IV-D agency director is the state official responsible 3-16 for rendering a final decision under Section 2001.062, Government 3-17 Code. 3-18 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under 3-19 this subchapter must state that license suspension is required 3-20 pursuant to Section 14.603 and must allege: 3-21 (1) the name and, if known, social security number of 3-22 the obligor; 3-23 (2) the type of license the obligor is believed to 3-24 hold and the name of the licensing authority; and 3-25 (3) the amount owed under the child support order, the 3-26 amount of support paid, and the amount of arrearages. 3-27 (b) A petition under this subchapter may include as an 4-1 attachment a copy of the record of child support payments 4-2 maintained by the Title IV-D registry or local registry. 4-3 Sec. 14.606. NOTICE. (a) On the filing of a petition under 4-4 Section 14.604, the court or Title IV-D agency shall issue to the 4-5 obligor: 4-6 (1) notice of the obligor's right to a hearing before 4-7 the court or agency; 4-8 (2) notice of the deadline for requesting a hearing; 4-9 and 4-10 (3) a hearing request form if the proceeding is in a 4-11 Title IV-D case. 4-12 (b) Notice under this section may be served as in civil 4-13 cases generally. 4-14 (c) The notice must state that an order suspending license 4-15 shall be rendered on the 60th day after the date of service of the 4-16 notice unless by that date: 4-17 (1) the court or Title IV-D agency receives proof that 4-18 all arrearages and the current month's child support obligation 4-19 have been paid; 4-20 (2) the child support agency or obligee files a 4-21 certification that the obligor is in compliance with a reasonable 4-22 repayment schedule; or 4-23 (3) the obligor appears at a hearing before the court 4-24 or Title IV-D agency and shows that the request for suspension 4-25 should be denied or stayed. 4-26 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A 4-27 request for a hearing and motion to stay suspension must be filed 5-1 with the court or Title IV-D agency by the obligor not later than 5-2 the 20th day after the date of service of the notice under Section 5-3 14.606. 5-4 (b) If a request for a hearing is filed, the court or Title 5-5 IV-D agency shall: 5-6 (1) promptly schedule a hearing; 5-7 (2) notify each party of the date, time, and location 5-8 of the hearing; and 5-9 (3) stay suspension pending the hearing. 5-10 (c) A record of child support payments made by the Title 5-11 IV-D agency or a local registry is evidence of whether the payments 5-12 were made. A copy of the record appearing regular on its face 5-13 shall be admitted as evidence at a hearing under this subchapter, 5-14 including a hearing on a motion to revoke a stay. Either party may 5-15 offer controverting evidence. 5-16 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) On making the 5-17 findings required by Section 14.603, the court or the Title IV-D 5-18 agency shall render an order suspending license unless the obligor 5-19 proves that all arrearages and the current month's support have 5-20 been paid. 5-21 (b) The court or Title IV-D agency may stay the order 5-22 suspending license, conditioned on the obligor's compliance with a 5-23 reasonable repayment schedule, the terms of which shall be 5-24 incorporated in the order. An order suspending license with a stay 5-25 of suspension may not be served on the licensing authority unless 5-26 the stay is revoked as provided in this subchapter. 5-27 (c) A final order suspending license rendered by a court or 6-1 the Title IV-D agency shall be forwarded to the appropriate 6-2 licensing authority. 6-3 (d) If the court or Title IV-D agency renders an order 6-4 suspending license, the obligor may also be ordered not to engage 6-5 in the licensed activity. 6-6 (e) If the court or Title IV-D agency finds that the 6-7 petition for suspension should be denied, the petition shall be 6-8 dismissed without prejudice and an order suspending license may not 6-9 be rendered. 6-10 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency 6-11 shall consider the allegations of the petition for suspension to be 6-12 admitted and shall render an order suspending license if the 6-13 obligor fails to: 6-14 (1) respond to a notice issued under Section 14.606; 6-15 (2) request a hearing; or 6-16 (3) appear at a hearing. 6-17 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order 6-18 issued by a Title IV-D agency under this subchapter is a final 6-19 agency decision and is subject to review under the substantial 6-20 evidence rule as provided by Chapter 2001, Government Code 6-21 (Administrative Procedure Act). 6-22 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt 6-23 of a final order suspending license, the licensing authority shall 6-24 immediately determine if the authority has issued a license to the 6-25 obligor named on the order and, if a license has been issued: 6-26 (1) record the suspension of the license in the 6-27 licensing authority's records; 7-1 (2) report the suspension as appropriate; and 7-2 (3) demand surrender of the suspended license if 7-3 required by law for other cases in which a license is suspended. 7-4 (b) A licensing authority shall implement the terms of a 7-5 final order suspending license without additional review or 7-6 hearing. The authority may provide notice as appropriate to the 7-7 license holder or to others concerned with the license. 7-8 (c) A licensing authority may not modify, remand, reverse, 7-9 vacate, or stay an order suspending license issued under this 7-10 subchapter and may not review, vacate, or reconsider the terms of a 7-11 final order suspending license. 7-12 (d) An obligor who is the subject of a final order 7-13 suspending license is not entitled to a refund for any fee or 7-14 deposit paid to the licensing authority. 7-15 (e) An obligor who continues to engage in the business, 7-16 occupation, profession, or other licensed activity after the 7-17 implementation of the order suspending license by the licensing 7-18 authority is liable for the same civil and criminal penalties 7-19 provided for engaging in the licensed activity without a license or 7-20 while a license is suspended as any other licensee of the 7-21 particular licensing authority. 7-22 (f) A licensing authority is exempt from liability to a 7-23 license holder for any act authorized under this subchapter 7-24 performed by the authority. 7-25 (g) Except as provided by this subchapter, an order 7-26 suspending license or dismissing a petition for the suspension of a 7-27 license does not affect the power of a licensing authority to 8-1 grant, deny, suspend, revoke, terminate, or renew a license. 8-2 (h) The denial or suspension of a driver's license under 8-3 this subchapter is governed by this subchapter and not by the 8-4 general licensing provisions of Chapter 173, Acts of the 47th 8-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas 8-6 Civil Statutes). 8-7 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee, 8-8 support enforcement agency, court, or Title IV-D agency may file a 8-9 motion to revoke the stay of an order suspending license if the 8-10 obligor does not comply with the terms of a reasonable repayment 8-11 plan entered into by the obligor. 8-12 (b) Notice to the obligor of a motion to revoke the stay 8-13 under this section may be given by personal service or by mail to 8-14 the address provided by the obligor, if any, in the order 8-15 suspending license. The notice must include a notice of hearing. 8-16 The notice must be provided to the obligor not less than 10 days 8-17 before the date of the hearing. 8-18 (c) A motion to revoke the stay must allege the manner in 8-19 which the obligor failed to comply with the repayment plan. 8-20 (d) If the court or Title IV-D agency finds that the obligor 8-21 is not in compliance with the terms of the repayment plan, the 8-22 court or agency shall revoke the stay of the order suspending 8-23 license and render a final order suspending license. 8-24 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE. 8-25 (a) The court or Title IV-D agency may render an order vacating or 8-26 staying an order suspending license if the obligor has paid all 8-27 delinquent child support or has established a satisfactory payment 9-1 record. 9-2 (b) The court or Title IV-D agency shall promptly deliver an 9-3 order vacating or staying an order suspending license to the 9-4 appropriate licensing authority. 9-5 (c) On receipt of an order vacating or staying an order 9-6 suspending license, the licensing authority shall properly issue 9-7 the affected license to the obligor if the obligor is otherwise 9-8 qualified for the license. 9-9 (d) An order rendered under this section does not affect the 9-10 right of the child support agency or obligee to any other remedy 9-11 provided by law, including the right to seek relief under this 9-12 subchapter. An order rendered under this section does not affect 9-13 the power of a licensing authority to grant, deny, suspend, revoke, 9-14 terminate, or renew a license as otherwise provided by law. 9-15 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing 9-16 authority may charge a fee to an obligor who is the subject of an 9-17 order suspending license in an amount sufficient to recover the 9-18 administrative costs incurred by the authority under this 9-19 subchapter. 9-20 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND 9-21 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from 9-22 each licensing authority the name, address, social security number, 9-23 license renewal date, and other identifying information for each 9-24 individual who holds, applies for, or renews a license issued by 9-25 the authority. 9-26 (b) A licensing authority shall provide the requested 9-27 information in the manner agreed to by the Title IV-D agency and 10-1 the licensing authority. 10-2 (c) The Title IV-D agency may enter into a cooperative 10-3 agreement with a licensing authority to administer this subchapter 10-4 in a cost-effective manner. 10-5 (d) The Title IV-D agency may adopt a reasonable 10-6 implementation schedule for the requirements of this section. 10-7 (e) The Title IV-D agency, the comptroller, and the Texas 10-8 Alcoholic Beverage Commission shall by rule specify additional 10-9 prerequisites for the suspension of licenses relating to state 10-10 taxes collected under Title 2, Tax Code. Such joint rules shall be 10-11 promulgated not later than March 1, 1996. 10-12 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D 10-13 agency by rule shall prescribe forms and procedures for the 10-14 implementation of this subchapter. 10-15 SECTION 2. This Act takes effect September 1, 1995. 10-16 SECTION 3. The importance of this legislation and the 10-17 crowded condition of the calendars in both houses create an 10-18 emergency and an imperative public necessity that the 10-19 constitutional rule requiring bills to be read on three several 10-20 days in each house be suspended, and this rule is hereby suspended.