By: Harris S.B. No. 1625
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain licenses for failure to pay child support.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 14, Family Code, is amended by adding
1-4 Subchapter C to read as follows:
1-5 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE
1-6 TO PAY CHILD SUPPORT
1-7 Sec. 14.601. DEFINITIONS. In this subchapter:
1-8 (1) "Child support agency" means:
1-9 (A) the Title IV-D agency;
1-10 (B) a county or district attorney or other
1-11 county officer or agency that executes a cooperative agreement with
1-12 the Title IV-D agency to provide child support services under Part
1-13 D of Title IV of the federal Social Security Act (42 U.S.C. Section
1-14 651 et seq.), and Chapter 76, Human Resources Code; or
1-15 (C) a domestic relations office.
1-16 (2) "License" means a license, certificate,
1-17 registration, permit or other authorization, issued by a licensing
1-18 authority and subject to suspension, revocation, forfeiture or
1-19 termination by the licensing authority prior to its date of
1-20 expiration that a person must obtain to engage in hunting, fishing
1-21 or other recreational activity for which a license or permit is
1-22 required.
1-23 (3) "Licensing authority" means a department,
2-1 commission, board, office, or other agency of the state or of a
2-2 municipality or a political subdivision of the state that issues a
2-3 license.
2-4 (4) "Order suspending license" means an order issued
2-5 by the Title IV-D agency or a court directing a licensing authority
2-6 to suspend a license.
2-7 (5) "Title IV-D agency" means the state agency
2-8 designated under Chapter 76, Human Resources Code, to provide
2-9 services under the federal Social Security Act (42 U.S.C. Section
2-10 651 et. seq.).
2-11 (6) "Title IV-D case" means an action in which
2-12 services are being provided by the IV-D agency pursuant to Title
2-13 IV, Part D of the federal Social Security Act (42 U.S.C. Section
2-14 651 et seq.) seeking the location of an absent parent,
2-15 determination of parentage, or to establish, modify or enforce a
2-16 child support obligation, filed in a court, administrative agency,
2-17 or quasi-judicial entity of this or another state.
2-18 Sec. 14.602. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
2-19 The following state agencies are licensing authorities subject to
2-20 this subchapter:
2-21 (1) Department of Agriculture;
2-22 (2) Texas Commission on Alcohol and Drug Abuse;
2-23 (3) Texas Alcoholic Beverage Commission;
2-24 (4) Texas Appraiser Licensing and Certification Board;
2-25 (5) Texas Board of Architectural Examiners;
3-1 (6) State Board of Barber Examiners;
3-2 (7) Texas Board of Chiropractic Examiners;
3-3 (8) Comptroller of Public Accounts;
3-4 (9) Texas Cosmetology Commission;
3-5 (10) Court Reporters Certification Board;
3-6 (11) State Board of Dental Examiners, if the 74th
3-7 Legislature, at its regular session, enacts legislation that
3-8 becomes law authorizing a state agency to regulate the practice of
3-9 dentistry;
3-10 (12) Texas State Board of Examiners of Dietitians;
3-11 (13) Texas Funeral Service Commission;
3-12 (14) Texas Department of Health;
3-13 (15) Texas Board of Professional Land Surveying;
3-14 (16) Texas Department of Licensing and Regulation;
3-15 (17) Texas State Board of Examiners of Marriage and
3-16 Family Therapists;
3-17 (18) Texas State Board of Medical Examiners;
3-18 (19) Midwifery Board;
3-19 (20) Texas Natural Resource Conservation Commission;
3-20 (21) Board of Nurse Examiners;
3-21 (22) Texas Board of Nursing Facility Administrators;
3-22 (23) Texas Board of Occupational Therapy Examiners;
3-23 (24) Texas Optometry Board;
3-24 (25) Parks and Wildlife Department;
3-25 (26) Texas State Board of Examiners of Perfusionists;
4-1 (27) Texas State Board of Pharmacy;
4-2 (28) Texas Board of Physical Therapy Examiners;
4-3 (29) Texas State Board of Plumbing Examiners;
4-4 (30) Texas State Board of Podiatry Examiners;
4-5 (31) Polygraph Examiners Board;
4-6 (32) Texas Board of Private Investigators and Private
4-7 Security Agencies;
4-8 (33) Texas State Board of Examiners of Professional
4-9 Counselors;
4-10 (34) State Board of Registration for Professional
4-11 Engineers;
4-12 (35) Department of Protective and Regulatory Services;
4-13 (36) Texas State Board of Examiners of Psychologists;
4-14 (37) Texas State Board of Public Accountancy;
4-15 (38) Department of Public Safety of the State of
4-16 Texas;
4-17 (39) Public Utility Commission of Texas;
4-18 (40) Railroad Commission of Texas;
4-19 (41) Texas Real Estate Commission;
4-20 (42) State Securities Board;
4-21 (43) Texas State Board of Social Worker Examiners;
4-22 (44) State Board of Examiners for Speech-Language
4-23 Pathology and Audiology;
4-24 (45) Texas Structural Pest Control Board;
4-25 (46) Board of Tax Professional Examiners;
5-1 (47) Secretary of State;
5-2 (48) Supreme Court;
5-3 (49) Texas Transportation Commission;
5-4 (50) State Board of Veterinary Medical Examiners;
5-5 (51) Board of Vocational Nurse Examiners; and
5-6 (52) Texas Ethics Commission.
5-7 Sec. 14.603. SUSPENSION OF LICENSE. A court or the Title
5-8 IV-D agency shall issue an order suspending license as provided by
5-9 this subchapter if an obligor:
5-10 (1) has an arrearage equal to or greater than the
5-11 total support due for 90 days under a support order;
5-12 (2) has been provided an opportunity to make payments
5-13 toward the child support arrearage under an agreed or court-ordered
5-14 repayment schedule; and,
5-15 (3) has failed to comply with the repayment schedule.
5-16 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A
5-17 child support agency or obligee may file a petition to suspend a
5-18 license.
5-19 (b) In a Title IV-D case, the petition must be filed with
5-20 the Title IV-D agency.
5-21 (c) In a non-IV-D case, the petition shall be filed in the
5-22 court of continuing jurisdiction or the court in which a child
5-23 support order has been registered under Chapter 21 (Uniform
5-24 Interstate Family Support Act).
5-25 (d) The proceedings in cases filed with the Title IV-D
6-1 agency are governed by the contested case provisions in Chapter
6-2 2001, Government Code, except that the provisions of Section
6-3 2001.054 shall not apply to the proceedings, and the IV-D Director
6-4 is the state official responsible for rendering a final decision
6-5 under Section 2001.062.
6-6 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under
6-7 this subchapter must state that license suspension is required
6-8 pursuant to Section 14.603 and must allege:
6-9 (1) the name and, if known, social security number of
6-10 the obligor;
6-11 (2) the type of license the obligor is believed to
6-12 hold and the name of the licensing authority; and
6-13 (3) the amount owed under the child support order, the
6-14 amount of support paid, and the amount of arrearages.
6-15 (b) A petition under this subchapter may include as an
6-16 attachment a copy of the record of child support payments
6-17 maintained by the Title IV-D registry or local registry.
6-18 Sec. 14.606. NOTICE. (a) On the filing of a petition under
6-19 Section 14.604, the court or Title IV-D agency shall issue to the
6-20 obligor:
6-21 (1) notice of the obligor's right to a hearing before
6-22 the court or agency:
6-23 (2) notice of the deadline for requesting a hearing;
6-24 and
6-25 (3) a hearing request form if the proceeding is in a
7-1 Title IV-D case.
7-2 (b) Notice under this section may be served as in civil
7-3 cases generally.
7-4 (c) The notice must state that an order suspending license
7-5 shall be rendered on the 60th day after the date of service of the
7-6 notice unless by that date:
7-7 (1) the court or Title IV-D agency receives proof that
7-8 all arrearages and the current month's child support obligation
7-9 have been paid;
7-10 (2) the child support agency or obligee files a
7-11 certification that the obligor is in compliance with a reasonable
7-12 repayment schedule; or
7-13 (3) the obligor appears at a hearing before the court
7-14 or Title IV-D agency and shows that the request for suspension
7-15 should be denied or stayed.
7-16 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
7-17 request for a hearing and motion to stay suspension must be filed
7-18 with the court or Title IV-D agency by the obligor not later than
7-19 the 20th day after the date of service of the notice under Section
7-20 14.606.
7-21 (b) If a request for a hearing is filed, the court or Title
7-22 IV-D agency shall:
7-23 (1) promptly schedule a hearing;
7-24 (2) notify each party of the date, time, and location
7-25 of the hearing; and
8-1 (3) stay suspension pending the hearing.
8-2 (c) A record of child support payments made by the Title
8-3 IV-D agency or a local registry is evidence of whether the payments
8-4 were made. A copy of the record appearing regular on its face
8-5 shall be admitted as evidence at a hearing under this subchapter,
8-6 including a hearing on a motion to revoke a stay. Either party may
8-7 offer controverting evidence.
8-8 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) Upon making the
8-9 findings required by Section 14.603, the court or the Title IV-D
8-10 agency shall render an order suspending license unless the obligor
8-11 proves that all arrearages and the current month's support have
8-12 been paid.
8-13 (b) The court or Title IV-D agency may stay the order
8-14 suspending license, conditioned on the obligor's compliance with a
8-15 reasonable repayment schedule, the terms of which shall be
8-16 incorporated in the order. An order suspending license with a stay
8-17 of suspension may not be served on the licensing authority unless
8-18 the stay is revoked as provided in this subchapter.
8-19 (c) A final order suspending license rendered by a court or
8-20 the Title IV-D agency shall be forwarded to the appropriate
8-21 licensing authority.
8-22 (d) If the court or Title IV-D agency renders an order
8-23 suspending license, the obligor may also be ordered not to engage
8-24 in the licensed activity.
8-25 (e) If the court or Title IV-D agency finds that the
9-1 petition for suspension should be denied, the petition shall be
9-2 dismissed without prejudice, and an order suspending license may
9-3 not be rendered.
9-4 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency
9-5 shall consider the allegations of the petition for suspension to be
9-6 admitted and shall render an order suspending license if the
9-7 obligor fails to:
9-8 (1) respond to a notice issued under Section 14.606;
9-9 (2) request a hearing; or
9-10 (3) appear at a hearing.
9-11 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
9-12 issued by a Title IV-D agency under this subchapter is a final
9-13 agency decision and is subject to review under the substantial
9-14 evidence rule as provided by Chapter 2001, Government Code.
9-15 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt
9-16 of a final order suspending license, the licensing authority shall
9-17 immediately determine if the authority has issued a license to the
9-18 obligor named on the order and, if a license has been issued:
9-19 (1) record the suspension of the license in the
9-20 licensing authority's records;
9-21 (2) report the suspension as appropriate; and
9-22 (3) demand surrender of the suspended license if
9-23 required by law for other cases in which a license is suspended.
9-24 (b) A licensing authority shall implement the terms of a
9-25 final order suspending license without additional review or
10-1 hearing. The authority may provide notice as appropriate to the
10-2 license holder or to others concerned with the license.
10-3 (c) A licensing authority may not modify, remand, reverse,
10-4 vacate, or stay an order suspending license issued under this
10-5 subchapter and may not review, vacate, or reconsider the terms of a
10-6 final order suspending license.
10-7 (d) An obligor who is the subject of a final order
10-8 suspending license is not entitled to a refund for any fee or
10-9 deposit paid to the licensing authority.
10-10 (e) An obligor who continues to engage in the business,
10-11 occupation, profession, or other licensed activity after the
10-12 implementation of the order suspending license by the licensing
10-13 authority is liable for the same civil and criminal penalties
10-14 provided for engaging in the licensed activity without a license or
10-15 while a license is suspended as any other licensee of the
10-16 particular licensing authority.
10-17 (f) A licensing authority is exempt from liability to a
10-18 license holder for any act authorized under this subchapter
10-19 performed by the authority.
10-20 (g) Except as provided by this subchapter, an order
10-21 suspending license or dismissing a petition for the suspension of a
10-22 license does not affect the power of a licensing authority to
10-23 grant, deny, suspend, revoke, terminate, or renew a license.
10-24 (h) The denial or suspension of a driver's license under
10-25 this subchapter is governed by this subchapter and not by the
11-1 general licensing provisions of Chapter 173, Acts of the 47th
11-2 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
11-3 Civil Statutes).
11-4 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee,
11-5 support enforcement agency, court, or Title IV-D agency may file a
11-6 motion to revoke the stay of an order suspending license if the
11-7 obligor does not comply with the terms of a reasonable repayment
11-8 plan entered into by the obligor.
11-9 (b) Notice to the obligor of a motion to revoke stay under
11-10 this section may be given by personal service or by mail to the
11-11 address provided by the obligor, if any, in the order suspending
11-12 license. The notice must include a notice of hearing. The notice
11-13 must be provided to the obligor not less than 10 days before the
11-14 date of the hearing.
11-15 (c) A motion to revoke stay must allege the manner in which
11-16 the obligor failed to comply with the repayment plan.
11-17 (d) If the court or Title IV-D agency finds that the obligor
11-18 is not in compliance with the terms of the repayment plan, the
11-19 court or agency shall revoke the stay of the order suspending
11-20 license and render a final order suspending license.
11-21 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
11-22 (a) The court or Title IV-D agency may render an order vacating or
11-23 staying an order suspending license if the obligor has paid all
11-24 delinquent child support or has established a satisfactory payment
11-25 record.
12-1 (b) The court or Title IV-D agency shall promptly deliver an
12-2 order vacating or staying an order suspending license to the
12-3 appropriate licensing authority.
12-4 (c) On receipt of an order vacating or staying an order
12-5 suspending license, the licensing authority shall properly issue
12-6 the affected license to the obligor if the obligor is otherwise
12-7 qualified for the license.
12-8 (d) An order rendered under this section does not affect the
12-9 right of the child support agency or obligee to any other remedy
12-10 provided by law, including the right to seek relief under this
12-11 subchapter. An order rendered under this section does not affect
12-12 the power of a licensing authority to grant, deny, suspend, revoke,
12-13 terminate, or renew a license as otherwise provided by law.
12-14 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing
12-15 authority may charge a fee to an obligor who is the subject of an
12-16 order suspending license in an amount sufficient to recover the
12-17 administrative costs incurred by the authority under this
12-18 subchapter.
12-19 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
12-20 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
12-21 each licensing authority the name, address, social security number,
12-22 license renewal date, and other identifying information for each
12-23 individual who holds, applies for, or renews a license issued by
12-24 the authority.
12-25 (b) A licensing authority shall provide the requested
13-1 information in the manner agreed to by the Title IV-D agency and
13-2 the licensing authority.
13-3 (c) The Title IV-D agency may enter into a cooperative
13-4 agreement with a licensing authority to administer this subchapter
13-5 in a cost-effective manner.
13-6 (d) The Title IV-D agency may adopt a reasonable
13-7 implementation schedule for the requirements of this section.
13-8 (e) The Title IV-D agency, the Comptroller and the Texas
13-9 Alcoholic Beverage Commission shall by rule specify additional
13-10 prerequisites for the suspension of licenses relating to state
13-11 taxes collected under Title 2 of the Tax Code. Such joint rules
13-12 shall be promulgated not later than March 1, 1996.
13-13 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D
13-14 agency by rule shall prescribe forms and procedures for the
13-15 implementation of this subchapter.
13-16 SECTION 2. This Act takes effect September 1, 1995.
13-17 SECTION 3. The importance of this legislation and the
13-18 crowded condition of the calendars in both houses create an
13-19 emergency and an imperative public necessity that the
13-20 constitutional rule requiring bills to be read on three several
13-21 days in each house be suspended, and this rule is hereby suspended.