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.