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 * * * * *