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.