SRC-SLL C.S.S.B. 416 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 416
By: Harris
Jurisprudence
4-8-97
Committee Report (Substituted)


DIGEST 

Currently, the child support enforcement program is administered by the
office of the attorney general.  This division establishes child support
obligations and enforces payments for eligible families throughout the
state.  This division has grown considerably since federal requirements
which govern states' child support programs have been added.  This bill
will create the Texas Family Support Commission to enforce and collect
child support payments. 

PURPOSE

As proposed, C.S.S.B. 416 creates the Texas Family Support Commission to
enforce and collect child support payments. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Family Support Commission in
SECTION 1 (Sections 233.07(b) and (d), 233.101(a), and 233.104(f), Family
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 5D, Family Code, by adding Chapter 233, as follows:

CHAPTER 233.  TEXAS FAMILY SUPPORT COMMISSION

SUBCHAPTER A.  GENERAL PROVISIONS

Sec.  233.001.  DEFINITION.  Defines "commission."

Sec.  233.002.  COMMISSION.  Provides that the Texas Family Support
Commission (commission) is an agency of the state. 

Sec.  233.003.  SUNSET PROVISION.  Provides that the commission is subject
to Chapter 325, Government Code.  Provides that, unless continued in
existence as provided by that chapter, the commission is abolished and
this chapter expires September 1, 2009. 

Sec.  233.004.  COMPOSITION OF COMMISSION.  Sets forth composition of the
commission. 

Sec.  233.005.  CONFLICT OF INTEREST.  Sets forth standard language
developed by the Sunset Commission regarding conflicts of interest. 

Sec.  233.006.  REMOVAL OF COMMISSION MEMBERS.  Sets forth standard
language developed by the Sunset Commission regarding the removal of
commission members. 

Sec.  233.007.  PRESIDING OFFICER; MEETINGS; COMPENSATION.  Sets forth
regulations regarding the presiding officer of the commission, meetings of
the commission, and compensation for commission members.  Requires the
commission to hold regular meetings as least quarterly and special
meetings at the call of the presiding officer or as provided by commission
rule. 
 
SUBCHAPTER B.  POWERS AND DUTIES


Sec.  233.101. GENERAL POWERS AND DUTIES.  Authorizes the commission to
adopt rules for the administration of the commission's powers and duties.
Sets forth powers and duties of the commission.   

Sec.  233.102.  STRATEGIC PLAN FOR FAMILY SUPPORT SERVICES.  Requires the
commission to develop a strategic plan identifying alternatives for the
delivery of family support services.  Sets forth regulations for the
development of the strategic plan.  Provides that this chapter does not
require the commission to implement any program or alternative for which
funds are not appropriated in accordance with law. 

Sec.  233.103.  VISITATION PROGRAMS.  Requires the commission to
administer programs to support and facilitate noncustodial parents' access
to their children. 

Sec.  233.104.  PERSONNEL.  Sets forth regulations regarding commission
personnel. 

Sec.  233.105.  DUTIES OF EXECUTIVE DIRECTOR.  Sets forth duties of the
executive director of the commission. 

Sec.  233.106.  EMPLOYMENT OF ATTORNEYS.  Authorizes the commission to
employ legal counsel to represent the state or the commission in civil
suits and in appellate proceedings other than before the Supreme Court of
Texas.  Authorizes an attorney employed by the commission to initiate a
civil suit for the commission, intervene in pending litigation on behalf
of the commission, or otherwise represent the commission in the courts of
this state or in the courts of the United States. 

Sec.  233.107.  CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.  Sets forth
standard language developed by the Sunset Commission regarding an
intra-agency career ladder program and annual performance evaluations. 

Sec.  233.108.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.  Sets forth
standard language developed by the Sunset Commission regarding the
development of an equal employment opportunity policy statement. 

Sec.  233.109.  FISCAL REPORT.  Requires the commission to file annually
with certain persons a complete and detailed written report accounting for
all funds received and disbursed by the commission during the preceding
fiscal year.  Requires the annual report to be in the form and reported in
the time provided by the General Appropriations Act. 

Sec.  233.110.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.  Sets forth
regulations regarding the preparation of information of public interest
and complaint procedures. 

SECTION 2. Amends Section 102.007, Family Code, to authorize a Title IV-D
agency or a political subdivision contracting with a Title IV-D agency,
rather than the attorney general, to provide Title IV-D services under
this title to file a child support action authorized under this title,
including a suit for modification or a motion for enforcement.  Provides
that the Title IV-D agency is not required to obtain the consent of the
attorney general before the agency files an action under this title. 

SECTION 3. Amends Section 102.009(d), Family Code, to make a conforming
change. 

SECTION 4. Amends Section 231.001, Family Code, to make a conforming
change. 

SECTION 5. Amends Sections 231.0011(a)-(g) and (i)-(k), Family Code, to
delete a provision requiring a work group for a Title IV-D agency to
report to certain persons the results of the group's deliberations.
Deletes a provision requiring the attorney general to adopt rules to
implement this section.  Makes conforming and nonsubstantive changes. 
 
SECTION 6. Amends the heading of Section 231.205, Family Code, as follows:

Sec.  231.205.  New heading: LIMITATIONS ON LIABILITY OF TITLE IV-D AGENCY
FOR AUTHORIZED FEES AND COSTS. 

SECTION 7. Amends Sections 21.007(e) and (f), Government Code, to
authorize the presiding judges of certain courts to contract with the
commission.  Makes conforming and nonsubstantive changes. 

SECTION 8. Amends Sections 466.407(a) and (c), Government Code, to delete
a reference to the state treasurer.  Makes conforming changes. 

SECTION 9. Amends Section 192.003(g), Health and Safety Code, to make a
conforming change. 

SECTION 10. Amends Section 521.044(a), Transportation Code, to make a
conforming change. 

SECTION 11. Amends Section 2(a), Article 4413(29ee), V.T.C.S., to make
conforming changes. 

SECTION 12. Sets forth regulations regarding the initial appointment of
members to the commission.  Requires the commission to employ an executive
director in accordance with Chapter 233, Family Code, as added by this
Act, not later than November 1, 1997.  Sets forth regulations regarding
the transition committee for the commission.  Sets forth regulations for
the development of a plan for the identification and transfer of the
records, personnel, property, and unspent appropriations of the Office of
the Attorney General that are used by that office on the effective date of
this Act to conduct the office's child support enforcement
responsibilities. 

SECTION 13. (a) Provides that on January 1, 1998, or an earlier date as
determined by the transition committee of the commission, the child
support enforcement division of the Office of the Attorney General is
abolished.  Provides that on that date, the powers, duties, obligations,
rights, contracts, records, personnel, property, and unspent
appropriations of the Office of Attorney General identified by the plan
developed by the transition committee of the commission are transferred to
the commission.  Provides that on the date the plan developed by the
transition committee of the commission is implemented under this section,
the transition committee is abolished.   

(b) Makes application of this Act prospective.

(c)  Provides that all complaints, proceedings, and investigations before
the child support enforcement division of the Office of Attorney General
are transferred without change in status to the commission. 

SECTION 14. Requires the commission, on the date a majority of the members
of the commission take office, to assume the duties previously assigned to
the attorney general under Section 231.0011, Family Code.  Requires a
requirement under Section 231.0011, Family Code, that the attorney general
perform a duty by a date specified by that section that the attorney
general has not performed or completed on or before the effective date of
this Act to become a duty of the commission on that date. 

SECTION 15. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Relating Clause.

Amends the relating clause to state "relating to the enforcement and
collection of child support payments. 



 SECTION 1.

Deletes proposed SECTIONS 1-3.

Adds Sections 233.001-233.110, Family Code, to create and provide
regulations for the commission. 

SECTION 2.

Amends Section 102.007, Family Code, to delete a reference to the attorney
general, and replace it with a Title IV-D agency regarding providing Title
IV-D services.  Provides that a Title IV-D agency is not required to
obtain the consent of the attorney general before the agency files an
action under this title. 

SECTION 3.

Amends Section 120.009(d), Family Code, to make a conforming change.

SECTION 4.

Amends Section 231.001, Family Code, to make a conforming change.

SECTION 5.

Amends Sections 231.0011(a)-(g) and (i)-(k), Family Code, to delete a
provision regarding a report by a work group of Title IV-D agency.  Makes
conforming and nonsubstantive changes. 

SECTION 6.

Amends the heading of Section 231.205, Family Code, to make a conforming
change. 

SECTION 7.

Amends Sections 21.007(e) and (f), Government Code,  to make conforming
and nonsubstantive changes. 

SECTION 8.

Amends Sections 466.407(a) and (c), Government Code, to make conforming
changes. 

SECTION 9.

Amends Sections 192.003, Health and Safety Code, to make a conforming
change. 

SECTION 10.

Amends Section 521.044(a), Transportation Code, to make a conforming
change. 

SECTION 11.

Amends Section 2(a), Article 4413(29ee), V.T.C.S., to delete a reference
to the state treasurer and to make a conforming change. 

SECTION 12.

Adds text regarding the initial appointment of members to the commission.


 SECTION 13.

Adds text regarding the abolishment of the child support enforcement
division of the Office of the Attorney General and the transference of its
powers, duties, obligations, rights, contracts, records, personnel,
property, and unspent appropriations to the commission.  Sets forth
regulations regarding the development of a plan by a transition committee
to facilitate this transfer. 

SECTION 14. 

Adds text requiring the commission to assume the certain duties previously
assigned to the attorney general and makes application of this Act
prospective. 

SECTION 15.

Redesignates SECTION 4 as SECTION 15 and provides the effective date.