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.