1-1 By: Harris S.B. No. 117
1-2 (In the Senate - Filed December 5, 1994; January 16, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 4, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 4, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 117 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the suspension of certain licenses for failure to pay
1-11 child support.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 14, Family Code, is amended by adding
1-14 Subchapter C to read as follows:
1-15 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE
1-16 TO PAY CHILD SUPPORT
1-17 Sec. 14.601. DEFINITIONS. In this subchapter:
1-18 (1) "Child support agency" means:
1-19 (A) the Title IV-D agency;
1-20 (B) a county or district attorney or other
1-21 county officer or agency that executes a cooperative agreement with
1-22 the Title IV-D agency to provide child support services under Part
1-23 D of Title IV of the federal Social Security Act (42 U.S.C. Section
1-24 651 et seq.) and Chapter 76, Human Resources Code; or
1-25 (C) a domestic relations office.
1-26 (2) "License" means a license, certificate,
1-27 registration, permit, or other authorization issued by a licensing
1-28 authority and subject to suspension, revocation, forfeiture, or
1-29 termination by the licensing authority prior to its date of
1-30 expiration that a person must obtain to practice or engage in a
1-31 particular business, occupation, or profession.
1-32 (3) "Licensing authority" means a department,
1-33 commission, board, office, or other agency of the state or of a
1-34 municipality or a political subdivision of the state that issues a
1-35 license.
1-36 (4) "Order suspending license" means an order issued
1-37 by the Title IV-D agency or a court directing a licensing authority
1-38 to suspend a license.
1-39 (5) "Title IV-D agency" means the state agency
1-40 designated under Chapter 76, Human Resources Code, to provide
1-41 services under the federal Social Security Act (42 U.S.C. Section
1-42 651 et seq.).
1-43 (6) "Title IV-D case" means an action in which
1-44 services are being provided by the Title IV-D agency pursuant to
1-45 Part D of Title IV of the federal Social Security Act (42 U.S.C.
1-46 Section 651 et seq.) seeking the location of an absent parent, a
1-47 determination of parentage, or to establish, modify, or enforce a
1-48 child support obligation filed in a court, administrative agency,
1-49 or quasi-judicial entity of this or another state.
1-50 Sec. 14.602. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
1-51 The following state agencies are licensing authorities subject to
1-52 this subchapter:
1-53 (1) Department of Agriculture;
1-54 (2) Texas Commission on Alcohol and Drug Abuse;
1-55 (3) Texas Alcoholic Beverage Commission;
1-56 (4) Texas Appraiser Licensing and Certification Board;
1-57 (5) Texas Board of Architectural Examiners;
1-58 (6) State Board of Barber Examiners;
1-59 (7) Texas Board of Chiropractic Examiners;
1-60 (8) Comptroller of Public Accounts;
1-61 (9) Texas Cosmetology Commission;
1-62 (10) Court Reporters Certification Board;
1-63 (11) State Board of Dental Examiners, if the 74th
1-64 Legislature, at its regular session, enacts legislation that
1-65 becomes law authorizing a state agency to regulate the practice of
1-66 dentistry;
1-67 (12) Texas State Board of Examiners of Dietitians;
1-68 (13) Texas Funeral Service Commission;
2-1 (14) Texas Department of Health;
2-2 (15) Texas Board of Professional Land Surveying;
2-3 (16) Texas Department of Licensing and Regulation;
2-4 (17) Texas State Board of Examiners of Marriage and
2-5 Family Therapists;
2-6 (18) Texas State Board of Medical Examiners;
2-7 (19) Midwifery Board;
2-8 (20) Texas Natural Resource Conservation Commission;
2-9 (21) Board of Nurse Examiners;
2-10 (22) Texas Board of Nursing Facility Administrators;
2-11 (23) Texas Board of Occupational Therapy Examiners;
2-12 (24) Texas Optometry Board;
2-13 (25) Parks and Wildlife Department;
2-14 (26) Texas State Board of Examiners of Perfusionists;
2-15 (27) State Board of Pharmacy;
2-16 (28) Texas Board of Physical Therapy Examiners;
2-17 (29) Texas State Board of Plumbing Examiners;
2-18 (30) Texas State Board of Podiatry Examiners;
2-19 (31) Polygraph Examiners Board;
2-20 (32) Texas Board of Private Investigators and Private
2-21 Security Agencies;
2-22 (33) Texas State Board of Examiners of Professional
2-23 Counselors;
2-24 (34) State Board of Registration for Professional
2-25 Engineers;
2-26 (35) Department of Protective and Regulatory Services;
2-27 (36) Texas State Board of Examiners of Psychologists;
2-28 (37) Texas State Board of Public Accountancy;
2-29 (38) Department of Public Safety of the State of
2-30 Texas;
2-31 (39) Public Utility Commission of Texas;
2-32 (40) Railroad Commission of Texas;
2-33 (41) Texas Real Estate Commission;
2-34 (42) State Bar of Texas;
2-35 (43) Texas State Board of Social Worker Examiners;
2-36 (44) State Board of Examiners for Speech-Language
2-37 Pathology and Audiology;
2-38 (45) Texas Structural Pest Control Board;
2-39 (46) Board of Tax Professional Examiners;
2-40 (47) Secretary of State;
2-41 (48) Supreme Court of Texas;
2-42 (49) Texas Transportation Commission;
2-43 (50) State Board of Veterinary Medical Examiners;
2-44 (51) Board of Vocational Nurse Examiners; and
2-45 (52) Texas Ethics Commission.
2-46 Sec. 14.603. SUSPENSION OF LICENSE. A court or the Title
2-47 IV-D agency shall issue an order suspending license as provided by
2-48 this subchapter if an obligor:
2-49 (1) has an arrearage equal to or greater than the
2-50 total support due for 90 days under a support order;
2-51 (2) has been provided an opportunity to make payments
2-52 toward the child support arrearage under an agreed or court-ordered
2-53 repayment schedule; and
2-54 (3) has failed to comply with the repayment schedule.
2-55 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A
2-56 child support agency or obligee may file a petition to suspend a
2-57 license.
2-58 (b) In a Title IV-D case, the petition must be filed with
2-59 the Title IV-D agency.
2-60 (c) In a case that is not a Title IV-D case, the petition
2-61 shall be filed in the court of continuing jurisdiction or the court
2-62 in which a child support order has been registered under Chapter 21
2-63 (Uniform Interstate Family Support Act).
2-64 (d) The proceedings in cases filed with the Title IV-D
2-65 agency are governed by the contested case provisions of Chapter
2-66 2001, Government Code (Administrative Procedure Act), except that
2-67 the provisions of Section 2001.054, Government Code, shall not
2-68 apply to the proceedings, and the director of the Title IV-D agency
2-69 is the state official responsible for rendering a final decision
2-70 under Section 2001.062, Government Code.
3-1 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under
3-2 this subchapter must state that license suspension is required
3-3 pursuant to Section 14.603 and must allege:
3-4 (1) the name and, if known, social security number of
3-5 the obligor;
3-6 (2) the type of license the obligor is believed to
3-7 hold and the name of the licensing authority; and
3-8 (3) the amount owed under the child support order, the
3-9 amount of support paid, and the amount of arrearages.
3-10 (b) A petition under this subchapter may include as an
3-11 attachment a copy of the record of child support payments
3-12 maintained by the Title IV-D registry or local registry.
3-13 Sec. 14.606. NOTICE. (a) On the filing of a petition under
3-14 Section 14.604, the court or Title IV-D agency shall issue to the
3-15 obligor:
3-16 (1) notice of the obligor's right to a hearing before
3-17 the court or agency;
3-18 (2) notice of the deadline for requesting a hearing;
3-19 and
3-20 (3) a hearing request form if the proceeding is in a
3-21 Title IV-D case.
3-22 (b) Notice under this section may be served as in civil
3-23 cases generally.
3-24 (c) The notice must state that an order suspending license
3-25 shall be rendered on the 60th day after the date of service of the
3-26 notice unless by that date:
3-27 (1) the court or Title IV-D agency receives proof that
3-28 all arrearages and the current month's child support obligation
3-29 have been paid;
3-30 (2) the child support agency or obligee files a
3-31 certification that the obligor is in compliance with a reasonable
3-32 repayment schedule; or
3-33 (3) the obligor appears at a hearing before the court
3-34 or Title IV-D agency and shows that the request for suspension
3-35 should be denied or stayed.
3-36 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
3-37 request for a hearing and motion to stay suspension must be filed
3-38 with the court or Title IV-D agency by the obligor not later than
3-39 the 20th day after the date of service of the notice under Section
3-40 14.606.
3-41 (b) If a request for a hearing is filed, the court or Title
3-42 IV-D agency shall:
3-43 (1) promptly schedule a hearing;
3-44 (2) notify each party of the date, time, and location
3-45 of the hearing; and
3-46 (3) stay suspension pending the hearing.
3-47 (c) A record of child support payments made by the Title
3-48 IV-D agency or a local registry is evidence of whether the payments
3-49 were made. A copy of the record appearing regular on its face
3-50 shall be admitted as evidence at a hearing under this subchapter,
3-51 including a hearing on a motion to revoke a stay. Either party may
3-52 offer controverting evidence.
3-53 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) On making the
3-54 findings required by Section 14.603, the court or the Title IV-D
3-55 agency shall render an order suspending license unless the obligor
3-56 proves that all arrearages and the current month's support have
3-57 been paid.
3-58 (b) The court or Title IV-D agency may stay the order
3-59 suspending license conditioned on the obligor's compliance with a
3-60 reasonable repayment schedule, the terms of which shall be
3-61 incorporated in the order. An order suspending license with a stay
3-62 of suspension may not be served on the licensing authority unless
3-63 the stay is revoked as provided in this subchapter.
3-64 (c) A final order suspending license rendered by a court or
3-65 the Title IV-D agency shall be forwarded to the appropriate
3-66 licensing authority.
3-67 (d) If the court or Title IV-D agency renders an order
3-68 suspending license, the obligor may also be ordered not to engage
3-69 in the licensed activity.
3-70 (e) If the court or Title IV-D agency finds that the
4-1 petition for suspension should be denied, the petition shall be
4-2 dismissed without prejudice and an order suspending license may not
4-3 be rendered.
4-4 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency
4-5 shall consider the allegations of the petition for suspension to be
4-6 admitted and shall render an order suspending license if the
4-7 obligor fails to:
4-8 (1) respond to a notice issued under Section 14.606;
4-9 (2) request a hearing; or
4-10 (3) appear at a hearing.
4-11 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
4-12 issued by a Title IV-D agency under this subchapter is a final
4-13 agency decision and is subject to review under the substantial
4-14 evidence rule as provided by Chapter 2001, Government Code
4-15 (Administrative Procedure Act).
4-16 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt
4-17 of a final order suspending license, the licensing authority shall
4-18 immediately determine if the authority has issued a license to the
4-19 obligor named on the order and, if a license has been issued:
4-20 (1) record the suspension of the license in the
4-21 licensing authority's records;
4-22 (2) report the suspension as appropriate; and
4-23 (3) demand surrender of the suspended license if
4-24 required by law for other cases in which a license is suspended.
4-25 (b) A licensing authority shall implement the terms of a
4-26 final order suspending license without additional review or
4-27 hearing. The authority may provide notice as appropriate to the
4-28 license holder or to others concerned with the license.
4-29 (c) A licensing authority may not modify, remand, reverse,
4-30 vacate, or stay an order suspending license issued under this
4-31 subchapter and may not review, vacate, or reconsider the terms of a
4-32 final order suspending license.
4-33 (d) An obligor who is the subject of a final order
4-34 suspending license is not entitled to a refund for any fee or
4-35 deposit paid to the licensing authority.
4-36 (e) An obligor who continues to engage in the business,
4-37 occupation, profession, or other licensed activity after the
4-38 implementation of the order suspending license by the licensing
4-39 authority is liable for the same civil and criminal penalties
4-40 provided for engaging in the licensed activity without a license or
4-41 while a license is suspended as any other licensee of the
4-42 particular licensing authority.
4-43 (f) A licensing authority is exempt from liability to a
4-44 license holder for any act authorized under this subchapter
4-45 performed by the authority.
4-46 (g) Except as provided by this subchapter, an order
4-47 suspending license or dismissing a petition for the suspension of a
4-48 license does not affect the power of a licensing authority to
4-49 grant, deny, suspend, revoke, terminate, or renew a license.
4-50 (h) The denial or suspension of a driver's license under
4-51 this subchapter is governed by this subchapter and not by the
4-52 general licensing provisions of Chapter 173, Acts of the 47th
4-53 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
4-54 Civil Statutes).
4-55 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee,
4-56 support enforcement agency, court, or Title IV-D agency may file a
4-57 motion to revoke the stay of an order suspending license if the
4-58 obligor does not comply with the terms of a reasonable repayment
4-59 plan entered into by the obligor.
4-60 (b) Notice to the obligor of a motion to revoke the stay
4-61 under this section may be given by personal service or by mail to
4-62 the address provided by the obligor, if any, in the order
4-63 suspending license. The notice must include a notice of hearing.
4-64 The notice must be provided to the obligor not less than 10 days
4-65 before the date of the hearing.
4-66 (c) A motion to revoke the stay must allege the manner in
4-67 which the obligor failed to comply with the repayment plan.
4-68 (d) If the court or Title IV-D agency finds that the obligor
4-69 is not in compliance with the terms of the repayment plan, the
4-70 court or agency shall revoke the stay of the order suspending
5-1 license and render a final order suspending license.
5-2 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
5-3 (a) The court or Title IV-D agency may render an order vacating or
5-4 staying an order suspending license if the obligor has paid all
5-5 delinquent child support or has established a satisfactory payment
5-6 record.
5-7 (b) The court or Title IV-D agency shall promptly deliver an
5-8 order vacating or staying an order suspending license to the
5-9 appropriate licensing authority.
5-10 (c) On receipt of an order vacating or staying an order
5-11 suspending license, the licensing authority shall properly issue
5-12 the affected license to the obligor if the obligor is otherwise
5-13 qualified for the license.
5-14 (d) An order rendered under this section does not affect the
5-15 right of the child support agency or obligee to any other remedy
5-16 provided by law, including the right to seek relief under this
5-17 subchapter. An order rendered under this section does not affect
5-18 the power of a licensing authority to grant, deny, suspend, revoke,
5-19 terminate, or renew a license as otherwise provided by law.
5-20 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing
5-21 authority may charge a fee to an obligor who is the subject of an
5-22 order suspending license in an amount sufficient to recover the
5-23 administrative costs incurred by the authority under this
5-24 subchapter.
5-25 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
5-26 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
5-27 each licensing authority the name, address, social security number,
5-28 license renewal date, and other identifying information for each
5-29 individual who holds, applies for, or renews a license issued by
5-30 the authority.
5-31 (b) A licensing authority shall provide the requested
5-32 information in the manner agreed to by the Title IV-D agency and
5-33 the licensing authority.
5-34 (c) The Title IV-D agency may enter into a cooperative
5-35 agreement with a licensing authority to administer this subchapter
5-36 in a cost-effective manner.
5-37 (d) The Title IV-D agency may adopt a reasonable
5-38 implementation schedule for the requirements of this section.
5-39 (e) The Title IV-D agency, the comptroller, and the Texas
5-40 Alcoholic Beverage Commission shall by rule specify additional
5-41 prerequisites for the suspension of licenses relating to state
5-42 taxes collected under Title 2, Tax Code. Such joint rules shall be
5-43 promulgated not later than March 1, 1996.
5-44 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D
5-45 agency by rule shall prescribe forms and procedures for the
5-46 implementation of this subchapter.
5-47 SECTION 2. This Act takes effect September 1, 1995.
5-48 SECTION 3. The importance of this legislation and the
5-49 crowded condition of the calendars in both houses create an
5-50 emergency and an imperative public necessity that the
5-51 constitutional rule requiring bills to be read on three several
5-52 days in each house be suspended, and this rule is hereby suspended.
5-53 * * * * *