By Harris of Tarrant S.B. No. 117
74R326 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to loss of a state professional license for failure to pay
1-3 child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 14, Family Code, is amended
1-6 by adding Section 14.53 to read as follows:
1-7 Sec. 14.53. LICENSE REVOCATION. (a) The attorney general,
1-8 a private attorney representing an obligee, or the obligee may
1-9 petition a licensing agency for revocation of an obligor's license
1-10 because of the obligor's child support delinquency. Not later than
1-11 the 30th day after the date on which the agency receives the
1-12 petition, the agency shall convene an administrative hearing to
1-13 determine if the obligor is 30 or more days delinquent. After
1-14 notice and opportunity for hearing, the licensing agency shall
1-15 revoke the obligor's license unless the obligor provides evidence
1-16 that an arrearage does not exist or that an agreement to pay
1-17 arrearages has been approved by the court of continuing
1-18 jurisdiction. A licensing agency may not reinstate a license
1-19 revoked under this subsection unless the obligor provides proof of
1-20 full payment of all arrearages or proof that an agreement to pay
1-21 the arrearages has been approved by the court of continuing
1-22 jurisdiction.
1-23 (b) Each applicant for a license or license renewal shall
1-24 state in writing under oath at the time of application that the
2-1 applicant is not 30 or more days delinquent in providing child
2-2 support or that the applicant is in compliance with a written
2-3 repayment agreement or court order regarding a delinquency.
2-4 (c) The attorney general shall adopt rules to implement this
2-5 section.
2-6 (d) In this section:
2-7 (1) "License" means a permit, certificate, or similar
2-8 form of permission issued by a licensing agency that is required by
2-9 law to:
2-10 (A) engage in a profession or occupation; or
2-11 (B) sell a regulated commodity.
2-12 (2) "Licensing agency" means a board, commission,
2-13 department, or other agency in the executive or judicial branch of
2-14 state government that issues or renews a license either directly or
2-15 through a private entity.
2-16 SECTION 2. The change in law made by Section 14.53, Family
2-17 Code, as added by this Act, relating to withholding a license or
2-18 license renewal from a delinquent child support obligor, applies to
2-19 the disposition of an application for a license or license renewal
2-20 on or after the effective date of this Act without regard to
2-21 whether the obligor applies for the license or license renewal
2-22 before, on, or after the effective date of this Act.
2-23 SECTION 3. This Act takes effect September 1, 1995.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.