By Harris S.B. No. 797
74R5157 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of the Texas Family Support Agency
1-3 and the administration of a statewide plan for child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 5, Family Code, is amended by
1-6 adding Chapter 232 to read as follows:
1-7 CHAPTER 232. FAMILY SUPPORT SERVICES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 232.001. DEFINITIONS. In this chapter:
1-10 (1) "Agency" means the Texas Family Support Agency.
1-11 (2) "Director" means the director of the Texas Family
1-12 Support Agency.
1-13 Sec. 232.002. AGENCY ESTABLISHED. The Texas Family Support
1-14 Agency is established.
1-15 Sec. 232.003. DIRECTOR; STAFF. The agency consists of the
1-16 director, the agency's administrative staff, and other employees
1-17 necessary to efficiently carry out the purposes of this chapter and
1-18 Chapter 231.
1-19 Sec. 232.004. POWERS AND DUTIES. The agency is the state
1-20 agency with primary responsibility for providing services to
1-21 encourage parental responsibility and support for children,
1-22 including the:
1-23 (1) development and delivery of parental education
1-24 programs designed to strengthen or instill in parents an
2-1 understanding and willingness to provide for children's emotional
2-2 and financial support;
2-3 (2) development of programs that promote the use of
2-4 alternate dispute resolution centers and mediation services to
2-5 resolve disputes between parents or other persons having a
2-6 court-ordered relationship with a child;
2-7 (3) enforcement of orders for possession of or access
2-8 to a child; and
2-9 (4) establishment of paternity and establishment or
2-10 enforcement of a child support or medical support order as provided
2-11 by this chapter or Chapter 231.
2-12 Sec. 232.005. DESIGNATION TO COOPERATE WITH FEDERAL
2-13 GOVERNMENT. (a) The agency is the state agency designated to
2-14 cooperate with the federal government in administering programs
2-15 under Part D of Title IV of the Social Security Act, as amended (42
2-16 U.S.C. Sections 651 et seq.), and other programs and activities
2-17 providing for child support enforcement or the enforcement of
2-18 possession of or access to children that may be authorized by law
2-19 or regulation within the limits of appropriated money.
2-20 (b) If the agency determines that a provision of state law
2-21 affecting the agency's programs conflicts with a provision of
2-22 federal law or that state law is insufficient to comply with the
2-23 requirements of federal law or regulation, the agency may adopt
2-24 policies and rules necessary to allow the state to receive and
2-25 spend federal matching money to the extent possible under federal
2-26 law, this title, and the state constitution, within the limits of
2-27 appropriated money.
3-1 Sec. 232.006. APPLICATION OF SUNSET ACT. The Texas Family
3-2 Support Agency is subject to Chapter 325, Government Code (Texas
3-3 Sunset Act). Unless continued in existence as provided by that
3-4 chapter, the agency is abolished and this chapter and Chapter 231
3-5 expire September 1, 2003.
3-6 Sec. 232.007. ADMINISTRATIVE PROCEDURE. Except as provided
3-7 by Section 231.429, the agency is subject to the administrative
3-8 procedures law, Chapter 2001, Government Code.
3-9 (Sections 232.008-232.100 reserved for expansion
3-10 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
3-11 Sec. 232.101. APPOINTMENT OF DIRECTOR. (a) The director is
3-12 appointed by the governor subject to confirmation by the senate.
3-13 (b) The director serves a two-year term that expires on
3-14 February 1 of each odd-numbered year. The director may serve
3-15 consecutive terms.
3-16 (c) The governor may remove the director for good cause.
3-17 Sec. 232.102. RESTRICTIONS ON APPOINTMENT. (a) A person is
3-18 not eligible for appointment as director if the person or the
3-19 person's spouse:
3-20 (1) is employed by or participates in the management
3-21 of a business entity or other organization regulated by the agency
3-22 or receiving funds from the agency;
3-23 (2) owns or controls, directly or indirectly, more
3-24 than a 10 percent interest in a business entity or other
3-25 organization regulated by the agency or receiving funds from the
3-26 agency; or
3-27 (3) uses or receives a substantial amount of tangible
4-1 goods, services, or funds from the agency, other than compensation
4-2 or reimbursement authorized by law for expenses incurred as
4-3 director.
4-4 (b) A person may not serve as director or act as the general
4-5 counsel to the agency if the person is required to register as a
4-6 lobbyist under Chapter 305, Government Code, because of the
4-7 person's activities for compensation in an activity related to the
4-8 operation of the agency.
4-9 Sec. 232.103. RULES. (a) The director may adopt rules to:
4-10 (1) ensure the agency's compliance with state and
4-11 federal law; and
4-12 (2) govern the implementation of agency services.
4-13 (b) The director shall adopt fees in amounts that are
4-14 reasonable and necessary to administer this chapter.
4-15 Sec. 232.104. ANNUAL FISCAL REPORT. The agency shall
4-16 prepare annually a complete and detailed written report accounting
4-17 for all funds received and disbursed by the agency during the
4-18 preceding fiscal year. The annual report must meet the reporting
4-19 requirements applicable to financial reporting provided in the
4-20 General Appropriations Act.
4-21 Sec. 232.105. PERSONNEL POLICIES. (a) The director or the
4-22 director's designee shall develop an intra-agency career ladder
4-23 program that addresses opportunities for mobility and advancement
4-24 for employees within the agency. The program shall require
4-25 intra-agency posting of all positions concurrently with any public
4-26 posting.
4-27 (b) The director or the director's designee shall develop a
5-1 system of annual performance evaluations that are based on
5-2 documented employee performance. All merit pay for agency
5-3 employees must be based on the system established under this
5-4 subsection.
5-5 Sec. 232.106. PUBLIC INTEREST INFORMATION. (a) The agency
5-6 shall prepare information of public interest describing the
5-7 functions of the agency and the procedures by which complaints are
5-8 filed with and resolved by the agency. The agency shall make the
5-9 information available to the public and appropriate state agencies.
5-10 (b) The agency by rule shall establish methods by which
5-11 consumers and service recipients are notified of the name, mailing
5-12 address, and telephone number of the agency for the purpose of
5-13 directing complaints to the agency. The agency may provide for
5-14 that notification on each registration form, application, or
5-15 written contract for services under this chapter.
5-16 Sec. 232.107. AGENCY FUNDS. All money paid to the agency
5-17 under this chapter is subject to Subchapter F, Chapter 404,
5-18 Government Code.
5-19 Sec. 232.108. COMPLAINTS. (a) The agency shall keep
5-20 information about each complaint filed with the agency. The
5-21 information shall include:
5-22 (1) the date the complaint is received;
5-23 (2) the name of the complainant;
5-24 (3) the subject matter of the complaint;
5-25 (4) a record of all persons contacted in relation to
5-26 the complaint;
5-27 (5) a summary of the results of the review or
6-1 investigation of the complaint; and
6-2 (6) for complaints for which the agency did not take
6-3 action, an explanation of the reason the complaint was closed
6-4 without action.
6-5 (b) The agency shall keep a file about each written
6-6 complaint filed with the agency that the agency has authority to
6-7 resolve. The agency shall provide to the person filing the
6-8 complaint and the persons or entities complained about the agency's
6-9 policies and procedures pertaining to complaint investigation and
6-10 resolution. The agency, at least quarterly and until final
6-11 disposition of the complaint, shall notify the person filing the
6-12 complaint and the persons or entities complained about of the
6-13 status of the complaint unless the notice would jeopardize an
6-14 undercover investigation.
6-15 Sec. 232.109. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
6-16 director or the director's designee shall prepare and maintain a
6-17 written policy statement to assure implementation of a program of
6-18 equal employment opportunity under which all personnel transactions
6-19 are made without regard to race, color, disability, sex, religion,
6-20 age, or national origin. The policy statement must include:
6-21 (1) personnel policies, including policies relating to
6-22 recruitment, evaluation, selection, appointment, training, and
6-23 promotion of personnel that are in compliance with the requirements
6-24 of Chapter 21, Labor Code;
6-25 (2) a comprehensive analysis of the agency workforce
6-26 that meets federal and state guidelines;
6-27 (3) procedures by which a determination can be made
7-1 about the extent of underuse in the agency workforce of all persons
7-2 for whom federal or state guidelines encourage a more equitable
7-3 balance; and
7-4 (4) reasonable methods to appropriately address those
7-5 areas of underuse.
7-6 (b) A policy statement prepared under Subsection (a) must
7-7 cover an annual period, be updated annually and reviewed by the
7-8 Commission on Human Rights for compliance with Subsection (a)(1),
7-9 and be filed with the governor's office.
7-10 (c) The governor's office shall deliver a biennial report to
7-11 the legislature based on the information received under Subsection
7-12 (b). The report may be made separately or as a part of other
7-13 biennial reports made to the legislature.
7-14 Sec. 232.110. STANDARDS OF CONDUCT. The director or the
7-15 director's designee shall provide to agency employees, as often as
7-16 necessary, information regarding their qualification for employment
7-17 under this chapter and their responsibilities under applicable laws
7-18 relating to standards of conduct for state employees.
7-19 Sec. 232.111. PUBLIC ACCESS. (a) The agency shall develop
7-20 and implement policies that provide the public with a reasonable
7-21 opportunity to appear before the agency and to speak on any issue
7-22 under the jurisdiction of the agency.
7-23 (b) The agency shall comply with federal and state laws
7-24 related to program and facility accessibility. The director shall
7-25 also prepare and maintain a written plan that describes how a
7-26 person who does not speak English can be provided reasonable access
7-27 to the agency's programs and services.
8-1 Sec. 232.112. AGENCY DIVISIONS. (a) The director may
8-2 establish divisions within the agency as necessary for efficient
8-3 administration and for the discharge of the agency's functions.
8-4 (b) The director may allocate and reallocate functions,
8-5 programs, and activities among the agency's divisions.
8-6 Sec. 232.113. PERSONNEL. The director may employ personnel,
8-7 who serve at the pleasure of the director, necessary to administer
8-8 the agency's duties.
8-9 (Sections 232.114-232.200 reserved for expansion
8-10 SUBCHAPTER C. GENERAL FUNCTIONS OF AGENCY
8-11 Sec. 232.201. STRATEGIC PLAN. (a) The agency shall develop
8-12 a strategic plan identifying alternatives for the delivery of
8-13 family support services.
8-14 (b) The agency shall develop the plan in cooperation with
8-15 domestic relations offices, district clerks, the judiciary, private
8-16 child support collection agencies, and other interested parties.
8-17 (c) At a minimum, the plan should consider:
8-18 (1) the development and implementation of
8-19 self-starting child support monitoring and enforcement mechanisms
8-20 financed by money from user fees, state and federal money, or a
8-21 combination of those sources;
8-22 (2) alternatives for delivery of services that use
8-23 competitive procurement to achieve more cost-effective results;
8-24 (3) coordination of services with local public child
8-25 support agencies, including domestic relations offices and district
8-26 clerks;
8-27 (4) the development and implementation of parental
9-1 education programs to encourage parental emotional and financial
9-2 support for children after divorce, separation, or the
9-3 establishment of paternity;
9-4 (5) the expansion of in-hospital paternity
9-5 establishment programs to all hospital and birthing centers in this
9-6 state;
9-7 (6) the expansion of the employer new hire reporting
9-8 program under Section 231.304 to maximize participation by
9-9 employers in this state;
9-10 (7) the development and implementation of programs to
9-11 promote the use of alternate dispute resolution and mediation to
9-12 resolve disputes regarding child support and possession of or
9-13 access to a child between parents or others having a court-ordered
9-14 relationship with the child; and
9-15 (8) the development of programs to provide a mechanism
9-16 for the enforcement of orders for possession of or access to a
9-17 child.
9-18 (d) This chapter may not be construed as requiring the
9-19 agency to implement any program or alternative for which funds are
9-20 not appropriated.
9-21 Sec. 232.202. DUTY TO PERFORM OTHER FUNCTIONS. The agency
9-22 shall perform other functions as required by law.
9-23 Sec. 232.203. USE AND TRANSFER OF FUNDS. (a) The agency
9-24 may accept, spend, and transfer federal and state funds
9-25 appropriated for programs authorized by federal or state law,
9-26 including this chapter and Chapter 231.
9-27 (b) The agency may accept money from a county, municipality,
10-1 public or private agency, or any other source as a gift or
10-2 otherwise. The agency shall deposit money received under this
10-3 subsection in a special fund in the state treasury.
10-4 (c) The agency may spend money deposited in the special fund
10-5 under Subsection (b) for the administration of this chapter or
10-6 Chapter 231, subject to the General Appropriations Act.
10-7 (d) Sections 403.094 and 403.095, Government Code, do not
10-8 apply to a fund described by this section.
10-9 Sec. 232.204. CONTRACTS AND AGREEMENTS. (a) The agency may
10-10 enter into contracts or agreements as necessary with federal,
10-11 state, or other public or private agencies or individuals to aid in
10-12 the performance of any of the agency's powers or duties.
10-13 (b) An agreement or contract between the agency and another
10-14 state agency under this section is not subject to Chapter 741 or
10-15 783, Government Code.
10-16 Sec. 232.205. FEES FOR SERVICES. The agency may charge
10-17 appropriate fees in administering and delivering services under
10-18 agency programs.
10-19 Sec. 232.206. IMMUNITY OF VOLUNTEERS. (a) An authorized
10-20 agency volunteer performing assigned duties or responsibilities is
10-21 immune from civil liability for any act or omission resulting in
10-22 death, damage, or injury if the person was acting in good faith and
10-23 in the course and scope of assigned responsibilities or duties.
10-24 (b) In this section, "volunteer" means a person who provides
10-25 services for or on behalf of the agency under the supervision of an
10-26 employee of the agency and who does not receive compensation in
10-27 excess of authorized expenses incurred by the person.
11-1 Sec. 232.207. LEGAL REPRESENTATION. Attorneys employed or
11-2 otherwise retained by the agency may represent the interests of the
11-3 state in any legal action brought under this chapter or Chapter
11-4 231.
11-5 SECTION 2. Section 231.001, Family Code, is amended to read
11-6 as follows:
11-7 Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY. The Texas
11-8 Family Support Agency <office of the attorney general> is
11-9 designated as the state's Title IV-D agency.
11-10 SECTION 3. Section 231.008, Family Code, is amended to read
11-11 as follows:
11-12 Sec. 231.008. DISPOSITION OF FUNDS. (a) The Title IV-D
11-13 agency shall deposit all money received under this chapter
11-14 <assignments or as fees> in a special fund in the state treasury.
11-15 The agency may spend money in the fund for the administration of
11-16 this chapter, subject to the General Appropriations Act.
11-17 (b) <All other money received under this chapter shall be
11-18 deposited in a special fund in the state treasury.>
11-19 <(c)> Sections 403.094 and 403.095, Government Code, do not
11-20 apply to a fund described by this section.
11-21 SECTION 4. All references to the attorney general in the
11-22 context of providing child support services, including Chapter 192,
11-23 Health and Safety Code, are references to the designated Title IV-D
11-24 agency under Section 231.001, Family Code.
11-25 SECTION 5. This Act takes effect only if the 74th
11-26 Legislature, at its regular session, enacts House Bill 655 and that
11-27 bill becomes law. If that legislation does not become law, this
12-1 Act has no effect.
12-2 SECTION 6. (a) The attorney general and the Texas Family
12-3 Support Agency shall cooperate for an effective and efficient
12-4 transfer of the Title IV-D child support enforcement program.
12-5 (b) On the effective date of this Act, the attorney general
12-6 shall transfer to the Texas Family Support Agency all furniture,
12-7 equipment, computer software, automated data processing and
12-8 computer equipment, supplies, and all other property that has been
12-9 purchased or leased with money, including state general revenue or
12-10 federal money appropriated to the attorney general for operation of
12-11 the Title IV-D child support enforcement program.
12-12 (c) On the effective date of this Act, all personnel
12-13 employed in a classified position by the attorney general in the
12-14 child support enforcement division are transferred to the Texas
12-15 Family Support Agency. The Texas Family Support Agency may agree
12-16 to accept for transfer other personnel employed in an exempt
12-17 position if the director of the agency determines the transfer is
12-18 necessary for the operation of the agency. The director of the
12-19 Texas Family Support Agency may agree to accept as agency employees
12-20 any other personnel who supply support services to the attorney
12-21 general's child support enforcement division but who are not
12-22 directly assigned to that division.
12-23 (d) The attorney general and the Texas Family Support Agency
12-24 shall enter into a contract to ensure compliance with the
12-25 obligations of the attorney general regarding leased equipment,
12-26 property, or facilities that are transferred to the Texas Family
12-27 Support Agency.
13-1 (e) The attorney general and the Texas Family Support Agency
13-2 may enter into a contract under which the attorney general
13-3 continues to provide support services to the Texas Family Support
13-4 Agency.
13-5 SECTION 7. This Act takes effect September 1, 1995.
13-6 SECTION 8. The importance of this legislation and the
13-7 crowded condition of the calendars in both houses create an
13-8 emergency and an imperative public necessity that the
13-9 constitutional rule requiring bills to be read on three several
13-10 days in each house be suspended, and this rule is hereby suspended.