1-1 By: Harris S.B. No. 115
1-2 (In the Senate - Filed December 5, 1994; January 16, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 4, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 4, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 115 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the suspension of certain licenses for failure to pay
1-11 child support.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 14, Family Code, is amended by adding
1-14 Subchapter C to read as follows:
1-15 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE
1-16 TO PAY CHILD SUPPORT
1-17 Sec. 14.601. DEFINITIONS. In this subchapter:
1-18 (1) "Child support agency" means:
1-19 (A) the Title IV-D agency;
1-20 (B) a county or district attorney or other
1-21 county officer or agency that executes a cooperative agreement with
1-22 the Title IV-D agency to provide child support services under Part
1-23 D of Title IV of the federal Social Security Act (42 U.S.C. Section
1-24 651 et seq.) and Chapter 76, Human Resources Code; or
1-25 (C) a domestic relations office.
1-26 (2) "License" means a license, certificate,
1-27 registration, permit, or other authorization issued by a licensing
1-28 authority and subject to suspension, revocation, forfeiture, or
1-29 termination by the licensing authority prior to its date of
1-30 expiration that a person must obtain to operate a motor vehicle.
1-31 (3) "Licensing authority" means a department,
1-32 commission, board, office, or other agency of the state or of a
1-33 municipality or a political subdivision of the state that issues a
1-34 license.
1-35 (4) "Order suspending license" means an order issued
1-36 by the Title IV-D agency or a court directing a licensing authority
1-37 to suspend a license.
1-38 (5) "Title IV-D agency" means the state agency
1-39 designated under Chapter 76, Human Resources Code, to provide
1-40 services under the federal Social Security Act (42 U.S.C. Section
1-41 651 et seq.).
1-42 (6) "Title IV-D case" means an action in which
1-43 services are being provided by the Title IV-D agency pursuant to
1-44 Part D of Title IV of the federal Social Security Act (42 U.S.C.
1-45 Section 651 et seq.) seeking the location of an absent parent, a
1-46 determination of parentage, or to establish, modify, or enforce a
1-47 child support obligation filed in a court, administrative agency,
1-48 or quasi-judicial entity of this or another state.
1-49 Sec. 14.602. LICENSING AUTHORITY SUBJECT TO SUBCHAPTER. The
1-50 Department of Public Safety of the State of Texas is a licensing
1-51 authority subject to this subchapter.
1-52 Sec. 14.603. SUSPENSION OF LICENSE. A court or the Title
1-53 IV-D agency shall issue an order suspending license as provided by
1-54 this subchapter if an obligor:
1-55 (1) has an arrearage equal to or greater than the
1-56 total support due for 90 days under a support order;
1-57 (2) has been provided an opportunity to make payments
1-58 toward the child support arrearage under an agreed or court-ordered
1-59 repayment schedule; and
1-60 (3) has failed to comply with the repayment schedule.
1-61 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A
1-62 child support agency or obligee may file a petition to suspend a
1-63 license.
1-64 (b) In a Title IV-D case, the petition under Subsection (a)
1-65 must be filed with the Title IV-D agency.
1-66 (c) In a case other than a Title IV-D case, the petition
1-67 under Subsection (a) shall be filed in the court of continuing
1-68 jurisdiction or the court in which a child support order has been
2-1 registered under Chapter 21 (Uniform Interstate Family Support
2-2 Act).
2-3 (d) The proceedings in cases filed with the Title IV-D
2-4 agency are governed by the contested case provisions in Chapter
2-5 2001, Government Code, except that the provisions of Section
2-6 2001.054, Government Code, shall not apply to the proceedings, and
2-7 the Title IV-D agency director is the state official responsible
2-8 for rendering a final decision under Section 2001.062, Government
2-9 Code.
2-10 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under
2-11 this subchapter must state that license suspension is required
2-12 pursuant to Section 14.603 and must allege:
2-13 (1) the name and, if known, social security number of
2-14 the obligor;
2-15 (2) the type of license the obligor is believed to
2-16 hold and the name of the licensing authority; and
2-17 (3) the amount owed under the child support order, the
2-18 amount of support paid, and the amount of arrearages.
2-19 (b) A petition under this subchapter may include as an
2-20 attachment a copy of the record of child support payments
2-21 maintained by the Title IV-D registry or local registry.
2-22 Sec. 14.606. NOTICE. (a) On the filing of a petition under
2-23 Section 14.604, the court or Title IV-D agency shall issue to the
2-24 obligor:
2-25 (1) notice of the obligor's right to a hearing before
2-26 the court or agency;
2-27 (2) notice of the deadline for requesting a hearing;
2-28 and
2-29 (3) a hearing request form if the proceeding is in a
2-30 Title IV-D case.
2-31 (b) Notice under this section may be served as in civil
2-32 cases generally.
2-33 (c) The notice must state that an order suspending license
2-34 shall be rendered on the 60th day after the date of service of the
2-35 notice unless by that date:
2-36 (1) the court or Title IV-D agency receives proof that
2-37 all arrearages and the current month's child support obligation
2-38 have been paid;
2-39 (2) the child support agency or obligee files a
2-40 certification that the obligor is in compliance with a reasonable
2-41 repayment schedule; or
2-42 (3) the obligor appears at a hearing before the court
2-43 or Title IV-D agency and shows that the request for suspension
2-44 should be denied or stayed.
2-45 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
2-46 request for a hearing and motion to stay suspension must be filed
2-47 with the court or Title IV-D agency by the obligor not later than
2-48 the 20th day after the date of service of the notice under Section
2-49 14.606.
2-50 (b) If a request for a hearing is filed, the court or Title
2-51 IV-D agency shall:
2-52 (1) promptly schedule a hearing;
2-53 (2) notify each party of the date, time, and location
2-54 of the hearing; and
2-55 (3) stay suspension pending the hearing.
2-56 (c) A record of child support payments made by the Title
2-57 IV-D agency or a local registry is evidence of whether the payments
2-58 were made. A copy of the record appearing regular on its face
2-59 shall be admitted as evidence at a hearing under this subchapter,
2-60 including a hearing on a motion to revoke a stay. Either party may
2-61 offer controverting evidence.
2-62 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) On making the
2-63 findings required by Section 14.603, the court or the Title IV-D
2-64 agency shall render an order suspending license unless the obligor
2-65 proves that all arrearages and the current month's support have
2-66 been paid.
2-67 (b) The court or Title IV-D agency may stay the order
2-68 suspending license, conditioned on the obligor's compliance with a
2-69 reasonable repayment schedule, the terms of which shall be
2-70 incorporated in the order. An order suspending license with a stay
3-1 of suspension may not be served on the licensing authority unless
3-2 the stay is revoked as provided in this subchapter.
3-3 (c) A final order suspending license rendered by a court or
3-4 the Title IV-D agency shall be forwarded to the appropriate
3-5 licensing authority.
3-6 (d) If the court or Title IV-D agency renders an order
3-7 suspending license, the obligor may also be ordered not to engage
3-8 in the licensed activity.
3-9 (e) If the court or Title IV-D agency finds that the
3-10 petition for suspension should be denied, the petition shall be
3-11 dismissed without prejudice and an order suspending license may not
3-12 be rendered.
3-13 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency
3-14 shall consider the allegations of the petition for suspension to be
3-15 admitted and shall render an order suspending license if the
3-16 obligor fails to:
3-17 (1) respond to a notice issued under Section 14.606;
3-18 (2) request a hearing; or
3-19 (3) appear at a hearing.
3-20 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
3-21 issued by a Title IV-D agency under this subchapter is a final
3-22 agency decision and is subject to review under the substantial
3-23 evidence rule as provided by Chapter 2001, Government Code
3-24 (Administrative Procedure Act).
3-25 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt
3-26 of a final order suspending license, the licensing authority shall
3-27 immediately determine if the authority has issued a license to the
3-28 obligor named on the order and, if a license has been issued:
3-29 (1) record the suspension of the license in the
3-30 licensing authority's records;
3-31 (2) report the suspension as appropriate; and
3-32 (3) demand surrender of the suspended license if
3-33 required by law for other cases in which a license is suspended.
3-34 (b) A licensing authority shall implement the terms of a
3-35 final order suspending license without additional review or
3-36 hearing. The authority may provide notice as appropriate to the
3-37 license holder or to others concerned with the license.
3-38 (c) A licensing authority may not modify, remand, reverse,
3-39 vacate, or stay an order suspending license issued under this
3-40 subchapter and may not review, vacate, or reconsider the terms of a
3-41 final order suspending license.
3-42 (d) An obligor who is the subject of a final order
3-43 suspending license is not entitled to a refund for any fee or
3-44 deposit paid to the licensing authority.
3-45 (e) An obligor who continues to engage in the business,
3-46 occupation, profession, or other licensed activity after the
3-47 implementation of the order suspending license by the licensing
3-48 authority is liable for the same civil and criminal penalties
3-49 provided for engaging in the licensed activity without a license or
3-50 while a license is suspended as any other licensee of the
3-51 particular licensing authority.
3-52 (f) A licensing authority is exempt from liability to a
3-53 license holder for any act authorized under this subchapter
3-54 performed by the authority.
3-55 (g) Except as provided by this subchapter, an order
3-56 suspending license or dismissing a petition for the suspension of a
3-57 license does not affect the power of a licensing authority to
3-58 grant, deny, suspend, revoke, terminate, or renew a license.
3-59 (h) The denial or suspension of a driver's license under
3-60 this subchapter is governed by this subchapter and not by the
3-61 general licensing provisions of Chapter 173, Acts of the 47th
3-62 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-63 Civil Statutes).
3-64 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee,
3-65 support enforcement agency, court, or Title IV-D agency may file a
3-66 motion to revoke the stay of an order suspending license if the
3-67 obligor does not comply with the terms of a reasonable repayment
3-68 plan entered into by the obligor.
3-69 (b) Notice to the obligor of a motion to revoke the stay
3-70 under this section may be given by personal service or by mail to
4-1 the address provided by the obligor, if any, in the order
4-2 suspending license. The notice must include a notice of hearing.
4-3 The notice must be provided to the obligor not less than 10 days
4-4 before the date of the hearing.
4-5 (c) A motion to revoke the stay must allege the manner in
4-6 which the obligor failed to comply with the repayment plan.
4-7 (d) If the court or Title IV-D agency finds that the obligor
4-8 is not in compliance with the terms of the repayment plan, the
4-9 court or agency shall revoke the stay of the order suspending
4-10 license and render a final order suspending license.
4-11 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
4-12 (a) The court or Title IV-D agency may render an order vacating or
4-13 staying an order suspending license if the obligor has paid all
4-14 delinquent child support or has established a satisfactory payment
4-15 record.
4-16 (b) The court or Title IV-D agency shall promptly deliver an
4-17 order vacating or staying an order suspending license to the
4-18 appropriate licensing authority.
4-19 (c) On receipt of an order vacating or staying an order
4-20 suspending license, the licensing authority shall properly issue
4-21 the affected license to the obligor if the obligor is otherwise
4-22 qualified for the license.
4-23 (d) An order rendered under this section does not affect the
4-24 right of the child support agency or obligee to any other remedy
4-25 provided by law, including the right to seek relief under this
4-26 subchapter. An order rendered under this section does not affect
4-27 the power of a licensing authority to grant, deny, suspend, revoke,
4-28 terminate, or renew a license as otherwise provided by law.
4-29 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing
4-30 authority may charge a fee to an obligor who is the subject of an
4-31 order suspending license in an amount sufficient to recover the
4-32 administrative costs incurred by the authority under this
4-33 subchapter.
4-34 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
4-35 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
4-36 each licensing authority the name, address, social security number,
4-37 license renewal date, and other identifying information for each
4-38 individual who holds, applies for, or renews a license issued by
4-39 the authority.
4-40 (b) A licensing authority shall provide the requested
4-41 information in the manner agreed to by the Title IV-D agency and
4-42 the licensing authority.
4-43 (c) The Title IV-D agency may enter into a cooperative
4-44 agreement with a licensing authority to administer this subchapter
4-45 in a cost-effective manner.
4-46 (d) The Title IV-D agency may adopt a reasonable
4-47 implementation schedule for the requirements of this section.
4-48 (e) The Title IV-D agency, the comptroller, and the Texas
4-49 Alcoholic Beverage Commission shall by rule specify additional
4-50 prerequisites for the suspension of licenses relating to state
4-51 taxes collected under Title 2, Tax Code. Such joint rules shall be
4-52 promulgated not later than March 1, 1996.
4-53 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D
4-54 agency by rule shall prescribe forms and procedures for the
4-55 implementation of this subchapter.
4-56 SECTION 2. This Act takes effect September 1, 1995.
4-57 SECTION 3. The importance of this legislation and the
4-58 crowded condition of the calendars in both houses create an
4-59 emergency and an imperative public necessity that the
4-60 constitutional rule requiring bills to be read on three several
4-61 days in each house be suspended, and this rule is hereby suspended.
4-62 * * * * *