By: Harris S.B. No. 117
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 practice or engage in a
1-22 particular business, occupation, or profession.
1-23 (3) "Licensing authority" means a department,
1-24 commission, board, office, or other agency of the state or of a
2-1 municipality or a political subdivision of the state that issues a
2-2 license.
2-3 (4) "Order suspending license" means an order issued
2-4 by the Title IV-D agency or a court directing a licensing authority
2-5 to suspend a license.
2-6 (5) "Title IV-D agency" means the state agency
2-7 designated under Chapter 76, Human Resources Code, to provide
2-8 services under the federal Social Security Act (42 U.S.C. Section
2-9 651 et seq.).
2-10 (6) "Title IV-D case" means an action in which
2-11 services are being provided by the Title IV-D agency pursuant to
2-12 Part D of Title IV of the federal Social Security Act (42 U.S.C.
2-13 Section 651 et seq.) seeking the location of an absent parent, a
2-14 determination of parentage, or to establish, modify, or enforce a
2-15 child support obligation filed in a court, administrative agency,
2-16 or quasi-judicial entity of this or another state.
2-17 Sec. 14.602. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
2-18 The following state agencies are licensing authorities subject to
2-19 this subchapter:
2-20 (1) Department of Agriculture;
2-21 (2) Texas Commission on Alcohol and Drug Abuse;
2-22 (3) Texas Alcoholic Beverage Commission;
2-23 (4) Texas Appraiser Licensing and Certification Board;
2-24 (5) Texas Board of Architectural Examiners;
2-25 (6) State Board of Barber Examiners;
2-26 (7) Texas Board of Chiropractic Examiners;
2-27 (8) Comptroller of Public Accounts;
3-1 (9) Texas Cosmetology Commission;
3-2 (10) Court Reporters Certification Board;
3-3 (11) State Board of Dental Examiners, if the 74th
3-4 Legislature, at its regular session, enacts legislation that
3-5 becomes law authorizing a state agency to regulate the practice of
3-6 dentistry;
3-7 (12) Texas State Board of Examiners of Dietitians;
3-8 (13) Texas Funeral Service Commission;
3-9 (14) Texas Department of Health;
3-10 (15) Texas Board of Professional Land Surveying;
3-11 (16) Texas Department of Licensing and Regulation;
3-12 (17) Texas State Board of Examiners of Marriage and
3-13 Family Therapists;
3-14 (18) Texas State Board of Medical Examiners;
3-15 (19) Midwifery Board;
3-16 (20) Texas Natural Resource Conservation Commission;
3-17 (21) Board of Nurse Examiners;
3-18 (22) Texas Board of Nursing Facility Administrators;
3-19 (23) Texas Board of Occupational Therapy Examiners;
3-20 (24) Texas Optometry Board;
3-21 (25) Parks and Wildlife Department;
3-22 (26) Texas State Board of Examiners of Perfusionists;
3-23 (27) State Board of Pharmacy;
3-24 (28) Texas Board of Physical Therapy Examiners;
3-25 (29) Texas State Board of Plumbing Examiners;
3-26 (30) Texas State Board of Podiatry Examiners;
3-27 (31) Polygraph Examiners Board;
4-1 (32) Texas Board of Private Investigators and Private
4-2 Security Agencies;
4-3 (33) Texas State Board of Examiners of Professional
4-4 Counselors;
4-5 (34) State Board of Registration for Professional
4-6 Engineers;
4-7 (35) Department of Protective and Regulatory Services;
4-8 (36) Texas State Board of Examiners of Psychologists;
4-9 (37) Texas State Board of Public Accountancy;
4-10 (38) Department of Public Safety of the State of
4-11 Texas;
4-12 (39) Public Utility Commission of Texas;
4-13 (40) Railroad Commission of Texas;
4-14 (41) Texas Real Estate Commission;
4-15 (42) State Bar of Texas;
4-16 (43) Texas State Board of Social Worker Examiners;
4-17 (44) State Board of Examiners for Speech-Language
4-18 Pathology and Audiology;
4-19 (45) Texas Structural Pest Control Board;
4-20 (46) Board of Tax Professional Examiners;
4-21 (47) Secretary of State;
4-22 (48) Supreme Court of Texas;
4-23 (49) Texas Transportation Commission;
4-24 (50) State Board of Veterinary Medical Examiners;
4-25 (51) Board of Vocational Nurse Examiners; and
4-26 (52) Texas Ethics Commission.
4-27 Sec. 14.603. SUSPENSION OF LICENSE. A court or the Title
5-1 IV-D agency shall issue an order suspending license as provided by
5-2 this subchapter if an obligor:
5-3 (1) has an arrearage equal to or greater than the
5-4 total support due for 90 days under a support order;
5-5 (2) has been provided an opportunity to make payments
5-6 toward the child support arrearage under an agreed or court-ordered
5-7 repayment schedule; and
5-8 (3) has failed to comply with the repayment schedule.
5-9 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A
5-10 child support agency or obligee may file a petition to suspend a
5-11 license.
5-12 (b) In a Title IV-D case, the petition must be filed with
5-13 the Title IV-D agency.
5-14 (c) In a case that is not a Title IV-D case, the petition
5-15 shall be filed in the court of continuing jurisdiction or the court
5-16 in which a child support order has been registered under Chapter 21
5-17 (Uniform Interstate Family Support Act).
5-18 (d) The proceedings in cases filed with the Title IV-D
5-19 agency are governed by the contested case provisions of Chapter
5-20 2001, Government Code (Administrative Procedure Act), except that
5-21 the provisions of Section 2001.054, Government Code, shall not
5-22 apply to the proceedings, and the director of the Title IV-D agency
5-23 is the state official responsible for rendering a final decision
5-24 under Section 2001.062, Government Code.
5-25 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under
5-26 this subchapter must state that license suspension is required
5-27 pursuant to Section 14.603 and must allege:
6-1 (1) the name and, if known, social security number of
6-2 the obligor;
6-3 (2) the type of license the obligor is believed to
6-4 hold and the name of the licensing authority; and
6-5 (3) the amount owed under the child support order, the
6-6 amount of support paid, and the amount of arrearages.
6-7 (b) A petition under this subchapter may include as an
6-8 attachment a copy of the record of child support payments
6-9 maintained by the Title IV-D registry or local registry.
6-10 Sec. 14.606. NOTICE. (a) On the filing of a petition under
6-11 Section 14.604, the court or Title IV-D agency shall issue to the
6-12 obligor:
6-13 (1) notice of the obligor's right to a hearing before
6-14 the court or agency;
6-15 (2) notice of the deadline for requesting a hearing;
6-16 and
6-17 (3) a hearing request form if the proceeding is in a
6-18 Title IV-D case.
6-19 (b) Notice under this section may be served as in civil
6-20 cases generally.
6-21 (c) The notice must state that an order suspending license
6-22 shall be rendered on the 60th day after the date of service of the
6-23 notice unless by that date:
6-24 (1) the court or Title IV-D agency receives proof that
6-25 all arrearages and the current month's child support obligation
6-26 have been paid;
6-27 (2) the child support agency or obligee files a
7-1 certification that the obligor is in compliance with a reasonable
7-2 repayment schedule; or
7-3 (3) the obligor appears at a hearing before the court
7-4 or Title IV-D agency and shows that the request for suspension
7-5 should be denied or stayed.
7-6 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
7-7 request for a hearing and motion to stay suspension must be filed
7-8 with the court or Title IV-D agency by the obligor not later than
7-9 the 20th day after the date of service of the notice under Section
7-10 14.606.
7-11 (b) If a request for a hearing is filed, the court or Title
7-12 IV-D agency shall:
7-13 (1) promptly schedule a hearing;
7-14 (2) notify each party of the date, time, and location
7-15 of the hearing; and
7-16 (3) stay suspension pending the hearing.
7-17 (c) A record of child support payments made by the Title
7-18 IV-D agency or a local registry is evidence of whether the payments
7-19 were made. A copy of the record appearing regular on its face
7-20 shall be admitted as evidence at a hearing under this subchapter,
7-21 including a hearing on a motion to revoke a stay. Either party may
7-22 offer controverting evidence.
7-23 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) On making the
7-24 findings required by Section 14.603, the court or the Title IV-D
7-25 agency shall render an order suspending license unless the obligor
7-26 proves that all arrearages and the current month's support have
7-27 been paid.
8-1 (b) The court or Title IV-D agency may stay the order
8-2 suspending license conditioned on the obligor's compliance with a
8-3 reasonable repayment schedule, the terms of which shall be
8-4 incorporated in the order. An order suspending license with a stay
8-5 of suspension may not be served on the licensing authority unless
8-6 the stay is revoked as provided in this subchapter.
8-7 (c) A final order suspending license rendered by a court or
8-8 the Title IV-D agency shall be forwarded to the appropriate
8-9 licensing authority.
8-10 (d) If the court or Title IV-D agency renders an order
8-11 suspending license, the obligor may also be ordered not to engage
8-12 in the licensed activity.
8-13 (e) If the court or Title IV-D agency finds that the
8-14 petition for suspension should be denied, the petition shall be
8-15 dismissed without prejudice and an order suspending license may not
8-16 be rendered.
8-17 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency
8-18 shall consider the allegations of the petition for suspension to be
8-19 admitted and shall render an order suspending license if the
8-20 obligor fails to:
8-21 (1) respond to a notice issued under Section 14.606;
8-22 (2) request a hearing; or
8-23 (3) appear at a hearing.
8-24 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
8-25 issued by a Title IV-D agency under this subchapter is a final
8-26 agency decision and is subject to review under the substantial
8-27 evidence rule as provided by Chapter 2001, Government Code
9-1 (Administrative Procedure Act).
9-2 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt
9-3 of a final order suspending license, the licensing authority shall
9-4 immediately determine if the authority has issued a license to the
9-5 obligor named on the order and, if a license has been issued:
9-6 (1) record the suspension of the license in the
9-7 licensing authority's records;
9-8 (2) report the suspension as appropriate; and
9-9 (3) demand surrender of the suspended license if
9-10 required by law for other cases in which a license is suspended.
9-11 (b) A licensing authority shall implement the terms of a
9-12 final order suspending license without additional review or
9-13 hearing. The authority may provide notice as appropriate to the
9-14 license holder or to others concerned with the license.
9-15 (c) A licensing authority may not modify, remand, reverse,
9-16 vacate, or stay an order suspending license issued under this
9-17 subchapter and may not review, vacate, or reconsider the terms of a
9-18 final order suspending license.
9-19 (d) An obligor who is the subject of a final order
9-20 suspending license is not entitled to a refund for any fee or
9-21 deposit paid to the licensing authority.
9-22 (e) An obligor who continues to engage in the business,
9-23 occupation, profession, or other licensed activity after the
9-24 implementation of the order suspending license by the licensing
9-25 authority is liable for the same civil and criminal penalties
9-26 provided for engaging in the licensed activity without a license or
9-27 while a license is suspended as any other licensee of the
10-1 particular licensing authority.
10-2 (f) A licensing authority is exempt from liability to a
10-3 license holder for any act authorized under this subchapter
10-4 performed by the authority.
10-5 (g) Except as provided by this subchapter, an order
10-6 suspending license or dismissing a petition for the suspension of a
10-7 license does not affect the power of a licensing authority to
10-8 grant, deny, suspend, revoke, terminate, or renew a license.
10-9 (h) The denial or suspension of a driver's license under
10-10 this subchapter is governed by this subchapter and not by the
10-11 general licensing provisions of Chapter 173, Acts of the 47th
10-12 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
10-13 Civil Statutes).
10-14 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee,
10-15 support enforcement agency, court, or Title IV-D agency may file a
10-16 motion to revoke the stay of an order suspending license if the
10-17 obligor does not comply with the terms of a reasonable repayment
10-18 plan entered into by the obligor.
10-19 (b) Notice to the obligor of a motion to revoke the stay
10-20 under this section may be given by personal service or by mail to
10-21 the address provided by the obligor, if any, in the order
10-22 suspending license. The notice must include a notice of hearing.
10-23 The notice must be provided to the obligor not less than 10 days
10-24 before the date of the hearing.
10-25 (c) A motion to revoke the stay must allege the manner in
10-26 which the obligor failed to comply with the repayment plan.
10-27 (d) If the court or Title IV-D agency finds that the obligor
11-1 is not in compliance with the terms of the repayment plan, the
11-2 court or agency shall revoke the stay of the order suspending
11-3 license and render a final order suspending license.
11-4 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
11-5 (a) The court or Title IV-D agency may render an order vacating or
11-6 staying an order suspending license if the obligor has paid all
11-7 delinquent child support or has established a satisfactory payment
11-8 record.
11-9 (b) The court or Title IV-D agency shall promptly deliver an
11-10 order vacating or staying an order suspending license to the
11-11 appropriate licensing authority.
11-12 (c) On receipt of an order vacating or staying an order
11-13 suspending license, the licensing authority shall properly issue
11-14 the affected license to the obligor if the obligor is otherwise
11-15 qualified for the license.
11-16 (d) An order rendered under this section does not affect the
11-17 right of the child support agency or obligee to any other remedy
11-18 provided by law, including the right to seek relief under this
11-19 subchapter. An order rendered under this section does not affect
11-20 the power of a licensing authority to grant, deny, suspend, revoke,
11-21 terminate, or renew a license as otherwise provided by law.
11-22 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing
11-23 authority may charge a fee to an obligor who is the subject of an
11-24 order suspending license in an amount sufficient to recover the
11-25 administrative costs incurred by the authority under this
11-26 subchapter.
11-27 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
12-1 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
12-2 each licensing authority the name, address, social security number,
12-3 license renewal date, and other identifying information for each
12-4 individual who holds, applies for, or renews a license issued by
12-5 the authority.
12-6 (b) A licensing authority shall provide the requested
12-7 information in the manner agreed to by the Title IV-D agency and
12-8 the licensing authority.
12-9 (c) The Title IV-D agency may enter into a cooperative
12-10 agreement with a licensing authority to administer this subchapter
12-11 in a cost-effective manner.
12-12 (d) The Title IV-D agency may adopt a reasonable
12-13 implementation schedule for the requirements of this section.
12-14 (e) The Title IV-D agency, the comptroller, and the Texas
12-15 Alcoholic Beverage Commission shall by rule specify additional
12-16 prerequisites for the suspension of licenses relating to state
12-17 taxes collected under Title 2, Tax Code. Such joint rules shall be
12-18 promulgated not later than March 1, 1996.
12-19 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D
12-20 agency by rule shall prescribe forms and procedures for the
12-21 implementation of this subchapter.
12-22 SECTION 2. This Act takes effect September 1, 1995.
12-23 SECTION 3. The importance of this legislation and the
12-24 crowded condition of the calendars in both houses create an
12-25 emergency and an imperative public necessity that the
12-26 constitutional rule requiring bills to be read on three several
12-27 days in each house be suspended, and this rule is hereby suspended.