SRC-SLL C.S.S.B. 1161 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1161
By: Carona
Jurisprudence
4-9-97
Committee Report (Substituted)


DIGEST 

Currently, Title IV-D of the federal Social Security Act provides federal
funding for states that participate in child support enforcement programs.
The Texas Attorney General's Office, the state's designated Title IV-D
agency, established and monitored 35,000 new support orders last year.
All Texas counties are required to establish local registries to receive
and disburse child support payments and maintain official records of those
payments.  Some counties have also established domestic relations offices
that collect and disburse funds and are authorized to enforce orders
against persons owing child support payments.  This bill will authorize
counties to contract with private entities for the collection of child
support payment and provide for the electronic transfer of the support
payments. 

PURPOSE

As proposed, C.S.S.B. 1161 authorizes counties to contract with private
entities for the collection of child support payment and provides for the
electronic transfer of the support payments. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a commissioners court and a domestic
relations office in SECTION 1 (Section 153.003(c)(1), Human Resources
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 10B, Human Resources Code, by adding Chapter 153,
as follows: 

CHAPTER 153.  CHILD SUPPORT COLLECTION BY PRIVATE ENTITY

Sec.  153.001.  APPLICABILITY.  Provides that this chapter applies only to
certain counties. 

Sec.  153.002.  AUTHORITY TO CONTRACT.  Authorizes a county acting through
its commissioners court or domestic relations office to contract with a
private entity to take certain actions. 

Sec.  153.003.  TERMS AND CONDITIONS OF CONTRACT.  Requires the
commissioners court or domestic relations office to include all
appropriate terms and conditions in the contract that it determines are
reasonable to secure the services of a private entity as provided by this
chapter, including certain items. 

Sec.  153.004.  FUNDING.  Authorizes a commissioners court on its behalf
or on behalf of the domestic relations office to charge certain fees in
order to provide or recover the costs of providing services authorized by
this chapter.  Authorizes the commissioners court on its behalf or on
behalf of the domestic relations office to provide, by order, for
reasonable exemptions from the collection of fees and to require payment
of a fee authorized by Subsections (a)(2) and (a)(3) annually and in
advance.  Prohibits a commissioners court from charging a fee under
Subsection (a)(2) if the amount of child support ordered to be paid is
less than the equivalent of $100 per month.  Authorizes the fees
established under Subsection (a) to be collected by any means provided for
the collection of child support.  Authorizes the commissioners court on
its behalf or on behalf of the domestic relations office to provide for
the manner of collection of fees and the apportionment of payments
received to meet fee obligations. 

Sec.  153.005.  CUMULATIVE EFFECT OF CHAPTER.  Provides that a power or
duty conferred on a county, county official, or county instrumentality by
this chapter is cumulative of the powers and duties created or conferred
by other law. 

SECTION 2. Amends Section 154.242(b), Family Code, to require the obligee
to furnish to the local registry the necessary bank account information to
complete electronic payment if the Title IVD agency agrees to accept
electronic payment. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Relating Clause.

Amends the relating clause to state " relating to the authority of certain
counties to contract with private entities for the collection of child
support." 

SECTION 1.

Amends Section 153.001, Human Resources Code, to set forth the
applicability of this chapter.  Redesignates subsequent sections. 

Amends Section 153.002, Human Resources Code, to expand the items for
which a commissioners court or domestic relations office is authorized to
contract with a private entity. 

Amends Section 153.003, Human Resources Code, to change the list of terms
and conditions in a contract between the commissioners court or domestic
relations office and a private entity. 

Amends Section 153.004, Human Resources Code, to authorize the
commissioners court on its behalf or on behalf of the domestic relations
office to take certain actions.  Changes the amount of fees to be charged.
Deletes proposed text regarding a fee being charged to a person already
charged a fee under Section 151.008(a)(1).  Prohibits a fee being charged
to a person in certain circumstances.  Makes conforming and nonsubstantive
changes. 

Amends Section 153.005, Human Resources Code, to delete a proposed
exception. 

SECTION 2.

Amends Section 154.242(b), Family Code, to make nonsubstantive changes.

Deletes proposed SECTION 3, regarding provisions of Chapter 152, Human
Resources Code.  Redesignates subsequent SECTIONS.