1-1 By: Henderson S.B. No. 1585
1-2 (In the Senate - Filed March 13, 1995; March 22, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 26, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 26, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Harris County Child Support Department.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 152.1074, Human Resources Code, is
1-11 amended by amending Subsections (a), (c), (d), and (e) and by
1-12 adding Subsection (k) to read as follows:
1-13 (a) The Harris County Commissioners Court may create a child
1-14 support department to receive, disburse, and record payments of
1-15 restitution and child and spousal support made to the department
1-16 under a court order or may designate by order a county officer to
1-17 create a child support office within the officer's department to
1-18 receive, disburse, and record payments of restitution and child and
1-19 spousal support made to the office under a court order. The
1-20 commissioners court may rescind the order designating the officer
1-21 at any time.
1-22 (c) If the commissioners court creates a child support
1-23 department, the <The> commissioners court shall appoint a <the>
1-24 director to serve <of the child support department. The director
1-25 serves> at the pleasure of the commissioners court. The director
1-26 may hire additional employees subject to the approval of the
1-27 commissioners court. The director must execute a bond with a
1-28 solvent surety company authorized to execute bonds of this type in
1-29 the state. The bond shall be payable to the county judge and
1-30 conditioned on the director's faithful performance of his duties
1-31 and on the director properly accounting for any funds entrusted to
1-32 him. The commissioners court shall set the amount of the bond and
1-33 shall pay the premium for the bond out of the general funds of the
1-34 county.
1-35 (d) The director or the director's agent or the county
1-36 officer designated to create an office of child support within the
1-37 county officer's department or the county officer's agent shall
1-38 receive <receives> the payments made under this section. The
1-39 director or the director's agent or the county officer designated
1-40 to create an office of child support within the county officer's
1-41 department or the county officer's agent shall disburse the funds
1-42 in the manner the district court determines to be in the best
1-43 interests of the parties involved in the case and in accordance
1-44 with departmental policies as approved by the commissioners court.
1-45 (e) The director or the county officer designated to create
1-46 an office of child support within the county officer's department
1-47 or the county officer's agent shall keep an accurate and complete
1-48 record of all receipts and disbursements of funds under this
1-49 section. The county auditor shall inspect the <director's> record,
1-50 audit the accounts annually, and make a report of the auditor's
1-51 findings and recommendations to the commissioners court.
1-52 (k) If the commissioners court designates a county officer
1-53 to create an office of child support within the county officer's
1-54 department, the county officer shall serve as the director of the
1-55 child support department. The county officer may hire additional
1-56 employees subject to the approval of the commissioners court. The
1-57 county officer must execute a bond with a solvent surety company
1-58 authorized to execute bonds of this type in this state. The bond
1-59 shall be payable to the county judge and conditioned on the county
1-60 officer's faithful performance of the duties entrusted to him under
1-61 this section and on the county officer's properly accounting for
1-62 any funds entrusted to him. The commissioners court shall set the
1-63 amount of the bond and shall pay the premium for the bond out of
1-64 the general funds of the county.
1-65 SECTION 2. The importance of this legislation and the
1-66 crowded condition of the calendars in both houses create an
1-67 emergency and an imperative public necessity that the
1-68 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force from and after its
2-3 passage, and it is so enacted.
2-4 * * * * *