CJ H.B. 3286 75(R)BILL ANALYSIS



H.B. 3286
H.B. 3286
4-4-97
Committee Report (Amended)
Introduced

BACKGROUND

Federal welfare reform legislation - the "Personal Responsibility and Work
Opportunity Reconciliation Act of 1996" (PRWORA), P.L. 104-193, enacted on
August 22, 1996,  significantly changes the state-federal child support
enforcement program under Part D of title IV of the Social Security Act
[42 U.S.C. 651 et seq.], or, as it is commonly called, the "Title IV-D"
program. 

Title III of PRWORA contains a number of mandates that affect not only the
operation of the Title IV-D program, but also Texas law under the Family
Code.  Failure of a state to enact these mandates could result in a
finding of noncompliance with federal requirements for the Title IV-D
program, resulting in a loss of federal funds for the program, as well as
the imposition of financial penalties on the state's grant for Temporary
Assistance for Needy Families (TANF) under Part A, title IV, of the Social
Security Act. 

PURPOSE

The provisions of this bill are intended to implement federal requirements
under Title III of PRWORA in a manner that comports with principles of
Texas family law and civil procedure.  The bill amends, as necessary,
sections of the Family Code and the Business and Commerce Code to bring
Texas into compliance with federal welfare reform mandates affecting child
support enforcement. 

RULEMAKING AUTHORITY

The bill provides the Title IV-D agency with the authority to make rules
for the purpose of implementing specific federal requirements under
PRWORA, including: (1) quarterly data matches with financial institutions
in the state; (2) the establishment and operation of a unified state case
registry and disbursement unit; and (3) the establishment and operation of
a state directory of new hires. 

SECTION-BY-SECTION ANALYSIS

SECTION 1.  Expands the definition of "earnings" under Section 101.011,
Family Code, to include "interest income" to comply with Section
314(b)(1), PRWORA. 

SECTION 2.  Clarifies the definition of "employer" to specifically include
"any other entity that pays or owes earnings to an individual," consistent
with the definition provided under Section 313, PRWORA. 

SECTION 3.  Clarifies definition of "medical support" to include any order
for medical support, whether administrative or judicial, consistent with
requirements for expedited procedures under Section 325, PRWORA, and for
enforcement of orders for health care coverage under Section 382, PRWORA. 

SECTION 4.  Expands and clarifies definition of "Title IV-D case" to
identify the range of services provided by the Title IV-D agency
consistent with requirements for administrative actions under Section 325,
PRWORA. 

SECTION 5.  Adds definitions of "administrative writ of
withholding,""judicial writ of  withholding," and "notice of application
for judicial writ" for amendments to income withholding processes under
Chapter 158, Family Code, to meet requirements under Section 314, PRWORA.
Adds definition of "state case registry" to identify registry required
under Section 311, PRWORA. 

SECTION 6.  Amends Section 105.002(b), Family Code, to provide that jury
trial is not available in a suit to determine parentage, as required under
Section 331(a)(5)(I), PRWORA. 

SECTION 7.  Implements Section 325(a)(2), PRWORA, by requiring each party
in a suit affecting the parent-child relationship to provide the court and
the state case registry with specific information, including current
mailing addresses, so that in any subsequent enforcement action due
process requirements for notice and service of process will be deemed met
with respect to a party if written notice is delivered to the most recent
address provided the court or the registry by the party. 

SECTION 8.  Requires clerks to provide the state case registry with a
record of a court order for child support mandated under Section 311,
PRWORA; provides that Title IV-D agency will reimburse the clerks for the
costs of providing such record. 

SECTION 9.  Changes "notice of delinquency" to "notice of application for
judicial writ of withholding" as the document for which a clerk may
collect a filing fee (to accord with such change made by this bill for
income withholding provisions under Chapter 158, Family Code).   

SECTION 10.  Provides a technical correction to Section 110.004, Family
Code, to clarify that the fee charged by a clerk is for issuing and
delivering a withholding order or writ issued by the clerk, without
requiring the writ or order to be delivered by mail.  

SECTION 11.  Provides a technical correction to Section 154.007(a), Family
Code, to clarify that either the court or the Title IV-D agency shall
order income withholding in a proceeding in which support is ordered,
modified, or enforced. 

SECTION 12.  To implement requirements under Section 382, PRWORA, amends
Section 154.184(b), Family Code, to require an employer to enroll a child
in a health plan upon receiving either an order for dependent health
coverage or a notice of the order included in an order or writ of
withholding. 

SECTION 13.  Amends Section 154.186, Family Code, to implement
requirements under Section 382, PRWORA, to provide that notice of a
medical support order may be included in an income withholding order or
writ sent to an employer.  

SECTION 14.  Amends Section 154.187, Family Code, to clarify that, upon
receiving an order or notice of ordered dependent health coverage, a
current or subsequent employer must enroll a child in a health plan for
which the employee is eligible, whether or not the employee is enrolled in
the plan, and without regard to the date the medical support order was
rendered.  (Section 382, PRWORA, requires that, in Title IV-D cases, a
notice of medical support sent to any current or subsequent employer have
the effect of immediately enrolling a dependent child in a health plan for
which the employee is eligible.) 

SECTION 15.  Amends Section 154.189, Family Code, to accord with Section
382, PRWORA, by requiring an obligor ordered to provide medical support to
notify not only the obligee, but also the child support agency of a change
in employment so that a notice of the medical support order may be sent to
a new employer. 

SECTION 16.  Adds Section 154.193, Family Code, to provide that where a
medical support order is deemed not to have satisfied the definition of a
"qualified medical child support order" under ERISA, a court or
administrative tribunal may render a suitable order.  (Section 381,
PRWORA, expands the process for issuance of a qualified medical child
support order to an administrative tribunal.) 

SECTION 17.  Amends Section 156.401(a), Family Code, to incorporate the
criteria for review and adjustment of a support order provided under
Section 351, PRWORA, so that, in addition to a  change in circumstances, a
modification of an order may be made if it has been 3 years since the
order was rendered or last modified and the order differs from the amount
that would be ordered under the child support guidelines.  (For the
purposes of the Family Code, the difference with respect to an amount of
support required under the guidelines is set by this section at either 20
percent or $100.) 

SECTION 18.  To implement the requirements under Section 365, PRWORA, in
an enforcement proceeding the court may order an obligor owing arrearages
for a child receiving public assistance 
either to pay the arrearages according to a court-approved plan or, if the
obligor is already paying according to a plan and is not incapacitated, to
participate in work activities deemed appropriate by the court. 

SECTION 19.  Conforms Section 157.065(a), Family Code, to the requirement
(under Section 7 of the bill) that a party in a suit affecting the
parent-child relationship provide the court and the state case registry
with current mailing addresses for the purpose of delivering a notice in
any subsequent enforcement proceeding. 

SECTION 20.  Amends Section 157.311, Family Code, to add definition of
"court having continuing jurisdiction" for the purpose of implementing
child support lien provisions under Section 368, PRWORA. 

SECTION 21.  Amends Section 157.312, Family Code, to meet requirements
under Section 368, PRWORA, that a child support lien arises by operation
of law against real and person property of an obligor and that a lien
arising in another state may be enforced in the same manner and to the
same extent as a lien arising in this state.  Further provides that a
foreclosure action is not required as a prerequisite to levy and execution
on a judgment or administrative determination of arrears after notice and
opportunity for hearing. 

SECTION 22.  Amends Section 157.313(a), Family Code, to make contents of a
child support lien notice accord with federally mandated interstate child
support lien notice, as provided under Section 324, PRWORA. 

SECTION 23.  Amends Section 157.314, Family Code, to clarify that a child
support lien notice or abstract of judgment may be filed with the county
clerk of the county in which the court having continuing jurisdiction has
venue of the suit affecting the parent-child relationship and a lien
notice may be filed: (1) with the clerk of the court in which there is a
claim, by or on behalf of the obligor, or a potential right of the obligor
to proceeds from an estate; (2) with any individual or organization
believed to be in possession of property of the obligor; (3) or with any
governmental entity having indicia of property ownership. 

SECTION 24.  Provides technical amendment to Section 157.316, Family Code,
with respect to perfection of a child support lien upon the filing of an
abstract of judgment or lien notice with the county clerk. 

SECTION 25.  Amends Section 157.317(a), Family Code, to clarify that a
lien for child support attaches to all non-exempt real and personal
property owned by the obligor on or after the date the lien notice or
abstract of judgment is filed with the county clerk in the county in which
the property is located, with the court clerk as to property or claims in
litigation, or with a party in control or possession of property of the
obligor. 

SECTION 26.  Amends Section 157.318, Family Code, to provide that a lien
for child support is effective until all current support and arrearages
have been paid or the lien released, that a lien secures payment of all
arrears owed by the obligor under the underlying order, and that the
filing of lien notice or abstract of judgment is a record of the notice
and has the same effect as any other lien notice with respect to real
property records. 

SECTION 27.  Amends Section 157.319, Family Code, to provide that a person
possessing property of the obligor who has notice of a child support lien
and who wrongly releases, sells, transfers, encumbers, or conveys that
property may be joined as a party to a foreclosure action and be subject
to penalties provided under the code. 

SECTION 28.  Provides a technical correction to Section 157.321, Family
Code, with respect to the discretionary release of lien. 

SECTION 29.  Amends Section 157.322, Family Code, to provide that a
release of lien is effective when filed with the county clerk with whom
the notice or abstract was filed and that a copy of the release may be
filed with any other person or organization that may have been served with
a lien notice. 

SECTION 30.  Amends Section 157.323, Family Code, to clarify that an
action to foreclose a child support lien or to dispute the amount of
arrearages stated in the lien may be brought in the court of continuing
jurisdiction or, if there is no such court, in the district court in which
the lien was filed or the property is located.  Also clarifies that
procedures for a motion for enforcement apply to an foreclosure action and
provides that, if arrearages are owed by the obligor, the court may order
a person or organization possessing nonexempt property or cash owned by
the obligor to dispose of the property as the court may direct. 

SECTION 31.  Amends Section 157.324, Family Code, to clarify that a person
who knowingly disposes of property subject to a support lien or who, after
a foreclosure hearing, fails to surrender such property as directed by the
court or administrative order is liable to the claimant for an amount
equal to the arrearages for which the foreclosure judgment was issued. 

SECTION 32.  Provides a technical correction to Section 157.325(b), Family
Code, with respect to the filing of a suit by the holder of personal
property or the obligor for an order determining the amount of arrearages
and discharging excess property from a lien if a claimant refuses to
release funds in excess of the arrearages owed by the obligor. 

SECTION 33.  Clarifies Section 157.326, Family Code, by providing that,
with respect to the interest of an obligor's spouse, if the court
determines that sale of property subject to lien and jointly owned would
not result in an unreasonable hardship upon the obligor's spouse and
family, the court shall render an order partitioning property and applying
the proceeds to the support arrearages. 

SECTION 34.  Amends Section 158.001, Family Code, to provide a technical
correction with respect to the general rule for income withholding to the
effect that such withholding may be ordered by with the court or the Title
IV-D agency in a proceeding to establish, modify, or enforce a child
support obligation. 

SECTION 35.  Amends Section 158.002, Family Code, to provide a technical
correction by transposing text from Section 158.001, Family Code, to state
that, except in a Title IV-D case, the court may, for good cause, delay
the issuance and delivery of an income withholding order until there is an
arrearage in amount due for more than 30 days or for a one-month period or
until there is any other violation of the support order.  

SECTION 36.  Amends Section 158.006, Family Code, to clarify that, in a
Title IV-D case, either the court or the Title IV-D agency may order
income withholding and to provide that in a Title IV-D case the issuance
of an order or writ of withholding may not be delayed, suspended, or
stayed. 

SECTION 37.  Provides a technical correction to Section 158.009, Family
Code, to delete "in the order" that would incorrectly exclude the use of a
writ of withholding in directing an employer to withhold income for child
support. 

SECTION 38.  Provides a technical correction to Section 158.010, Family
Code, to include "under this chapter" in referring to an order or writ of
withholding issued to an employer. 

SECTION 39.  Amends Section 158.011(a) to provide that an obligor and
obligee may sign either a notarized or acknowledged request to the clerk
for the issuance to the obligor's employer of an order or writ of
withholding. 

 SECTION 40.  Amends current time limitations under Section 158.102,
Family Code, to specify that the court retains jurisdiction to render an
income withholding order until all current support and arrearages have
been paid by the obligor. 

SECTION 41.  Amends contents of an income withholding order under Section
158.103, Family Code, to include the amount and duration of medical
support payments or other provisions for medical support contained in a
child support order. 

SECTION 42.  Amends Section 158.106(a), Family Code, to require the Title
IV-D agency to prescribe a form for an "administrative writ of
withholding," in addition to forms for a "judicial writ of withholding"
and an "application for a judicial writ of withholding." 

SECTION 43.  Amends Section 158.201, Family Code, to clarify that an
employer is not entitled to notice of proceedings before an order of
withholding is rendered or a writ of withholding is issued and to provide
that an order or writ of withholding is binding on an employer regardless
of whether the employer is specifically named in the order or writ. 

SECTION 44.  Provides a technical correction to Section 158.202, Family
Code, by substituting "required by" for "provided in" with respect to an
order or writ of withholding. 

SECTION 45.  Amends Section 158.205, Family Code, to permit an employer to
request a hearing with the Title IV-D agency on the applicability of an
order or writ of withholding to the employer if the agency has issued an
order or writ of withholding; requires the Title IV-D agency to establish
procedures for such a hearing. 

SECTION 46.  Provides a technical correction to the wording of Section
158.206, Family Code. 

SECTION 47.  Provides a technical correction to the wording of Section
158.207(b), Family Code, to clarify that in complying with more than one
income withholding order or writ the employer must pay an equal amount
towards the current support in each order or writ. 

SECTION 48.  Amends Sections 158(c) and (d), Family Code, to allow a
friend of the court, a domestic relations office, or the Title IV-D
agency, as well as the child support obligor, to bring an action against
an employer who refuses to hire or intentionally discharges an employee
because of an income withholding order or writ. 

SECTION 49.  Amends the heading for Subchapter D, Chapter 158, Family
Code, to identity a judicial writ of withholding issued by clerk. 

SECTION 50.  Makes a technical correction to Section 158.301, Family Code,
to identify a notice of application for "judicial writ of withholding,"
currently styled a "notice of withholding." 

SECTION 51.  Amends Section 158.302, Family Code, to conform wording to a
"judicial writ of withholding," instead of a "notice of withholding," and
to identify medical support as included within the child support
obligation. 

SECTION 52.  Amends Sections 158.303(a) and (c), Family Code, to conform
wording to "judicial writ of withholding." 

SECTION 53.  Amends Section 158.304, Family Code, to conform wording to
"judicial writ of withholding" and to clarify that the judicial writ may
include arrearages that accrue between the filing of the notice and the
date of hearing or issuance of the writ. 

SECTION 54.  Provides technical correction to Section 158.306, Family
Code, to conform wording to "judicial writ of withholding" and to "party,"
instead of "attorney," who may deliver a notice of application for a
judicial writ of withholding to an obligor. 

SECTION 55.  Conforms wording of Section 158.307(a), Family Code, to
"judicial writ of withholding." 
 
SECTION 56.  Conforms wording of Section 158.308, Family Code, to
"judicial writ of withholding." 

SECTION 57.  Amends Section 158.309, Family Code, to conform wording to
"application for judicial writ of withholding" and to clarify that, upon
hearing a motion to stay a "judicial writ of withholding," the court must
either render an order for income withholding that includes the amount of
any support arrearages or grant the motion. 

SECTION 58.  Amends Sections 158.310(a) and (c), Family Code, to change
"notice of withholding" to "application for judicial writ of withholding"
and "attorney" to "party." 

SECTION 59.  Amends Section 158.311(a), Family Code, to change "notice of
withholding" to "application for judicial writ of withholding." 

SECTION 60.  Amends Section 158.312(a), Family Code, to conform wording to
"judicial writ of withholding" and to clarify that the writ states the
amount of current support, including medical support, and any support
arrearages. 

SECTION 61.  Amends Section 158.314, Family Code, to conform wording to
"judicial writ of income withholding" and to clarify that "current child
support" includes medical support. 

SECTION 62.  Amends Section 158.315, Family Code, to change "notice of
withholding" to "application for judicial writ of withholding" and
"attorney" to "party." 

SECTION 63.  Amends Section 158.317, Family Code, to conform wording to
"application for judicial writ of withholding." 

SECTION 64.  Amends Section 158.318, Family Code, to conform wording to
"application for judicial writ of withholding" and "party." 

SECTION 65.  Amends Section 158.401(b), Family Code, to clarify wording.

SECTION 66.  Amends Section 158.402, Family Code, to clarify the
circumstances under which an obligor and obligee may agree on a reduction
in or termination of income withholding and to provide that the obligor
and obligee may file either a notarized or acknowledged request with the
clerk for the issuance and delivery of a revised judicial writ of
withholding to the obligor's employer and that an agreement of the parties
with respect to income withholding does not modify the terms of the
support order. 

SECTION 67.  Amends Chapter 158, Family Code, to provide for an
"administrative writ of withholding," under a new Subchapter F, to
implement requirements under Sections 314 and 325, PRWORA, that the Title
IV-D agency have the authority to order income withholding for child
support.  Authorizes the agency in a Title IV-D case to initiate income
withholding by issuing and delivering an "administrative writ of
withholding" to an employer and filing a copy of the writ, together with
certificate of service, in the court of continuing jurisdiction.  Provides
that the administrative writ be in a format authorized by the Secretary of
the federal Department of Health and Human Services.  Requires delivery of
notice informing the obligor that income withholding has commence and the
procedures to follow to contest the withholding.  Provides procedures for
contest and review by the agency and for further judicial remedies.
Provides for enforcement of an interstate income withholding order. 

SECTION 68.  Consistent with the requirements of Sections 323 and 325,
PRWORA, amends Section 231.002(d), Family Code, to identify more fully the
duties of the Title IV-D agency and to expand those duties under Sections
231.002(e) and (f), Family Code, to include the recognition and
enforcement of the authority of Title IV-D agencies of other states and
meeting federal requirements under 42 U.S.C. 666(a)(14) for the
administrative enforcement of interstate cases. 

SECTION 69.  Amends Section 231.101, Family Code, to implement
requirements under Section 351, PRWORA, relating to the periodic review
and adjustment of support orders in Title IV-D cases. 
 
SECTION 70.  Makes a technical correction to Section 231.104(a), Family
Code, with respect to the assignment of child support rights in a Title
IV-D case in which there is an application for or receipt of public
assistance to clarify that such assignment is effective to the extent
authorized by new federal law (which changes the former schedule of
assignment of support rights). 

SECTION 71.  Amends Section 231.105, Family Code, to implement
requirements under Section 325, PRWORA, that the state Title IV-D agency
have the authority to change payee in cases in which an assignment of
support rights has been made to the state or in which payment of collected
support must be made to the state disbursement unit (required under
PRWORA).  Replaces current process for "notice of assignment" by providing
that the Title IV-D agency, on  giving notice to the obligor and obligee,
the court, and the child support registry, direct the obligor or other
payor to remit support payments to the agency. 

SECTION 72.  Amends Section 231.106, Family Code, to provide for the
delivery of a notice by the Title IV-D agency to the court and child
support registry upon the termination of an assignment of support rights. 

SECTION 73.  Conforms Section 231.107, Family Code, to process for change
of payee by the Title IV-D agency. 

SECTION 74.  Amends Section 231.108, Family Code, to implement
requirements under Section 303, PRWORA, prohibiting release of information
in Title IV-D case regarding any person with respect to whom a protective
order has been entered or there is reason to believe that release of
information could result in physical or emotional harm. 

SECTION 75.  Amends Section 231.301, Family Code, to clarify the functions
of Title IV-D parent locator services as identified under Section 316,
PRWORA. 

SECTION 76.  Amends Section 231.302, Family Code, to conform provisions
for access to information needed for child support enforcement and for the
recordation of social security numbers on applications for commercial
driver's, professional, and occupational licenses to requirements under
Section 325, PRWORA. 

SECTION 77.  Amends Section 231.303, Family Code, to conform provisions
for use of an administrative subpoena by the Title IV-D agency and for the
suspension of licenses to Sections 325 and 369 so that an individual or
organization must comply with an administrative subpoena subject to
specific sanctions for noncompliance, including suspension of an
individual's driver's, occupational, professional, or recreational license
may be suspended for failure to comply with a subpoena in a paternity or
child support proceeding. 

SECTION 78.  Amends Subchapter D, Chapter 231, Family Code, to add Section
231.301 to authorized the Title IV-D agency to conduct quarterly data
matches with financial institutions in the state for the purpose of
identifying the financial assets of delinquent child support obligors and
enforcing support obligations against those individuals, as required under
Section 353, PRWORA. 

SECTION 79.  Redesignates Subchapter E, Chapter 231, Family Code, as
Chapter 233, Family Code, to provide for an amended child support review
process that implements requirements for expedited administrative
procedures under Section 325, PRWORA.  Specifically provides that an
administrative order issued under the process, when confirmed by the
court, constitutes an order of the court, enforceable by any means
available under the code, including income withholding, child support
lien, and suspension of license.   Permits initiation of the review
process by a notice of child support review in an establishment action and
by notice of a child support review order in enforcement and modification
actions.  Provides for the use of negotiation conferences and encourage
agreement of the parties.  Identifies duties of the clerk upon the filing
of a child support review order.  Requires confirmation of an order by the
court not later than the 3rd day after issuance where the parties have
agreed to the terms of the order and there is completed waiver of service
filed with the court.  Allows a motion for a new trial not later the 30th
day after the confirmation of an agreed order.  Provides for a hearing by
the court, upon timely request by a party, where the parties have not
agreed to a review order issued by the Title IV-D agency.  Provides
special administrative  procedures for determination of parentage,
including the ordering of genetic testing by the agency and the issuance
of a default order where a party refuses to submit to testing.  Allows
opportunity for voluntary acknowledgment of paternity. 

SECTION 80.  To comply with Section 369, PRWORA, that requires state to
have and use laws to suspend certain licenses for a failure to comply with
a subpoena in a parentage or child support proceeding. amends Chapter 232,
Family Code, to read: "SUSPENSION OF LICENCE FOR FAILURE TO PAY CHILD
SUPPORT OR COMPLY WITH SUBPOENA." 

SECTION 81.  Amends Section 232.001, Family Code, to include a definition
of  "subpoena" so that, consistent with Section 369, PRWORA, a driver's,
occupational, professional, or recreational license may be suspended for
failure of an individual to comply with a subpoena in a parentage or child
support proceeding, as well as for failure to pay child support
arrearages.. 

SECTION 82.  Amends Section 232.00, Family Code, to expand the authority
of the court and the Title IV-D agency to suspend the license of an
individual who fails, after receiving appropriate notice, to comply with a
subpoena in a parentage or child support proceeding. 

SECTION 83.  Amends Section 232. 004(d), Family Code, to provide that
either the director of the Title IV-D agency or the director's designee
may render a final decision in a contested case regarding the suspension
of a license for child support arrearages or for failure to comply with a
subpoena. 

SECTION 84.  Amends Section 232.005, Family Code, to make contents of a
petition for suspension of a license consistent with federal requirement
that a license may be suspended for failure to comply with a subpoena in a
parentage or child support proceeding. 

SECTION 85.  Provides for the wording of a notice under Section
232.006(a), Family Code, informing an individual subject to license
suspension of the right to legal representation in a license suspension
action and of the need to request a hearing to stay suspension. 

SECTION 86.  Amends Section 232.007, Family Code, to provide that where an
individual has failed to comply with a subpoena and is thereby subject to
suspension of a license, proof of service is evidence of delivery of the
subpoena. 

SECTION 87.  Provides the grounds for stay of license under Section
232.008, Family Code, where an individual shows good cause for failure to
comply with a subpoena in a parentage or child support proceeding or
satisfies the requirements of a reissued and delivered subpoena. 

SECTION 88.  Makes a technical correction to Section 232.009, Family Code,
to change "obligor" to "individual," consistent with such change
throughout the chapter.  

SECTION 89.  Makes a technical correction to Section 232.011(a),(d), and
(e), Family Code, to change "obligor" to "individual." 

SECTION 90.  Provides the grounds under Section 232.012, Family Code, for
a motion to revoke the stay of an order suspending a license where the
individual subject to the order has failed, as applicable, either to
comply with the terms of a payment plan for child support arrearages or to
comply with a reissued subpoena. 

SECTION 91.  Amends Sections 232.013(a) and (c), Family Code, to provide
that the court or the Title IV-D agency may render an order vacating or
staying an order to suspend a license if the individual subject to the
order has, as applicable, paid all delinquent child support or complied
with the requirements of a reissued subpoena. 

SECTION 92.  Makes a technical correction to Section 232.014, Family Code,
to change "obligor" to "individual." 
SECTION 93.  Amends Subtitle D, Title 5, Family Code, by adding Chapter
234 to authorize the Title IV-D agency to establish and operate a state
case registry of child support orders, a state disbursement unit for child
support payments, and a state directory of new hires meeting the
requirements of Sections 311, 312, 313, PRWORA.   

Provides for the establishment of a unified state case registry and
disbursement unit, meeting the requirements of 42 U.S.C. 654(A)(e) and
654B, that will be responsible for:   maintaining records of support
orders in all Title IV-D cases and all other cases in which support orders
are rendered or modified on or after October 1, 1998; receiving and
disbursing support collections in all IV-D cases and (beginning October 1,
1999) in other cases subject to income withholding; and monitoring support
payments in Title IV-D cases and taking appropriate enforcement actions if
delinquencies occur.  Specifies that the Integrated Child Support System
under Section 231.006 (authorized by the 74th Texas Legislature under S.B.
793) will be incorporated into the unified state case registry and
disbursement unit.  Authorizes the Title IV-D agency to enter into
contracts and cooperative agreements, as necessary, to establish and
operate the unified state case registry and disbursement unit.  Requires
the Title IV-D agency to convene a work group of representatives of the
judiciary, district clerks, domestic relations offices, the bureau of
vital statistics, and other county and state agencies identified by the
Title IV-D agency, to assist the agency in developing procedures for
accomplishing the purposes of federal requirements for a state case
registry and state disbursement unit.  Requires clerks of courts to
provide the state case registry, when established, with records of support
orders, in a manner and form prescribed by the agency.  Provides that, to
the extent federal funds are available for such purpose, clerks will be
reimbursed for the costs of providing support order records to the
registry.    

Further authorizes the establishment and operation by the Title IV-D
agency, in cooperation with the Texas Workforce Commission, of a state
directory of new hires, in accordance with the requirements of 42 U.S.C.
653A., to which all employers in the state must send specific information
on new hires. Requires the Title IV-D agency to promulgate by rule
procedures for reporting employee information and for operating the
directory.  Authorizes the Title IV-D agency to enter into contracts and
cooperative agreements, as necessary, to accomplish the purposes of
federal requirements relating to the directory.   

SECTION 94.  Amends Section 24.002(4), Business and Commerce Code, by
identifying a child support obligee as a "creditor" to whom protection is
provided under Uniform Fraudulent Transfer Act in order to meet
requirements of Section 364, PRWORA. 

SECTION 95.  Repeals Section 157.065(d), Family Code, that prescribes the
content of a notice of hearing sent a party in an enforcement action.
Repeals Sections 157.322(c)-(e), Family Code, requiring release of lien as
superseded by provisions of this bill.  Repeals Section 158.107, Family
Code, providing for payment of a fee for issuance and delivery of a writ
of withholding, as superseded by the provisions of this bill.  Repeals
Section 158.305, Family Code, providing time limitations for filing of a
notice of withholding, as superseded by the provisions of this bill.
Repeals Section 231.430, Family Code, providing for expiration on
September 1, 1997 of Subchapter E, Chapter 231, Family Code.  Repeals
Section 231.431, Family Code, that expired on September 2, 1996.  Repeals,
effective October 1, 1998 (upon initiation of the federally required,
mandatory reporting program) Section 231.304, providing for a voluntary
new hire reporting program.   

SECTION 96.  States the effective date as September 1, 1997, except that
the requirement that an employer report a newly hired or rehired employee
under Subchapter B, Chapter 234, Family Code, as added by this bill, takes
effect September 1, 1998. 

SECTION 97.  States an emergency.

CJ H.B. 3286 75(R)

EXPLANATION OF AMENDMENTS

Committee amendment 1:(1) strikes Section 105.002 of the Family Code which
denied the demand for a jury trial. 

(2)Adds clarifying language that the parties must fill out the forms in
Sec. 105.008. 

 (3)Application for notice is changed to application for judicial writ in
Sec.158.309. 

(4)order income withholding without regard to an existing order.

(5)Makes a change from a specific law to the general term, law.

(6)makes a gender correction.

(7)broadens the pool of possible work group members.

(8)removes license suspension language from repealed sections.

(9)deletes section authorizing license suspensions and the provision of
social security numbers.