By Thompson H.B. No. 2008
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
1-14 (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
4-2 SECTION 5. Section 232.003, Family Code, as added by Chapter
4-3 655, Acts of the 74th Legislature, Regular Session, 1995, is
4-5 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.