By Harris S.B. No. 793
74R6271 JMM/MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of certain child support and medical
1-3 support obligations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. POWERS AND DUTIES OF ATTORNEY GENERAL
1-6 SECTION 1.01. Chapter 76, Human Resources Code, is amended
1-7 by adding Section 76.0011 to read as follows:
1-8 Sec. 76.0011. USE OF PRIVATE ENTITIES FOR CHILD SUPPORT
1-9 ENFORCEMENT. (a) The attorney general may and is strongly
1-10 encouraged to contract with a private attorney, other private
1-11 entity, or political subdivision of the state to:
1-12 (1) establish or modify child support obligations;
1-13 (2) collect child support; or
1-14 (3) determine paternity under this chapter or federal
1-15 law.
1-16 (b) In contracting for child support enforcement services
1-17 under this section, the attorney general shall use competitive
1-18 bidding to the extent authorized by law. A contract made under
1-19 this section shall provide that the entity performing child support
1-20 enforcement services receive compensation through a contingency fee
1-21 determined from a percentage of the collections made by the entity.
1-22 (c) The attorney general shall contract with private
1-23 attorneys or other private entities to represent child support
1-24 obligees who receive financial assistance under Chapter 31 in not
2-1 less than 10 percent of cases in which a child support payment is
2-2 delinquent by 12 months or more.
2-3 (d) A private attorney, other private entity, or political
2-4 subdivision that contracts with the attorney general under this
2-5 section may use any means of enforcement available to the attorney
2-6 general under state law.
2-7 (e) The attorney general shall provide copies of all
2-8 contracts entered into under this section to the Legislative Budget
2-9 Board and the Governor's Office of Budget and Planning, along with
2-10 a written justification of the need for each contract, within 60
2-11 days after the execution of the contract.
2-12 (f) The attorney general shall attempt to award to
2-13 disadvantaged businesses at least 20 percent of the contracts
2-14 awarded to private attorneys or private entities under this
2-15 section.
2-16 (g) The attorney general shall submit to the governor and
2-17 the legislature not later than August 31 of each year a report that
2-18 indicates the:
2-19 (1) name of each disadvantaged business awarded a
2-20 contract under this section; and
2-21 (2) percentage of the total amount of compensation
2-22 paid by the attorney general to private attorneys and private
2-23 entities under this section received by disadvantaged businesses.
2-24 (h) The attorney general shall give preference to a private
2-25 entity with a principal place of business in this state in awarding
2-26 contracts under this section when the cost and quality of services
2-27 being offered are equal.
3-1 (i) In this section, "disadvantaged business" means:
3-2 (1) a corporation formed for the purpose of making a
3-3 profit in which at least 51 percent of all classes of the shares of
3-4 stock or other equitable securities are owned by one or more
3-5 persons who are socially disadvantaged because of their
3-6 identification as members of certain groups, including black
3-7 Americans, Hispanic Americans, women, Asian Pacific Americans, and
3-8 Native Americans, who have suffered the effects of discriminatory
3-9 practices or similar invidious circumstances over which they have
3-10 no control;
3-11 (2) a sole proprietorship created for the purpose of
3-12 making a profit that is 100 percent owned, operated, and controlled
3-13 by a person described by Subdivision (1);
3-14 (3) a partnership formed for the purpose of making a
3-15 profit in which at least 51 percent of the assets and interest in
3-16 the partnership is owned by one or more persons described by
3-17 Subdivision (1), only if those persons have a proportionate
3-18 interest in the control, operation, and management of the
3-19 partnership affairs; or
3-20 (4) a joint venture in which each entity in the joint
3-21 venture is a business described by Subdivision (1), (2), or (3).
3-22 SECTION 1.02. Section 76.003, Human Resources Code, is
3-23 amended by adding Subsection (g) to read as follows:
3-24 (g) To the extent possible, the attorney general shall
3-25 enforce a child support obligation in a case involving a child who
3-26 receives financial assistance under Chapter 31 not later than the
3-27 first anniversary of the date the attorney general receives from
4-1 the Texas Department of Human Services the information the
4-2 department is required to provide to assist in the enforcement of
4-3 that obligation.
4-4 SECTION 1.03. Sections 76.007(b)-(g), Human Resources Code,
4-5 are amended to read as follows:
4-6 (b) <The attorney general may contract with private
4-7 attorneys or political subdivisions of the state to represent this
4-8 state or another state in an action brought under the authority of
4-9 federal law and this chapter.>
4-10 <(c) The attorney general shall provide copies of all
4-11 contracts entered into under this section to the Legislative Budget
4-12 Board and the Governor's Office of Budget and Planning, along with
4-13 a written justification of the need for each contract, within 60
4-14 days after the execution of the contract.>
4-15 <(d)> An attorney employed by the attorney general or as
4-16 otherwise provided by this chapter represents the interest of the
4-17 state and not the interest of any other party. The provision of
4-18 services by an attorney under this chapter does not create an
4-19 attorney-client relationship between the attorney and any other
4-20 party. The attorney general's office shall, at the time an
4-21 application for child support services is made, inform the
4-22 applicant that neither the attorney general's office nor any
4-23 attorney who provides services under this chapter is the
4-24 applicant's attorney and that the attorney providing services under
4-25 this chapter does not provide legal representation to the
4-26 applicant.
4-27 (c) <(e)> An attorney employed by the attorney general or as
5-1 otherwise provided under this chapter may not be appointed or act
5-2 as a guardian ad litem or attorney ad litem for a child or another
5-3 party.
5-4 (d) <(f)> The provision of services by the attorney
5-5 general's office under this chapter or Part D of Title IV of the
5-6 federal Social Security Act (42 U.S.C. Section 651 et seq.) does
5-7 not authorize service on the attorney general's office of any legal
5-8 notice that is required to be served on any party other than the
5-9 attorney general.
5-10 (e) <(g)> A court shall not disqualify the attorney general
5-11 in a legal action brought under this chapter or Part D of Title IV
5-12 of the federal Social Security Act (42 U.S.C. Section 651 et seq.)
5-13 on the basis that the attorney general has previously provided
5-14 services to a party whose interests may now be adverse to the
5-15 relief sought by the attorney general in providing services under
5-16 this chapter.
5-17 SECTION 1.04. Sections 76.009(a) and (b), Human Resources
5-18 Code, are amended to read as follows:
5-19 (a) In, or in connection with, a Title IV-D case brought by
5-20 the attorney general or a private attorney or political subdivision
5-21 that has entered into a contract under Section 76.0011(a)
5-22 <76.007(b)>, the attorney general shall pay the following fees in a
5-23 suit affecting the parent-child relationship under Title 2, Family
5-24 Code, including a suit to establish paternity, a motion to enforce
5-25 or modify a decree, or a notice of child support delinquency, or in
5-26 a suit under Chapter 21, Family Code:
5-27 (1) filing fees and fees for issuance and service of
6-1 process as provided by Sections 51.317, 51.318(b)(2), and
6-2 51.319(4), Government Code, and Section 14.13, Family Code;
6-3 (2) fees for transfer as provided by Section 11.06(l)
6-4 or Section 14.13, Family Code;
6-5 (3) fees for the issuance and delivery of orders and
6-6 writs of income withholding in the amounts provided by Sections
6-7 14.43 and 14.45(h), Family Code;
6-8 (4) a fee of $45 for each item of process to each
6-9 individual on whom service is required, including service by
6-10 certified or registered mail, to be paid to a sheriff, constable,
6-11 or clerk whenever service of process is required; and
6-12 (5) mileage costs incurred by a sheriff or constable
6-13 when traveling out of the county to execute an outstanding warrant
6-14 or capias, to be reimbursed at a rate not to exceed the rate
6-15 provided for mileage incurred by state employees in the General
6-16 Appropriations Act.
6-17 (b) Except as provided by Subsections (a) and (d), a
6-18 district or county clerk, sheriff, constable, or other government
6-19 officer or employee may not charge the attorney general or a
6-20 private attorney or political subdivision that has entered into a
6-21 contract under Section 76.0011(a) <76.007(b)> any fees or other
6-22 amounts otherwise imposed by law for services rendered in, or in
6-23 connection with, a Title IV-D case, including:
6-24 (1) a fee payable to a district clerk under Sections
6-25 51.319(1), (2), (3), and (5), Government Code;
6-26 (2) a court reporter fee under Section 51.601,
6-27 Government Code, except as provided by Subsection (i) of this
7-1 section;
7-2 (3) a judicial fund fee under Section 51.701,
7-3 Government Code;
7-4 (4) a fee for a child support registry, enforcement
7-5 office, or domestic relations office; and
7-6 (5) a fee for alternative dispute resolution services.
7-7 SECTION 1.05. Section 76.011, Human Resources Code, is
7-8 amended by amending Subsection (a) and adding Subsections (i) and
7-9 (j) to read as follows:
7-10 (a) The attorney general shall create and develop a
7-11 voluntary Employer New Hire Reporting (ENHR) program in the child
7-12 support enforcement division of the office of the attorney general.
7-13 The ENHR program shall provide a means for employers to assist in
7-14 the state's efforts to locate absent parents who owe child support
7-15 and collect support from those parents by reporting information
7-16 concerning newly hired and rehired employees directly to the child
7-17 support enforcement program. The attorney general shall encourage
7-18 use of the ENHR program by simplifying employer reporting
7-19 requirements.
7-20 (i) An employer participating in the ENHR program is
7-21 strongly encouraged to report to the attorney general information
7-22 about health insurance coverage available through the employer in
7-23 which a dependent child may be enrolled under Section 14.061,
7-24 Family Code.
7-25 (j) To expand the ENHR program, the office of the attorney
7-26 general shall work closely with the Texas Employment Commission,
7-27 the Texas Workers' Compensation Commission, the comptroller, the
8-1 Texas Department of Commerce, the secretary of state, and employer
8-2 groups. Efforts to expand the program shall include:
8-3 (1) regularly sending to employers solicitations for
8-4 participation in the program and promotional information about the
8-5 program that includes information on:
8-6 (A) the program's impact on child support and
8-7 medical support enforcement;
8-8 (B) savings in public assistance payments
8-9 attributable to the program;
8-10 (C) participation requirements; and
8-11 (D) awards available for business participation;
8-12 and
8-13 (2) developing a public awareness program that:
8-14 (A) stresses the importance of securing
8-15 financial support for all children; and
8-16 (B) informs the public about the ENHR program.
8-17 SECTION 1.06. Chapter 76, Human Resources Code, is amended
8-18 by adding Section 76.012 to read as follows:
8-19 Sec. 76.012. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
8-20 FOR CHILDREN RECEIVING AFDC BENEFITS. (a) The attorney general
8-21 and the Texas Department of Human Services by rule shall adopt a
8-22 memorandum of understanding governing the establishment and
8-23 enforcement of court-ordered child support in cases involving
8-24 children who receive financial assistance under Chapter 31. The
8-25 memorandum shall require the attorney general and the department
8-26 to:
8-27 (1) develop procedures to ensure that the information
9-1 the department is required to collect to establish and enforce
9-2 child support:
9-3 (A) is collected from the person applying to
9-4 receive the financial assistance at the time the application is
9-5 filed;
9-6 (B) is accurate and complete when the department
9-7 forwards the information to the attorney general; and
9-8 (C) is not information previously reported to
9-9 the attorney general;
9-10 (2) develop procedures to ensure that the attorney
9-11 general does not duplicate the efforts of the department in
9-12 gathering necessary information;
9-13 (3) clarify each agency's responsibilities in the
9-14 establishment and enforcement of child support; and
9-15 (4) develop guidelines for use by eligibility workers
9-16 and child support enforcement officers in obtaining from an
9-17 applicant the information required to establish and enforce child
9-18 support for that child.
9-19 (b) The attorney general and the Texas Department of Human
9-20 Services semiannually shall review and renew or modify the
9-21 memorandum as necessary.
9-22 ARTICLE 2. ENFORCEMENT OF CHILD SUPPORT AND MEDICAL
9-23 SUPPORT OBLIGATIONS
9-24 SECTION 2.01. Section 11.03(i), Family Code, is amended to
9-25 read as follows:
9-26 (i) In providing services authorized by Chapter 76, Human
9-27 Resources Code, the attorney general or a private attorney, other
10-1 private entity, or political subdivision contracting with the
10-2 attorney general under Section 76.0011(a), Human Resources Code,
10-3 may bring any child support action authorized under Title 2 <of
10-4 this code>, including an action to modify a court support order and
10-5 an action to enforce a court support order.
10-6 SECTION 2.02. Section 11.181(a), Family Code, is amended to
10-7 read as follows:
10-8 (a) At the conclusion of a Title IV-D case, the court may
10-9 assess attorney fees and all court costs as authorized by law
10-10 against the nonprevailing party, except that the court may not
10-11 assess those amounts against the attorney general or a private
10-12 attorney or political subdivision that has entered into a contract
10-13 under Section 76.0011(a) <76.007(b)>, Human Resources Code, or any
10-14 party to whom the attorney general has provided services under this
10-15 chapter. Such fees and costs shall not exceed reasonable and
10-16 necessary costs as determined by the court.
10-17 SECTION 2.03. Subchapter A, Chapter 14, Family Code, is
10-18 amended by adding Section 14.0611 to read as follows:
10-19 Sec. 14.0611. MAXIMIZING MEDICAL SUPPORT ESTABLISHMENT AND
10-20 COLLECTION BY ATTORNEY GENERAL. (a) On the installation of an
10-21 automated child support enforcement system, the office of the
10-22 attorney general is strongly encouraged to:
10-23 (1) maximize the collection of medical support; and
10-24 (2) establish cash medical support orders for children
10-25 eligible for medical assistance under the state Medicaid program
10-26 for whom private insurance coverage is not available.
10-27 (b) In this section, "medical support" has the meaning
11-1 assigned by Section 14.80.
11-2 SECTION 2.04. Section 14.80(7), Family Code, is amended to
11-3 read as follows:
11-4 (7) "Child support review officer" means an individual
11-5 designated and trained by a child support agency to conduct reviews
11-6 under this subchapter <who has received certified family law
11-7 mediation training>.
11-8 SECTION 2.05. Section 14.802, Family Code, is amended to
11-9 read as follows:
11-10 Sec. 14.802. CHILD SUPPORT REVIEW PROCESS: GENERAL
11-11 PROVISIONS. (a) The purpose of the child support review process
11-12 authorized under this subchapter is to provide child support
11-13 agencies an opportunity to resolve routine child support actions
11-14 through <negotiations and by> the agreement of the parties or
11-15 through agreeing to uncontested orders.
11-16 (b) To the extent permitted by this subchapter, child
11-17 support agencies shall make the child support review process
11-18 understandable to all parties and shall encourage agreements
11-19 <through mediation>.
11-20 <(b) An administrative action under this subchapter may be
11-21 initiated by the issuance of a notice of child support review under
11-22 Section 14.803 of this code by a child support agency.>
11-23 (c) In a child support review under this subchapter, a child
11-24 support agency may issue an administrative subpoena to <a parent, a
11-25 person presumed or alleged to be the father of a child for whom
11-26 support is sought, or> any individual or organization believed to
11-27 have information on the financial resources of a <the> parent or
12-1 presumed or alleged father. A court may compel compliance with an
12-2 administrative subpoena and award attorney's fees and costs to a
12-3 child support agency enforcing an administrative subpoena on proof
12-4 that an individual or organization failed to comply with the
12-5 subpoena without good cause.
12-6 (d) A child support agency may use any information obtained
12-7 by the agency from the parties or from any other source and shall
12-8 apply the child support guidelines in this chapter to <To>
12-9 determine the appropriate amount of child support<, in applying the
12-10 child support guidelines in this code, a child support agency shall
12-11 use any information obtained by the child support agency through a
12-12 notice of child support review or any other source>. If the child
12-13 support agency determines that the support amount in an existing
12-14 child support order is not in substantial compliance with the
12-15 guidelines, the child support agency shall issue an appropriate
12-16 child support review order, including a review order that<,
12-17 notwithstanding Section 14.08 of this code,> has the effect of
12-18 modifying an existing order for child support without the necessity
12-19 of filing a motion to modify.
12-20 (e) A notice required in an administrative action under this
12-21 subchapter must be delivered or served by first class mail or
12-22 certified mail on each party entitled to citation or notice as
12-23 provided under Section 11.09 of this code. This subsection only
12-24 applies to the administrative process and does not apply to the
12-25 notice required to be served on the filing of a child support
12-26 review order or to a subsequent judicial proceeding.
12-27 (f) <If notice is served by mail in an administrative action
13-1 under this subchapter, three days must be added to both the time in
13-2 which the person is required to respond and the time by which the
13-3 person is entitled to notification of a hearing.>
13-4 <(g)> A notice or other form used to implement the child
13-5 support review process shall <must> be printed in both Spanish and
13-6 English. If a party participating in a negotiation conference
13-7 <under Section 14.804 of this code> does not speak English or is
13-8 hearing impaired, the child support agency shall provide for
13-9 interpreter services at no charge to the parties.
13-10 (g) The attorney general shall conduct a study to determine
13-11 and compare the cost of child support enforcement through use of
13-12 the child support review process authorized by this subchapter and
13-13 the cost of child support enforcement by the attorney general
13-14 through use of other enforcement mechanisms available under this
13-15 chapter. The attorney general shall report the results of this
13-16 study to the governor and the legislature not later than September
13-17 1, 1996, and shall include in the report recommendations regarding
13-18 statutory amendments for improving judicial and administrative
13-19 processes for child support enforcement. This subsection expires
13-20 September 2, 1996.
13-21 SECTION 2.06. Section 14.803, Family Code, is amended to
13-22 read as follows:
13-23 Sec. 14.803. NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
13-24 FINANCIAL RESOURCES. (a) A child support agency may initiate an
13-25 administrative action under this subchapter by issuing a notice of
13-26 child support review to each party entitled to notice <and assess
13-27 the financial resources of the child's parents or of a person
14-1 presumed or alleged to be the child's father from whom child
14-2 support is sought to determine the resources that are available for
14-3 the support of the child and to determine what action is
14-4 appropriate. The child support agency shall notify the parents of
14-5 a child and the presumed or alleged father of a child of a child
14-6 support review by delivering to the person a notice of child
14-7 support review>.
14-8 (b) The notice of child support review must:
14-9 (1) describe the procedure for a child support review;
14-10 (2) inform the recipient that the recipient <is not
14-11 required to participate in the child support review and> may be
14-12 represented by legal counsel during the review process or at a
14-13 court hearing;
14-14 (3) inform the recipient that the recipient may refuse
14-15 to participate or cease participation in the child support review
14-16 process, but that the refusal by the recipient to participate will
14-17 not prevent the completion of the process or the filing of a child
14-18 support review order <during any stage of the review but that the
14-19 review will continue to completion and that afterward the recipient
14-20 may request a court hearing>;
14-21 (4) include an affidavit of financial resources; <and>
14-22 (5) include a request that the recipient designate, on
14-23 a form provided by the child support agency, an address for mailing
14-24 any additional notice to the recipient; and
14-25 (6) inform the recipient that<.>
14-26 <(c) In addition to the information required by Subsection
14-27 (b) of this section, the notice of child support review must inform
15-1 the recipient that:>
15-2 <(1) the information requested on the form must be
15-3 returned to the child support agency not later than the 15th day
15-4 after the date the notice is received or delivered; and>
15-5 <(2)> if the requested information is not returned
15-6 before the 15th day after the date notice is received <as
15-7 required>, the child support agency may:
15-8 (A) <may> proceed with the review using the
15-9 information that is available to the agency; and
15-10 (B) <may> file a legal action without further
15-11 notice to the recipient, except as otherwise required by law.
15-12 SECTION 2.07. Section 14.804, Family Code, is amended to
15-13 read as follows:
15-14 Sec. 14.804. NEGOTIATION CONFERENCE. (a) The child support
15-15 agency shall schedule a negotiation conference on the timely
15-16 request made by a party <A person who receives a notice of child
15-17 support review and who completes an affidavit of financial
15-18 resources may request, at the time the affidavit of financial
15-19 resources is returned, a negotiation conference in an effort to
15-20 reach an agreement>. The child support agency may schedule a
15-21 negotiation conference without a request from a <regard to whether
15-22 a conference is requested by any> party. A negotiation conference,
15-23 or any part of a negotiation conference, may be conducted by
15-24 telephone conference call or by video conference as well as in
15-25 person. The negotiation conference may be adjourned for a
15-26 reasonable time to permit mediation of issues that cannot be
15-27 resolved by the parties and the child support agency.
16-1 (b) <A negotiation conference under this section shall be
16-2 held not later than the 45th day after the date all notices of
16-3 child support review have been sent to the parties to the action.>
16-4 <(c)> All parties entitled to notice of the negotiation
16-5 conference shall be notified of the date, time, and place of the
16-6 negotiation conference not later than the 10th day before the date
16-7 of the negotiation conference.
16-8 (c) <(d)> A negotiation conference may be rescheduled or
16-9 adjourned on the request of any party, at the discretion of the
16-10 child support review officer, and all parties must be given timely
16-11 notice of the rescheduling. <All parties shall be sent notice not
16-12 later than the third day before the date of the rescheduled
16-13 negotiation conference.>
16-14 (d) <(e)> At the beginning of the negotiation conference,
16-15 the child support review officer shall review with the <inform all>
16-16 parties participating in the conference information provided in the
16-17 notice of child support review and inform the parties <in
16-18 attendance> that:
16-19 (1) the purpose of the negotiation conference is to
16-20 provide an opportunity <attempt> to reach an agreement on a
16-21 <regarding> child support order <payments>;
16-22 (2) <a party does not have to participate in the
16-23 negotiation conference and may request a court hearing;>
16-24 <(3) a party may be represented by an attorney chosen
16-25 by the party;>
16-26 <(4) the parties may stop participating in the
16-27 negotiation conference at any time but that the child support
17-1 review will continue until completed, and, if a child support
17-2 review order is issued, a party may request a court hearing;>
17-3 <(5)> if the parties reach an agreement, the review
17-4 officer will prepare an agreed review order <for the parties'
17-5 signatures>;
17-6 (3) <(6)> a party does not have to sign a review order
17-7 prepared by the child support review officer; and
17-8 (4) if a child support review order is issued, <(7)
17-9 even though> a party <signs an agreed review order, the party> may
17-10 request a court hearing at any time before the 20th day after the
17-11 date a petition for confirmation of the order is filed <the child
17-12 support review order is confirmed by a court>.
17-13 (e) <(f)> For the purposes of this subchapter, documentary
17-14 evidence relied on by the child support review officer, including
17-15 an <a written> affidavit of a party, together with<, the written
17-16 findings, and> the child support review order is <from a
17-17 negotiation conference are> a sufficient record of the proceedings.
17-18 A child support agency is not required to make any other record or
17-19 transcript of a <the> negotiation conference.
17-20 (f) <(g)> If a negotiation conference results in an
17-21 agreement <by all parties>, the <a> child support review order must
17-22 be signed by each party who agrees to the order, must contain the
17-23 provisions required by Section 14.805, <all parties to the action>
17-24 and, as to each party in agreement with the order, must contain:
17-25 (1) a waiver by the <each> party of the right to
17-26 service <and> of process, <the right to> a <court> hearing, and the
17-27 making of a record on the petition for confirmation;
18-1 (2) the mailing address of the <each> party; and
18-2 (3) the following statement printed on the order in
18-3 boldfaced type or in all capital letters:
18-4 "I KNOW THAT I DO NOT HAVE TO SIGN THIS <AGREED> CHILD
18-5 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO BE
18-6 PERSONALLY SERVED WITH THE PETITION FOR CONFIRMATION OF
18-7 THIS ORDER <HAVE A COURT HEAR EVIDENCE AND MAKE A
18-8 DECISION IN THIS MATTER> BUT IF I SIGN THIS ORDER, I
18-9 LOSE THAT RIGHT. I KNOW THAT I HAVE A RIGHT TO CHANGE
18-10 MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS
18-11 ORDER AND REQUEST THAT A COURT DECIDE THIS MATTER BY
18-12 FILING A REQUEST FOR COURT HEARING AT ANY TIME BEFORE
18-13 THE 20TH DAY AFTER THE DATE THE PETITION FOR
18-14 CONFIRMATION OF THE ORDER IS FILED WITH THE CLERK OF
18-15 THE COURT. I KNOW THAT IF I FAIL TO FILE A REQUEST FOR
18-16 A COURT HEARING A COURT MAY CONFIRM AND APPROVE THIS
18-17 ORDER WITHOUT A HEARING AND THE ORDER WILL BECOME A
18-18 VALID COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE
18-19 TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF
18-20 COURT."
18-21 (g) <(h)> If the negotiation conference does not result in
18-22 agreement by all parties to the <an agreed> child support review
18-23 order, the review officer shall promptly issue and sign a final
18-24 decision in the form of a child support review order or a
18-25 determination that <not later than the fifth day after the date of
18-26 the negotiation conference unless the review officer provides
18-27 specific reasons why> a child support review order should not
19-1 <cannot> be issued.
19-2 (h) If <(i) On the day that a child support review order is
19-3 issued or if> a determination is made that a child support order
19-4 will not be issued, each party to a child support review proceeding
19-5 shall be furnished immediately by hand delivery or by mail <a copy
19-6 of the order or the> notice of the <a> determination that an order
19-7 will not be issued.
19-8 (i) <(j)> A determination <finding by the review officer>
19-9 that a child support review order should <is> not be issued must
19-10 include a statement of the reasons why an order is not being
19-11 issued. The determination <appropriate> does not affect the right
19-12 of the child support agency or a <any other> party to seek any
19-13 other remedy <proceed in any matter> provided by law.
19-14 (j) <(k)> The review officer may vacate a child support
19-15 review order on the officer's own motion at any time before the
19-16 order is filed with the court. A new negotiation conference, with
19-17 notice to all parties, may <shall> be scheduled or the officer may
19-18 make a determination that a child support review order should not
19-19 be issued and give notice of that determination as provided by this
19-20 subchapter <to take place not later than the 10th day after the
19-21 date the child support review order was vacated>.
19-22 SECTION 2.08. Section 14.805, Family Code, is amended to
19-23 read as follows:
19-24 Sec. 14.805. CONTENTS OF CHILD SUPPORT REVIEW ORDER. A
19-25 child support review order <under this subchapter> must contain all
19-26 provisions that are appropriate for an order under this title,
19-27 including<. A child support review order may contain other>
20-1 provisions for the establishment, modification, or enforcement of a
20-2 child support or medical support order, <and> for the establishment
20-3 of paternity, and for a determination of arrearages or retroactive
20-4 support. A child support review order that establishes or modifies
20-5 an amount of previously ordered support must include the findings
20-6 required by Section 14.057. A child support review order that is
20-7 not agreed to by all the parties may specify and reserve for the
20-8 court at the confirmation hearing unresolved issues relating to
20-9 conservatorship or possession of a child. A child support review
20-10 order <providing for the enforcement of an order> may not contain a
20-11 provision that imposes incarceration or a fine or contains a
20-12 finding of contempt.
20-13 SECTION 2.09. Section 14.806, Family Code, is amended to
20-14 read as follows:
20-15 Sec. 14.806. PETITION FOR CONFIRMATION OF CHILD SUPPORT
20-16 REVIEW ORDER; DUTIES OF CLERK OF COURT. (a) The child support
20-17 agency shall file a petition for <of> confirmation with the clerk
20-18 of the court having continuing jurisdiction of the child who is the
20-19 subject of the order. If there is not a court of <that has>
20-20 continuing jurisdiction, the child support agency shall file the
20-21 petition for confirmation with the clerk of a court having
20-22 jurisdiction under this title.
20-23 (b) The petitioner <A petition> for confirmation shall
20-24 <must> include the final child support review order as an
20-25 attachment <and a form for a party to request a court hearing as
20-26 attachments> to the petition. Each affidavit of financial
20-27 resources provided by <for> a party <to the order that was
21-1 completed by the party> and any other documentary evidence relied
21-2 on by the child support agency, including, if applicable, <a
21-3 verified written report of a paternity testing expert concerning
21-4 the results of paternity testing conducted in the case or> a
21-5 statement of paternity or a written report of a paternity testing
21-6 expert, shall be filed with the clerk as exhibits to the petition,
21-7 but are not required to be served on the parties. The petition
21-8 must identify the exhibits that are filed with the clerk.
21-9 (c) On the filing of a petition for confirmation <under this
21-10 section>, the clerk of court shall endorse on the petition the date
21-11 and time that the petition is filed <and sign the endorsement>. If
21-12 the petition is for an original action, the clerk shall endorse the
21-13 appropriate court and cause number on the petition. If the
21-14 petition is to confirm an agreed child support review order under
21-15 this subchapter, the child support agency <clerk> shall mail to
21-16 each party that agreed to the order, at the address shown on the
21-17 order, a copy of the petition with <and written notice of the
21-18 filing of the petition that states> the court, date of filing, and
21-19 cause number of the case. The child support agency shall file a
21-20 certificate of service showing the date of the mailing to each
21-21 party <clerk shall note on the docket that the notice was mailed>.
21-22 The <If the petition is to confirm an order other than an agreed
21-23 order, the> clerk shall issue service of citation, including a copy
21-24 of the petition and the child support review order, to each party
21-25 entitled to service who has not waived service.
21-26 (d) A clerk of a district court is entitled to collect a fee
21-27 for:
22-1 (1) the filing of a petition under this section as
22-2 provided by Section 51.317(b)(1), Government Code;
22-3 (2) the issuance of notice or process as provided by
22-4 Section 51.317(b)(4), Government Code; and
22-5 (3) service of process <notice or citation> as
22-6 provided by Section 51.319(4), Government Code, or as otherwise
22-7 provided by law.
22-8 (e) The <In addition to attaching a copy of a form to
22-9 request a court hearing to a party's copy of the petition for
22-10 confirmation of a child support review order, the> child support
22-11 agency shall make available to the clerk of court and to a party to
22-12 the child support review proceeding on the party's request a form
22-13 to request a court hearing. The clerk shall furnish the form to a
22-14 party to a proceeding under this section on the request of the
22-15 party. A court shall consider any responsive pleading <filed under
22-16 this section> that is intended as an objection to confirmation of a
22-17 child support review order, including a general denial, as a
22-18 request for a court hearing.
22-19 SECTION 2.10. Section 14.807, Family Code, is amended to
22-20 read as follows:
22-21 Sec. 14.807. CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
22-22 (a) <The court shall refer a proceeding that results from a child
22-23 support review to a master appointed under this subchapter. If a
22-24 master is not appointed, the judge of the court shall preside over
22-25 the proceedings.>
22-26 <(b)> Not later than the 30th day after the date a petition
22-27 for confirmation of a <an agreed> child support review order that
23-1 includes waivers by all parties is filed, the court shall confirm
23-2 the terms and provisions of the order by signing a confirmation
23-3 order unless a request for a court hearing is timely filed <or the
23-4 court sets a hearing as provided by Subsection (d) of this
23-5 section>.
23-6 (b) <(c)> Not later than the 30th day after the date of
23-7 service on the last party to be served with citation of a petition
23-8 for confirmation for a child support review order that does not
23-9 include waivers by all parties <other than an agreed child support
23-10 review order>, the court shall confirm the terms and provisions of
23-11 the order by signing a confirmation order unless a request for a
23-12 court hearing is timely filed <or the court sets a hearing as
23-13 provided by Subsection (d) of this section>.
23-14 (c) <(d) If the court finds that confirmation of a child
23-15 support review order without a hearing would not be in the best
23-16 interests of a child who is the subject of the order, the court may
23-17 stay confirmation of the order and schedule a hearing. The order
23-18 setting the hearing on the confirmation of the order must state the
23-19 court's specific reasons for conducting the hearing.>
23-20 <(e)> A party may file a request for a court hearing not
23-21 later than the 20th day after the date the petition for
23-22 confirmation of a child support review order is served or mailed as
23-23 provided by this subchapter <an agreed administrative order is
23-24 filed or not later than the Monday following the 20th day after the
23-25 date the party received service of citation in a case involving the
23-26 confirmation of any other type of order>.
23-27 (d) A party that <(f) On the> timely files <filing of> a
24-1 request for a court hearing<, all issues in the child support
24-2 review order> shall receive <be heard in> a de novo hearing before
24-3 the court. The petition for confirmation and the child support
24-4 review order constitute a sufficient pleading by the child support
24-5 agency <for relief on any issue addressed in the petition and
24-6 order>. The request for hearing may limit the scope of the de novo
24-7 hearing by specifying the issues that are in dispute.
24-8 (e) <(g)> A court shall hold a hearing on the confirmation
24-9 of a child support review order not later than the 30th day after
24-10 the date the last <court determines that a hearing should be held
24-11 or a> party to be served files a timely request for a court
24-12 hearing.
24-13 (f) <(h)> After the hearing on the confirmation of a child
24-14 support review order, the court shall:
24-15 (1) if the court finds that the order should be
24-16 confirmed, immediately sign a confirmation order and enter the
24-17 order as an order of the court;
24-18 (2) if the court finds that the relief granted in the
24-19 child support review order is inappropriate, sign an appropriate
24-20 order at the conclusion of the hearing or as soon after the
24-21 conclusion of the hearing as is practical and enter the order as an
24-22 order of the court; or
24-23 (3) if the court finds that all relief should be
24-24 denied, enter an order that denies relief and includes specific
24-25 findings explaining the reasons that relief is denied.
24-26 (g) <(i)> On the signing of a confirmation order by the
24-27 judge of the court, the child support review order becomes a final
25-1 order <judgment> of the court.
25-2 SECTION 2.11. Section 14.808, Family Code, is amended to
25-3 read as follows:
25-4 Sec. 14.808. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
25-5 RELATING TO ESTABLISHMENT OF PARENTAGE <PATERNITY>. (a) If the
25-6 parentage <paternity> of a child has not been established <by court
25-7 order>, the notice of child support review served on the parties
25-8 must include an allegation that the recipient <alleged father> is a
25-9 <the> biological parent <father> of the child. The notice shall
25-10 inform the parties that the alleged father of the child may sign a
25-11 statement of paternity and that any party may request that
25-12 scientifically accepted parentage <paternity> testing be conducted
25-13 to assist in determining the identities of <whether the alleged
25-14 father is> the child's parents <father>.
25-15 (b) A negotiation conference shall be conducted to resolve
25-16 any issues of support in an action in which all parties agree as to
25-17 <that the alleged father is> the child's parentage <biological
25-18 father>.
25-19 (c) If a party denies parentage <that the alleged father is
25-20 the child's biological father or, in the case of a presumed father,
25-21 if either party files a verified denial of paternity>, the child
25-22 support agency may schedule parentage <paternity> testing. If
25-23 either party fails or refuses to participate in administrative
25-24 parentage testing, the child support agency may file a child
25-25 support review order with a request for court-ordered parentage
25-26 testing. The court shall follow the procedures and may impose the
25-27 sanctions provided by Chapter 13 to obtain compliance with the
26-1 parentage testing order. The court shall confirm the child support
26-2 review order as a temporary or final order of the court only after
26-3 an opportunity for parentage testing has been provided.
26-4 (d) If parentage <paternity> testing does not exclude the
26-5 alleged parent and <father from being the child's father and a
26-6 party continues to deny that the alleged father is the child's
26-7 biological father, the child support agency may schedule a
26-8 negotiation conference as provided by this subchapter. If> the
26-9 results of a verified written report of a parentage <paternity>
26-10 testing expert meet the requirements of Section 13.04 of this code
26-11 for issuing a temporary order, the child support agency may issue a
26-12 child support review order.
26-13 (e) If the results of parentage <paternity> testing exclude
26-14 an <the> alleged parent <or presumed father> from being the
26-15 biological parent <father> of the child, the child support agency
26-16 shall issue a child support review order that declares that the
26-17 excluded person <alleged or presumed father> is not a parent <the
26-18 father> of the child. Any party may file a petition for
26-19 confirmation of a child support review order issued under this
26-20 subsection.
26-21 ARTICLE 3. INTERAGENCY COOPERATION AND STUDIES
26-22 SECTION 3.01. WORKING GROUP ON CHILD SUPPORT ENFORCEMENT.
26-23 (a) The governor, in cooperation with the attorney general, shall
26-24 establish a working group to develop strategies to:
26-25 (1) maximize federal assistance for county-based child
26-26 support collection efforts;
26-27 (2) reduce the state's child support enforcement
27-1 caseload relating to individuals who do not receive Aid to Families
27-2 with Dependent Children; and
27-3 (3) replace the existing state child support
27-4 enforcement application system with an automatic enforcement system
27-5 that does not require an applicant to file a complaint.
27-6 (b) The working group shall include county, state, and
27-7 federal officials involved in child support collections and
27-8 enforcement.
27-9 (c) The office of the attorney general shall coordinate the
27-10 activities of the working group.
27-11 (d) The working group established by this Act shall report
27-12 its findings and recommendations to the governor, the attorney
27-13 general, and the legislature not later than September 1, 1996.
27-14 SECTION 3.02. AGREEMENT FOR CASH INCENTIVES FOR MEDICAL
27-15 ASSISTANCE. (a) The attorney general and the Texas Department of
27-16 Health shall negotiate an agreement regarding the payment by the
27-17 department of a cash incentive to the office of the attorney
27-18 general for each child eligible for medical assistance under the
27-19 state Medicaid program that the office of the attorney general
27-20 causes to be enrolled in a private health insurance plan.
27-21 (b) The attorney general and the Texas Department of Health
27-22 shall report to the legislature the results of negotiations
27-23 conducted under this section not later than October 1, 1996.
27-24 SECTION 3.03. LEGISLATIVE STUDY ON MEDICAL SUPPORT. (a)
27-25 The legislature shall initiate a study regarding:
27-26 (1) establishment of a health insurance purchasing
27-27 alliance to purchase insurance coverage for children for whom a
28-1 child support obligation is established or enforced under Title IV
28-2 of the federal Social Security Act (42 U.S.C. Section 651 et seq.);
28-3 and
28-4 (2) legislative action necessary to conform state law
28-5 to the requirements of the Omnibus Budget Reconciliation Act of
28-6 1993 (Pub.L. No. 103-66) relating to medical support.
28-7 (b) Not later than October 1, 1996, the legislature shall
28-8 prepare a report summarizing the results of the study required by
28-9 this section and shall deliver the report to the:
28-10 (1) governor;
28-11 (2) lieutenant governor;
28-12 (3) speaker of the house of representatives;
28-13 (4) attorney general; and
28-14 (5) commissioner of health and human services.
28-15 (c) In this section, "medical support" has the meaning
28-16 assigned by Section 14.80, Family Code.
28-17 ARTICLE 4. EFFECTIVE DATE AND TRANSITION PROVISIONS; EMERGENCY
28-18 SECTION 4.01. This Act takes effect September 1, 1995.
28-19 SECTION 4.02. Not later than December 1, 1996, the attorney
28-20 general shall report to the legislature an estimate of the cost
28-21 savings to the state resulting from the expansion of the
28-22 privatization of child support enforcement services.
28-23 SECTION 4.03. (a) The office of the attorney general, in
28-24 conjunction with the Texas Department of Human Services, shall
28-25 develop and implement a plan to assign one or more child support
28-26 enforcement officers to work with department eligibility workers in
28-27 department offices or facilities that are located in the same
29-1 geographic region as offices or facilities of the attorney
29-2 general. The plan shall:
29-3 (1) include a schedule for implementation; and
29-4 (2) provide that the office of the attorney general
29-5 may make a work assignment under this subsection only if the
29-6 anticipated increased collection of child support for public
29-7 assistance cases is greater than the cost of placing an enforcement
29-8 officer in a department office or facility.
29-9 (b) Not later than October 1, 1995, the attorney general
29-10 shall complete the plan required by this section and send a copy of
29-11 the completed plan to the governor, the lieutenant governor, and
29-12 the speaker of the house of representatives.
29-13 (c) The attorney general and the Texas Department of Human
29-14 Services shall prepare the initial memorandum of understanding
29-15 required by Section 76.012, Human Resources Code, as added by this
29-16 Act, not later than December 1, 1995.
29-17 SECTION 4.04. The change in law made to Subchapter D,
29-18 Chapter 14, Family Code, as amended by this Act, applies only to a
29-19 child support review for which notice is given on or after the
29-20 effective date of this Act. A child support review for which
29-21 notice is given before that date is governed by the law in effect
29-22 at the time notice was given, and the former law is continued in
29-23 effect for that purpose.
29-24 SECTION 4.05. (a) Section 3.01 of this Act expires on
29-25 September 2, 1996.
29-26 (b) Sections 3.02 and 3.03 of this Act expire January 1,
29-27 1997.
30-1 SECTION 4.06. The importance of this legislation and the
30-2 crowded condition of the calendars in both houses create an
30-3 emergency and an imperative public necessity that the
30-4 constitutional rule requiring bills to be read on three several
30-5 days in each house be suspended, and this rule is hereby suspended.