By Thompson H.B. No. 2269
75R6775 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of a child support order by contempt
1-3 and suspension of a license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 157.001, Family Code, is amended by
1-6 adding Subsection (e) to read as follows:
1-7 (e) A motion for enforcement may request suspension of a
1-8 license under Chapter 232.
1-9 SECTION 2. Section 157.002(b), Family Code, is amended to
1-10 read as follows:
1-11 (b) A motion for enforcement of child support:
1-12 (1) must include the amount owed as provided in the
1-13 order, the amount paid, and the amount of arrearages;
1-14 (2) if contempt is requested, must include the portion
1-15 of the order allegedly violated and, for each date of alleged
1-16 contempt, the amount due and the amount paid, if any;
1-17 (3) if suspension of a license is requested in a
1-18 motion for contempt, must include a request to suspend all
1-19 appropriate licenses under Chapter 232; and
1-20 (4) [(3)] may include as an attachment a copy of a
1-21 record of child support payments maintained by the Title IV-D
1-22 registry or a local registry.
1-23 SECTION 3. Subchapter A, Chapter 157, Family Code, is
1-24 amended by adding Section 157.009 to read as follows:
2-1 Sec. 157.009. FILING FEES. A court may not charge a fee,
2-2 other than a filing fee, before a hearing on a motion for contempt.
2-3 SECTION 4. Section 157.061, Family Code, is amended by
2-4 adding Subsection (d) to read as follows:
2-5 (d) If the motion for enforcement requests suspension of a
2-6 license, the court shall follow the procedures under Chapter 232
2-7 for suspending a license.
2-8 SECTION 5. Subchapter D, Chapter 157, Family Code, is
2-9 amended by adding Section 157.169 to read as follows:
2-10 Sec. 157.169. LIABILITY FOR OBLIGOR'S ATTORNEY'S FEES AND
2-11 COSTS. If the court finds that an obligee's motion for contempt is
2-12 without reasonable foundation, the court shall order the obligee to
2-13 pay the obligor's reasonable attorney's fees and all court costs
2-14 incurred in defending the motion.
2-15 SECTION 6. Section 232.003, Family Code, as added by Chapter
2-16 751, Acts of the 74th Legislature, Regular Session, 1995, is
2-17 amended to read as follows:
2-18 Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the
2-19 Title IV-D agency may issue an order suspending a license as
2-20 provided by this chapter if an obligor[:]
2-21 [(1)] has an arrearage equal to or greater than the
2-22 total support due for 90 days under a support order[;]
2-23 [(2) has been provided an opportunity to make payments
2-24 toward the child support arrearage under an agreed or court-ordered
2-25 repayment schedule; and]
2-26 [(3) has failed to comply with the repayment
2-27 schedule].
3-1 (b) A court may issue an order suspending a license as
3-2 provided by this chapter if the court finds the obligor is in
3-3 contempt of court for violating a child support order.
3-4 SECTION 7. Section 232.004, Family Code, is amended by
3-5 amending Subsection (a) and adding Subsection (e) to read as
3-6 follows:
3-7 (a) An [A child support agency or] obligee may file a
3-8 petition to suspend a license.
3-9 (e) A child support agency shall file a petition to suspend
3-10 a license of an obligor if:
3-11 (1) effective September 1, 1998, the obligor has an
3-12 arrearage of not less than $10,000 under a child support order;
3-13 (2) effective September 1, 1999, the obligor has an
3-14 arrearage that is not less than the total amount of child support
3-15 due for 12 months under a support order; and
3-16 (3) effective September 1, 2000, the obligor has an
3-17 arrearage that is not less than the total amount of child support
3-18 due for six months under a support order.
3-19 SECTION 8. Section 232.007, Family Code, is amended by
3-20 adding Subsection (d) to read as follows:
3-21 (d) A hearing on suspension of a license requested in a
3-22 motion to enforce under Chapter 157 shall be scheduled not earlier
3-23 than the 10th day and not later than the 90th day after the date of
3-24 a hearing on a motion for contempt.
3-25 SECTION 9. Section 232.008, Family Code, is amended by
3-26 adding Subsection (f) to read as follows:
3-27 (f) If the court or Title IV-D agency renders an order
4-1 suspending a license, the court or Title IV-D agency may order the
4-2 obligor to reimburse the obligee for any filing fee incurred by the
4-3 obligee in obtaining the suspension.
4-4 SECTION 10. Chapter 232, Family Code, is amended by adding
4-5 Section 232.017 to read as follows:
4-6 Sec. 232.017. OCCUPATIONAL DRIVER'S LICENSE. An obligor
4-7 whose driver's license is suspended under this chapter may petition
4-8 for an occupational driver's license under Subchapter L, Chapter
4-9 521, Transportation Code.
4-10 SECTION 11. Section 521.242, Transportation Code, is amended
4-11 by adding Subsection (e) to read as follows:
4-12 (e) Notwithstanding Subsection (a), a person whose license
4-13 is suspended under Chapter 232, Family Code, may apply for an
4-14 occupational license only by filing a petition:
4-15 (1) with the court that issued the order suspending
4-16 the license; or
4-17 (2) if the Title IV-D agency issued the order
4-18 suspending the license, with the court in the county in which the
4-19 person resides.
4-20 SECTION 12. Section 521.243, Transportation Code, is amended
4-21 by adding Subsection (c) to read as follows:
4-22 (c) If the Title IV-D agency issued an order suspending the
4-23 person's driver's license, the court must obtain a copy of the
4-24 Title IV-D agency's order suspending the license before a hearing
4-25 on the petition.
4-26 SECTION 13. Section 232.003, Family Code, as added by
4-27 Chapter 655, Acts of the 74th Legislature, Regular Session, 1995,
5-1 is repealed.
5-2 SECTION 14. This Act takes effect January 1, 1998.
5-3 SECTION 15. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.