75R11816 JMM-D
By Hirschi H.B. No. 2843
Substitute the following for H.B. No. 2843:
By Goodman C.S.H.B. No. 2843
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement and collection of child support;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 110, Family Code, is amended by adding
1-6 Section 110.006 to read as follows:
1-7 Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEE. If
1-8 an administering entity of a domestic relations office adopts an
1-9 initial operations fee under Section 203.005(a)(1), the clerk of
1-10 the court shall collect the fee at the time the suit is filed and
1-11 send the fee to the domestic relations office.
1-12 SECTION 2. Section 154.242(b), Family Code, is amended to
1-13 read as follows:
1-14 (b) A local registry may transmit child support payments to
1-15 the Title IV-D agency by electronic funds transfer if the Title
1-16 IV-D agency agrees to accept electronic payment. An obligor may
1-17 make payments, with the approval of the court entering the order,
1-18 directly to the bank account of the obligee by electronic transfer
1-19 and provide verification of the deposit to the local registry. A
1-20 local registry in a county that makes deposits into personal bank
1-21 accounts by electronic funds transfer as of April 1, 1995, may
1-22 [shall] transmit a child support payment to an obligee by
1-23 electronic funds transfer if the obligee maintains a bank account.
1-24 SECTION 3. Section 157.102, Family Code, is amended to read
2-1 as follows:
2-2 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
2-3 Law enforcement officials shall treat the capias in the same manner
2-4 as an arrest warrant for a criminal offense and shall enter the
2-5 capias in the computer records for outstanding warrants maintained
2-6 by the local police, sheriff, and Department of Public Safety. The
2-7 capias may be forwarded to and disseminated by the Texas Crime
2-8 Information Center and the National Crime Information Center.
2-9 SECTION 4. Section 157.211, Family Code, is amended to read
2-10 as follows:
2-11 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
2-12 court places the respondent on community supervision and suspends
2-13 commitment, the terms and conditions of community supervision may
2-14 include the requirement that the respondent:
2-15 (1) report to the community supervision and
2-16 corrections department officer as directed;
2-17 (2) permit the community supervision and corrections
2-18 department officer to visit the respondent at the respondent's home
2-19 or elsewhere;
2-20 (3) obtain counseling on financial planning, budget
2-21 management, alcohol or drug abuse, or other matters causing the
2-22 respondent to fail to obey the order; [and]
2-23 (4) pay required child support and any child support
2-24 arrearages; and
2-25 (5) pay court costs and attorney's fees ordered by the
2-26 court.
2-27 SECTION 5. Section 157.261, Family Code, is amended to read
3-1 as follows:
3-2 Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A
3-3 child support payment not timely made constitutes a final judgment
3-4 for the amount due and owing, including interest as provided in
3-5 this chapter.
3-6 (b) For the purposes of this subchapter, interest begins to
3-7 accrue on the date the judge signs the order for the judgment
3-8 unless the order contains a statement that the order is rendered on
3-9 another specific date.
3-10 SECTION 6. Section 158.104, Family Code, is amended to read
3-11 as follows:
3-12 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
3-13 WITHHOLDING. A request for issuance of an order or writ of
3-14 withholding may be filed with the clerk of the court by the
3-15 prosecuting attorney, the Title IV-D agency, the friend of the
3-16 court, the obligor, or the obligee.
3-17 SECTION 7. Section 158.105(b), Family Code, is amended to
3-18 read as follows:
3-19 (b) In order to inform the employer, the clerk shall attach
3-20 a copy of Subchapter C [this subchapter] to the order or writ.
3-21 SECTION 8. Section 158.203, Family Code, is amended to read
3-22 as follows:
3-23 Sec. 158.203. REMITTING WITHHELD PAYMENTS. (a) The
3-24 employer shall remit the amount to be withheld to the person or
3-25 office named in the order or writ on each pay date. The payment
3-26 must include the date on which the withholding occurred.
3-27 (b) The employer shall include with each payment
4-1 transmitted:
4-2 (1) the number assigned by the Title IV-D agency, if
4-3 available, the county identification number, if available, or the
4-4 cause number of the suit under which withholding is required;
4-5 (2) the payor's name; and
4-6 (3) the payee's name, unless the payment is
4-7 transmitted by electronic funds transfer.
4-8 SECTION 9. Section 202.002(b), Family Code, is amended to
4-9 read as follows:
4-10 (b) A friend of the court, not later than the 15th day of
4-11 the month following the reporting month[, shall]:
4-12 (1) shall report to the court or monitor reports made
4-13 to the court on:
4-14 (A) the amount of child support collected as a
4-15 percentage of the amount ordered; and
4-16 (B) efforts to ensure compliance with orders
4-17 relating to possession of or access to a child; and
4-18 (2) may file an action to enforce, clarify, or modify
4-19 a court order relating to child support or possession of or access
4-20 to a child.
4-21 SECTION 10. Section 203.004, Family Code, is amended by
4-22 adding Subsection (c) to read as follows:
4-23 (c) A domestic relations office may hire or contract for the
4-24 services of attorneys to assist the office in providing services
4-25 under this chapter.
4-26 SECTION 11. Section 203.006(a), Family Code, is amended to
4-27 read as follows:
5-1 (a) As determined by the administering entity, fees
5-2 collected or received by a domestic relations office shall be
5-3 deposited in:
5-4 (1) the general fund for the county in which the
5-5 domestic relations office is located; or
5-6 (2) the office fund established for the domestic
5-7 relations office.
5-8 SECTION 12. Section 231.0011, Family Code, is amended by
5-9 adding Subsection (m) to read as follows:
5-10 (m) This section does not limit the ability of the Title
5-11 IV-D agency to enter into an agreement with a county for the
5-12 provision of services as authorized under Section 231.002,
5-13 including for cases that are not Title IV-D cases.
5-14 SECTION 13. Section 231.101, Family Code, is amended by
5-15 adding Subsection (c) to read as follows:
5-16 (c) The Title IV-D agency shall distribute a child support
5-17 payment received by the agency from an employer within two working
5-18 days after the date the agency receives the payment.
5-19 SECTION 14. Section 32.41(f), Penal Code, is amended to read
5-20 as follows:
5-21 (f) Except as otherwise provided by this subsection, an [An]
5-22 offense under this section is a Class C misdemeanor. If the check
5-23 or similar sight order that was issued or passed for a child
5-24 support payment the obligation for which is established under a
5-25 court order, the offense is a Class B misdemeanor.
5-26 SECTION 15. (a) Except as otherwise provided by this
5-27 section, this Act takes effect September 1, 1997.
6-1 (b) The change in law made by this Act by the addition of
6-2 Section 110.006, Family Code, applies only to a suit affecting the
6-3 parent-child relationship filed on or after the effective date of
6-4 this Act. A suit filed before the effective date of this Act is
6-5 governed by the law in effect on the date the suit was filed, and
6-6 the former law is continued in effect for that purpose.
6-7 (c) The change in law made by this Act to Sections
6-8 154.242(b) and 158.203, Family Code, as amended by this Act, takes
6-9 effect January 1, 1998.
6-10 (d) The change in law made by this Act by the addition of
6-11 Section 231.101(c), Family Code, applies only to a child support
6-12 payment made on or after October 1, 1999, or the date the state
6-13 disbursement unit begins to operate, whichever date is earlier. A
6-14 child support payment made before that date is governed by the law
6-15 in effect on the date the payment was made, and the former law is
6-16 continued in effect for that purpose.
6-17 (e) The change in law made by this Act to Section 32.41(f),
6-18 Penal Code, as amended by this Act, applies only to an offense
6-19 committed on or after the effective date of this Act. For purposes
6-20 of this subsection, an offense is committed before the effective
6-21 date of this Act if any element of the offense occurs before that
6-22 date. An offense committed before the effective date of this Act
6-23 is governed by the law in effect when the offense was committed,
6-24 and the former law is continued in effect for that purpose.
6-25 SECTION 16. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.