CJ H.B. 957 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 957
By: Goodman
2-21-97
Committee Report (Unamended)



BACKGROUND 

Chapter 159, Family Code, the Uniform Interstate Family Support Act
(UIFSA), completely revised and replaced the Revised Uniform Reciprocal
Enforcement of Support Act (RURESA) effective Sept. 1, 1993. Texas was the
second state to adopt the new uniform act. As of Jan. 1, 1997, 35 states
have enacted UIFSA. Further, the National Conference of Commissioners on
Uniform State Laws (NCCUSL) unanimously adopted amendments to UIFSA at its
San Antonio, Texas, meeting in July 1996. Shortly thereafter the U.S.
Congress enacted welfare reform, officially known as the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996. In that
act Congress mandated all states to pass UIFSA, as amended, in order for a
state to remain eligible for federal funding of child support enforcement
as follows: 

Sec. 321.ADOPTION OF UNIFORM STATE LAWS
Section 466 (42 U.S.C. Sec. 666) is amended by adding at the end the
following new subsection: 
"(f) Uniform Interstate Family Support Act. - In order to satisfy section
454(20(A), on and after January 1, 1998, each state must have in effect
the Uniform Interstate Family Support Act, as approved by the American Bar
Association on February 9, 1993, together with any amendments officially
adopted before January 1, 1998, by the National Conference of
Commissioners on Uniform State Laws." 
P.L. 104-193, Sec 321, 110 Stat. 2221. 

PURPOSE

To conform Chapter 159, Family Code, to the Uniform Interstate Family
Support Act as originally approved by the ABA on February 9, 1993, and
amended by the National Conference of Commissioners on Uniform State Laws
on July 19, 1996, in order to retain the federal subsidy for child support
enforcement under the IV-D program. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

Section 1. Amends definitions of "initiating state," "responding state,"
and "state," for clarification. 

Section 2. Amends caption of Sec. 159.102 without substantive change.

Section 3. Amends caption of Sec. 159.203 without substantive change.

Section 4. Amends Sec. 159.205(a) for grammatical clarity without
substantive change. 

Section 5. Amends Sec. 159.207(a) and (b) to reorganize these subsections
without substantive change. Adds subsections (c), (e) and (f) to require
notice and explanation of basis of determination of court of continuing,
exclusive jurisdiction. 

 Section 6. Amends Sec. 159.301 for grammatical clarity without
substantive change. 

Section 7. Amends caption to Sec. 159.303 without substantive change.

Section 8. Amends Sec. 159.304 by adding subsection (b) to facilitate
transition of support enforcement between URSEA states and UIFSA states,
and to accommodate requirements of foreign countries for reciprocity in
international child support enforcement. 

Section 9. Amends Sec. 159.305(a), (b), and (e) to strike notice by first
class mail requirement. Any form of notice recognized by the Texas Rules
of Civil Procedure will suffice to give notice, which is not limited to
notice by first class mail. 

Section 10. Amends Sec. 159.306 to strike first class mail notice
requirement. 

Section 11. Amends Sec. 159.307(b) to strike first class mail notice
requirement. 

Section 12. Amends Sec 159.313(a) to implement uniform act text and delete
Texas variation. 

Section 13. Amends Subchapter F, Chapter 159, to provide specific details
regarding requirements for employer's compliance with enforcement of a
withholding order received from another state without registration in
either the tribunal or the issuing state or Texas. 

Section 14. Amends Sec. 159.604(a) by deleting Texas variation from
uniform act text. 

Section 15. Amends Sec. 159.605(a), (b) to delete notice requirement
limited to first class, certified, and registered mail. 

Section 16. Amends Sec. 159.606(a), (c) by making grammatical correction
without substantive change and by deleting first class mail notice
requirement. 

Section 17. Amends Sec. 159.611(a), (c) by making grammatical correction
without substantive change, and by recognizing laws of foreign nations
which may not assert continuing, exclusive jurisdiction over its own
orders, and clarifies restrictions on modification of child support order. 

Section 18. Adds Sec. 159.613 to provide that if issuing state has lost
continuing, exclusive jurisdiction and all parties reside in Texas, Texas
may modify child support. 

Section 19. Amends Sec. 159.614 to require notice to issuing tribunal of a
modification of child support order after a state has lost continuing,
exclusive jurisdiction. 

Section 20. Effective date September 1, 1997; application of the act is
prospective. 

Section. 21. Emergency clause.