SRC-JFA S.B. 1847 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1847
By: Harris
Jurisprudence
5-9-97
As Filed


DIGEST 

Currently, the Office of the Attorney General (OAG) administers the Title
IV-D child support enforcement program.  The Comptroller's Disturbing the
Peace, in issues GG 12 through GG 16, identified several tools and system
efficiencies that could be implemented by OAG to improve performance of
the Title IV-D child support program.  This bill would implement some of
those tools and system efficiencies identified in Disturbing the Peace.   

PURPOSE

As proposed, S.B. 1847 implements tools and systems efficiencies
identified in the Comptroller's Disturbing the Peace to help the Office of
the Attorney General in implementing the Title IV-D child support
enforcement program.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Title IV-D agency in SECTION 16
(Section 157.471(b), Family Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 72C, Government Code, by adding Section 72.028,
as follows: 

Sec. 72.028.  PILOT PROGRAM:  FAMILY LAW CASE PROCEEDING.  Requires the
Office of Court Administration of the Texas Judicial System (office) to
establish a pilot program to improve the efficiency of court processing of
family law cases.  Requires the office to award grants to at least two
counties for the development of pilot program projects during each fiscal
year.  Requires the office to give preference to Bexar and Harris counties
in awarding grants.  Sets forth the requirements that a pilot program
project must have in order to be eligible for a grant.  Requires the
office, as part of the pilot program, to review county assessments of
needs related to processing family law cases and to provide technical
assistance to county and district clerks as requested.  Authorizes the
office to use a reasonable portion of the money appropriated for the pilot
program to defray the costs of administering the program.  Requires the
attorney general and the Department of Protective and Regulatory Services
(DPRS) to cooperate in the development of the pilot program and in the
development and support of the pilot projects.  Requires each state agency
or local government participating in the pilot program to identify all
pilot program parts that qualify for federal financing assistance and seek
that assistance.  Requires the office, by January 15 of each odd-numbered
year, to submit a report regarding the effectiveness of the pilot program
to certain high government officials.  Requires the office to make the
report available to any member of the legislature.   

SECTION 2. Amends Section 157.311, Family Code, to define "court having
continuing jurisdiction."   

SECTION 3. Amends Section 157.312, Family Code, by adding Subsections
(d)-(f), to set forth when a child support lien arises.  Authorizes a
child support lien arising in another state to be enforced in the same
manner and to the same extent as a lien arising in this state.  Provides
that a foreclosure action under this subchapter is not required as a
prerequisite to levy and execution on  judgment or an administrative
determination of arrearage rendered after notice and opportunity for
hearing.  

SECTION 4. Amends Section 157.313, Family Code, to amend Subsection (a),
to require a child support lien to contain, among other items, the amount
of child support arrearages owed by  the obligor and the date of the
rendition of the court order, administrative order, or writ that
determined the arrearages or the date on which and manner in which the
arrearages were determined; and the rate of interest specified in the
court order, administrative order, or writ or, in the absence of a
specified interest rate, the rate provided for by law, rather than
Subchapter F.  Makes conforming changes.  

SECTION 5. Amends Section 157.314, Family Code, to authorize a child
support lien notice or an abstract of judgment for past due child support
to be filed by the claimant with the county clerk of, among other
counties, the county in which the court of continuing jurisdiction sits.
Authorizes a child support lien notice to be filed with clerk of the court
in which a claim, counterclaim, or suit by or on behalf of the obligor is
pending; any other individual or organization believed to be in possession
of real or personal property of the obligor; or any governmental unit or
agency that issues or records certificates, titles, or other indicia of
property.  Makes conforming and nonsubstantive changes.   

SECTION 6. Amends Section 157.316, Family Code, to provide that a child
support lien is perfected, rather than attaches, when an abstract of
judgment for past due child support of  a child support lien notice is
filed with the county clerk as provided by this subchapter.   

SECTION 7  Amends Section 157.317(a), Family Code, to provide that a lien
attaches to all real and personal property not exempt under the Texas
Constitution owned by the obligor on or after the date the lien notice or
abstract of judgment is filed with the county clerk of the county in which
the property is located, with the court clerk as to property or claims in
litigation or, as to property of the obligor in the possession or control
of a third party, from the date the lien notice is filed with that party,
rather than on or after the date the lien attaches.   

SECTION 8. Amends Section 157.318, Family Code, as follows: 

Sec. 157.318.  New heading:  DURATION AND EFFECT OF CHILD SUPPORT LIEN.
Provides that a lien is effective until all current support and child
support arrearages have been paid or the lien is otherwise released as
provided in this subchapter, rather than for 10 years from the date the
notice is recorded in the county clerk's office in the county where the
property of the obligor is located.  Provides that the lien secures
payment of all child support arrearages owed by the obligor pursuant to
the underlying support order, rather than authorizing the lien to be
extended for an additional 10-year period by a certain recording. Provides
that the filing of a lien notice or abstract of judgment with the county
clerk is a record of the notice and has the same effect as any other lien
notice with respect to real property records.   

SECTION 9. Amends Section 157.319, Family Code, as follows: 

Sec. 157.319.  New heading:  EFFECT OF LIEN NOTICE.  Deletes existing
Subsection (a). Deletes text in reference to a lien that has been filed as
provided in this subchapter. Authorizes a person having notice of a child
support lien who violates this section to be joined as a party to a
foreclosure action under this chapter and is subject to the remedies
provided by this subchapter.  Makes conforming changes.   

SECTION 10. Amends Section 157.321, Family Code, to prohibit the release
or return from operating to prevent future action to collect from the same
or other property owned by the obligor. 

SECTION 11. Amends Section 157.322, Family Code, to require the claimant,
under certain conditions, to execute and deliver to the obligor or the
obligor's attorney a release of the child support lien.  Requires the
release of the lien to be effective when filed with the county clerk of
the county where the lien notice or abstract of judgment was filed.
Authorizes a copy of the release of lien to be filed with any other
individual or organization that may have been served with a lien notice
under this subchapter.  Deletes existing Subsections (b)-(e).   

SECTION 12. Amends Section 157.323, Family Code, as follows:

Sec. 157.323.  New heading:  FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
Authorizes an action to foreclose a child support lien or to dispute the
amount of arrearages stated in the lien, in addition to any other remedy
provided by law, to be brought in the court of continuing jurisdiction or,
if there is no court of continuing jurisdiction in this state, in the
district court of the county in which the property is or was located and
the lien was filed. Requires the procedure for a closure action under this
section to be conducted as provided by Subchapter B, except that a person
or organization in possession of property of the obligor may be joined as
an additional respondent.  Requires the court, if arrearages are owed by
the obligor, among other options, to order an individual or organization
in possession of nonexempt personal property or cash owned by the obligor
to dispose of the property as the court may direct.  Makes conforming and
nonsubstantive changes.   

SECTION 13. Amends Section 157.324, Family Code, to provide that a person
who knowingly disposes of property subject to a lien or who, after a
foreclosure hearing, fails to surrender on demand nonexempt personal
property as directed by a court or administrative order under this
subchapter is liable to the claimant in an amount equal to the arrearages
for which the foreclosure judgment was issued.  Makes a conforming change.

SECTION 14. Amends Section 157.325(b), Family Code, to authorize the
holder of the personal property or the obligor, if the claimant refuses
the request, to file suit under this subchapter for an order determining
arrearages and discharging, rather than petition the court of competent
jurisdiction for discharge of, excess personal property or money from the
lien.   

SECTION 15. Amends Section 157.326, Family Code, to authorize a spouse of
an obligor to file an affidavit with the court of continuing, rather than
a court of competent, jurisdiction or, if there is no court of continuing
jurisdiction within this state, in the district court of the county in
which the property is or was located and the lien was filed requesting
that the court determine the extent, if any, of the spouse's interest in
real or personal property that is subject to a lien perfected under this
subchapter; or an action to foreclose under this subchapter.  Requires the
court, after notice to the obligee, among others, to conduct a hearing and
determine the extent of the ownership interest in the property held by the
obligor's spouse.  Requires the court, if the court finds that the
property is jointly owned by the obligor and the obligor's spouse, to
determine whether the sale of the obligor's interest in the property would
result in an unreasonable hardship on the obligor's spouse and family and,
if not, the court shall render an order partitioning the property and
directing that the property be sold and the proceeds applied to the child
support arrearages.  Provides that in a proceeding under this section, the
spouse claiming an ownership interest in the property has the burden to
prove the extent of that ownership interest.  Makes conforming changes.   

SECTION 16. Amends Chapter 157, Family Code, by adding Subchapter J, as
follows: 

SUBCHAPTER J.  SPECIAL ENFORCEMENT METHODS
BY TITLE IV-D AGENCY

Sec. 157.471.  REWARDS FOR INFORMATION.  Authorizes the Title IV-D agency
to offer a reward to an individual who provides information to the agency
that leads to the collection of child support owed by an obligor who is
delinquent in paying support.  Requires the Title IV-D agency to adopt
rules providing for the amounts of rewards offered under this section and
the circumstances under which an individual providing information is
entitled to receive a reward.  Requires a reward paid under this section
to be paid from the child support retained collections account.   

Sec. 157.472.  PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS.  Requires the
Title IV-D agency to develop a program to identify publicly certain child
support obligors who are delinquent in the payment of child support.
Requires the program to include the displaying  of photographs and
profiles of obligors in public and private locations.  Requires the Title
IV-D agency to use posters, the news media, and other cost-effective
methods to display photographs and profiles of certain obligors who are in
arrears in paying child support. Requires the Title IV-D agency to divide
the state into at least six regions for local identification of certain
child support obligors who are delinquent.  Prohibits the Title IV-D
agency from disclosing the information under this section that is by law
required to remain confidential.   

Sec. 157.473.  INFORMATION ON INTERNET.  Requires the Title IV-D agency to
place on the Internet for public access child support information to
assist the public in child support matters.   

SECTION 17. Amends Chapter 231C, Family Code, by adding Section 231.2025,
as follows:  

Sec. 231.2025.  CONTINGENCY FEES.  Authorizes the Title IV-D agency to pay
a contingency fee in contract or agreement between the agency and a
private agency or individual authorized under Section 231.002(c).
Requires the contingency fee to be paid from the funds recovered by the
private agency or individual.  Authorizes the remaining funds recovered by
a private agency or individual after payment of a contingency fee to be
spent for child support enforcement.   

SECTION 18. Amends Section 231.302, Family Code, by amending Subsections
(a), (b), (c), and (e) and by adding Subsection (g), as follows:  

(a)  Authorizes the Title IV-D agency of this or another state, rather
than requiring the Title IV-D agency to attempt to locate a person needed
to establish or enforce a support or medical support obligation, to
request and obtain information relating to the identity, location,
employment, compensation, benefits, income, and property holdings or other
assets of any person from a state or local government agency, private
company, institution, or other entity as necessary to establish, modify,
or enforce a support order.  Makes conforming changes. 

(b)  Requires a government agency, private company, institution, or other
entity to provide the information requested under Subsection (a) and,
subject to safeguards on privacy and information security, to provide the
information in the most efficient and expeditious manner available.
Prohibits any individual or entity disclosing information under this
section in response to a request from a Title IV-D agency from being held
liable in any civil action or proceeding to any person for the disclosure
of information.  

(c)  Provides that to assist in the administration of laws relating to
child support enforcement under Parts A and D of Title IV of the federal
Social Security Act (42 U.S.C. Sections 601 et seq. and 651 et seq.), each
licensing authority responsible for issuing a professional license, a
commercial driver's license, or an occupational license shall require that
the social security number of any applicant for a license be recorded on
the application.  Makes conforming and nonsubstantive changes.   

(e)  Makes conforming changes. 

(g)  Defines "licensing authority."  

SECTION 19. Amends Title 5D, Family Code, by adding Chapter 233, as
follows:   

CHAPTER 233.  COMPETITIVE BIDDING FOR CHILD
SUPPORT COLLECTION SERVICES

Sec. 233.001.  DEFINITION.  Defines "council."  

Sec. 233.002.  POWERS AND DUTIES OF COUNCIL.  Sets forth the required
powers and duties of the State Council on Competitive Government
(council).  Authorizes the powers and duties under this section to be
performed by the members of the council or by employees  of the state
agencies represented by the council members.  Requires the Title IV-D
agency to cooperate with the council if requested by the council.
Requires the council and the attorney general to report to the presiding
officers of each house of the legislature the results of the efforts under
this section by October 1, 1998. 

Sec. 233.004.  CHILD SUPPORT COLLECTION AGREEMENT.  Authorizes the
attorney general or a contractor to enter into an agreement with a person
liable for the payment of child support.  Authorizes the agreement to
relate to any matter that may be adjudicated by a court.   

SECTION 20. Amends Section 521.044, Transportation Code, by adding
Subsections (e) and (f), as follows: 

(e)  Requires the Department of Public Safety (DPS) to include a statement
in all notices to driver's license holders that if a holder is delinquent
in child support payments, the holder should make satisfactory
arrangements with the office of the attorney general to correct such
delinquency.  Authorizes the attorney general, if no contract or
arrangements are made by a delinquent license holder, to commence
procedures to suspend the holder's drive's license. 

(f)  Requires DPS to include performance measures on the percentage of
complete and correct social security numbers on driver's licenses in their
legislative appropriations requests and budgets, in quarterly performance
reports, and in audits of their local DPS offices.   

SECTION 21. Makes application of this Act prospective.

SECTION 22. Emergency clause.
  Effective date:  90 days after adjournment.