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.