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.