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.