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 * * * * *