SRC-JFA S.B. 1594 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1594
By: Haywood
Jurisprudence
4-22-97
As Filed


DIGEST 

During the 74th Legislative Session, many revisions were made to the
Family Code.  In the process, some items were left unclear or contained
wording which needs clarification or refinement in regard to enforcing
child support obligations.  Additionally, the recently passed Federal
Welfare Reform Act and the related federal regulations appear to contain
provisions which should be reflected in state law.  This bill would revise
the Family Code to clarify and refine sections of the code and to include
changes which appear to be federally mandated.    

PURPOSE

As proposed, S.B. 1594 revises the Family Code in regard to the
enforcement and collection of child support.  Additionally, this bill
amends the Family Code to track federal provisions set forth in the
Federal Welfare Reform Act.    

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 110, Family Code, by adding Section 110.006, as
follows: 
  
Sec. 110.006.  DOMESTIC RELATIONS OFFICE OPERATIONS FEE.  Requires the
clerk of the court, if an administering entity of a domestic relations
office adopts an initial operations fee under Section 203.005(a)(1), to
collect the fee at the time the suit is filed and send the fee to the
domestic relations office.   

SECTION 2. Amends Section 154.242(b), Family Code, to authorize, rather
than require, a local registry in a county that makes deposits into
personal bank accounts by electronic funds transfer as of April 1, 1995,
to transmit a child support payment to an obligee by electronic funds
transfer if the obligee maintains a bank account.   

SECTION 3. Amends Section 157.102, Family Code, to authorize the capias to
be forwarded to and disseminated by the Texas Crime Information Center and
the National Crime Information Center.  

SECTION 4. Amends Section 157.211, Family Code, to authorize the terms and
conditions of community supervision, if the court places the respondent on
community supervision and suspends commitment, to include, among other
requirements, the requirement that the respondent pay required child
support and any child support arrearages.  Makes conforming changes.   

SECTION 5. Amends Section 157.261, Family Code, to provide that for the
purposes of this subchapter, interest begins to accrue on the date the
judge signs the order for the judgment unless the order contains a
statement that the order is rendered on another specific date.  Makes a
conforming change.   

SECTION 6. Amends Section 157.268, Family Code, to require child support
collected to be applied in the following order of priority:  current child
support; the principal amount of child  support that has not been
confirmed and reduced to money judgment; the principal amount of child
support that has been confirmed and reduced to money judgment; and
interest of the principal amounts specified in Subdivisions (2) and (3).
Provides that to the extent of any conflict between this section and the
requirements under federal law regarding the order of priority for
applying child support collected, federal law prevails.  Makes conforming
changes.  

SECTION 7. Amends Section 158.104, Family Code, to authorize a request for
issuance of an order or writ of withholding to be filed with the clerk of
the court by, among others, the friend of the court.  

SECTION 8. Amends Section 158.105(b), Family Code, to require the clerk to
attach a copy of Subchapter C, rather than this subchapter, to the order
or writ in order to inform the employer. 

SECTION 9. Amends Section 158.203, Family Code, to require the employer to
include with each payment transmitted certain information.  Makes a
conforming change.   

SECTION 10. Amends Section 202.002(b), Family Code, to authorize, rather
than require, a friend of the court, no later than the 15th day of the
month following the reporting month, to file an action to enforce,
clarify, or modify a court order relating to child support or possession
of or access to a child.  Makes conforming changes.   

SECTION 11. Amends Section 203.004, Family Code, by adding Subsection (c),
to authorize a domestic relations office to hire or contract for the
services of attorneys to assist the office in providing services under
this chapter.   

SECTION 12. Amends Section 203.006(a), Family Code, by requiring the fees
received, among other actions, by a domestic relations office to be
deposited in certain funds.   

SECTION 13. Amends Section 231.0011(g), Family Code, to authorize a county
to contract with the Title IV-D agency for reimbursement of services
without the requirement that all new cases in which support orders are
entered in the county after the effective date of a monitoring contract
shall be Title IV cases.  Makes nonsubstantive changes.  

SECTION 14. Amends Section 231.101, Family Code, by adding Subsection (c),
to require the Title IV-D agency to distribute a child support payment
received by the agency within two working days after the date the agency
receives the payment.   

SECTION 15. Amends Section 32.41(f), Penal Code, to provide that an
offense is a Class B misdemeanor if the check or similar sight order that
was issued or passed for a child support payment the obligation for which
is established under a court order.  Makes conforming changes.  

SECTION 16. (a)  Effective date: September 1, 1997.

(b)  Makes application of Section 110.006, Family Code, as added by this
Act, prospective. 

(c)  Provides that Sections 154.242(b) and 158.203, Family Code, as
amended by this Act, take effect January 1, 1998.   

(d)  Makes application of Section 157.268, Family Code, as amended by this
Act, prospective. 

(e)  Makes application of Section 231.101(c), Family Code, as added by
this Act, prospective.  

(f)  Makes application of Section 32.41(f), Penal Code, as amended by this
Act, prospective. 

SECTION 17. Emergency clause.