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.