By Thompson                                     H.B. No. 2008

      75R2681 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the enforcement of child support.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 157,  Family Code, is amended by adding

 1-5     Subchapter J to read as follows:

 1-6               SUBCHAPTER J.  FRAUDULENT TRANSFER OF PROPERTY

 1-7           Sec. 157.501.  FRAUDULENT TRANSFER OF PROPERTY BY OBLIGOR.

 1-8     (a)  If an obligor transfers title to real or personal property at

 1-9     any time when the obligor owes a child support arrearage equal to

1-10     or greater than the total amount of support due for 90 days under a

1-11     support order, the transfer is void if the obligor received less

1-12     than the fair market value of the property in exchange for the

1-13     transfer.

1-14           (b)  A transfer under this section is not void if the

1-15     transferee did not have notice that the obligor's child support

1-16     obligation was in arrears.

1-17           Sec. 157.502.  ACTION TO VOID TRANSFER.  In an action to void

1-18     transfer under this subchapter, the obligee seeking to void the

1-19     transfer has the burden of proving that:

1-20                 (1)  the obligor received less than the fair market

1-21     value of the property in exchange for the transfer of title; and

1-22                 (2)  the transferee had notice of the obligor's child

1-23     support obligation.

1-24           SECTION 2.  Section 231.007(d), Family Code, is amended to

 2-1     read as follows:

 2-2           (d)  A person in debt to the state as provided by this

 2-3     section may eliminate the person's debt by[:]

 2-4                 [(1)]  paying the entire amount of the debt[; or]

 2-5                 [(2)  resolving the debt in a manner acceptable to the

 2-6     Title IV-D agency].

 2-7           SECTION 3.  (a)  Subchapter B, Chapter 231, Family Code, is

 2-8     amended to conform to Section 5.02, Chapter 655, Acts of the 74th

 2-9     Legislature, Regular Session, 1995, by adding Section 231.115 to

2-10     read as follows:

2-11           Sec. 231.115.  UNEMPLOYED NONCUSTODIAL PARENTS.  (a)  The

2-12     Title IV-D agency shall refer to appropriate state and local

2-13     entities that assist unemployed noncustodial parents in gaining

2-14     employment any unemployed noncustodial parent who is in arrears in

2-15     court-ordered child support payments to a child who:

2-16                 (1)  receives financial assistance under Chapter 31,

2-17     Human Resources Code; or

2-18                 (2)  is otherwise eligible to receive financial

2-19     assistance under Chapter 31, Human Resources Code, and for whom the

2-20     Department of Protective and Regulatory Services is providing

2-21     substitute care.

2-22           (b)  A referral under Subsection (a) may include:

2-23                 (1)  skills training and job placement through:

2-24                       (A)  the Texas Workforce Commission; or

2-25                       (B)  the agency responsible for the food stamp

2-26     employment and training program (7 U.S.C. Section 2015(d));

2-27                 (2)  referrals to education and literacy classes; and

 3-1                 (3)  counseling regarding:

 3-2                       (A)  substance abuse;

 3-3                       (B)  parenting skills;

 3-4                       (C)  life skills; and

 3-5                       (D)  mediation techniques.

 3-6           (c)  The Title IV-D agency shall require an unemployed

 3-7     noncustodial parent to complete the training, classes, or

 3-8     counseling the parent is referred to under this section.  The

 3-9     agency shall suspend under Chapter 232  the license of a parent who

3-10     fails to comply with the requirements of this subsection.

3-11           (b)  Section 76.012, Human Resources Code, as added by

3-12     Section 5.02, Chapter 655, Acts of the 74th Legislature, Regular

3-13     Session, 1995, is repealed to conform to the transfer of Chapter

3-14     76, Human Resources Code, to the Family Code by Chapter 20, Acts of

3-15     the 74th Legislature, Regular Session, 1995.

3-16           SECTION 4.  Section 232.003, Family Code, as added by Chapter

3-17     751, Acts of the 74th Legislature, Regular Session, 1995, is

3-18     amended to read as follows:

3-19           Sec. 232.003.  SUSPENSION OF LICENSE.  A court or the Title

3-20     IV-D agency may issue an order suspending a license as provided by

3-21     this chapter if an obligor[:]

3-22                 [(1)]  has an arrearage equal to or greater than the

3-23     total support due for 90 days under a support order[;]

3-24                 [(2)  has been provided an opportunity to make payments

3-25     toward the child support arrearage under an agreed or court-ordered

3-26     repayment schedule; and]

3-27                 [(3)  has failed to comply with the repayment

 4-1     schedule].

 4-2           SECTION 5.  Section 232.003, Family Code, as added by Chapter

 4-3     655, Acts of the 74th Legislature, Regular Session, 1995, is

 4-4     repealed.

 4-5           SECTION 6.  Title 132, Revised Statutes, is amended by adding

 4-6     Article 9011 to read as follows:

 4-7           Art. 9011.  USE OF SOCIAL SECURITY NUMBER IN AN APPLICATION

 4-8     FOR AN OCCUPATIONAL LICENSE

 4-9           Sec. 1.  SOCIAL SECURITY NUMBER REQUIREMENT.  An occupational

4-10     regulatory agency shall require an applicant for an occupational

4-11     license to provide the applicant's social security number on the

4-12     application for a license.

4-13           Sec. 2.  USE OF SOCIAL SECURITY NUMBER.  Information provided

4-14     on an occupational license application that relates to the

4-15     applicant's social security number may be used by the occupational

4-16     regulatory agency and disclosed to:

4-17                 (1)  the child support enforcement division of the

4-18     attorney general's office; or

4-19                 (2)  another state entity responsible for enforcing the

4-20     payment of child support.

4-21           Sec. 3.  DISCLOSURE TO STATE ENTITY RESPONSIBLE FOR CHILD

4-22     SUPPORT.  On the request of a state entity responsible for

4-23     investigating or enforcing the payment of child support, the

4-24     occupational regulatory agency shall disclose information regarding

4-25     an applicant's social security number.  Information disclosed under

4-26     this article may be used by a state entity responsible for

4-27     enforcing the payment of child support only as necessary to

 5-1     implement that responsibility.

 5-2           Sec. 4.  DEFINITIONS.  In this article:

 5-3                 (1)  "License" means a license, certificate,

 5-4     registration, permit, or other authorization issued by an

 5-5     occupational regulatory agency that a person must obtain to perform

 5-6     an occupation regulated by the agency.

 5-7                 (2)  "Occupational regulatory agency" means a state

 5-8     agency that licenses or otherwise issues an official credential to

 5-9     a person under which the person is authorized to perform an

5-10     occupation that is regulated on a statewide basis.

5-11           SECTION 7.  This Act takes effect September 1, 1997.

5-12           SECTION 8.  The importance of this legislation and the

5-13     crowded condition of the calendars in both houses create an

5-14     emergency and an imperative public necessity that the

5-15     constitutional rule requiring bills to be read on three several

5-16     days in each house be suspended, and this rule is hereby suspended.