1-1 By: Harris S.B. No. 622 1-2 (In the Senate - Filed February 16, 1995; February 20, 1995, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 April 11, 1995, reported favorably, as amended, by the following 1-5 vote: Yeas 6, Nays 0; April 11, 1995, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Harris 1-7 Amend S.B. No. 622 as follows: 1-8 (1) On page 1, on line 9 (Committee printing page 1, line 1-9 45), between "a" and "juvenile" insert "commissioners court,". 1-10 (2) On page 1, on line 16 (Committee printing page 1, line 1-11 52), strike "(a)". 1-12 (3) On page 1, strike lines 18 and 19 (Committee printing 1-13 page 1, lines 54-55). 1-14 (4) On page 3, on line 22 (Committee printing page 2, line 1-15 44), after "The" strike "commissioners court" and insert 1-16 "administering entity". 1-17 (5) On page 4, on line 4 (Committee printing page 2, line 1-18 53), strike "child support". 1-19 (6) On page 4, on line 5 (Committee printing page 2, line 1-20 54), strike "a" and insert "each". 1-21 (7) On page 4, on line 5 (Committee printing page 2, line 1-22 54), strike "or" and insert "and". 1-23 (8) On page 4, on line 7 (Committee printing page 2, line 1-24 56), strike "and". 1-25 (9) On page 4, on line 9 (Committee printing page 2, line 1-26 58), strike "." and insert "; and". 1-27 (10) On page 4, between lines 9 and 10 (Committee printing 1-28 page 2, lines 58-59), insert the following: 1-29 "(6) a reasonable fee for preparation of a 1-30 court-ordered social study.". 1-31 COMMITTEE AMENDMENT NO. 2 By: Cain, West 1-32 Amend S.B. No. 622 as follows: 1-33 On page 1, in Section 38.002, add Subsection (b) to read 1-34 "(b) A commissioners court in a county having a population 1-35 of 1,000,000 or more shall establish a domestic relations office." 1-36 A BILL TO BE ENTITLED 1-37 AN ACT 1-38 relating to the establishment and operation of a domestic relations 1-39 office; providing a penalty. 1-40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-41 SECTION 1. Subtitle C, Title 2, Family Code, is amended by 1-42 adding Chapter 38 to read as follows: 1-43 CHAPTER 38. DOMESTIC RELATIONS OFFICES 1-44 Sec. 38.001. DEFINITIONS. In this chapter: 1-45 (1) "Administering entity" means a juvenile board or 1-46 other entity responsible for administering a domestic relations 1-47 office under this chapter. 1-48 (2) "Domestic relations office" means a county office 1-49 that serves families, county departments, and courts to ensure 1-50 effective implementation of this title. 1-51 Sec. 38.002. ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE. 1-52 (a) A commissioners court may establish a domestic relations 1-53 office. 1-54 (b) A commissioners court in a county having a population of 1-55 1,000,000 or more shall establish a domestic relations office. 1-56 Sec. 38.003. ADMINISTRATION. (a) A domestic relations 1-57 office shall be administered: 1-58 (1) as provided by the commissioners court; or 1-59 (2) if the commissioners court does not otherwise 1-60 provide for the administration of the office, by the juvenile board 1-61 that serves the county in which the domestic relations office is 1-62 located. 1-63 (b) The administering entity shall appoint and assign the 1-64 duties of a director who shall be responsible for the day-to-day 1-65 administration of the office. A director serves at the pleasure of 1-66 the administering entity. 1-67 (c) The administering entity shall determine the amount of 1-68 money needed to operate the office. 2-1 (d) A commissioners court that establishes a domestic 2-2 relations office under this chapter may execute a bond for the 2-3 office. A bond under this subsection must be: 2-4 (1) executed with a solvent surety company authorized 2-5 to do business in the state; and 2-6 (2) conditioned on the faithful performance of the 2-7 duties of the office. 2-8 (e) The administering entity shall establish procedures for 2-9 the acceptance and use of a grant or donation to the office. 2-10 Sec. 38.004. POWERS AND DUTIES. (a) A domestic relations 2-11 office may: 2-12 (1) collect and disburse child support payments that 2-13 are ordered by a court to be paid through a domestic relations 2-14 registry; 2-15 (2) maintain records of payments and disbursements 2-16 made under Subdivision (1); 2-17 (3) file a suit affecting the parent-child 2-18 relationship, including a suit to: 2-19 (A) establish paternity; 2-20 (B) enforce a court order for child support or 2-21 for possession of and access to a child; and 2-22 (C) modify or clarify an existing court order; 2-23 (4) provide an informal forum in which mediation is 2-24 used to resolve disputes in an action under Subdivision (3); 2-25 (5) prepare a court-ordered social study; 2-26 (6) represent a child as guardian ad litem in a suit 2-27 in which: 2-28 (A) termination of the parent-child relationship 2-29 is sought; or 2-30 (B) conservatorship of or access to a child is 2-31 contested; 2-32 (7) serve as a friend of the court; 2-33 (8) provide pre-divorce counseling ordered by a court; 2-34 (9) provide probation services under Chapter 19; and 2-35 (10) provide information to assist a party in 2-36 understanding, complying with, or enforcing the party's duties and 2-37 obligations under Subdivision (3). 2-38 (b) A court having jurisdiction in a proceeding under this 2-39 title, Title 3, or Section 25.05, Penal Code, may order that child 2-40 support payments be made through a domestic relations office. 2-41 Sec. 38.005. FEES AND CHARGES. (a) The commissioners court 2-42 may authorize a domestic relations office to assess and collect: 2-43 (1) an initial operations fee not to exceed $15 to be 2-44 paid to the domestic relations office on the filing of a suit 2-45 affecting the parent-child relationship; 2-46 (2) a reasonable application fee to be paid by an 2-47 applicant requesting services; 2-48 (3) a reasonable attorney's fee and court costs 2-49 incurred or ordered by the court; 2-50 (4) a monthly child support service fee not to exceed 2-51 $3 to be paid by a managing conservator or possessory conservator 2-52 for whom the domestic relations office acts as a local child 2-53 support registry; and 2-54 (5) probation fees as provided by Chapter 19 if 2-55 probation officers are employed by the domestic relations office. 2-56 (b) The first payment of a fee under Subsection (a)(4) is 2-57 due on the date that the person required to pay support is ordered 2-58 to begin child support, alimony, or separate maintenance payments. 2-59 Subsequent payments of the fee are due annually and in advance. 2-60 (c) The director of a domestic relations office shall 2-61 attempt to collect all fees in an efficient manner. 2-62 (d) The administering entity may provide for an exemption 2-63 from the payment of a fee authorized under this section if payment 2-64 of the fee is not practical or in the interest of justice. Fees 2-65 that may be exempted under this subsection include fees related to: 2-66 (1) spousal and child support payments made under an 2-67 interstate pact; 2-68 (2) a suit brought by the Texas Department of Human 2-69 Services; 2-70 (3) activities performed by the Department of 3-1 Protective and Regulatory Services or another governmental agency, 3-2 a private adoption agency, or a charitable organization; and 3-3 (4) services for a person who has applied for or who 3-4 receives public assistance under the laws of this state. 3-5 Sec. 38.006. FUND. (a) As determined by the administering 3-6 entity, fees collected by a domestic relations office under this 3-7 chapter shall be deposited in: 3-8 (1) the general fund for the county in which the 3-9 domestic relations office is located; or 3-10 (2) the office fund established for the domestic 3-11 relations office. 3-12 (b) The administering entity shall use the domestic 3-13 relations office fund to provide money for services authorized by 3-14 this chapter. 3-15 (c) A domestic relations office fund may be supplemented as 3-16 necessary from the county's general fund or from other money 3-17 available from the county. 3-18 Sec. 38.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic 3-19 relations office may obtain the records described by Subsections 3-20 (b) and (c) that relate to a person who has: 3-21 (1) been ordered to pay child support; 3-22 (2) been designated as a possessory or managing 3-23 conservator of a child; 3-24 (3) been designated as the father of a child; or 3-25 (4) executed a statement of paternity. 3-26 (b) A domestic relations office may obtain from the 3-27 Department of Public Safety records that relate to: 3-28 (1) a person's date of birth; 3-29 (2) a person's most recent address; 3-30 (3) a person's current driver's license status; 3-31 (4) motor vehicle accidents involving a person; and 3-32 (5) reported traffic law violations for which a person 3-33 has been convicted. 3-34 (c) A domestic relations office may obtain from the Texas 3-35 Employment Commission records that relate to: 3-36 (1) a person's address; 3-37 (2) a person's employment status and earnings; 3-38 (3) the name and address of a person's current or 3-39 former employer; and 3-40 (4) unemployment compensation benefits received by a 3-41 person. 3-42 (d) An agency required to provide records under this section 3-43 may charge a domestic relations office a fee for providing the 3-44 records in an amount that does not exceed the amount paid for those 3-45 records by the agency responsible for Title IV-D cases. 3-46 (e) Information obtained by a domestic relations office 3-47 under this section that is confidential under a constitution, 3-48 statute, judicial decision, or rule is privileged and may be used 3-49 only by that office. 3-50 (f) A person commits an offense if the person releases or 3-51 discloses confidential information obtained under this section 3-52 without the consent of the person to whom the information relates. 3-53 An offense under this subsection is a Class C misdemeanor. 3-54 SECTION 2. (a) This Act takes effect September 1, 1995. 3-55 (b) A domestic relations office created before the effective 3-56 date of this Act that is in existence on that date may continue to 3-57 operate after that date but may operate only as provided by this 3-58 Act. 3-59 (c) The enactment of this Act does not affect the validity 3-60 or enforcement of a court order entered before the effective date 3-61 of this Act that provides for a service to be performed by a 3-62 domestic relations office. A domestic relations office performing 3-63 services under a court order entered before the effective date of 3-64 this Act shall perform the services as provided by this Act. 3-65 (d) The change in law made by this Act applies only to 3-66 prosecution for an offense committed on or after the effective date 3-67 of this Act. For purposes of this subsection, an offense is 3-68 committed before the effective date of this Act if any element of 3-69 the offense occurs before that date. An offense committed before 3-70 the effective date of this Act is covered by the law in effect when 4-1 the offense was committed, and the former law is continued in 4-2 effect for that purpose. 4-3 SECTION 3. The following laws are repealed: 4-4 (1) Chapter 151, Human Resources Code; and 4-5 (2) Sections 152.0214, 152.1075, 152.2493, 152.2494, 4-6 and 152.2495, Human Resources Code. 4-7 SECTION 4. The importance of this legislation and the 4-8 crowded condition of the calendars in both houses create an 4-9 emergency and an imperative public necessity that the 4-10 constitutional rule requiring bills to be read on three several 4-11 days in each house be suspended, and this rule is hereby suspended. 4-12 * * * * *