S.B. No. 622
AN ACT
1-1 relating to the establishment and operation of a domestic relations
1-2 office; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 203, Family Code, as added by H.B. No.
1-5 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-6 amended to read as follows:
1-7 CHAPTER 203. DOMESTIC RELATIONS OFFICES <OFFICE>
1-8 Sec. 203.001. DEFINITIONS <DEFINITION>. In this chapter:
1-9 (1) "Administering entity" means a commissioners
1-10 court, juvenile board, or other entity responsible for
1-11 administering a domestic relations office under this chapter.
1-12 (2) "Domestic<, "domestic> relations office" means a
1-13 county <domestic relations> office that serves families, county
1-14 departments, and courts to ensure effective implementation of this
1-15 title <created:>
1-16 <(1) by tradition or under a statute before June 19,
1-17 1983; or>
1-18 <(2) under this chapter>.
1-19 Sec. 203.002. <APPLICABILITY. This chapter does not apply
1-20 to a county in which a child support collection service is
1-21 established by a statute.>
1-22 <Sec. 203.003.> Establishment of Domestic Relations Office.
1-23 A commissioners court may establish a domestic relations office.
1-24 Sec. 203.003 <203.004>. Administration <of Domestic
2-1 Relations Office>. (a) A domestic relations office shall be
2-2 <established under this chapter is> administered:
2-3 (1) <by the juvenile board serving the county; or>
2-4 <(2)> as provided by the commissioners court; or
2-5 (2) if the commissioners court does not otherwise
2-6 provide for the administration of the office, by the juvenile board
2-7 that serves the county in which the domestic relations office is
2-8 located.
2-9 (b) The administering entity shall appoint and assign the
2-10 duties of a director who shall be responsible for the day-to-day
2-11 administration of the office. A director serves at the pleasure of
2-12 the administering entity <A domestic relations office operating by
2-13 statute or tradition on June 19, 1983, and controlled and governed
2-14 by a juvenile board shall continue to be administered by a juvenile
2-15 board>.
2-16 (c) The administering entity shall determine the amount of
2-17 money needed to operate the office.
2-18 (d) A commissioners court that establishes a domestic
2-19 relations office under this chapter may execute a bond for the
2-20 office. A bond under this subsection must be:
2-21 (1) executed with a solvent surety company authorized
2-22 to do business in the state; and
2-23 (2) conditioned on the faithful performance of the
2-24 duties of the office.
2-25 (e) The administering entity shall establish procedures for
2-26 the acceptance and use of a grant or donation to the office.
2-27 Sec. 203.004 <203.005>. Powers and Duties <of Domestic
3-1 Relations Office; Child Support>. (a) A domestic relations office
3-2 may <shall>:
3-3 (1) collect and disburse <court-ordered> child support
3-4 payments that are ordered <required> by a court <order> to be paid
3-5 through a domestic relations registry <made to the office>;
3-6 (2) maintain records of payments and disbursements
3-7 made under Subdivision (1) <enforce child support orders, including
3-8 filing notices of delinquency and writs of income withholding as
3-9 provided by Chapter 158>;
3-10 (3) file a suit, including a suit to:
3-11 (A) establish paternity;
3-12 (B) enforce a court order for child support or
3-13 for possession of and access to a child; and
3-14 (C) modify or clarify an existing child support
3-15 order <disburse the payments to the persons entitled to receive the
3-16 payments for the benefit of a child>;
3-17 (4) provide an informal forum in which mediation is
3-18 used to resolve disputes in an action under Subdivision (3); <make
3-19 and keep records of payments and disbursements; and>
3-20 (5) prepare a court-ordered social study;
3-21 (6) represent a child as guardian ad litem in a suit
3-22 in which:
3-23 (A) termination of the parent-child relationship
3-24 is sought; or
3-25 (B) conservatorship of or access to a child is
3-26 contested;
3-27 (7) serve as a friend of the court;
4-1 (8) provide predivorce counseling ordered by a court;
4-2 (9) provide community supervision services under
4-3 Chapter 157; and
4-4 (10) provide information to assist a party in
4-5 understanding, complying with, or enforcing the party's duties and
4-6 obligations under Subdivision (3).
4-7 (b) A court having jurisdiction in a proceeding under this
4-8 title, Title 3, or Section 25.05, Penal Code, may order that child
4-9 support payments be made through a domestic relations office
4-10 <determine and compute any interest due and owing on child support
4-11 arrearages as provided by Chapter 157>.
4-12 <Sec. 203.006. SERVICES TO ENFORCE CERTAIN ORDERS RELATING
4-13 TO CHILD. (a) A domestic relations office shall provide services
4-14 to enforce an order providing for the possession of, support of, or
4-15 access to a child, including direct legal, informational, referral,
4-16 and counseling services.>
4-17 <(b) The services are to assist the parties affected by a
4-18 court order in understanding, complying with, and enforcing the
4-19 duties and obligations under the order.>
4-20 <(c) A person is not required to participate in counseling
4-21 offered by an office unless required by a court order.>
4-22 <Sec. 203.007. POWERS OF DOMESTIC RELATIONS OFFICE. A
4-23 domestic relations office may, if authorized by its governing
4-24 agency:>
4-25 <(1) prepare a social study at the court's request;>
4-26 <(2) represent a child as guardian ad litem in a suit
4-27 in which termination of the parent-child relationship is requested
5-1 or in which conservatorship of or access to the child is contested;
5-2 and>
5-3 <(3) provide predivorce counseling.>
5-4 <Sec. 203.008. COURT-ORDERED PAYMENT OF CHILD SUPPORT TO
5-5 DOMESTIC RELATIONS OFFICE. A court having jurisdiction of any of
5-6 the following actions may order that child support payments be made
5-7 to a domestic relations office:>
5-8 <(1) a suit affecting the parent-child relationship;>
5-9 <(2) a suit for child support under Chapter 159;>
5-10 <(3) a suit to adjudicate a child as delinquent or in
5-11 need of supervision under Title 3; or>
5-12 <(4) a criminal prosecution under Section 25.05, Penal
5-13 Code.>
5-14 Sec. 203.005 <203.009>. Fees and Charges. (a) The
5-15 administering entity <commissioners court of a county> may
5-16 authorize a domestic relations office to assess and collect:
5-17 (1) an initial operations fee not to exceed $15 to be
5-18 paid to the domestic relations office on the filing of a suit; <a
5-19 filing fee of not more than $5 for each suit filed in the county
5-20 for the dissolution of a marriage or affecting the parent-child
5-21 relationship;>
5-22 (2) a reasonable <attorney's fees and court costs
5-23 incurred by the office in enforcing an order for child support or
5-24 visitation assessed against the party found to be in violation of
5-25 the order;>
5-26 <(3) an> application fee to be paid <payable> by an
5-27 applicant <a person> requesting services from the office;
6-1 (3) a reasonable attorney's fee and court costs
6-2 incurred or ordered by the court; <and>
6-3 (4) a monthly child support service fee not to exceed
6-4 $3 to be paid by a <charge of not more than $2 payable by each>
6-5 managing conservator and possessory conservator for whom the
6-6 domestic relations office acts as a local child support registry;
6-7 (5) community supervision fees as provided by Chapter
6-8 157 if community supervision officers are employed by the domestic
6-9 relations office; and
6-10 (6) a reasonable fee for preparation of a
6-11 court-ordered social study <to fund any of the services provided by
6-12 the office>.
6-13 (b) The first payment of a <filing> fee under Subsection
6-14 (a)(4) is due on the date that the person required to pay support
6-15 is ordered to begin child support, alimony, or separate maintenance
6-16 payments. Subsequent payments of the fee are due annually and in
6-17 advance <authorized by Subsection (a)(1) shall be paid as other
6-18 court costs and collected by the court clerk>.
6-19 (c) The director of a domestic relations office shall
6-20 attempt to collect all fees in an efficient manner <A statute that
6-21 authorizes a filing fee of more than $5 to operate a child support
6-22 office supersedes the maximum filing fee set in Subsection (a)(1)>.
6-23 (d) The administering entity may provide for an exemption
6-24 from the payment of a fee authorized under this section if payment
6-25 of the fee is not practical or in the interest of justice. Fees
6-26 that may be exempted under this subsection include fees related to:
6-27 (1) spousal and child support payments made under an
7-1 interstate pact;
7-2 (2) a suit brought by the Texas Department of Human
7-3 Services;
7-4 (3) activities performed by the Department of
7-5 Protective and Regulatory Services or another governmental agency,
7-6 a private adoption agency, or a charitable organization; and
7-7 (4) services for a person who has applied for or who
7-8 receives public assistance under the laws of this state.
7-9 Sec. 203.006 <203.010>. <Domestic Relations Office> Fund.
7-10 (a) As determined by the administering entity, fees collected by a
7-11 domestic relations office shall be deposited in:
7-12 (1) the general fund for the county in which the
7-13 domestic relations office is located; or
7-14 (2) the office fund established for <A fee authorized
7-15 under Section 203.009 shall be sent to the county treasurer or
7-16 other officer performing the duties of the county treasurer for
7-17 deposit in a special fund entitled> the domestic relations office
7-18 <fund>.
7-19 (b) The administering entity <domestic relations office>
7-20 shall use <administer> the domestic relations office fund to
7-21 provide money for services authorized by <under> this chapter.
7-22 (c) A domestic relations office fund may be supplemented as
7-23 necessary from the county's general fund or from other money
7-24 available from the county.
7-25 <Sec. 203.011. USE OF COUNTY GENERAL FUNDS. In addition to
7-26 the domestic relations office fund, county general funds may be
7-27 used by the domestic relations office to provide services under
8-1 this chapter.>
8-2 Sec. 203.007 <203.012>. Access to Records; Offense
8-3 <Penalty>. (a) A domestic relations office may obtain the records
8-4 described by Subsections (b) and (c) that relate to a person who
8-5 has:
8-6 (1) been ordered to pay child support;
8-7 (2) been designated as a possessory conservator or
8-8 managing conservator of a child;
8-9 (3) been designated <adjudicated> to be the father of
8-10 a child <under Chapter 160>; or
8-11 (4) <(3)> executed a statement of paternity <under
8-12 Chapter 160>.
8-13 (b) A domestic relations office is entitled to obtain from
8-14 the Department of Public Safety records that relate to:
8-15 (1) a person's date of birth;
8-16 (2) a person's most recent address;
8-17 (3) a person's current driver's license status;
8-18 (4) motor vehicle accidents involving a person; and
8-19 (5) reported traffic-law violations of which a person
8-20 has been convicted.
8-21 (c) A domestic relations office is entitled to obtain from
8-22 the Texas Employment Commission records that relate to:
8-23 (1) a person's address;
8-24 (2) a person's employment status and earnings;
8-25 (3) the name and address of a person's current or
8-26 former employer; and
8-27 (4) <a person's wage income; and>
9-1 <(5)> unemployment compensation benefits received by a
9-2 person.
9-3 (d) An agency required to provide records under this section
9-4 <The Department of Public Safety or the Texas Employment
9-5 Commission> may charge a domestic relations office a fee for
9-6 providing the records in an amount that does not <to> exceed the
9-7 amount <charge> paid for those records by the agency responsible
9-8 for Title IV-D cases <by the attorney general's office for
9-9 furnishing records under this section>.
9-10 (e) Information <Any information> obtained by a domestic
9-11 relations office under this section that is confidential under a
9-12 constitution, statute, judicial decision, or rule is privileged
9-13 <information> and may be used only by that <is for the exclusive
9-14 use of the domestic relations> office.
9-15 (f) A person commits an offense if the person releases or
9-16 discloses confidential information obtained under this section
9-17 without the consent of the person to whom the information relates.
9-18 An offense under this subsection is a Class C misdemeanor.
9-19 SECTION 2. (a) This Act takes effect September 1, 1995.
9-20 (b) A domestic relations office created before the effective
9-21 date of this Act that is in existence on that date may continue to
9-22 operate after that date but may operate only as provided by this
9-23 Act.
9-24 (c) The enactment of this Act does not affect the validity
9-25 or enforcement of a court order entered before the effective date
9-26 of this Act that provides for a service to be performed by a
9-27 domestic relations office. A domestic relations office performing
10-1 services under a court order entered before the effective date of
10-2 this Act shall perform the services as provided by this Act.
10-3 SECTION 3. Sections 152.0214, 152.1075, 152.2493, 152.2494,
10-4 and 152.2495, Human Resources Code, are repealed.
10-5 SECTION 4. The importance of this legislation and the
10-6 crowded condition of the calendars in both houses create an
10-7 emergency and an imperative public necessity that the
10-8 constitutional rule requiring bills to be read on three several
10-9 days in each house be suspended, and this rule is hereby suspended.