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                               * * * * *