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.