1-1 AN ACT
1-2 relating to local court processing for child support cases and to
1-3 enforcement of child support orders; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 157.311, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 157.311. Definitions. In this subchapter:
1-8 (1) "Claimant" means:
1-9 (A) the obligee or a private attorney
1-10 representing the obligee;
1-11 (B) the Title IV-D agency providing child
1-12 support services;
1-13 (C) a domestic relations office or local
1-14 registry; or
1-15 (D) an attorney appointed as a friend of the
1-16 court.
1-17 (2) "Court having continuing jurisdiction" is the
1-18 court of continuing, exclusive jurisdiction in this state or a
1-19 tribunal of another state having jurisdiction under the Uniform
1-20 Interstate Family Support Act or a substantially similar act.
1-21 (3) "Lien" means a child support lien.
1-22 SECTION 2. Section 157.312, Family Code, is amended by
1-23 adding Subsections (d)-(f) to read as follows:
1-24 (d) A child support lien arises:
2-1 (1) by operation of law against real and personal
2-2 property of an obligor for all amounts of overdue support,
2-3 regardless of whether the amounts have been adjudicated or
2-4 otherwise determined, subject to the requirements of this
2-5 subchapter for recording and notice; or
2-6 (2) when a court having continuing jurisdiction or, in
2-7 Title IV-D cases, the Title IV-D agency determines an amount of
2-8 arrearage owed by a child support obligor.
2-9 (e) A child support lien arising in another state may be
2-10 enforced in the same manner and to the same extent as a lien
2-11 arising in this state.
2-12 (f) A foreclosure action under this subchapter is not
2-13 required as a prerequisite to levy and execution on a judgment or
2-14 an administrative determination of arrearage rendered after notice
2-15 and opportunity for hearing.
2-16 SECTION 3. Section 157.313(a), Family Code, is amended to
2-17 read as follows:
2-18 (a) A child support lien notice must contain:
2-19 (1) the style, docket number, and identity of the
2-20 court having continuing jurisdiction of the child support action;
2-21 (2) the name, address, and, if available, the birth
2-22 date, driver's license number, and social security number of the
2-23 obligor;
2-24 (3) the name and social security number, if available,
2-25 of the obligee and the child;
2-26 (4) the amount of child support arrearages owed by the
2-27 obligor and the date of the rendition of the court order,
3-1 administrative order, or [issuance of the] writ that determined the
3-2 arrearages or the date and manner in which the arrearages were
3-3 determined;
3-4 (5) the rate of interest specified in the court order,
3-5 administrative order, or writ or, in the absence of a specified
3-6 interest rate, the rate provided for by law [Subchapter F]; and
3-7 (6) the name and address of the person or agency
3-8 asserting the lien [to whom the payment of the child support
3-9 arrearages shall be made].
3-10 SECTION 4. Section 157.314, Family Code, is amended to read
3-11 as follows:
3-12 Sec. 157.314. Filing Lien Notice or Abstract of Judgment.
3-13 (a) A child support lien notice or an abstract of judgment for
3-14 past due child support may be filed by the claimant with the county
3-15 clerk of:
3-16 (1) [the county clerk of] any county in which the
3-17 obligor is believed to own nonexempt real or personal property;
3-18 (2) [or in] the county in which the obligor resides;
3-19 or
3-20 (3) the county in which the court having continuing
3-21 jurisdiction has venue of the suit affecting the parent-child
3-22 relationship.
3-23 (b) A child support lien notice may be filed with:
3-24 (1) [(2)] the clerk of the court in which a claim,
3-25 counterclaim, or suit by or on behalf of the obligor, including a
3-26 claim or potential right to proceeds from an estate as an heir,
3-27 beneficiary, or creditor, is pending, provided that a copy of the
4-1 lien is mailed to the attorney of record for the obligor, if any;
4-2 [or]
4-3 (2) [(3)] an attorney who represents the obligor in a
4-4 claim or counterclaim that has not been filed with a court;
4-5 (3) any other individual or organization believed to
4-6 be in possession of real or personal property of the obligor; or
4-7 (4) any governmental unit or agency that issues or
4-8 records certificates, titles, or other indicia of property
4-9 ownership.
4-10 SECTION 5. Section 157.316, Family Code, is amended to read
4-11 as follows:
4-12 Sec. 157.316. Perfection of Child Support Lien. A child
4-13 support lien is perfected [attaches] when an abstract of judgment
4-14 for past due child support or a child support lien notice is filed
4-15 with the county clerk as provided by this subchapter.
4-16 SECTION 6. Section 157.317(a), Family Code, is amended to
4-17 read as follows:
4-18 (a) A lien attaches to all real and personal property not
4-19 exempt under the Texas Constitution, including a claim for
4-20 negligence, personal injury, or workers' compensation, or an
4-21 insurance award for the claim, owned by the obligor on or after the
4-22 date the lien notice or abstract of judgment is filed with the
4-23 county clerk of the county in which the property is located, with
4-24 the court clerk as to property or claims in litigation or, as to
4-25 property of the obligor in the possession or control of a third
4-26 party, from the date the lien notice is filed with that party
4-27 [attaches].
5-1 SECTION 7. Section 157.318, Family Code, is amended to read
5-2 as follows:
5-3 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
5-4 (a) A lien is effective until all current support and child
5-5 support arrearages, including interest, have been paid or the lien
5-6 is otherwise released as provided in this subchapter [for 10 years
5-7 from the date the notice is recorded in the county clerk's office
5-8 in the county where the property of the obligor is located].
5-9 (b) The lien secures payment of all child support arrearages
5-10 owed by the obligor under the underlying support order, including
5-11 arrearages that accrue after the administrative or judicial
5-12 determination of arrearages stated in the lien [may be extended for
5-13 an additional 10-year period by recording a lien notice before the
5-14 tenth anniversary of the date of the original recording of the]
5-15 notice.
5-16 (c) The filing of a lien notice or abstract of judgment with
5-17 the county clerk is a record of the notice and has the same effect
5-18 as any other lien notice with respect to real property records.
5-19 SECTION 8. Section 157.319, Family Code, is amended to read
5-20 as follows:
5-21 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
5-22 (a) [The filing of a lien notice is a record of the notice.]
5-23 [(b)] If [a lien has been filed as provided in this
5-24 subchapter and] a person having notice of the lien possesses
5-25 nonexempt personal property of the obligor that may be subject to
5-26 the lien, the property may not be paid over, released, sold,
5-27 transferred, encumbered, or conveyed unless:
6-1 (1) a release of lien signed by the claimant is
6-2 delivered to the person in possession; or
6-3 (2) a court, after notice to the claimant and hearing,
6-4 has ordered the release of the lien because arrearages do not
6-5 exist.
6-6 (b) A person having notice of a child support lien who
6-7 violates this section may be joined as a party to a foreclosure
6-8 action under this chapter and is subject to the remedies provided
6-9 by this subchapter.
6-10 SECTION 9. Section 157.321, Family Code, is amended to read
6-11 as follows:
6-12 Sec. 157.321. Discretionary Release of Lien. A claimant may
6-13 at any time release a lien on all or part of the property of the
6-14 obligor or return seized property, without liability, if assurance
6-15 of payment is considered adequate by the claimant or if the release
6-16 or return will facilitate the collection of the arrearages. The
6-17 release or return may not operate to prevent future action to
6-18 collect from the same or other property owned by the obligor.
6-19 SECTION 10. Sections 157.322(a) and (b), Family Code, are
6-20 amended to read as follows:
6-21 (a) On payment in full of the amount of child support due,
6-22 together with any costs and reasonable attorney's fees, the
6-23 claimant shall execute and deliver to the obligor or the obligor's
6-24 attorney a release of the child support lien.
6-25 (b) The release of lien is effective when filed with the
6-26 county clerk with whom the lien notice or abstract of judgment was
6-27 filed. A copy of the release of lien may be filed with any other
7-1 individual or organization that may have been served with a lien
7-2 notice under this subchapter [A child support lien release shall
7-3 be filed in the same manner as the notice of lien].
7-4 SECTION 11. Section 157.323, Family Code, is amended to
7-5 read as follows:
7-6 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
7-7 (a) In addition to any other remedy provided by law [When a lien
7-8 notice has been filed under this subchapter], an action to
7-9 foreclose a child support lien or to dispute the amount of
7-10 arrearages stated in the lien [on nonexempt real or personal
7-11 property] may be brought in the court of continuing jurisdiction
7-12 or, if there is no court of continuing jurisdiction in this state,
7-13 in the district court of the county in which the property is or was
7-14 located and the lien was filed.
7-15 (b) The procedures provided by Subchapter B apply to a
7-16 foreclosure action under this section, except that a person or
7-17 organization in possession of property of the obligor may be joined
7-18 as an additional respondent.
7-19 (c) If [After notice to the obligor and the claimant, the
7-20 court shall conduct a hearing and, if] arrearages are owed by the
7-21 obligor, the court shall:
7-22 (1) render judgment against the obligor for the amount
7-23 due, plus costs and reasonable attorney's fees; [and]
7-24 (2) order any official authorized to levy execution to
7-25 satisfy the lien, costs, and attorney's fees by selling any
7-26 property on which a lien is established under this subchapter; or
7-27 (3) order an individual or organization in possession
8-1 of nonexempt personal property or cash owned by the obligor to
8-2 dispose of the property as the court may direct.
8-3 (d) For execution and sale [(c) In all sales contemplated]
8-4 under this section, publication of notice is necessary only for
8-5 three consecutive weeks in a newspaper published in the county
8-6 where the property is located or, if there is no newspaper in that
8-7 county, in the most convenient newspaper in circulation in the
8-8 county.
8-9 SECTION 12. Section 157.324, Family Code, is amended to
8-10 read as follows:
8-11 Sec. 157.324. Liability for Failure to Comply With Order or
8-12 Lien. A person who knowingly disposes of property subject to a
8-13 lien or who, after a foreclosure hearing, fails to surrender on
8-14 demand nonexempt personal property as directed by a court or
8-15 administrative order [seized] under this subchapter is liable to
8-16 the claimant in an amount equal to the arrearages for which the
8-17 foreclosure judgment was issued.
8-18 SECTION 13. Section 157.325(b), Family Code, is amended to
8-19 read as follows:
8-20 (b) If the claimant refuses the request, the holder of the
8-21 personal property or the obligor may file suit under this
8-22 subchapter for an order determining the amount of arrearages and
8-23 discharging [petition the court of competent jurisdiction for
8-24 discharge of] excess personal property or money from the lien.
8-25 SECTION 14. Section 157.326, Family Code, is amended to
8-26 read as follows:
8-27 Sec. 157.326. Interest of Obligor's Spouse. (a) A spouse
9-1 of an obligor may file an affidavit with the [a] court of
9-2 continuing [competent] jurisdiction or, if there is no court of
9-3 continuing jurisdiction in this state, in the district court of the
9-4 county in which the property is or was located and the lien was
9-5 filed requesting that the court determine the extent, if any, of
9-6 the spouse's interest in real or personal property that is subject
9-7 to:
9-8 (1) a lien perfected under this subchapter; or
9-9 (2) an action to foreclose under this subchapter.
9-10 (b) After notice to the obligor, the obligor's spouse, [and]
9-11 the claimant, and the obligee, the court shall conduct a hearing
9-12 and determine the extent, if any, of the ownership interest in the
9-13 property held by the obligor's spouse. If the court finds that:
9-14 (1) the property is the separate property of the
9-15 obligor's spouse, the court shall order that the lien against the
9-16 property be released and that any action to foreclose on the
9-17 property be dismissed; or
9-18 (2) the property is jointly owned by the obligor and
9-19 the obligor's spouse, the court shall determine whether the sale of
9-20 the obligor's interest in the property would result in an
9-21 unreasonable hardship on the obligor's spouse or family and:
9-22 (A) if so, the court shall render an order that
9-23 the obligor's interest in the property not be sold and that the
9-24 lien against the property should be released; or
9-25 (B) if not, the court shall render an order
9-26 partitioning the property and directing that the property be sold
9-27 and the proceeds applied to the child support arrearages
10-1 [consistent with the provisions of this subchapter].
10-2 (c) In a proceeding under this section, [subsection in
10-3 which] the spouse claiming [of the obligor claims by affidavit] an
10-4 ownership interest in the property[, the claimant] has the burden
10-5 to prove the extent of that [the obligor's] ownership interest.
10-6 SECTION 15. Section 158.210(b), Family Code, is amended to
10-7 read as follows:
10-8 (b) A fine recovered under this section shall be paid to the
10-9 county in which the obligee resides and shall be used by the county
10-10 to improve child support services [obligee and credited against any
10-11 amounts owed by the obligor].
10-12 SECTION 16. Subchapter A, Chapter 231, Family Code, is
10-13 amended by adding Sections 231.0012 and 231.0013 to read as
10-14 follows:
10-15 Sec. 231.0012. CHILD SUPPORT ENFORCEMENT MANAGEMENT. The
10-16 person appointed by the attorney general as the person responsible
10-17 for managing the Title IV-D agency's child support enforcement
10-18 duties shall report directly to the attorney general.
10-19 Sec. 231.0013. DEDICATION OF FUNDS. Appropriations made to
10-20 the Title IV-D agency for child support enforcement may be expended
10-21 only for the purposes for which the money was appropriated.
10-22 SECTION 17. Subchapter A, Chapter 231, Family Code, is
10-23 amended by adding Section 231.010 to read as follows:
10-24 Sec. 231.010. CASE PROCESSING PILOT PROGRAM. (a) As part
10-25 of the development of a statewide integrated system for child
10-26 support and medical support enforcement under Section 231.0011, the
10-27 Title IV-D agency shall establish a pilot program to improve the
11-1 efficiency of court processing of family welfare cases, including
11-2 child support, medical support, and foster care cases. The Title
11-3 IV-D agency shall consult with the Department of Protective and
11-4 Regulatory Services in establishing the pilot program with respect
11-5 to the processing of foster care cases.
11-6 (b) The Title IV-D agency shall identify at least two
11-7 counties that have a population of more than one million and that
11-8 are voluntarily participating in the statewide integrated system
11-9 under Section 231.0011 for the development and establishment of
11-10 pilot programs during each fiscal year of the 1998-1999 biennium.
11-11 A county shall be selected on the basis of the county's ability to
11-12 achieve the automation goals of the pilot program.
11-13 (c) A pilot program must include processes for:
11-14 (1) electronic case filing;
11-15 (2) automated reporting of appropriate orders to the
11-16 state case registry required under 42 U.S.C. Section 654a;
11-17 (3) automated case tracking;
11-18 (4) automated child support delinquency monitoring;
11-19 and
11-20 (5) automated statistical reporting to the state case
11-21 registry.
11-22 (d) The pilot program authorized under this section shall be
11-23 developed and implemented in cooperation with representatives of
11-24 the counties identified under Subsection (b), including
11-25 representatives of the county's judiciary.
11-26 (e) As part of the pilot program, the Title IV-D agency
11-27 shall review county assessments of needs related to processing
12-1 child support, medical support, and foster care cases and shall
12-2 provide technical assistance to county and district clerks as
12-3 requested.
12-4 (f) The Title IV-D agency shall provide funding for the
12-5 pilot program from funds appropriated to operate the agency and
12-6 from any available federal funds.
12-7 (g) Not later than January 15, 1999, the agency shall submit
12-8 a report regarding the status of the pilot program to the governor,
12-9 the lieutenant governor, the speaker of the house of
12-10 representatives, and the comptroller. On request, the Title IV-D
12-11 agency shall make the report available to any member of the
12-12 legislature.
12-13 SECTION 18. Subchapter B, Chapter 231, Family Code, is
12-14 amended by adding Section 231.116 to read as follows:
12-15 Sec. 231.116. INFORMATION ON INTERNET. The Title IV-D
12-16 agency shall place on the Internet for public access child support
12-17 information to assist the public in child support matters,
12-18 including application forms, child support collection in other
12-19 states, and profiles of certain obligors who are in arrears in
12-20 paying child support.
12-21 SECTION 19. Subchapter C, Chapter 231, Family Code, is
12-22 amended by adding Section 231.2025 to read as follows:
12-23 Sec. 231.2025. CONTINGENCY FEES. The Title IV-D agency may
12-24 pay a contingency fee in a contract or agreement between the agency
12-25 and a private agency or individual authorized under Section
12-26 231.002(c).
12-27 SECTION 20. Sections 231.302(a), (b), and (e), Family Code,
13-1 are amended to read as follows:
13-2 (a) The Title IV-D agency of this or another state may
13-3 [shall attempt to locate a person needed to establish or enforce a
13-4 support or medical support obligation and is entitled to] request
13-5 and obtain information relating to the identity, location,
13-6 employment, compensation, benefits, income, and property holdings
13-7 or other assets of any [the] person from a state or local
13-8 government agency, private company, institution, or other entity as
13-9 necessary to establish, modify, or enforce a support order
13-10 [implement this chapter].
13-11 (b) A [state] government agency, private company,
13-12 institution, or other entity shall provide the [furnishing]
13-13 information requested under Subsection (a) and shall, subject to
13-14 safeguards on privacy and information security, provide the
13-15 information in the most efficient and expeditious manner available,
13-16 including electronic or automated transfer and interface. Any
13-17 individual or entity disclosing information under this section in
13-18 response to a request from a Title IV-D agency may not be held
13-19 liable in any civil action or proceeding to any person for the
13-20 disclosure of information under this subsection.
13-21 (e) Except as provided by Subsection (d), a social security
13-22 number provided under this section is confidential and may be
13-23 disclosed only for the purposes of responding to a request for
13-24 information from an agency operating under the provisions of Part
13-25 [Parts] A or [and] D of Title IV of the federal Social Security Act
13-26 (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.
13-27 [651-669]).
14-1 SECTION 21. Subchapter D, Chapter 231, Family Code, is
14-2 amended by adding Sections 231.308 and 231.309 to read as follows:
14-3 Sec. 231.308. PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS.
14-4 (a) The Title IV-D agency shall develop a program to identify
14-5 publicly certain child support obligors who are delinquent in the
14-6 payment of child support. The program shall include the displaying
14-7 of photographs and profiles of obligors in public and private
14-8 locations. The Title IV-D agency shall use posters, the news
14-9 media, and other cost-effective methods to display photographs and
14-10 profiles of certain obligors who are in arrears in paying child
14-11 support. The Title IV-D agency shall divide the state into at
14-12 least six regions for local identification of certain child support
14-13 obligors who are delinquent in the payment of child support.
14-14 (b) The Title IV-D agency may not disclose information under
14-15 this section that is by law required to remain confidential.
14-16 Sec. 231.309. REWARDS FOR INFORMATION. (a) The Title IV-D
14-17 agency may offer a reward to an individual who provides information
14-18 to the agency that leads to the collection of child support owed by
14-19 an obligor who is delinquent in paying support.
14-20 (b) The Title IV-D agency shall adopt rules providing for
14-21 the amounts of rewards offered under this section and the
14-22 circumstances under which an individual providing information
14-23 described in Subsection (a) is entitled to receive a reward.
14-24 (c) A reward paid under this section shall be paid from the
14-25 child support retained collections account.
14-26 SECTION 22. Section 232.003, Family Code, as added by
14-27 Chapters 655 and 751, Acts of the 74th Legislature, Regular
15-1 Session, 1995, is amended to read as follows:
15-2 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
15-3 IV-D agency may [shall] issue an order suspending a license as
15-4 provided by this chapter if an obligor:
15-5 (1) has an arrearage equal to or greater than the
15-6 total support due for 90 days under a support order;
15-7 (2) has been provided an opportunity to make payments
15-8 toward the child support arrearage under an agreed or court-ordered
15-9 repayment schedule; and
15-10 (3) has failed to comply with the repayment schedule.
15-11 SECTION 23. Section 232.003, Family Code, as added by
15-12 Chapter 751, Acts of the 74th Legislature, Regular Session, 1995,
15-13 is amended to read as follows:
15-14 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
15-15 IV-D agency may issue an order suspending a license as provided by
15-16 this chapter if an obligor:
15-17 (1) has an arrearage equal to or greater than the
15-18 total support due for 90 days under a support order;
15-19 (2) has been provided an opportunity to make payments
15-20 toward the child support arrearage under an agreed or court-ordered
15-21 repayment schedule, without regard to whether the repayment
15-22 schedule was agreed to or ordered before or after the date the
15-23 petition for suspension of a license was filed; and
15-24 (3) has failed to comply with the repayment schedule.
15-25 SECTION 24. Section 232.004(a), Family Code, is amended to
15-26 read as follows:
15-27 (a) A child support agency or obligee may file a petition to
16-1 suspend, as provided by this chapter, a license of an obligor who
16-2 has an arrearage equal to or greater than the total support due for
16-3 90 days under a support order.
16-4 SECTION 25. Section 232.009, Family Code, is amended to read
16-5 as follows:
16-6 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
16-7 shall consider the allegations of the petition for suspension to be
16-8 admitted and shall render an order suspending the license of an
16-9 obligor without the requirement of a hearing if the court or Title
16-10 IV-D agency determines that [if] the obligor failed [fails] to:
16-11 (1) respond to a notice issued under Section 232.006;
16-12 (2) request a hearing; or
16-13 (3) appear at a hearing.
16-14 SECTION 26. Subtitle D, Title 5, Family Code, is amended by
16-15 adding Chapter 233 to read as follows:
16-16 CHAPTER 233. SHARING INFORMATION IN STATE CASE REGISTRY
16-17 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
16-18 registry shall provide information under this chapter on the
16-19 written request of a custodial parent whose case:
16-20 (1) is included in the state case registry established
16-21 under 42 U.S.C. Section 654a and for whom the Title IV-D agency is
16-22 not providing enforcement services; or
16-23 (2) would otherwise not be required to be included in
16-24 the state case registry under 42 U.S.C. Section 654a but who has
16-25 applied for inclusion under Section 233.002.
16-26 (b) The state case registry shall provide to a custodial
16-27 parent under Subsection (a) who makes a request for information or
17-1 to an attorney, friend of the court, guardian ad litem, or domestic
17-2 relations office designated by the parent any information in the
17-3 registry concerning the parent's case, including:
17-4 (1) the noncustodial parent's address, social security
17-5 number, and employer's name and address;
17-6 (2) the amount and location of real and personal
17-7 property owned by the noncustodial parent;
17-8 (3) the name and address of financial institutions in
17-9 which the noncustodial parent has an account and each account
17-10 number; and
17-11 (4) any other information the disclosure of which is
17-12 not specifically prohibited by federal law.
17-13 Sec. 233.002. REQUEST TO INCLUDE CASE IN REGISTRY. The case
17-14 of a custodial parent whose case would otherwise not be included in
17-15 the state case registry under 42 U.S.C. Section 654a may be
17-16 included in the state case registry by making a written request to
17-17 the registry either directly or through an attorney, friend of the
17-18 court, guardian ad litem, or domestic relations office designated
17-19 by the custodial parent. The request must be accompanied by a
17-20 certified copy of the court order requiring the payment of child
17-21 support.
17-22 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
17-23 Title IV-D agency may not require an application for services as a
17-24 condition for:
17-25 (1) releasing information under Section 233.001 to a
17-26 custodial parent or to the person designated by the parent; or
17-27 (2) including a case in the state case registry under
18-1 Section 233.002.
18-2 Sec. 233.004. FEES. (a) The state case registry may charge
18-3 a fee for:
18-4 (1) including in the registry a child support case
18-5 entered in the registry under Section 233.002; and
18-6 (2) providing information concerning a case as
18-7 authorized by Section 233.001.
18-8 (b) The amount of a fee under this section may not exceed
18-9 the actual costs incurred by the state case registry in providing
18-10 the services.
18-11 SECTION 27. Subtitle D, Title 5, Family Code, is amended by
18-12 adding Chapter 234 to read as follows:
18-13 CHAPTER 234. COMPETITIVE BIDDING FOR CHILD
18-14 SUPPORT COLLECTION SERVICES
18-15 Sec. 234.001. DEFINITION. In this chapter, "council" means
18-16 the State Council on Competitive Government.
18-17 Sec. 234.002. POWERS AND DUTIES OF COUNCIL. (a) The
18-18 council shall:
18-19 (1) establish an initiative called "Kids Can't Wait"
18-20 to increase child support enforcement;
18-21 (2) identify child support enforcement functions
18-22 performed by the Title IV-D agency that may be competitively bid;
18-23 (3) establish guidelines for referral of child support
18-24 enforcement cases to a contractor;
18-25 (4) after consulting with the Title IV-D agency, make
18-26 recommendations regarding competitive bidding of child support
18-27 enforcement functions that are identified under Subdivision (2);
19-1 (5) consider the benefits of the state's participation
19-2 in an electronic parent locator network or a similar national
19-3 service designed to locate parents who owe child support;
19-4 (6) study the feasibility of cost recovery options in
19-5 child support collection actions for children who do not receive
19-6 public assistance; and
19-7 (7) engage in other activities necessary for the
19-8 administration of this chapter.
19-9 (b) The Title IV-D agency shall coordinate with the council
19-10 regarding competitive bidding of child support enforcement
19-11 functions identified under this section.
19-12 (c) A member of the council may designate an employee of the
19-13 state agency represented by the member to perform any of the
19-14 member's powers or duties under this section.
19-15 (d) The Title IV-D agency shall cooperate with the council
19-16 if requested by the council.
19-17 (e) The council and the Title IV-D agency shall report not
19-18 later than October 1, 1998, to the presiding officer of each house
19-19 of the legislature the results of the council's efforts under this
19-20 section.
19-21 Sec. 234.003. CHILD SUPPORT COLLECTION AGREEMENT. The Title
19-22 IV-D agency or a contractor awarded a contract under this chapter
19-23 to collect child support may enter into an agreement with a person
19-24 liable for the payment of child support. The agreement may relate
19-25 to any matter that may be adjudicated by a court, including:
19-26 (1) the determination of paternity;
19-27 (2) the determination of the amount of child support
20-1 due;
20-2 (3) the method of making child support payments;
20-3 (4) the imposition of income garnishment or
20-4 withholding;
20-5 (5) the payment of fees;
20-6 (6) the reimbursement of costs; and
20-7 (7) other child support enforcement matters permitted
20-8 by state or federal law.
20-9 SECTION 28. Section 521.044, Transportation Code, is amended
20-10 by adding Subsection (e) to read as follows:
20-11 (e) The department shall include in the department's
20-12 legislative appropriations requests and budgets, in quarterly
20-13 performance reports, and in audits of the department's local
20-14 offices performance measures on the percentage of complete and
20-15 correct social security numbers on driver's licenses.
20-16 SECTION 29. Subchapter C, Chapter 521, Transportation Code,
20-17 is amended by adding Section 521.0445 to read as follows:
20-18 Sec. 521.0445. NOTICE REGARDING SUSPENSION OF LICENSE FOR
20-19 NONPAYMENT OF CHILD SUPPORT. The department shall include in each
20-20 notice sent to a driver's license holder a statement advising a
20-21 holder who is delinquent in the payment of child support to make
20-22 satisfactory arrangements with the office of the attorney general
20-23 to correct the delinquency and that failure to contact the attorney
20-24 general or to make satisfactory arrangements may result in the
20-25 commencement by the attorney general of procedures to suspend the
20-26 holder's driver's license.
20-27 SECTION 30. (a) The involvement of the attorney general's
21-1 office in matters related to the enforcement of child support is
21-2 subject to review under Chapter 325, Government Code (Texas Sunset
21-3 Act), as if the attorney general's involvement in matters relating
21-4 to the enforcement of child support were a state agency under that
21-5 chapter. The involvement of the attorney general's office in
21-6 matters related to child support enforcement is not abolished under
21-7 Chapter 325, Government Code (Texas Sunset Act).
21-8 (b) To the extent Chapter 325, Government Code (Texas Sunset
21-9 Act), imposes a duty on a state agency under review, the attorney
21-10 general's office shall perform the duty as it applies to the
21-11 attorney general's involvement in matters related to child support
21-12 enforcement.
21-13 (c) The Sunset Advisory Commission shall select an
21-14 independent firm with experience in evaluating government programs
21-15 to conduct a comprehensive analysis of, and to make recommendations
21-16 to the commission concerning, the structure, efficiency, and
21-17 effectiveness of the attorney general's involvement in matters
21-18 relating to child support enforcement. In performing the analysis
21-19 under this subsection, the firm shall consider and recommend
21-20 whether programs related to the enforcement of child support
21-21 should remain as part of the attorney general's office, be
21-22 privatized, or be transferred to an independent state agency
21-23 established to operate child support enforcement programs. The
21-24 commission may prescribe additional matters to be evaluated by the
21-25 firm selected under this subsection. The attorney general's office
21-26 shall pay the costs of the analysis by the firm selected under this
21-27 subsection from funds appropriated to the attorney general's office
22-1 for the enforcement of child support.
22-2 (d) The office of the state auditor, the Texas Legislative
22-3 Council, and the Department of Information Resources shall assist
22-4 the Sunset Advisory Commission in performing the commission's
22-5 review of the attorney general's involvement in matters relating to
22-6 the enforcement of child support.
22-7 (e) The Sunset Advisory Commission shall report its findings
22-8 as required under Section 325.010, Government Code, to the 76th
22-9 Legislature, Regular Session, 1999.
22-10 SECTION 31. (a) The change in law made by this Act applies
22-11 only to a child support lien notice or suit filed on or after the
22-12 effective date of this Act.
22-13 (b) A child support lien notice or suit filed before the
22-14 effective date of this Act is covered by the law in effect on the
22-15 date the lien notice or suit was filed, and the former law is
22-16 continued in effect for that purpose.
22-17 SECTION 32. The importance of this legislation and the
22-18 crowded condition of the calendars in both houses create an
22-19 emergency and an imperative public necessity that the
22-20 constitutional rule requiring bills to be read on three several
22-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3281 was passed by the House on May
5, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3281 was passed by the Senate on May
15, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor