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.