By Goodman                                            H.B. No. 3281

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to streamlining local court processing for child support

 1-3     cases, contracting for certain child support enforcement functions,

 1-4     strengthening the license suspension program in child support

 1-5     enforcement, expanding the "most wanted" program, and improving the

 1-6     filing of child support liens.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  Subchapter C, Chapter 72, Government Code, is

 1-9     amended by adding Section 72.028 to read as follows:

1-10           Sec. 72.028  PILOT PROGRAM:  FAMILY LAW CASE PROCESSING.

1-11     (a)  The office shall establish a pilot program to improve the

1-12     efficiency of court processing of family law cases, including child

1-13     support enforcement and foster care cases.

1-14           (b)  The office shall award grants to at least two counties

1-15     for the development of pilot program projects during each fiscal

1-16     year.  In awarding grants, the office shall give preference to

1-17     Bexar and Harris counties.

1-18           (c)  To be eligible for a grant, a pilot program project must

1-19     include processes for:

1-20                 (1)  electronic case filing;

1-21                 (2)  automated case tracking;

1-22                 (3)  automated child support delinquency monitoring;

 2-1     and

 2-2                 (4)  automated statistical reporting to the office and

 2-3     to the bureau of vital statistics at the Texas Department of

 2-4     Health.

 2-5           (d)  As part of the pilot program, the office shall review

 2-6     county assessments of needs related to processing family law case

 2-7     and shall provide technical assistance to county and district

 2-8     clerks as requested.

 2-9           (e)  The office may use a reasonable portion of the money

2-10     appropriated for the pilot program to defray the costs of

2-11     administering the program.

2-12           (f)  The attorney general's office and Department of

2-13     Protective and Regulatory Services shall cooperate in the

2-14     development of the pilot program.

2-15           (g)  Each state agency or local government participating in

2-16     the pilot program shall identify all pilot program parts that

2-17     qualify for federal financial assistance and seek that assistance.

2-18           (h)  Not later than January 15 of each off-numbered year, the

2-19     office shall submit a report regarding the effectiveness of the

2-20     pilot program to the governor, the lieutenant governor, the speaker

2-21     of the house of representatives, and the comptroller.  On request,

2-22     the office shall make the report available to any member of the

2-23     legislature.

2-24           SECTION 2.  Subchapter B, Chapter 231, Family Code, is

2-25     amended by adding Section 231.1015 to read as follows:

2-26           Sec. 231.1015.  REFERRAL TO PRIVATE COLLECTOR.  If the

2-27     attorney general is unable to establish compliance under an order

 3-1     or agreement for the payment of child support on or before the

 3-2     120th day after the date the order is entered or the agreement is

 3-3     reached, the attorney general shall refer the account to a private

 3-4     collector under Chapter 233.

 3-5           SECTION 3.  Subchapter C, Chapter 231, Family Code, is

 3-6     amended by adding Section 231.2025 to read as follows:

 3-7           Sec. 231.2025.  CONTINGENCY FEES.  (a)  The Title IV-D agency

 3-8     may pay a contingency fee in a contract or agreement between the

 3-9     agency and a private agency or individual authorized under Section

3-10     231.002(c).  The contingency fee shall be paid from the state funds

3-11     recovered by the private agency or individual.

3-12           (b)  The remaining funds recovered by a private agency or

3-13     individual after payment of a contingency fee may be spent by the

3-14     Title IV-D agency for child support services.

3-15           SECTION 4.  Subtitle D, Title 5, Family Code, is amended by

3-16     adding Chapter 233 to read as follows:

3-17           CHAPTER 233.  PRIVATE CHILD SUPPORT COLLECTION SERVICES

3-18           Sec. 233.001.  DEFINITIONS.  In this chapter:

3-19                 (1)  "Account" means a file pertaining to a specific

3-20     person liable for the payment of child support that has been

3-21     referred from the attorney general to a private collector.

3-22                 (2)  "Agreement" means a child support collection

3-23     agreement between a person liable for child support payments and a

3-24     private collector regarding the terms and conditions of child

3-25     support payments under Section 233.008.

3-26                 (3)  "Contract" means an agreement between the council

3-27     and a private collector for the enforcement and collection of

 4-1     support.

 4-2                 (4)  "Council" means the Child Support Collection

 4-3     Privatization Council.

 4-4                 (5)  "Order" means a decree or  judgment of a court or

 4-5     administrative body.

 4-6                 (6)  "Private collector" means an attorney who

 4-7     contracts with the council to engage in the collection of child

 4-8     support payments.

 4-9           Sec. 233.002.  COUNCIL.  The Child Support Collection

4-10     Privatization Council consists of the attorney general, the

4-11     comptroller, and the executive director of the Texas Department of

4-12     Human Services.

4-13           Sec. 233.003.  POWERS AND DUTIES OF COUNCIL.  (a)  The

4-14     council shall:

4-15                 (1)  identify child support enforcement functions

4-16     performed by the attorney general that may be provided by private

4-17     service providers and contract through a competitive bidding

4-18     process;

4-19                 (2)  consider the benefits of the state's participation

4-20     in an electronic parent locator network or a similar national

4-21     service designed to locate parents who owe child support;

4-22                 (3)  develop criteria for the selection of private

4-23     collectors;

4-24                 (4)  divide the state into regions as provided by

4-25     Section 233.004;

4-26                 (5)  develop and issue a request for proposal for the

4-27     selection of private collectors;

 5-1                 (6)  select and contract with one private collector for

 5-2     each region;

 5-3                 (7)  study the feasibility of cost recovery option in

 5-4     child support collection actions for children who do not receive

 5-5     public assistance; and

 5-6                 (8)  engage in other activities necessary for the

 5-7     administration of this chapter.

 5-8           (b)  The powers and duties under this section may be

 5-9     performed by the members of the council or by employees of the

5-10     state agencies represented by the council members.

5-11           Sec. 233.004.  REGIONS.  (a)  The council shall divide the

5-12     state into not fewer than six and not more than 10 regions for the

5-13     purpose of administering this chapter.

5-14           (b)  In designating regions under this section, the council

5-15     shall consider the total dollar amount of outstanding child support

5-16     in each part of the state and attempt to make the dollar amount of

5-17     outstanding collections equal in each region.

5-18           Sec. 233.005.  CONTRACT; ELIGIBILITY.  (a)  The council shall

5-19     contract with one private collector for each region to provide

5-20     enforcement of child support orders and collection of child support

5-21     payments.  In deciding the terms of a contract, the council shall

5-22     consider the total dollar amount of outstanding child support in

5-23     the region and include terms that are economically feasible for the

5-24     region.

5-25           (b)  To be eligible, a private collector must be an attorney

5-26     licensed to practice in this state with not less than five years of

5-27     experience in the legal enforcement of large-scale collections.

 6-1           (c)  The collection activities of a private collector are

 6-2     governed by the rules of professional responsibility applicable to

 6-3     attorneys in this state.

 6-4           (d)  A private collector may subcontract with other

 6-5     collection entities in the performance of the private collector's

 6-6     duties under the contract.  The collection activities of a

 6-7     subcontractor are subject to the same standards that are imposed on

 6-8     the private collector.

 6-9           (e)  An initial contract with a private collector shall be

6-10     for not less than four years.  The contract may not be terminated

6-11     by the council except for a material violation of the terms of the

6-12     contract or a violation by the private collector of the rules of

6-13     professional responsibility applicable to attorneys in this state.

6-14     A contract may be renewed by the council for two years without

6-15     issuing a request for proposal for a new contract.

6-16           Sec. 233.006.  FEES.  (a)  A contract under this section must

6-17     provide for payment to the private collector of a fee of 15 percent

6-18     of the gross amount collected by the private collector.  Gross

6-19     collections are determined by adding current payment collections

6-20     and delinquent payment collections.

6-21           (b)  If a private collector brings a person liable for the

6-22     payment of child support into material compliance with an order or

6-23     agreement, the private collector may collect the fee allowed under

6-24     Subsection (a) for five years or during the time the person remains

6-25     in material compliance, whichever period is shorter.

6-26           (c)  The council shall evaluate and recommend any change in

6-27     the fee after the first four years of the contract.

 7-1           Sec. 233.007.  COMPLIANCE.  (a)  If a private collector is

 7-2     unable to bring a person liable for the payment of child support

 7-3     into material compliance with the order or agreement before the

 7-4     first anniversary of the date the account was referred to the

 7-5     private collector by the council, the council may require the

 7-6     account to be returned to the attorney general for enforcement.

 7-7           (b)  If a private collector brings a person liable for the

 7-8     payment of child support into compliance with the order or

 7-9     agreement for current child support payments but is unable to

7-10     collect delinquent child support, the private collector shall

7-11     continue to pursue collection of outstanding delinquent child

7-12     support payments until the expiration of the private collector's

7-13     contract.

7-14           Sec. 233.008.  CHILD SUPPORT COLLECTION AGREEMENT.  (a)  The

7-15     attorney general or a private collector may enter into an agreement

7-16     with a person liable for the payment of child support.  The

7-17     agreement may relate to any matter that may be adjudicated by the

7-18     court, including:

7-19                 (1)  the determination of paternity;

7-20                 (2)  the determination of the amount of child support

7-21     due;

7-22                 (3)  the method of making child support payments;

7-23                 (4)  the imposition of wage garnishment or withholding;

7-24                 (5)  the payment of fees;

7-25                 (6)  the reimbursement of costs; and

7-26                 (7)  other matters permitted by state or federal law.

7-27           (b)  The attorney general or a private collector may, as

 8-1     consideration for the agreement, agree to waive litigation costs or

 8-2     agree to other matters related to the collection of child support.

 8-3     The attorney general or a private collector may not agree to

 8-4     collect an amount of child support that does not comply with the

 8-5     child support guidelines under Subchapter C, Chapter 154, Family

 8-6     Code.

 8-7           Sec. 233.009.  ENFORCEMENT OF AGREEMENT.  (a)  If a party

 8-8     liable for the payment of child support fails to comply with an

 8-9     agreement under this section, the attorney general or private

8-10     collector may file the agreement in the district court of Travis

8-11     County or in the county in which the person entitled to receive

8-12     child support payments resides.

8-13           (b)  The court shall enforce an agreement filed in the court

8-14     in the same manner as if the agreement were an order of the court.

8-15           (c)  The person liable for the payment of child support may

8-16     contest the provisions of the agreement in the court in which the

8-17     agreement is filed.  The person contesting the agreement has the

8-18     burden of proof to show by clear and convincing evidence that the

8-19     agreement should be modified or declared invalid.

8-20           (d)  A hearing to modify or declare an agreement invalid may

8-21     be conducted by telephone conference at the request of the person

8-22     liable for the payment of child support.

8-23           SECTION 3.  Section 231.302, Family Code, is amended by

8-24     amending Subsections (a), (b), (c), and (e) and adding Subsection

8-25     (g) to read as follows:

8-26           Sec. 231.032.  Information to Assist in Location of Person or

8-27     Property.  (a)  The Title IV-D agency of this or another state may

 9-1     [shall attempt to locate a person needed to establish or enforce a

 9-2     support or medical support obligation and is entitled to] request

 9-3     and obtain information relating to the identity, location,

 9-4     employment, compensation, benefits, income, and property holding or

 9-5     other assets of any [the] person from a state or local government

 9-6     agency, private company, institution, or other entity as necessary

 9-7     to establish, modify, or enforce a support order [implement this

 9-8     chapter].

 9-9           (b)  A [state] government agency, private company,

9-10     institution, or other entity shall provide the [furnishing]

9-11     information requested under Subsection (a) and shall subject to

9-12     safeguards on privacy and information security, provide the

9-13     information in the most efficient and expeditious manner available,

9-14     including electronic or automated transfer and interface.  Any

9-15     individual or entity disclosing information under this section in

9-16     response to a request from a Title IV-D agency may not be held

9-17     liable in any civil action or proceeding to any person for such

9-18     disclosure of information.

9-19           (c)  To assist in the administration of law relating to child

9-20     support enforcement under Parts A and D of Title IV of the federal

9-21     Social Security Act (42 U.S.C. Section 601 et seq.  [-617] and 651

9-22     et seq. [-669]):

9-23                 (1)  each licensing authority responsible for issuing a

9-24     professional license, a commercial driver's license, or an

9-25     occupational license shall require that the social security number

9-26     of any applicant [request and each applicant] for a license be

9-27     recorded on the application [shall provide the applicant's social

 10-1    security number];

 10-2                (2)  each agency administering a contract that provides

 10-3    for a payment of state funds shall request and each individual or

 10-4    entity bidding on a state contract shall provide the individual's

 10-5    or entity's social security number as required by Section 231.006,

 10-6    Family Code; and

 10-7                (3)  each agency administering a state-funded grant or

 10-8    loan program shall request and each applicant for a grant or loan

 10-9    shall provide the applicant's social security number as required by

10-10    Section 231.006, Family Code.

10-11          (e)  Except as provided by Subsection (d), a social security

10-12    number provided under this section is confidential and may be

10-13    disclosed only for the purposes of responding to a request for

10-14    information from an agency operating under the provisions of Parts

10-15    A or [and] D of Title IV of the federal Social Security Act (42

10-16    U.S.C. Sections 601 et seq.  [-617] and 651 et seq.  [-669]).

10-17          (g)  "Licensing authority" has the meaning given it under

10-18    Chapter 232.

10-19          SECTION 4.  Section 521.044, Transportation Code, is amended

10-20    by adding Subsections (e) and (f) to read as follows:

10-21          Sec. 521.044.  USE OF SOCIAL SECURITY NUMBER INFORMATION FOR

10-22    CHILD SUPPORT COLLECTION.

10-23          (h)  The Department shall include a statement in all notices

10-24    to driver's license holders that if they are delinquent in child

10-25    support payments, they should make satisfactory arrangements with

10-26    the Office of the Attorney General to correct such delinquency.  If

10-27    no contact or arrangements are made, the Office of the Attorney

 11-1    General can commence procedure to suspend their driver's license.

 11-2          (i)  The department shall include performance measures on the

 11-3    percentage of complete and correct social security information on

 11-4    driver's licenses in their legislative appropriations requests and

 11-5    budgets, in quarterly performance reports, and in audits of their

 11-6    local department offices.

 11-7          SECTION 5.  Chapter 157, Family Code, is amended by adding

 11-8    Subchapter J to read as follows:

 11-9                SUBCHAPTER J.  SPECIAL ENFORCEMENT METHODS

11-10                           BY TITLE IV-D AGENCY

11-11          Sec. 157.471.  REWARDS FOR INFORMATION.  (a)  The Title IV-D

11-12    agency may offer a reward to an individual who provides information

11-13    to the agency that leads to the collection of child support owed by

11-14    an obligor who is delinquent in paying support.

11-15          (b)  The Title IV-D agency shall adopt rules providing for

11-16    the amounts of rewards offered under this section and the

11-17    circumstances under which an individual providing information is

11-18    entitled to receive a reward.

11-19          (c)  A reward paid under this section shall be paid from the

11-20    child support retained collections account.

11-21          Sec. 157.472.  PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS.

11-22    (a)  The Title IV-D agency shall develop a program to identify

11-23    publicly certain child support obligors who are delinquent in the

11-24    payment of child support.  The program shall include the displaying

11-25    of photographs and profiles of obligors in public and private

11-26    locations and by computer.

11-27          (b)  The Title IV-D agency may not disclose information under

 12-1    this section that is by law required to remain confidential.

 12-2          Sec. 157.473.  INFORMATION ON INTERNET.  The Title IV-D

 12-3    agency shall place on the Internet for public access child support

 12-4    information to assist the public in child support matters,

 12-5    including application forms, child support collection in other

 12-6    states, and profiles of certain obligors who are in arrears in

 12-7    paying child support.

 12-8          SECTION 6.  Section 157.311, Family Code, is amended to read

 12-9    as follows:

12-10          Sec. 157.311.  DEFINITIONS.  In this subchapter:

12-11                (1)  "Claimant" means:

12-12                      (A)  the obligee or a private attorney

12-13    representing the obligee;

12-14                      (B)  the Title IV-D agency providing child

12-15    support services;

12-16                      (C)  a domestic relations office or local

12-17    registry; or

12-18                      (D)  an attorney appointed as a friend of the

12-19    court.

12-20                (2)  "Lien" means a child support lien.

12-21                (3)  "Court having continuing jurisdiction" is the

12-22    court of continuing, exclusive jurisdiction within this state or a

12-23    tribunal of another state having such jurisdiction under the

12-24    Uniform Interstate Family Support Act (UIFSA) or a substantially

12-25    similar act.

12-26          SECTION 7.  Section 157.312. Family Code, is amended to read

12-27    as follows:

 13-1          Sec. 157.312.  General Provisions.  (a)  A claimant may

 13-2    enforce child support by a lien as provided in this subchapter.

 13-3          (b)  The remedies provided by this subchapter do not affect

 13-4    the availability of other remedies provided by law.

 13-5          (c)  The lien is in addition to any other lien provided by

 13-6    law.

 13-7          (d)  A child support lien arises:

 13-8                (1)  by operation of law against real and personal

 13-9    property of a child support obligor for all amounts of overdue

13-10    support, whether or not such amounts have been adjudicated or

13-11    otherwise determined, subject to the requirements of this

13-12    subchapter for recording and notice; or

13-13                (2)  when a court having continuing jurisdiction or, in

13-14    Title IV-D cases, the Title IV-D agency determines an amount of

13-15    arrears owed by a child support obligor.

13-16          (e)  A child support lie arising in another state may be

13-17    enforced in the same manner and to the same extent as a lien

13-18    arising in this state.

13-19          (f)  A foreclosure action under this subchapter is not

13-20    required as a prerequisite to levy and execution on a judgment or

13-21    an administrative determination of arrears rendered after notice

13-22    and opportunity for hearing.

13-23          SECTION 8.  Section 157.313, Family Code, is amended by

13-24    amending Subsection (a) to read as follows:

13-25          Sec. 157.313.  Contents of Lien Notice.  (a)  A child support

13-26    lien notice must contain:

13-27                (1)  the style, docket number, and identity of the

 14-1    court having continuing jurisdiction of the child support action;

 14-2                (2)  the name, address, and if available, the birth

 14-3    date, driver's license number, and social security number of the

 14-4    obligor;

 14-5                (3)  the name and social security number, if available,

 14-6    of the obligee and the child;

 14-7                (4)  the amount of child support arrearages owed by the

 14-8    obligor and the date of the rendition of the court order,

 14-9    administrative order or [issuance of the] writ that determined the

14-10    arrearages or the date and manner in which the arrearages were

14-11    determined;

14-12                (5)  the rate of interest specified in the court order,

14-13    administrative order or writ or, in the absence of a specified

14-14    interest rate, the rate provided for by law [Subchapter F]; and

14-15                (6)  the name and address of the person or agency to

14-16    whom the payment of the child support arrearages shall be made.

14-17          SECTION 9.  Section 157.314, Family Code, is amended to read

14-18    as follows:

14-19          Sec. 157.314.  Filing Lien Notice or Abstract of Judgment.

14-20    (a) A child support lien notice or an abstract of judgment for past

14-21    due child support may be filed by the claimant with the county

14-22    clerk of:

14-23                (1)  [the county clerk of] any county in which the

14-24    obligor is believed to own nonexempt real or personal property;

14-25                (2) [or in] the county in which the obligor resides; or

14-26                (3)  the county in which the court of continuing

14-27    jurisdiction sits.

 15-1          (b)  A child support lien notice may be filed with:

 15-2                (1) [(2)]  the clerk of the court in which a claim

 15-3    counterclaim or suit by, or on behalf of the obligor, is pending,

 15-4    provided that a copy of the lien is mailed to the attorney of

 15-5    record for the obligor, if any; [or]

 15-6                (2) [(3)]  an attorney who represents the obligor in a

 15-7    claim or counterclaim that has not been filed with a court;

 15-8                (3)  any other individual or organization believed to

 15-9    be in possession of real or personal property of the obligor; or

15-10                (4)  any governmental unit or agency that issues or

15-11    records certificates, titles, or other indicia of property.

15-12          SECTION 10.  Section 157.316, Family Code, is amended to read

15-13    as follows:

15-14          Sec. 517.316.  Perfection of Child Support Lien.  A child

15-15    support lien is perfected [attaches] when an abstract of judgment

15-16    for past due child support or a child support lien notice is filed

15-17    with the county clerk as provided by this subchapter.

15-18          SECTION 11.  Section 157.317, Family Code, is amended by

15-19    amending Subsection (a) to read as follows:

15-20          Sec. 157.317.  Property to Which Lien Attaches.  (a)  A lien

15-21    attaches to all real and  personal property not exempt under the

15-22    Texas Constitution, including a claim for negligence, personal

15-23    injury, or workers' compensation, or an insurance award for the

15-24    claim, owned by the obligor on or after the date the lien notice or

15-25    abstract of judgment is filed with the county clerk of the county

15-26    in which the property is located, with the court clerk as to

15-27    property or claims in litigation, or, as to property of the obligor

 16-1    in the possession or control of a third party, from the date the

 16-2    lien notice is filed with that party [attaches].

 16-3          SECTION 11.  Section 157.318, Family Code, is amended to read

 16-4    as follows:

 16-5          Sec. 157.318.  DURATION AND EFFECT OF CHILD SUPPORT LIEN.

 16-6    (a)  A lien is effective until all current support and child

 16-7    support  arrearages, including interest, have been paid or the lien

 16-8    is otherwise  released as provided in this subchapter [for 10 years

 16-9    from the date the notice is recorded in the county clerk's office

16-10    in the county where the property of the obligor is located].

16-11          (b)  The lien [may be extended for an additional 10-year

16-12    period by recording a lien notice before the tenth anniversary of

16-13    the date of the original recording of the notice] secures payment

16-14    of all child support arrears owed by the obligor pursuant to the

16-15    underlying support order, including arrears which accrue after the

16-16    administrative or judicial determination of arrearages stated in

16-17    the lien notice.

16-18          (c)  The filing of a lien notice or abstract of judgment with

16-19    the county clerk is a record of the notice and has the same effect

16-20    as any other lien notice with respect to real property records.

16-21          SECTION 12.  Section 157.319, Family Code, is amended to read

16-22    as follows:

16-23          Sec. 157.319.  EFFECT OF LIEN NOTICE [PERSONAL PROPERTY].

16-24    (a)  [The filing of lien notice is a record of the notice].

16-25          [(b)]  If [a lien has been filed as proved in this subchapter

16-26    and] a person having notice of the lien possesses nonexempt

16-27    personal property of the obligor that may be subject to the lien,

 17-1    the property may not be paid over, released, sold, transferred,

 17-2    encumbered, or conveyed unless:

 17-3                (1)  a release of lien signed by the claimant is

 17-4    delivered to the person in possession; or

 17-5                (2)  a court, after notice to the claimant and hearing,

 17-6    has ordered the release of the lien because arrearages do not

 17-7    exist.

 17-8          (b)  A person having notice of a child support lien who

 17-9    violates this section may be joined as a party to a foreclosure

17-10    action under this chapter and is subject to the penalties provided

17-11    by this subchapter.

17-12          SECTION 13.  Section 157.321, Family Code, is amended to read

17-13    as follows:

17-14          Sec. 157.321.  Discretionary Release of Lien.  A claimant may

17-15    at any time release lien on all or part of the property of the

17-16    obligor or return seized property, without liability, if assurance

17-17    of payment is considered adequate by the claimant or if the release

17-18    or return will facilitate the collection of the arrearages.  The

17-19    release or return may not operate to prevent future action to

17-20    collect from the same or other property owned by the obligor.

17-21          SECTION 14.  Section 157.322, Family Code, is amended to read

17-22    as follows:

17-23          Sec. 157.322.  Mandatory Release of Lien.  (a)  On payment in

17-24    full of the amount of child support due, together with any costs

17-25    and reasonable attorney's fees, the claimant shall execute and

17-26    deliver to the obligor or the obligor's attorney a release of the

17-27    child support lien.

 18-1          (b)  The release of lien shall be effective when filed with

 18-2    the county clerk where the lien notice or abstract of judgment was

 18-3    filed.  a copy of the release of lien may be filed with any other

 18-4    individual or organization that may have been served with a lien

 18-5    notice under this subchapter.  [A child support lien release shall

 18-6    be filed in the same manner as the notice of lien.]

 18-7          [(c)  The county clerk shall immediately record a release of

 18-8    lien notice or abstract of judgment that was filed with the clerk.]

 18-9          [(d)  On the filing of a release of lien that was filed with

18-10    the clerk of the court in which a claim, counterclaim, or suit at

18-11    law by the obligor is pending, the clerk of the court shall file

18-12    for record the release of lien in the court's proceedings and the

18-13    claimant shall mail a copy of the release of lien to the obligor or

18-14    the attorney of record for the obligor.]

18-15          [(e)  A release of lien that was filed with the obligor or

18-16    the attorney who represents the obligor in a claim or counterclaim

18-17    that has not been filed with a court shall be mailed by the

18-18    claimant to the attorney or obligor.]

18-19          SECTION 15.  Section 157.323, Family Code, is amended to read

18-20    as follows:

18-21          Sec. 157.323.  FORECLOSURE OR SUIT TO DETERMINE ARREARS.

18-22    (a)  In addition to other remedies provided by law [When a lien

18-23    notice has been filed under this subchapter], an action to

18-24    foreclose a child support lien or to dispute the amount of

18-25    arrearages stated in the lien [on nonexempt real or personal

18-26    property] may be brought in the court of continuing jurisdiction

18-27    or, if there is no court of continuing jurisdiction within this

 19-1    state, in the district court of the county in which the property is

 19-2    or was located and the lien was filed.

 19-3          (b)  The procedure for a foreclosure action under this

 19-4    section shall be as provided by Subchapter B of this chapter,

 19-5    except that a person or organization in possession of property of

 19-6    the obligor may be joined as an additional respondent.

 19-7          (c) [(b)  After notice to the obligor and the claimant, the

 19-8    court shall conduct a hearing and, if] If arrearages are owed by

 19-9    the obligor, the court shall:

19-10                (1)  render judgment against the obligor for the amount

19-11    due, plus costs and reasonable attorney's fees; [and]

19-12                (2)  order any official authorized to levy execution to

19-13    satisfy the lien, costs, and attorney's fees by selling any

19-14    property on which a lien is established under this subchapter; or

19-15                (3)  order an individual or organization in possession

19-16    of nonexempt personal property or cash owned by the obligor to

19-17    dispose of the property as the court may direct.

19-18          (d) [(c)  In all sales contemplated] For execution and sale

19-19    under this section, publication of notice is necessary only for

19-20    three consecutive weeks in a newspaper in county where the property

19-21    is located or, if there is no newspaper in that county, in the most

19-22    convenient newspaper in circulation in the county.

19-23          SECTION 16.  Section 157.324, Family Code, is amended to read

19-24    as follows:

19-25          Sec. 157.324.  Liability for Failure to Comply With Order or

19-26    Lien.  A person who knowingly disposes of property subject to a

19-27    lien, or after a foreclosure hearing fails to surrender on demand

 20-1    nonexempt personal property as directed by a court or

 20-2    administrative order [seized] under this subchapter is liable to

 20-3    the claimant in an amount equal to the arrearages for which the

 20-4    foreclosure judgment was issued.

 20-5          SECTION 17.  Section 157.325, Family Code, is amended by

 20-6    amending Subsection (b) to read as follows:

 20-7          Sec. 157.325.  Release of Excess Funds to Debtor or Obligor.

 20-8          (b)  If the claimant refuses the request, the holder of the

 20-9    personal property or the obligor may file suit under this

20-10    subchapter for an order determining the arrears and discharging

20-11    [petition the court of competent jurisdiction for discharge of]

20-12    excess personal property or money from the lien.

20-13          SECTION 18.  Section 157.326, Family Code, is amended as

20-14    follows:

20-15          Sec. 157.326.  Interest of Obligor's Spouse.  (a)  A spouse

20-16    of an obligor may file an affidavit with the court of continuing

20-17    jurisdiction or, if there is no court of continuing jurisdiction

20-18    within this state, in the district court of the county in which the

20-19    property is or was located and the lien was filed [a court of

20-20    competent jurisdiction] requesting that the court determine the

20-21    extent, if any, of the spouse's interest in real or personal

20-22    property that is subject to:

20-23                (1)  a lien perfected under this subchapter; or

20-24                (2)  an action to foreclose under this subchapter.

20-25          (b)  After notice to the obligor, obligor's spouse, [and] the

20-26    claimant and the obligee, the court shall conduct a hearing and

20-27    determine the extent, if any, of the ownership interest in the

 21-1    property held by the obligor's spouse.  If the court finds that:

 21-2                (1)  the property is the separate property of the

 21-3    obligor's spouse, the court shall order that the lien against the

 21-4    property be released and that may action to foreclose on the

 21-5    property be dismissed; or

 21-6                (2)  the property is jointly owned by the obligor and

 21-7    the obligor's spouse, the court shall determine whether the sale of

 21-8    the obligor's interest in the property would result in an

 21-9    unreasonable hardship on the obligor's spouse or family and:

21-10                      (A)  if so, the court shall render an order that

21-11    the obligor's interest in the property not be sold and that the

21-12    lien against the property should be released; or

21-13                      (B)  if not, the court shall render an order

21-14    partitioning the property and directing that the property be sold

21-15    and the proceeds applied to the child support arrearages

21-16    [consistent with the provisions of this subchapter].

21-17          (c)  In a proceeding under this section, [subsection in

21-18    which] the spouse claiming [of the obligor claims by affidavit] an

21-19    ownership interest in the property [, the claimant] has the burden

21-20    to prove the extent of that [the obligor's] ownership interest.

21-21          SECTION 19.  The importance of this legislation and the

21-22    crowded condition of the calendars in both houses create an

21-23    emergency and an imperative public necessity that the

21-24    constitutional rule requiring bills to be read on three several

21-25    days in each house be suspended, and this rule is hereby suspended.