1-1 By: Goodman, Van de Putte, Naishtat H.B. No. 3281
1-2 (Senate Sponsor - Harris)
1-3 (In the Senate - Received from the House May 6, 1997;
1-4 May 7, 1997, read first time and referred to Committee on
1-5 Jurisprudence; May 13, 1997, reported favorably by the following
1-6 vote: Yeas 7, Nays 0; May 13, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to local court processing for child support cases and to
1-10 enforcement of child support orders; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 157.311, Family Code, is amended to read
1-13 as follows:
1-14 Sec. 157.311. Definitions. In this subchapter:
1-15 (1) "Claimant" means:
1-16 (A) the obligee or a private attorney
1-17 representing the obligee;
1-18 (B) the Title IV-D agency providing child
1-19 support services;
1-20 (C) a domestic relations office or local
1-21 registry; or
1-22 (D) an attorney appointed as a friend of the
1-23 court.
1-24 (2) "Court having continuing jurisdiction" is the
1-25 court of continuing, exclusive jurisdiction in this state or a
1-26 tribunal of another state having jurisdiction under the Uniform
1-27 Interstate Family Support Act or a substantially similar act.
1-28 (3) "Lien" means a child support lien.
1-29 SECTION 2. Section 157.312, Family Code, is amended by
1-30 adding Subsections (d)-(f) to read as follows:
1-31 (d) A child support lien arises:
1-32 (1) by operation of law against real and personal
1-33 property of an obligor for all amounts of overdue support,
1-34 regardless of whether the amounts have been adjudicated or
1-35 otherwise determined, subject to the requirements of this
1-36 subchapter for recording and notice; or
1-37 (2) when a court having continuing jurisdiction or, in
1-38 Title IV-D cases, the Title IV-D agency determines an amount of
1-39 arrearage owed by a child support obligor.
1-40 (e) A child support lien arising in another state may be
1-41 enforced in the same manner and to the same extent as a lien
1-42 arising in this state.
1-43 (f) A foreclosure action under this subchapter is not
1-44 required as a prerequisite to levy and execution on a judgment or
1-45 an administrative determination of arrearage rendered after notice
1-46 and opportunity for hearing.
1-47 SECTION 3. Section 157.313(a), Family Code, is amended to
1-48 read as follows:
1-49 (a) A child support lien notice must contain:
1-50 (1) the style, docket number, and identity of the
1-51 court having continuing jurisdiction of the child support action;
1-52 (2) the name, address, and, if available, the birth
1-53 date, driver's license number, and social security number of the
1-54 obligor;
1-55 (3) the name and social security number, if available,
1-56 of the obligee and the child;
1-57 (4) the amount of child support arrearages owed by the
1-58 obligor and the date of the rendition of the court order,
1-59 administrative order, or [issuance of the] writ that determined the
1-60 arrearages or the date and manner in which the arrearages were
1-61 determined;
1-62 (5) the rate of interest specified in the court order,
1-63 administrative order, or writ or, in the absence of a specified
1-64 interest rate, the rate provided for by law [Subchapter F]; and
2-1 (6) the name and address of the person or agency
2-2 asserting the lien [to whom the payment of the child support
2-3 arrearages shall be made].
2-4 SECTION 4. Section 157.314, Family Code, is amended to read
2-5 as follows:
2-6 Sec. 157.314. Filing Lien Notice or Abstract of Judgment.
2-7 (a) A child support lien notice or an abstract of judgment for
2-8 past due child support may be filed by the claimant with the county
2-9 clerk of:
2-10 (1) [the county clerk of] any county in which the
2-11 obligor is believed to own nonexempt real or personal property;
2-12 (2) [or in] the county in which the obligor resides;
2-13 or
2-14 (3) the county in which the court having continuing
2-15 jurisdiction has venue of the suit affecting the parent-child
2-16 relationship.
2-17 (b) A child support lien notice may be filed with:
2-18 (1) [(2)] the clerk of the court in which a claim,
2-19 counterclaim, or suit by or on behalf of the obligor, including a
2-20 claim or potential right to proceeds from an estate as an heir,
2-21 beneficiary, or creditor, is pending, provided that a copy of the
2-22 lien is mailed to the attorney of record for the obligor, if any;
2-23 [or]
2-24 (2) [(3)] an attorney who represents the obligor in a
2-25 claim or counterclaim that has not been filed with a court;
2-26 (3) any other individual or organization believed to
2-27 be in possession of real or personal property of the obligor; or
2-28 (4) any governmental unit or agency that issues or
2-29 records certificates, titles, or other indicia of property
2-30 ownership.
2-31 SECTION 5. Section 157.316, Family Code, is amended to read
2-32 as follows:
2-33 Sec. 157.316. Perfection of Child Support Lien. A child
2-34 support lien is perfected [attaches] when an abstract of judgment
2-35 for past due child support or a child support lien notice is filed
2-36 with the county clerk as provided by this subchapter.
2-37 SECTION 6. Section 157.317(a), Family Code, is amended to
2-38 read as follows:
2-39 (a) A lien attaches to all real and personal property not
2-40 exempt under the Texas Constitution, including a claim for
2-41 negligence, personal injury, or workers' compensation, or an
2-42 insurance award for the claim, owned by the obligor on or after the
2-43 date the lien notice or abstract of judgment is filed with the
2-44 county clerk of the county in which the property is located, with
2-45 the court clerk as to property or claims in litigation or, as to
2-46 property of the obligor in the possession or control of a third
2-47 party, from the date the lien notice is filed with that party
2-48 [attaches].
2-49 SECTION 7. Section 157.318, Family Code, is amended to read
2-50 as follows:
2-51 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
2-52 (a) A lien is effective until all current support and child
2-53 support arrearages, including interest, have been paid or the lien
2-54 is otherwise released as provided in this subchapter [for 10 years
2-55 from the date the notice is recorded in the county clerk's office
2-56 in the county where the property of the obligor is located].
2-57 (b) The lien secures payment of all child support arrearages
2-58 owed by the obligor under the underlying support order, including
2-59 arrearages that accrue after the administrative or judicial
2-60 determination of arrearages stated in the lien [may be extended for
2-61 an additional 10-year period by recording a lien notice before the
2-62 tenth anniversary of the date of the original recording of the]
2-63 notice.
2-64 (c) The filing of a lien notice or abstract of judgment with
2-65 the county clerk is a record of the notice and has the same effect
2-66 as any other lien notice with respect to real property records.
2-67 SECTION 8. Section 157.319, Family Code, is amended to read
2-68 as follows:
2-69 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
3-1 (a) [The filing of a lien notice is a record of the notice.]
3-2 [(b)] If [a lien has been filed as provided in this
3-3 subchapter and] a person having notice of the lien possesses
3-4 nonexempt personal property of the obligor that may be subject to
3-5 the lien, the property may not be paid over, released, sold,
3-6 transferred, encumbered, or conveyed unless:
3-7 (1) a release of lien signed by the claimant is
3-8 delivered to the person in possession; or
3-9 (2) a court, after notice to the claimant and hearing,
3-10 has ordered the release of the lien because arrearages do not
3-11 exist.
3-12 (b) A person having notice of a child support lien who
3-13 violates this section may be joined as a party to a foreclosure
3-14 action under this chapter and is subject to the remedies provided
3-15 by this subchapter.
3-16 SECTION 9. Section 157.321, Family Code, is amended to read
3-17 as follows:
3-18 Sec. 157.321. Discretionary Release of Lien. A claimant may
3-19 at any time release a lien on all or part of the property of the
3-20 obligor or return seized property, without liability, if assurance
3-21 of payment is considered adequate by the claimant or if the release
3-22 or return will facilitate the collection of the arrearages. The
3-23 release or return may not operate to prevent future action to
3-24 collect from the same or other property owned by the obligor.
3-25 SECTION 10. Sections 157.322(a) and (b), Family Code, are
3-26 amended to read as follows:
3-27 (a) On payment in full of the amount of child support due,
3-28 together with any costs and reasonable attorney's fees, the
3-29 claimant shall execute and deliver to the obligor or the obligor's
3-30 attorney a release of the child support lien.
3-31 (b) The release of lien is effective when filed with the
3-32 county clerk with whom the lien notice or abstract of judgment was
3-33 filed. A copy of the release of lien may be filed with any other
3-34 individual or organization that may have been served with a lien
3-35 notice under this subchapter [A child support lien release shall
3-36 be filed in the same manner as the notice of lien].
3-37 SECTION 11. Section 157.323, Family Code, is amended to
3-38 read as follows:
3-39 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
3-40 (a) In addition to any other remedy provided by law [When a lien
3-41 notice has been filed under this subchapter], an action to
3-42 foreclose a child support lien or to dispute the amount of
3-43 arrearages stated in the lien [on nonexempt real or personal
3-44 property] may be brought in the court of continuing jurisdiction
3-45 or, if there is no court of continuing jurisdiction in this state,
3-46 in the district court of the county in which the property is or was
3-47 located and the lien was filed.
3-48 (b) The procedures provided by Subchapter B apply to a
3-49 foreclosure action under this section, except that a person or
3-50 organization in possession of property of the obligor may be joined
3-51 as an additional respondent.
3-52 (c) If [After notice to the obligor and the claimant, the
3-53 court shall conduct a hearing and, if] arrearages are owed by the
3-54 obligor, the court shall:
3-55 (1) render judgment against the obligor for the amount
3-56 due, plus costs and reasonable attorney's fees; [and]
3-57 (2) order any official authorized to levy execution to
3-58 satisfy the lien, costs, and attorney's fees by selling any
3-59 property on which a lien is established under this subchapter; or
3-60 (3) order an individual or organization in possession
3-61 of nonexempt personal property or cash owned by the obligor to
3-62 dispose of the property as the court may direct.
3-63 (d) For execution and sale [(c) In all sales contemplated]
3-64 under this section, publication of notice is necessary only for
3-65 three consecutive weeks in a newspaper published in the county
3-66 where the property is located or, if there is no newspaper in that
3-67 county, in the most convenient newspaper in circulation in the
3-68 county.
3-69 SECTION 12. Section 157.324, Family Code, is amended to
4-1 read as follows:
4-2 Sec. 157.324. Liability for Failure to Comply With Order or
4-3 Lien. A person who knowingly disposes of property subject to a
4-4 lien or who, after a foreclosure hearing, fails to surrender on
4-5 demand nonexempt personal property as directed by a court or
4-6 administrative order [seized] under this subchapter is liable to
4-7 the claimant in an amount equal to the arrearages for which the
4-8 foreclosure judgment was issued.
4-9 SECTION 13. Section 157.325(b), Family Code, is amended to
4-10 read as follows:
4-11 (b) If the claimant refuses the request, the holder of the
4-12 personal property or the obligor may file suit under this
4-13 subchapter for an order determining the amount of arrearages and
4-14 discharging [petition the court of competent jurisdiction for
4-15 discharge of] excess personal property or money from the lien.
4-16 SECTION 14. Section 157.326, Family Code, is amended to
4-17 read as follows:
4-18 Sec. 157.326. Interest of Obligor's Spouse. (a) A spouse
4-19 of an obligor may file an affidavit with the [a] court of
4-20 continuing [competent] jurisdiction or, if there is no court of
4-21 continuing jurisdiction in this state, in the district court of the
4-22 county in which the property is or was located and the lien was
4-23 filed requesting that the court determine the extent, if any, of
4-24 the spouse's interest in real or personal property that is subject
4-25 to:
4-26 (1) a lien perfected under this subchapter; or
4-27 (2) an action to foreclose under this subchapter.
4-28 (b) After notice to the obligor, the obligor's spouse, [and]
4-29 the claimant, and the obligee, the court shall conduct a hearing
4-30 and determine the extent, if any, of the ownership interest in the
4-31 property held by the obligor's spouse. If the court finds that:
4-32 (1) the property is the separate property of the
4-33 obligor's spouse, the court shall order that the lien against the
4-34 property be released and that any action to foreclose on the
4-35 property be dismissed; or
4-36 (2) the property is jointly owned by the obligor and
4-37 the obligor's spouse, the court shall determine whether the sale of
4-38 the obligor's interest in the property would result in an
4-39 unreasonable hardship on the obligor's spouse or family and:
4-40 (A) if so, the court shall render an order that
4-41 the obligor's interest in the property not be sold and that the
4-42 lien against the property should be released; or
4-43 (B) if not, the court shall render an order
4-44 partitioning the property and directing that the property be sold
4-45 and the proceeds applied to the child support arrearages
4-46 [consistent with the provisions of this subchapter].
4-47 (c) In a proceeding under this section, [subsection in
4-48 which] the spouse claiming [of the obligor claims by affidavit] an
4-49 ownership interest in the property[, the claimant] has the burden
4-50 to prove the extent of that [the obligor's] ownership interest.
4-51 SECTION 15. Section 158.210(b), Family Code, is amended to
4-52 read as follows:
4-53 (b) A fine recovered under this section shall be paid to the
4-54 county in which the obligee resides and shall be used by the county
4-55 to improve child support services [obligee and credited against any
4-56 amounts owed by the obligor].
4-57 SECTION 16. Subchapter A, Chapter 231, Family Code, is
4-58 amended by adding Sections 231.0012 and 231.0013 to read as
4-59 follows:
4-60 Sec. 231.0012. CHILD SUPPORT ENFORCEMENT MANAGEMENT. The
4-61 person appointed by the attorney general as the person responsible
4-62 for managing the Title IV-D agency's child support enforcement
4-63 duties shall report directly to the attorney general.
4-64 Sec. 231.0013. DEDICATION OF FUNDS. Appropriations made to
4-65 the Title IV-D agency for child support enforcement may be expended
4-66 only for the purposes for which the money was appropriated.
4-67 SECTION 17. Subchapter A, Chapter 231, Family Code, is
4-68 amended by adding Section 231.010 to read as follows:
4-69 Sec. 231.010. CASE PROCESSING PILOT PROGRAM. (a) As part
5-1 of the development of a statewide integrated system for child
5-2 support and medical support enforcement under Section 231.0011, the
5-3 Title IV-D agency shall establish a pilot program to improve the
5-4 efficiency of court processing of family welfare cases, including
5-5 child support, medical support, and foster care cases. The Title
5-6 IV-D agency shall consult with the Department of Protective and
5-7 Regulatory Services in establishing the pilot program with respect
5-8 to the processing of foster care cases.
5-9 (b) The Title IV-D agency shall identify at least two
5-10 counties that have a population of more than one million and that
5-11 are voluntarily participating in the statewide integrated system
5-12 under Section 231.0011 for the development and establishment of
5-13 pilot programs during each fiscal year of the 1998-1999 biennium.
5-14 A county shall be selected on the basis of the county's ability to
5-15 achieve the automation goals of the pilot program.
5-16 (c) A pilot program must include processes for:
5-17 (1) electronic case filing;
5-18 (2) automated reporting of appropriate orders to the
5-19 state case registry required under 42 U.S.C. Section 654a;
5-20 (3) automated case tracking;
5-21 (4) automated child support delinquency monitoring;
5-22 and
5-23 (5) automated statistical reporting to the state case
5-24 registry.
5-25 (d) The pilot program authorized under this section shall be
5-26 developed and implemented in cooperation with representatives of
5-27 the counties identified under Subsection (b), including
5-28 representatives of the county's judiciary.
5-29 (e) As part of the pilot program, the Title IV-D agency
5-30 shall review county assessments of needs related to processing
5-31 child support, medical support, and foster care cases and shall
5-32 provide technical assistance to county and district clerks as
5-33 requested.
5-34 (f) The Title IV-D agency shall provide funding for the
5-35 pilot program from funds appropriated to operate the agency and
5-36 from any available federal funds.
5-37 (g) Not later than January 15, 1999, the agency shall submit
5-38 a report regarding the status of the pilot program to the governor,
5-39 the lieutenant governor, the speaker of the house of
5-40 representatives, and the comptroller. On request, the Title IV-D
5-41 agency shall make the report available to any member of the
5-42 legislature.
5-43 SECTION 18. Subchapter B, Chapter 231, Family Code, is
5-44 amended by adding Section 231.116 to read as follows:
5-45 Sec. 231.116. INFORMATION ON INTERNET. The Title IV-D
5-46 agency shall place on the Internet for public access child support
5-47 information to assist the public in child support matters,
5-48 including application forms, child support collection in other
5-49 states, and profiles of certain obligors who are in arrears in
5-50 paying child support.
5-51 SECTION 19. Subchapter C, Chapter 231, Family Code, is
5-52 amended by adding Section 231.2025 to read as follows:
5-53 Sec. 231.2025. CONTINGENCY FEES. The Title IV-D agency may
5-54 pay a contingency fee in a contract or agreement between the agency
5-55 and a private agency or individual authorized under Section
5-56 231.002(c).
5-57 SECTION 20. Sections 231.302(a), (b), and (e), Family Code,
5-58 are amended to read as follows:
5-59 (a) The Title IV-D agency of this or another state may
5-60 [shall attempt to locate a person needed to establish or enforce a
5-61 support or medical support obligation and is entitled to] request
5-62 and obtain information relating to the identity, location,
5-63 employment, compensation, benefits, income, and property holdings
5-64 or other assets of any [the] person from a state or local
5-65 government agency, private company, institution, or other entity as
5-66 necessary to establish, modify, or enforce a support order
5-67 [implement this chapter].
5-68 (b) A [state] government agency, private company,
5-69 institution, or other entity shall provide the [furnishing]
6-1 information requested under Subsection (a) and shall, subject to
6-2 safeguards on privacy and information security, provide the
6-3 information in the most efficient and expeditious manner available,
6-4 including electronic or automated transfer and interface. Any
6-5 individual or entity disclosing information under this section in
6-6 response to a request from a Title IV-D agency may not be held
6-7 liable in any civil action or proceeding to any person for the
6-8 disclosure of information under this subsection.
6-9 (e) Except as provided by Subsection (d), a social security
6-10 number provided under this section is confidential and may be
6-11 disclosed only for the purposes of responding to a request for
6-12 information from an agency operating under the provisions of Part
6-13 [Parts] A or [and] D of Title IV of the federal Social Security Act
6-14 (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.
6-15 [651-669]).
6-16 SECTION 21. Subchapter D, Chapter 231, Family Code, is
6-17 amended by adding Sections 231.308 and 231.309 to read as follows:
6-18 Sec. 231.308. PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS.
6-19 (a) The Title IV-D agency shall develop a program to identify
6-20 publicly certain child support obligors who are delinquent in the
6-21 payment of child support. The program shall include the displaying
6-22 of photographs and profiles of obligors in public and private
6-23 locations. The Title IV-D agency shall use posters, the news
6-24 media, and other cost-effective methods to display photographs and
6-25 profiles of certain obligors who are in arrears in paying child
6-26 support. The Title IV-D agency shall divide the state into at
6-27 least six regions for local identification of certain child support
6-28 obligors who are delinquent in the payment of child support.
6-29 (b) The Title IV-D agency may not disclose information under
6-30 this section that is by law required to remain confidential.
6-31 Sec. 231.309. REWARDS FOR INFORMATION. (a) The Title IV-D
6-32 agency may offer a reward to an individual who provides information
6-33 to the agency that leads to the collection of child support owed by
6-34 an obligor who is delinquent in paying support.
6-35 (b) The Title IV-D agency shall adopt rules providing for
6-36 the amounts of rewards offered under this section and the
6-37 circumstances under which an individual providing information
6-38 described in Subsection (a) is entitled to receive a reward.
6-39 (c) A reward paid under this section shall be paid from the
6-40 child support retained collections account.
6-41 SECTION 22. Section 232.003, Family Code, as added by
6-42 Chapters 655 and 751, Acts of the 74th Legislature, Regular
6-43 Session, 1995, is amended to read as follows:
6-44 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
6-45 IV-D agency may [shall] issue an order suspending a license as
6-46 provided by this chapter if an obligor:
6-47 (1) has an arrearage equal to or greater than the
6-48 total support due for 90 days under a support order;
6-49 (2) has been provided an opportunity to make payments
6-50 toward the child support arrearage under an agreed or court-ordered
6-51 repayment schedule; and
6-52 (3) has failed to comply with the repayment schedule.
6-53 SECTION 23. Section 232.003, Family Code, as added by
6-54 Chapter 751, Acts of the 74th Legislature, Regular Session, 1995,
6-55 is amended to read as follows:
6-56 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
6-57 IV-D agency may issue an order suspending a license as provided by
6-58 this chapter if an obligor:
6-59 (1) has an arrearage equal to or greater than the
6-60 total support due for 90 days under a support order;
6-61 (2) has been provided an opportunity to make payments
6-62 toward the child support arrearage under an agreed or court-ordered
6-63 repayment schedule, without regard to whether the repayment
6-64 schedule was agreed to or ordered before or after the date the
6-65 petition for suspension of a license was filed; and
6-66 (3) has failed to comply with the repayment schedule.
6-67 SECTION 24. Section 232.004(a), Family Code, is amended to
6-68 read as follows:
6-69 (a) A child support agency or obligee may file a petition to
7-1 suspend, as provided by this chapter, a license of an obligor who
7-2 has an arrearage equal to or greater than the total support due for
7-3 90 days under a support order.
7-4 SECTION 25. Section 232.009, Family Code, is amended to read
7-5 as follows:
7-6 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
7-7 shall consider the allegations of the petition for suspension to be
7-8 admitted and shall render an order suspending the license of an
7-9 obligor without the requirement of a hearing if the court or Title
7-10 IV-D agency determines that [if] the obligor failed [fails] to:
7-11 (1) respond to a notice issued under Section 232.006;
7-12 (2) request a hearing; or
7-13 (3) appear at a hearing.
7-14 SECTION 26. Subtitle D, Title 5, Family Code, is amended by
7-15 adding Chapter 233 to read as follows:
7-16 CHAPTER 233. SHARING INFORMATION IN STATE CASE REGISTRY
7-17 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
7-18 registry shall provide information under this chapter on the
7-19 written request of a custodial parent whose case:
7-20 (1) is included in the state case registry established
7-21 under 42 U.S.C. Section 654a and for whom the Title IV-D agency is
7-22 not providing enforcement services; or
7-23 (2) would otherwise not be required to be included in
7-24 the state case registry under 42 U.S.C. Section 654a but who has
7-25 applied for inclusion under Section 233.002.
7-26 (b) The state case registry shall provide to a custodial
7-27 parent under Subsection (a) who makes a request for information or
7-28 to an attorney, friend of the court, guardian ad litem, or domestic
7-29 relations office designated by the parent any information in the
7-30 registry concerning the parent's case, including:
7-31 (1) the noncustodial parent's address, social security
7-32 number, and employer's name and address;
7-33 (2) the amount and location of real and personal
7-34 property owned by the noncustodial parent;
7-35 (3) the name and address of financial institutions in
7-36 which the noncustodial parent has an account and each account
7-37 number; and
7-38 (4) any other information the disclosure of which is
7-39 not specifically prohibited by federal law.
7-40 Sec. 233.002. REQUEST TO INCLUDE CASE IN REGISTRY. The case
7-41 of a custodial parent whose case would otherwise not be included in
7-42 the state case registry under 42 U.S.C. Section 654a may be
7-43 included in the state case registry by making a written request to
7-44 the registry either directly or through an attorney, friend of the
7-45 court, guardian ad litem, or domestic relations office designated
7-46 by the custodial parent. The request must be accompanied by a
7-47 certified copy of the court order requiring the payment of child
7-48 support.
7-49 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
7-50 Title IV-D agency may not require an application for services as a
7-51 condition for:
7-52 (1) releasing information under Section 233.001 to a
7-53 custodial parent or to the person designated by the parent; or
7-54 (2) including a case in the state case registry under
7-55 Section 233.002.
7-56 Sec. 233.004. FEES. (a) The state case registry may charge
7-57 a fee for:
7-58 (1) including in the registry a child support case
7-59 entered in the registry under Section 233.002; and
7-60 (2) providing information concerning a case as
7-61 authorized by Section 233.001.
7-62 (b) The amount of a fee under this section may not exceed
7-63 the actual costs incurred by the state case registry in providing
7-64 the services.
7-65 SECTION 27. Subtitle D, Title 5, Family Code, is amended by
7-66 adding Chapter 234 to read as follows:
7-67 CHAPTER 234. COMPETITIVE BIDDING FOR CHILD
7-68 SUPPORT COLLECTION SERVICES
7-69 Sec. 234.001. DEFINITION. In this chapter, "council" means
8-1 the State Council on Competitive Government.
8-2 Sec. 234.002. POWERS AND DUTIES OF COUNCIL. (a) The
8-3 council shall:
8-4 (1) establish an initiative called "Kids Can't Wait"
8-5 to increase child support enforcement;
8-6 (2) identify child support enforcement functions
8-7 performed by the Title IV-D agency that may be competitively bid;
8-8 (3) establish guidelines for referral of child support
8-9 enforcement cases to a contractor;
8-10 (4) after consulting with the Title IV-D agency, make
8-11 recommendations regarding competitive bidding of child support
8-12 enforcement functions that are identified under Subdivision (2);
8-13 (5) consider the benefits of the state's participation
8-14 in an electronic parent locator network or a similar national
8-15 service designed to locate parents who owe child support;
8-16 (6) study the feasibility of cost recovery options in
8-17 child support collection actions for children who do not receive
8-18 public assistance; and
8-19 (7) engage in other activities necessary for the
8-20 administration of this chapter.
8-21 (b) The Title IV-D agency shall coordinate with the council
8-22 regarding competitive bidding of child support enforcement
8-23 functions identified under this section.
8-24 (c) A member of the council may designate an employee of the
8-25 state agency represented by the member to perform any of the
8-26 member's powers or duties under this section.
8-27 (d) The Title IV-D agency shall cooperate with the council
8-28 if requested by the council.
8-29 (e) The council and the Title IV-D agency shall report not
8-30 later than October 1, 1998, to the presiding officer of each house
8-31 of the legislature the results of the council's efforts under this
8-32 section.
8-33 Sec. 234.003. CHILD SUPPORT COLLECTION AGREEMENT. The Title
8-34 IV-D agency or a contractor awarded a contract under this chapter
8-35 to collect child support may enter into an agreement with a person
8-36 liable for the payment of child support. The agreement may relate
8-37 to any matter that may be adjudicated by a court, including:
8-38 (1) the determination of paternity;
8-39 (2) the determination of the amount of child support
8-40 due;
8-41 (3) the method of making child support payments;
8-42 (4) the imposition of income garnishment or
8-43 withholding;
8-44 (5) the payment of fees;
8-45 (6) the reimbursement of costs; and
8-46 (7) other child support enforcement matters permitted
8-47 by state or federal law.
8-48 SECTION 28. Section 521.044, Transportation Code, is amended
8-49 by adding Subsection (e) to read as follows:
8-50 (e) The department shall include in the department's
8-51 legislative appropriations requests and budgets, in quarterly
8-52 performance reports, and in audits of the department's local
8-53 offices performance measures on the percentage of complete and
8-54 correct social security numbers on driver's licenses.
8-55 SECTION 29. Subchapter C, Chapter 521, Transportation Code,
8-56 is amended by adding Section 521.0445 to read as follows:
8-57 Sec. 521.0445. NOTICE REGARDING SUSPENSION OF LICENSE FOR
8-58 NONPAYMENT OF CHILD SUPPORT. The department shall include in each
8-59 notice sent to a driver's license holder a statement advising a
8-60 holder who is delinquent in the payment of child support to make
8-61 satisfactory arrangements with the office of the attorney general
8-62 to correct the delinquency and that failure to contact the attorney
8-63 general or to make satisfactory arrangements may result in the
8-64 commencement by the attorney general of procedures to suspend the
8-65 holder's driver's license.
8-66 SECTION 30. (a) The involvement of the attorney general's
8-67 office in matters related to the enforcement of child support is
8-68 subject to review under Chapter 325, Government Code (Texas Sunset
8-69 Act), as if the attorney general's involvement in matters relating
9-1 to the enforcement of child support were a state agency under that
9-2 chapter. The involvement of the attorney general's office in
9-3 matters related to child support enforcement is not abolished under
9-4 Chapter 325, Government Code (Texas Sunset Act).
9-5 (b) To the extent Chapter 325, Government Code (Texas Sunset
9-6 Act), imposes a duty on a state agency under review, the attorney
9-7 general's office shall perform the duty as it applies to the
9-8 attorney general's involvement in matters related to child support
9-9 enforcement.
9-10 (c) The Sunset Advisory Commission shall select an
9-11 independent firm with experience in evaluating government programs
9-12 to conduct a comprehensive analysis of, and to make recommendations
9-13 to the commission concerning, the structure, efficiency, and
9-14 effectiveness of the attorney general's involvement in matters
9-15 relating to child support enforcement. In performing the analysis
9-16 under this subsection, the firm shall consider and recommend
9-17 whether programs related to the enforcement of child support
9-18 should remain as part of the attorney general's office, be
9-19 privatized, or be transferred to an independent state agency
9-20 established to operate child support enforcement programs. The
9-21 commission may prescribe additional matters to be evaluated by the
9-22 firm selected under this subsection. The attorney general's office
9-23 shall pay the costs of the analysis by the firm selected under this
9-24 subsection from funds appropriated to the attorney general's office
9-25 for the enforcement of child support.
9-26 (d) The office of the state auditor, the Texas Legislative
9-27 Council, and the Department of Information Resources shall assist
9-28 the Sunset Advisory Commission in performing the commission's
9-29 review of the attorney general's involvement in matters relating to
9-30 the enforcement of child support.
9-31 (e) The Sunset Advisory Commission shall report its findings
9-32 as required under Section 325.010, Government Code, to the 76th
9-33 Legislature, Regular Session, 1999.
9-34 SECTION 31. (a) The change in law made by this Act applies
9-35 only to a child support lien notice or suit filed on or after the
9-36 effective date of this Act.
9-37 (b) A child support lien notice or suit filed before the
9-38 effective date of this Act is covered by the law in effect on the
9-39 date the lien notice or suit was filed, and the former law is
9-40 continued in effect for that purpose.
9-41 SECTION 32. The importance of this legislation and the
9-42 crowded condition of the calendars in both houses create an
9-43 emergency and an imperative public necessity that the
9-44 constitutional rule requiring bills to be read on three several
9-45 days in each house be suspended, and this rule is hereby suspended.
9-46 * * * * *