CJ C.S.H.B. 2843 75(R)BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
HB 2843        
BY:  Hirschi
4-17-97
Committee Report (Substituted)

BACKGROUND

The 1995 legislative session made massive revisions to the Family Code.
In the process, some items were left unclear or contained wording which
needs clarification or refinement for optimum usage by counties enforcing
child support obligations.  Additionally, the recently passed Federal
Welfare Reform Act and the federal regulations for its implementation
appear to contain provisions which should be reflected in state law (and
which are not part of the general bill relating to compliance with the
Federal Reform Act). 


PURPOSE

This bill attempts to clarify and refine several sections of the Family
Code and to include changes which appear to be federally mandated.  These
revisions will assist child support enforcement and payment processing,
not only at the county level but also at the state level. 

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. DOMESTIC RELATIONS OFFICE FEE.  Directs the district clerk to
collect the domestic relations fee provided for in Section 203.005 in
order to maximize collection of this county user fee. 

Section 2. ELECTRONIC TRANSMITTAL would take the mandated shall out of
electronic transfers of child support payments and substitute the more
permissive may. 

Section 3. CAPIAS.  Allows a civil capias to be entered on the TCIC and
NCIC computer networks. 

Section 4. Section 157.211, COMMUNITY SUPERVISION, is amended to include
payment of child support as a condition of civil child support probation. 

Section 5. UNPAID CHILD SUPPORT AS JUDGMENT.  This statutorily defines
"date rendered" for interest computation purposes. 

Section 6. Section 158.104, REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
WITHHOLDING.  This adds Friend of the Court as an entity which may request
issuance of an income withholding order. 

Section 7. Section 158.105(b)  ATTACHMENT OF EMPLOYERS' DUTIES AND
RESPONSIBILITIES TO WRITS OF WITHHOLDINGS, corrects the subchapter which
the clerk is directed to attach to an income withholding order. 

Section 8. REMITTING WITHHELD PAYMENTS.  Designates what information must
be provided when employers send payments withheld pursuant to a child
support in order to insure what sufficient information is given to
correctly process child support payments. 

 Section 9. Section 202.002(b).  This is cleanup wording which makes
visitation enforcement, child support enforcement, clarification, and
modification discretionary to each Friend of the Court program. 

Section 10. Section 203.004, Specifically gives a domestic relations
office the authority to hire or contract with attorneys to provide
services. 

Section 11. Section 203.006(a).  Adds the word received to "fees
collected" relative to domestic relations offices fees and the deposit
thereof. 

Section 12. Section 231.0011(m).  Adds the ability for all child support
cases in a county to become eligible for contracted services with the
Title IV-D agency if a county chooses to contract with the IV-D agency. 

Section 13. Section 231.101.  IV-D AGENCY TO DISTRIBUTE PAYMENTS WITHIN
TWO DAYS.  Requires the IV-D agency to meet the same time line in
processing child support payments as presently required of local
registries and which is required of the IV-D agency under Section 312 of
the Federal Welfare Reform act. 

Section 14. PENAL CODE:  More specifically spells out that non-sufficient
child support checks are susceptible to criminal prosecution and
classifies the offense as a Class B misdemeanor. 

Section 15. Effective dates and implementation provisions. 


Section 16. Emergency clause.






COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 6 of the original bill amending Sec. 157.268 of the Family Code is
deleted. 

SECTION 8 of the substitute deletes the requirement to transmit the payor
and payee's social security numbers. 

SECTION 13 of the original (SECTION 12 of the substitute) is changed to
delete the amendment to subsection (g) and instead adds a new subsection
(m)  which allows the Title IV-D agency to contract with the counties for
services for non-Title IV-D cases. 

SECTION 15 of the substitute deletes the references to changes in Section
157.268 in SECTION 16 of the original bill; a conforming change.