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.
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