By Van de Putte                                 H.B. No. 2036

      75R1575 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the transfer of child support enforcement duties from

 1-3     the Office of the Attorney General and the creation of the Texas

 1-4     Family Support Commission.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle D, Title 5, Family Code, is amended by

 1-7     adding Chapter 233 to read as follows:

 1-8                CHAPTER 233.  TEXAS FAMILY SUPPORT COMMISSION

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

1-10           Sec. 233.001.  DEFINITION.  In this chapter, "commission"

1-11     means the Texas Family Support Commission.

1-12           Sec. 233.002.  COMMISSION.  The Texas Family Support

1-13     Commission is an agency of the state.

1-14           Sec. 233.003.  SUNSET PROVISION.  The Texas Family Support

1-15     Commission is subject to Chapter 325, Government Code (Texas Sunset

1-16     Act).  Unless continued in existence as provided by that chapter,

1-17     the commission is abolished and this chapter expires September 1,

1-18     2009.

1-19           Sec. 233.004.  COMPOSITION OF COMMISSION.  (a)  The

1-20     commission is composed of six members.

1-21           (b)  The members of the commission are appointed by the

1-22     governor with the advice and consent of the senate for staggered

1-23     terms of six years with two members' terms expiring February 1 of

1-24     each odd-numbered year.

 2-1           (c)  The governor shall appoint to the commission:

 2-2                 (1)  at least one person to represent the general

 2-3     public;

 2-4                 (2)  at least one person who is a former or retired

 2-5     judge and has served on a court of this state having jurisdiction

 2-6     of suits affecting the parent-child relationship;

 2-7                 (3)  at least one person who is or has been an advocate

 2-8     for the support of children;

 2-9                 (4)  at least one person who is or has been an employee

2-10     of a county domestic relations office or other county child support

2-11     office or who is an active, former, or retired district clerk of a

2-12     county of this state; and

2-13                 (5)  at least one person who is an attorney actively

2-14     engaged in the practice of family law in this state.

2-15           (d)  Appointments to the commission shall be made without

2-16     regard to the race, color, handicap, sex, religion, age, or

2-17     national origin of the appointees.

2-18           Sec. 233.005.  CONFLICT OF INTEREST.  (a)  An officer,

2-19     employee, or paid consultant of a Texas trade association in the

2-20     field of child support may not be a member of the commission or an

2-21     employee of the commission who is exempt from the state's position

2-22     classification plan or is compensated at or above the amount

2-23     prescribed by the General Appropriations Act for step 1, salary

2-24     group 17, of the position classification salary schedule.

2-25           (b)  A person who is the spouse of an officer, manager, or

2-26     paid consultant of a Texas trade association in the field of child

2-27     support may not be a commission member and may not be a commission

 3-1     employee who is exempt from the state's position classification

 3-2     plan or is compensated at or above the amount prescribed by the

 3-3     General Appropriations Act for step 1, salary group 17, of the

 3-4     position classification salary schedule.

 3-5           (c)  For the purposes of this section, a Texas trade

 3-6     association is a nonprofit, cooperative, and voluntarily joined

 3-7     association of business or professional competitors in this state

 3-8     designed to assist its members and its industry or profession in

 3-9     dealing with mutual business or professional problems and in

3-10     promoting their common interest.  A Texas trade association does

3-11     not include the State Bar of Texas or a nonprofit association or

3-12     corporation that advocates for improvement of the child support

3-13     system and that does not have a contract with the commission.

3-14           (d)  A person may not serve as a member of the commission or

3-15     act as the general counsel to the commission if the person is

3-16     required to register as a lobbyist under Chapter 305, Government

3-17     Code, because of the person's activities for compensation on behalf

3-18     of a profession related to the operation of the commission.

3-19           Sec. 233.006.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a

3-20     ground for removal from the commission if a member:

3-21                 (1)  violates a prohibition established by Section

3-22     233.005;

3-23                 (2)  cannot discharge the member's duties for a

3-24     substantial part of the term for which the member is appointed

3-25     because of illness or disability; or

3-26                 (3)  is absent from more than half of the regularly

3-27     scheduled commission meetings that the member is eligible to attend

 4-1     during a calendar year unless the absence is excused by majority

 4-2     vote of the commission.

 4-3           (b)  The validity of an action of the commission is not

 4-4     affected by the fact that it is taken when a ground for the removal

 4-5     of a commission member exists.

 4-6           (c)  If the executive director has knowledge that a potential

 4-7     ground for removal exists, the executive director shall notify the

 4-8     presiding officer of the commission of the ground.  The presiding

 4-9     officer shall then notify the governor that a potential ground for

4-10     removal exists.

4-11           Sec. 233.007.  PRESIDING OFFICER; MEETINGS; COMPENSATION.

4-12     (a)  The governor shall designate the presiding officer of the

4-13     commission from the membership of the commission.  The presiding

4-14     officer serves in that capacity at the will of the governor.

4-15           (b)  The commission shall hold regular meetings at least

4-16     quarterly and special meetings at the call of the presiding officer

4-17     or as provided by commission rule.  Commission members shall attend

4-18     the meetings of the commission.

4-19           (c)  A member of the commission may not receive compensation

4-20     for service on the commission.  A member is entitled to receive

4-21     reimbursement, subject to any applicable limitation on

4-22     reimbursement provided by the General Appropriations Act, for

4-23     actual and necessary expenses incurred in performing services as a

4-24     member of the commission.

4-25           (d)  The commission shall develop and implement policies that

4-26     provide the public with a reasonable opportunity to appear before

4-27     the commission and to speak on any issue under the jurisdiction of

 5-1     the commission.

 5-2              (Sections 233.008-233.100 reserved for expansion

 5-3                      SUBCHAPTER B.  POWERS AND DUTIES

 5-4           Sec. 233.101.  GENERAL POWERS AND DUTIES.  (a)  The

 5-5     commission may adopt rules for the administration of the

 5-6     commission's powers and duties.

 5-7           (b)  The commission shall perform the duties assigned to the

 5-8     commission under this chapter or other law.

 5-9           (c)  The commission may accept gifts and grants from private

5-10     individuals or public or private foundations or entities, including

5-11     the United States.

5-12           (d)  The commission shall report on the commission's

5-13     activities to the governor annually and to the legislature at each

5-14     regular session.  The commission may make recommendations in a

5-15     report on a matter under the commission's jurisdiction.  The

5-16     commission in its discretion may make any other report.

5-17           (e)  The commission may appoint advisory committees to assist

5-18     the commission in the performance of the commission's duties.  A

5-19     member of an advisory committee appointed by the commission or

5-20     otherwise appointed under this chapter may not receive compensation

5-21     for service on the advisory committee.  A member appointed under

5-22     this chapter is entitled to receive reimbursement, subject to any

5-23     applicable limitation on reimbursement provided by the General

5-24     Appropriations Act, for actual and necessary expenses incurred in

5-25     performing duties as a member of the advisory committee.

5-26           Sec. 233.102.  STRATEGIC PLAN FOR FAMILY SUPPORT SERVICES.

5-27     (a)  The commission shall develop a strategic plan identifying

 6-1     alternatives for the delivery of family support services.

 6-2           (b)  The plan shall be developed in cooperation with domestic

 6-3     relations offices, district clerks, the judiciary, private child

 6-4     support collection agencies, and other interested parties.

 6-5           (c)  At a minimum the plan should consider provisions

 6-6     regarding:

 6-7                 (1)  the development and implementation of

 6-8     self-starting child support monitoring and enforcement mechanisms

 6-9     financed by funds from user fees, state and federal funds, or a

6-10     combination of all three funding sources;

6-11                 (2)  alternatives for the delivery of services that use

6-12     competitive procurement to achieve cost-effective results;

6-13                 (3)  the coordination of services with local public

6-14     child support agencies such as domestic relations offices and

6-15     district clerks;

6-16                 (4)  the development and implementation of parental

6-17     education programs to encourage parental emotional and financial

6-18     support for children after divorce or separation and after the

6-19     establishment of paternity;

6-20                 (5)  the expansion of in-hospital paternity

6-21     establishment programs to all hospital and birthing centers in the

6-22     state;

6-23                 (6)  the expansion of the employer new-hire reporting

6-24     program as provided in Section 231.304 to maximize coverage of

6-25     employers in this state;

6-26                 (7)  the development and implementation of programs to

6-27     promote the use of alternate dispute resolution and mediation to

 7-1     resolve disputes regarding child support and possession of or

 7-2     access to a child between parents or others having a court-ordered

 7-3     relationship with the child; and

 7-4                 (8)  the development of programs to provide a mechanism

 7-5     for the enforcement of orders for possession of or access to

 7-6     children.

 7-7           (d)  This chapter does not require the commission to

 7-8     implement any program or alternative for which funds are not

 7-9     appropriated in accordance with law.

7-10           Sec. 233.103.  VISITATION PROGRAMS.  The commission shall

7-11     administer programs to support and facilitate noncustodial parents'

7-12     access to their children.

7-13           Sec. 233.104.  PERSONNEL.  (a) The commission shall employ an

7-14     executive director, who shall employ other personnel necessary for

7-15     the performance of commission functions.

7-16           (b)  The executive director serves at the will of the

7-17     commission.

7-18           (c)  Employees of the commission who work at the central

7-19     office of the commission as an administrator or as administrative

7-20     staff or who are the administrative heads of a field or regional

7-21     office serve at the will of the executive director.  Attorneys

7-22     employed by the commission serve at the will of the executive

7-23     director.

7-24           (d)  Except as provided by Subsection (c), employees who work

7-25     in the field or in a regional office of the commission may be

7-26     removed only for cause.

7-27           (e)  The commission shall provide to the commission's members

 8-1     and employees, as often as necessary, information regarding their

 8-2     qualifications for office or employment under this chapter and

 8-3     their responsibilities under applicable laws relating to standards

 8-4     of conduct for state officers or employees.

 8-5           (f)  The commission shall develop and implement policies that

 8-6     clearly define the respective responsibilities of the commission

 8-7     and the staff of the commission.

 8-8           Sec. 233.105.  DUTIES OF EXECUTIVE DIRECTOR.  (a)  The

 8-9     executive director shall exercise all rights, powers, and duties

8-10     imposed or conferred by law on the commission unless the right,

8-11     power, or duty is specifically delegated by the commission to the

8-12     commission's agents or employees.

8-13           (b)  The executive director shall prepare and submit to the

8-14     commission for its approval a biennial budget of all funds

8-15     necessary to be appropriated by the legislature to the commission

8-16     to carry out the purposes of this chapter.  The commission shall

8-17     file each budget request in the form and manner and within the time

8-18     prescribed by law.

8-19           Sec. 233.106.  EMPLOYMENT OF ATTORNEYS.  (a)  The commission

8-20     may employ legal counsel to represent the state or the commission

8-21     in civil suits and in appellate proceedings other than before the

8-22     Supreme Court of Texas.

8-23           (b)  An attorney employed by the commission may initiate a

8-24     civil suit for the commission, intervene in pending litigation on

8-25     behalf of the commission, or otherwise represent the commission in

8-26     the courts of this state or in the courts of the United States.

8-27           Sec. 233.107.  CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.

 9-1     (a)  The executive director or the executive director's designee

 9-2     shall develop an intra-agency career ladder program.  The program

 9-3     shall require intra-agency postings of all nonentry level positions

 9-4     concurrently with any public posting.

 9-5           (b)  The executive director or the executive director's

 9-6     designee shall develop a system of annual performance evaluations.

 9-7     All merit pay for commission employees must be based on the system

 9-8     established under this subsection.

 9-9           Sec. 233.108.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

9-10     (a)  The executive director or the executive director's designee

9-11     shall prepare and maintain a written policy statement to assure

9-12     implementation of a program of equal employment opportunity under

9-13     which all personnel transactions are made without regard to race,

9-14     color, handicap, sex, religion, age, or national origin.  The

9-15     policy statement must include:

9-16                 (1)  personnel policies, including policies relating to

9-17     recruitment, evaluation, selection, appointment, training, and

9-18     promotion of personnel;

9-19                 (2)  a comprehensive analysis of the commission

9-20     workforce that meets federal and state guidelines;

9-21                 (3)  procedures by which a determination can be made of

9-22     significant underuse in the commission workforce of all persons for

9-23     whom federal or state guidelines encourage a more equitable

9-24     balance; and

9-25                 (4)  reasonable methods to appropriately address those

9-26     areas of significant underuse.

9-27           (b)  A policy statement prepared under Subsection (a) must

 10-1    cover an annual period, be updated at least annually, and be filed

 10-2    with the governor's office.

 10-3          (c)  The governor's office shall deliver a biennial report to

 10-4    the legislature based on the information received under Subsection

 10-5    (b).  The report may be made separately or as a part of other

 10-6    biennial reports made to the legislature.

 10-7          Sec. 233.109.  FISCAL REPORT.  The commission shall file

 10-8    annually with the governor and the presiding officer of each house

 10-9    of the legislature a complete and detailed written report

10-10    accounting for all funds received and disbursed by the commission

10-11    during the preceding fiscal year.  The annual report must be in the

10-12    form and reported in the time provided by the General

10-13    Appropriations Act.

10-14          Sec. 233.110.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.

10-15    (a)  The commission shall prepare information of public interest

10-16    describing the functions of the commission and the commission's

10-17    procedures by which complaints are filed with and resolved by the

10-18    commission.  The commission shall make the information available to

10-19    the public and appropriate state agencies.

10-20          (b)  The commission shall keep an information file about each

10-21    complaint filed with the commission that the commission has

10-22    authority to resolve.  If a written complaint is filed with the

10-23    commission that the commission has authority to resolve, the

10-24    commission, at least quarterly and until final disposition of the

10-25    complaint, shall notify the parties to the complaint of the status

10-26    of the complaint unless the notice would jeopardize an undercover

10-27    investigation.

 11-1          (c)  The commission shall prepare and maintain a written plan

 11-2    that describes how a person who does not speak English or who has a

 11-3    physical, mental, or developmental disability can be provided

 11-4    reasonable access to the commission's programs.

 11-5          SECTION 2.  Section 102.007, Family Code, is amended to read

 11-6    as follows:

 11-7          Sec. 102.007.  STANDING OF TITLE IV-D AGENCY.  (a)  In

 11-8    providing services authorized by Chapter 231, the Title IV-D agency

 11-9    or a political subdivision contracting with the Title IV-D agency

11-10    [attorney general] to provide Title IV-D services under this title

11-11    may file a child support action authorized under this title,

11-12    including a suit for modification or a motion for enforcement.

11-13          (b)  The Title IV-D agency is not required to obtain the

11-14    consent of the attorney general before the agency files an action

11-15    under this title.

11-16          SECTION 3.  Section 102.009(d), Family Code, is amended to

11-17    read as follows:

11-18          (d)  If the petition requests the establishment,

11-19    modification, or enforcement of a support right assigned to the

11-20    Title IV-D agency under Chapter 231, notice shall be given to the

11-21    Title IV-D agency [attorney general] in a manner provided by Rule

11-22    21a, Texas Rules of Civil Procedure.

11-23          SECTION 4.  Section 231.001, Family Code, is amended to read

11-24    as follows:

11-25          Sec. 231.001.  DESIGNATION OF TITLE IV-D AGENCY.  The Texas

11-26    Family Support Commission [office of the attorney general] is

11-27    [designated as] the state's Title IV-D agency.

 12-1          SECTION 5.  Sections 231.0011(a)-(g) and (i)-(k), Family

 12-2    Code, are amended to read as follows:

 12-3          (a)  The [attorney general, as the] Title IV-D agency for

 12-4    this state has [the State of Texas shall have] final approval

 12-5    authority on any contract or proposal for delivery of Title IV-D

 12-6    services under this section and in coordination with the Texas

 12-7    Judicial Council, the Office of Court Administration of the Texas

 12-8    Judicial System, the federal Office of Child Support Enforcement,

 12-9    and state, county, and local officials, shall develop and implement

12-10    a statewide integrated system for child support and medical support

12-11    enforcement, employing federal, state, local, and private resources

12-12    to:

12-13                (1)  unify child support registry functions;

12-14                (2)  record and track all child support orders entered

12-15    in the state;

12-16                (3)  establish an automated enforcement process which

12-17    will use delinquency monitoring, billing, and other enforcement

12-18    techniques to ensure the payment of current support;

12-19                (4)  incorporate existing enforcement resources into

12-20    the system to obtain maximum benefit from state and federal

12-21    funding;  and

12-22                (5)  ensure accountability for all participants in the

12-23    process, including state, county, and local officials, private

12-24    contractors, and the judiciary.

12-25          (b)  The Title IV-D agency [attorney general] shall convene a

12-26    work group to determine a process and develop a timetable for

12-27    implementation of a unified registry system and to identify any

 13-1    barriers to completion of the project.  The work group shall

 13-2    include representatives of the judiciary, district clerks, and

 13-3    domestic relations offices, as well as other interested agencies,

 13-4    organizations, and individuals.  [The work group shall report the

 13-5    results of its deliberations to the governor, lieutenant governor,

 13-6    speaker of the house of representatives, and attorney general on or

 13-7    before January 15, 1996.]

 13-8          (c)  The Title IV-D agency [attorney general] shall, in

 13-9    cooperation with the work group established by this section,

13-10    develop technical standards for participation in the unified child

13-11    support system, including standard required data elements for

13-12    effective monitoring of child support and medical support orders

13-13    and for the imposition of interest on delinquent child support.

13-14          (d)  Counties and other providers of child support services

13-15    shall be required, as a condition of participation in the unified

13-16    system, to enter into a contract with the Title IV-D agency

13-17    [attorney general], to comply with all federal requirements for the

13-18    Title IV-D program, and to maintain at least the current level of

13-19    funding for activities which are proposed to be included in the

13-20    integrated child support system.

13-21          (e)  The Title IV-D agency [attorney general] shall identify

13-22    federal requirements, apply for necessary federal waivers, and

13-23    provide technical system requirements and other information

13-24    concerning participation in the system to counties and other

13-25    providers of child support services [not later than January 15,

13-26    1996].  Counties shall notify the Title IV-D agency [attorney

13-27    general] of existing resources and options for  participation [not

 14-1    later than May 1, 1996].

 14-2          (f)  The Title IV-D agency [Not later than June 1, 1996, the

 14-3    attorney general] shall produce a procurement and implementation

 14-4    plan for hardware and software necessary to implement in phases a

 14-5    unified statewide registry and enforcement system.

 14-6          (g)  The Title IV-D agency [Effective January 15, 1996, the

 14-7    attorney general] may contract with any county meeting technical

 14-8    system requirements necessary to comply with federal law for

 14-9    provision of Title IV-D services in that county.  All new cases in

14-10    which support orders are entered in such county after the effective

14-11    date of a monitoring contract shall be Title IV-D cases.  Any other

14-12    case in the county, subject to federal requirements and the

14-13    agreement of the county and the Title IV-D agency [attorney

14-14    general], may be included as a Title IV-D case.  Any obligee under

14-15    a support order  may refuse Title IV-D enforcement services unless

14-16    required to accept such services pursuant to other law.

14-17          (i)  The Title IV-D agency [attorney general] shall undertake

14-18    a least-cost review of its child support operations and shall use

14-19    the information developed in such review to determine what, if any,

14-20    contribution of program funds generated through other Title IV-D

14-21    activities should be made to the participating counties.  The Title

14-22    IV-D agency [attorney general], in cooperation with the counties

14-23    and the  federal Office of Child Support Enforcement shall develop

14-24    a cost allocation methodology to assist the counties in identifying

14-25    county contributions which may qualify for federal financial

14-26    participation.

14-27          (j)  The Title IV-D agency [attorney general] may phase in

 15-1    the integrated child support registry and enforcement system, and

 15-2    the requirement to implement the system shall be contingent on the

 15-3    receipt of locally generated funds and federal reimbursement.

 15-4    Locally generated funds include but are not limited to funds

 15-5    contributed by counties and cities.

 15-6          [(k)  The attorney general shall adopt rules to implement

 15-7    this section.]

 15-8          SECTION 6.  The heading of Section 231.205, Family Code, is

 15-9    amended to read as follows:

15-10          Sec. 231.205.  LIMITATIONS ON LIABILITY OF TITLE IV-D AGENCY

15-11    [ATTORNEY GENERAL] FOR AUTHORIZED FEES AND COSTS.

15-12          SECTION 7.  Sections 21.007(e) and (f), Government Code, are

15-13    amended to read as follows:

15-14          (e)  A county commissioners court, statutory county court

15-15    judge, district judge, or court clerk may apply to the presiding

15-16    judges for funds from the account.  After receiving an application,

15-17    the presiding judges may conduct an on-site assessment of the needs

15-18    of the applicant.  Before acting on any other pending applications,

15-19    the presiding judges shall act on applications for funds to employ

15-20    a court master and other judicial employees or to purchase

15-21    equipment necessary to comply with state or federal law relating to

15-22    the Child Support Enforcement Amendments of 1984 (P.L. 98-378).

15-23    All funds expended are subject to audit by the comptroller [of

15-24    public accounts] and the state auditor.  Funds shall be allocated

15-25    among the various administrative judicial regions taking into

15-26    consideration the intent of the legislature that the amount of

15-27    federal funds available under the Title IV-D program of the Social

 16-1    Security Act, as amended, for the collection and enforcement of

 16-2    child support obligations shall be maximized.  The presiding judges

 16-3    may [are given the power to] contract with the Texas Family Support

 16-4    Commission [Office of the Attorney General] and local political

 16-5    subdivisions as may be necessary to achieve this intent.

 16-6          (f)  After approval of an application by the presiding

 16-7    judges, the applicant may be directly reimbursed by the comptroller

 16-8    from the child support and court management account for expenses

 16-9    incurred pursuant to the approved application in accordance with

16-10    this section [Act].  A person paid from funds drawn on the account

16-11    is an employee of the county, and that person's salary may be

16-12    supplemented from other sources, including local or federal funds

16-13    and public or private grants.  Funds allocated for personnel may

16-14    not be used to pay the salary of a district or statutory county

16-15    court judge.  Funds allocated for personnel may be used to pay in

16-16    full or in part the salary of an employee, to supplement the salary

16-17    of an existing employee, or to hire additional personnel.  The

16-18    presiding judges and the Office of Court Administration shall

16-19    cooperate with any state or federal agency to provide for the

16-20    fullest possible supplementation of the account and shall act as

16-21    necessary to qualify account funds for any federal matching funds

16-22    or reimbursement of funds available under the Title IV-D program

16-23    [administered by the attorney general].

16-24          SECTION 8.  Sections 466.407(a) and (c), Government Code, are

16-25    amended to read as follows:

16-26          (a)  The executive director shall deduct the amount of a

16-27    delinquent tax or other money from the winnings of a person who has

 17-1    been finally determined to be:

 17-2                (1)  delinquent in the payment of a tax or other money

 17-3    collected by the comptroller[, the state treasurer,] or the Texas

 17-4    Alcoholic Beverage Commission;

 17-5                (2)  delinquent in making child support payments

 17-6    administered or collected by the Texas Family Support Commission

 17-7    [attorney general];

 17-8                (3)  in default on a loan made under Chapter 52,

 17-9    Education Code; or

17-10                (4)  in default on a loan guaranteed under Chapter 57,

17-11    Education Code.

17-12          (c)  The Texas Family Support Commission [attorney general],

17-13    comptroller, [state treasurer,] Texas Alcoholic Beverage

17-14    Commission, Texas Higher Education Coordinating Board, and Texas

17-15    Guaranteed Student Loan Corporation shall each provide the

17-16    executive director with a report of persons who have been finally

17-17    determined to be delinquent in the payment of a tax or other money

17-18    collected by the agency.  The commission shall adopt rules

17-19    regarding the form and frequency of reports under this subsection.

17-20          SECTION 9.  Section 192.003(g), Health and Safety Code, is

17-21    amended to read as follows:

17-22          (g)  The state registrar shall transmit signed consent forms

17-23    to the Texas Family Support Commission, which  [attorney general

17-24    who] may use such forms for any purpose directly connected with the

17-25    provision of child support services pursuant to Chapter 231, Family

17-26    Code.

17-27          SECTION 10.  Section 521.044(a), Transportation Code, is

 18-1    amended to read as follows:

 18-2          (a)  Information provided on a driver's license application

 18-3    that relates to the applicant's social security number may be used

 18-4    only by the department or disclosed only to:

 18-5                (1)  the Texas Family Support Commission [child support

 18-6    enforcement division of the attorney general's office];  or

 18-7                (2)  another state entity responsible for enforcing the

 18-8    payment of child support.

 18-9          SECTION 11.  Section 2(a), Article 4413(29ee), Revised

18-10    Statutes, is amended to read as follows:

18-11          (a)  A person is eligible for a license to carry a concealed

18-12    handgun if the person:

18-13                (1)  is a legal resident of this state for the

18-14    six-month period preceding the date of application under this

18-15    article;

18-16                (2)  is at least 21 years of age;

18-17                (3)  has not been convicted of a felony;

18-18                (4)  is not charged with the commission of a Class A or

18-19    Class B misdemeanor or an offense under Section 42.01, Penal Code,

18-20    or of a felony under an information or indictment;

18-21                (5)  is not a fugitive from justice for a felony or a

18-22    Class A or Class B misdemeanor;

18-23                (6)  is not a chemically dependent person;

18-24                (7)  is not a person of unsound mind;

18-25                (8)  has not, in the five years preceding the date of

18-26    application, been convicted of a Class A or Class B misdemeanor or

18-27    an offense under Section 42.01, Penal Code;

 19-1                (9)  is fully qualified under applicable federal and

 19-2    state law to purchase a handgun;

 19-3                (10)  has not been finally determined to be delinquent

 19-4    in making a child support payment administered or collected by the

 19-5    Texas Family Support Commission [attorney general];

 19-6                (11)  has not been finally determined to be delinquent

 19-7    in the payment of a tax or other money collected by the

 19-8    comptroller, [state treasurer,] tax collector of a political

 19-9    subdivision of the state, Texas Alcoholic Beverage Commission, or

19-10    any other agency or subdivision of the state;

19-11                (12)  has not been finally determined to be in default

19-12    on a loan made under Chapter 57, Education Code;

19-13                (13)  is not currently restricted under a court

19-14    protective order or subject to a restraining order affecting the

19-15    spousal relationship, not including a restraining order solely

19-16    affecting property interests;

19-17                (14)  has not, in the 10 years preceding the date of

19-18    application, been adjudicated as having engaged in delinquent

19-19    conduct violating a penal law of the grade of felony;  and

19-20                (15)  has not made any material misrepresentation, or

19-21    failed to disclose any material fact, in an application submitted

19-22    pursuant to Section 3 of this article or in a request for

19-23    application submitted pursuant to Section 4 of this article.

19-24          SECTION 12.  (a)  Not later than October 1, 1997, the

19-25    governor shall appoint the initial members of the Texas Family

19-26    Support Commission in accordance with Chapter 233, Family Code, as

19-27    added by this Act.  The governor shall appoint two members for

 20-1    terms expiring February 1, 1999, two members for  terms expiring

 20-2    February 1, 2001, and two members for terms expiring February 1,

 20-3    2003.  The commission may not take action until all six members

 20-4    have taken office.

 20-5          (b)  The Texas Family Support Commission shall employ an

 20-6    executive director in accordance with Chapter 233, Family Code, as

 20-7    added by this Act, not later than November 1, 1997.

 20-8          (c)  On the effective date of this Act,  the transition

 20-9    committee for the Texas Family Support Commission is established.

20-10    The committee shall consist of three members.  The governor shall

20-11    appoint two members of the committee and the attorney general shall

20-12    appoint one member of the committee.  The committee shall be

20-13    responsible for developing a plan for the identification and

20-14    transfer of the records, personnel, property, and unspent

20-15    appropriations of the Office of the Attorney General that are used

20-16    by that office on the effective date of this Act to conduct the

20-17    office's child support enforcement responsibilities.  The plan

20-18    developed under this subsection shall include a provision for the

20-19    transfer of all classified personnel and all field-level exempt

20-20    personnel of the attorney general's child support enforcement

20-21    division, including attorneys, to the Texas Family Support

20-22    Commission.  The plan may also provide for the transfer of other

20-23    management or support personnel that the transition committee

20-24    determines would aid in the administration of the Texas Family

20-25    Support Commission.

20-26          SECTION 13.  (a)  On January 1, 1998, or an earlier date as

20-27    determined by the transition committee of the Texas Family Support

 21-1    Commission, the child support enforcement division of the Office of

 21-2    the Attorney General is abolished.  On that date, the powers,

 21-3    duties, obligations, rights, contracts, records, personnel,

 21-4    property, and unspent appropriations of the Office of the Attorney

 21-5    General identified by the plan developed by the transition

 21-6    committee of the Texas Family Support Commission are transferred to

 21-7    the commission.  On the date the plan developed by the transition

 21-8    committee of the Texas Family Support Commission is implemented

 21-9    under this section, the transition committee is abolished.

21-10          (b)  Notwithstanding the changes in law made by this Act,

21-11    until the date the attorney general's child support enforcement

21-12    division is abolished as provided by this section, the attorney

21-13    general shall continue to exercise the powers and duties assigned

21-14    to the Office of the Attorney General under the law in effect

21-15    before the effective date of this Act, and the former law is

21-16    continued in effect for that purpose.

21-17          (c)  All complaints, proceedings, and investigations before

21-18    the child support enforcement division of the Office of the

21-19    Attorney General are transferred without change in status to the

21-20    Texas Family Support Commission.

21-21          SECTION 14.  On the date a majority of the members of the

21-22    Texas Family Support Commission  take office, the commission shall

21-23    assume the duties previously assigned to the attorney general under

21-24    Section 231.0011, Family Code.  A requirement under Section

21-25    231.0011, Family Code, that the attorney general perform a duty by

21-26    a date specified by that section that the attorney general has not

21-27    performed or completed on or before the effective date of this Act

 22-1    shall become a duty of the Texas Family Support Commission on that

 22-2    date.

 22-3          SECTION 15.  The importance of this legislation and the

 22-4    crowded condition of the calendars in both houses create an

 22-5    emergency and an imperative public necessity that the

 22-6    constitutional rule requiring bills to be read on three several

 22-7    days in each house be suspended, and this rule is hereby suspended,

 22-8    and that this Act take effect and be in force from and after its

 22-9    passage, and it is so enacted.