By: Harris S.B. No. 622 A BILL TO BE ENTITLED 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. Subtitle C, Title 2, Family Code, is amended by 1-5 adding Chapter 38 to read as follows: 1-6 CHAPTER 38. DOMESTIC RELATIONS OFFICES 1-7 Sec. 38.001. DEFINITIONS. In this chapter: 1-8 (1) "Administering entity" means a commissioners 1-9 court, juvenile board, or other entity responsible for 1-10 administering a domestic relations office under this chapter. 1-11 (2) "Domestic relations office" means a county office 1-12 that serves families, county departments, and courts to ensure 1-13 effective implementation of this title. 1-14 Sec. 38.002. ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE. 1-15 (a) A commissioners court may establish a domestic relations 1-16 office. 1-17 (b) A commissioners court in a county having a population of 1-18 1,000,000 or more shall establish a domestic relations office. 1-19 Sec. 38.003. ADMINISTRATION. (a) A domestic relations 1-20 office shall be administered: 1-21 (1) as provided by the commissioners court; or 1-22 (2) if the commissioners court does not otherwise 1-23 provide for the administration of the office, by the juvenile board 1-24 that serves the county in which the domestic relations office is 2-1 located. 2-2 (b) The administering entity shall appoint and assign the 2-3 duties of a director who shall be responsible for the day-to-day 2-4 administration of the office. A director serves at the pleasure of 2-5 the administering entity. 2-6 (c) The administering entity shall determine the amount of 2-7 money needed to operate the office. 2-8 (d) A commissioners court that establishes a domestic 2-9 relations office under this chapter may execute a bond for the 2-10 office. A bond under this subsection must be: 2-11 (1) executed with a solvent surety company authorized 2-12 to do business in the state; and 2-13 (2) conditioned on the faithful performance of the 2-14 duties of the office. 2-15 (e) The administering entity shall establish procedures for 2-16 the acceptance and use of a grant or donation to the office. 2-17 Sec. 38.004. POWERS AND DUTIES. (a) A domestic relations 2-18 office may: 2-19 (1) collect and disburse child support payments that 2-20 are ordered by a court to be paid through a domestic relations 2-21 registry; 2-22 (2) maintain records of payments and disbursements 2-23 made under Subdivision (1); 2-24 (3) file a suit affecting the parent-child 2-25 relationship, including a suit to: 2-26 (A) establish paternity; 2-27 (B) enforce a court order for child support or 3-1 for possession of and access to a child; and 3-2 (C) modify or clarify an existing court order; 3-3 (4) provide an informal forum in which mediation is 3-4 used to resolve disputes in an action under Subdivision (3); 3-5 (5) prepare a court-ordered social study; 3-6 (6) represent a child as guardian ad litem in a suit 3-7 in which: 3-8 (A) termination of the parent-child relationship 3-9 is sought; or 3-10 (B) conservatorship of or access to a child is 3-11 contested; 3-12 (7) serve as a friend of the court; 3-13 (8) provide pre-divorce counseling ordered by a court; 3-14 (9) provide probation services under Chapter 19; and 3-15 (10) provide information to assist a party in 3-16 understanding, complying with, or enforcing the party's duties and 3-17 obligations under Subdivision (3). 3-18 (b) A court having jurisdiction in a proceeding under this 3-19 title, Title 3, or Section 25.05, Penal Code, may order that child 3-20 support payments be made through a domestic relations office. 3-21 Sec. 38.005. FEES AND CHARGES. (a) The administering 3-22 entity may authorize a domestic relations office to assess and 3-23 collect: 3-24 (1) an initial operations fee not to exceed $15 to be 3-25 paid to the domestic relations office on the filing of a suit 3-26 affecting the parent-child relationship; 3-27 (2) a reasonable application fee to be paid by an 4-1 applicant requesting services; 4-2 (3) a reasonable attorney's fee and court costs 4-3 incurred or ordered by the court; 4-4 (4) a monthly service fee not to exceed $3 to be paid 4-5 by each managing conservator and possessory conservator for whom 4-6 the domestic relations office acts as a local child support 4-7 registry; 4-8 (5) probation fees as provided by Chapter 19 if 4-9 probation officers are employed by the domestic relations office; 4-10 and 4-11 (6) a reasonable fee for preparation of a 4-12 court-ordered social study. 4-13 (b) The first payment of a fee under Subsection (a)(4) is 4-14 due on the date that the person required to pay support is ordered 4-15 to begin child support, alimony, or separate maintenance payments. 4-16 Subsequent payments of the fee are due annually and in advance. 4-17 (c) The director of a domestic relations office shall 4-18 attempt to collect all fees in an efficient manner. 4-19 (d) The administering entity may provide for an exemption 4-20 from the payment of a fee authorized under this section if payment 4-21 of the fee is not practical or in the interest of justice. Fees 4-22 that may be exempted under this subsection include fees related to: 4-23 (1) spousal and child support payments made under an 4-24 interstate pact; 4-25 (2) a suit brought by the Texas Department of Human 4-26 Services; 4-27 (3) activities performed by the Department of 5-1 Protective and Regulatory Services or another governmental agency, 5-2 a private adoption agency, or a charitable organization; and 5-3 (4) services for a person who has applied for or who 5-4 receives public assistance under the laws of this state. 5-5 Sec. 38.006. FUND. (a) As determined by the administering 5-6 entity, fees collected by a domestic relations office under this 5-7 chapter shall be deposited in: 5-8 (1) the general fund for the county in which the 5-9 domestic relations office is located; or 5-10 (2) the office fund established for the domestic 5-11 relations office. 5-12 (b) The administering entity shall use the domestic 5-13 relations office fund to provide money for services authorized by 5-14 this chapter. 5-15 (c) A domestic relations office fund may be supplemented as 5-16 necessary from the county's general fund or from other money 5-17 available from the county. 5-18 Sec. 38.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic 5-19 relations office may obtain the records described by Subsections 5-20 (b) and (c) that relate to a person who has: 5-21 (1) been ordered to pay child support; 5-22 (2) been designated as a possessory or managing 5-23 conservator of a child; 5-24 (3) been designated as the father of a child; or 5-25 (4) executed a statement of paternity. 5-26 (b) A domestic relations office may obtain from the 5-27 Department of Public Safety records that relate to: 6-1 (1) a person's date of birth; 6-2 (2) a person's most recent address; 6-3 (3) a person's current driver's license status; 6-4 (4) motor vehicle accidents involving a person; and 6-5 (5) reported traffic law violations for which a person 6-6 has been convicted. 6-7 (c) A domestic relations office may obtain from the Texas 6-8 Employment Commission records that relate to: 6-9 (1) a person's address; 6-10 (2) a person's employment status and earnings; 6-11 (3) the name and address of a person's current or 6-12 former employer; and 6-13 (4) unemployment compensation benefits received by a 6-14 person. 6-15 (d) An agency required to provide records under this section 6-16 may charge a domestic relations office a fee for providing the 6-17 records in an amount that does not exceed the amount paid for those 6-18 records by the agency responsible for Title IV-D cases. 6-19 (e) Information obtained by a domestic relations office 6-20 under this section that is confidential under a constitution, 6-21 statute, judicial decision, or rule is privileged and may be used 6-22 only by that office. 6-23 (f) A person commits an offense if the person releases or 6-24 discloses confidential information obtained under this section 6-25 without the consent of the person to whom the information relates. 6-26 An offense under this subsection is a Class C misdemeanor. 6-27 SECTION 2. (a) This Act takes effect September 1, 1995. 7-1 (b) A domestic relations office created before the effective 7-2 date of this Act that is in existence on that date may continue to 7-3 operate after that date but may operate only as provided by this 7-4 Act. 7-5 (c) The enactment of this Act does not affect the validity 7-6 or enforcement of a court order entered before the effective date 7-7 of this Act that provides for a service to be performed by a 7-8 domestic relations office. A domestic relations office performing 7-9 services under a court order entered before the effective date of 7-10 this Act shall perform the services as provided by this Act. 7-11 (d) The change in law made by this Act applies only to 7-12 prosecution for an offense committed on or after the effective date 7-13 of this Act. For purposes of this subsection, an offense is 7-14 committed before the effective date of this Act if any element of 7-15 the offense occurs before that date. An offense committed before 7-16 the effective date of this Act is covered by the law in effect when 7-17 the offense was committed, and the former law is continued in 7-18 effect for that purpose. 7-19 SECTION 3. The following laws are repealed: 7-20 (1) Chapter 151, Human Resources Code; and 7-21 (2) Sections 152.0214, 152.1075, 152.2493, 152.2494, 7-22 and 152.2495, Human Resources Code. 7-23 SECTION 4. The importance of this legislation and the 7-24 crowded condition of the calendars in both houses create an 7-25 emergency and an imperative public necessity that the 7-26 constitutional rule requiring bills to be read on three several 7-27 days in each house be suspended, and this rule is hereby suspended.