By Goodman, Naishtat                                  H.B. No. 3286

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the implementation of the child support enforcement

 1-3     provisions of Title III of the federal Personal Responsibility and

 1-4     Work Opportunity Reconciliation Act of 1996; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 101.011, Family Code, is amended to read

 1-7     as follows:

 1-8           Sec. 101.011.  EARNINGS.  "Earnings" means a payment to or

 1-9     due an individual, regardless of source and how [compensation paid

1-10     or payable for personal services, whether] denominated.  The term

1-11     includes a periodic or lump-sum payment for:

1-12                 (1)  [as] wages, salary, compensation received as an

1-13     independent contractor, overtime pay, severance pay, commission,

1-14     bonus, and interest income;

1-15                 (2)  [or otherwise.  The term includes periodic]

1-16     payments made under [pursuant to] a pension, an annuity, workers'

1-17     compensation, and a disability or [and] retirement program;[,] and

1-18                 (3)  unemployment benefits.

1-19           SECTION 2.  Section 101.012, Family Code, is amended to read

1-20     as follows:

1-21           Sec. 101.012.  EMPLOYER.  "Employer" means a person,

1-22     corporation, partnership, workers' compensation insurance carrier,

1-23     governmental entity, [and] the United States, or any other entity

1-24     that pays or owes earnings to an individual.  The term [and]

 2-1     includes, for the purposes of enrolling dependents in a group

 2-2     health insurance plan, a union, trade association, or other similar

 2-3     organization.

 2-4           SECTION 3.  Section 101.020, Family Code, is amended to read

 2-5     as follows:

 2-6           Sec. 101.020.  MEDICAL SUPPORT.  "Medical support" means

 2-7     periodic payments or a lump-sum payment made under an [a court]

 2-8     order to cover medical expenses, including health insurance

 2-9     coverage, incurred for the benefit of a child.

2-10           SECTION 4.  Section 101.034, Family Code, is amended to read

2-11     as follows:

2-12           Sec. 101.034.  TITLE IV-D CASE.  "Title IV-D case" means an

2-13     action in which services are provided by the Title IV-D agency [to

2-14     establish or enforce support obligations filed] under Part D, Title

2-15     IV, of the federal Social Security Act (42 U.S.C. Section 651 et

2-16     seq.), relating to the location of an absent parent, determination

2-17     of parentage, or establishment, modification, or enforcement of a

2-18     child support or medical support obligation.

2-19           SECTION 5.  Chapter 101, Family Code, is amended by adding

2-20     Sections 101.0011, 101.0161, 101.0201, and 101.0301 to read as

2-21     follows:

2-22           Sec. 101.0011.  ADMINISTRATIVE WRIT OF WITHHOLDING.

2-23     "Administrative writ of withholding" means the document issued by

2-24     the Title IV-D agency and delivered to an employer directing that

2-25     earnings be withheld for payment of child support as provided by

2-26     Chapter 158.

2-27           Sec. 101.0161.  JUDICIAL WRIT OF WITHHOLDING.  "Judicial writ

 3-1     of withholding" means the document issued by the clerk of a court

 3-2     and delivered to an employer directing that earnings be withheld

 3-3     for payment of child support as provided by Chapter 158.

 3-4           Sec. 101.0201.  NOTICE OF APPLICATION FOR JUDICIAL WRIT OF

 3-5     WITHHOLDING.  "Notice of application for judicial writ of

 3-6     withholding" means the document delivered to an obligor and filed

 3-7     with the court as required by Chapter 158 for the nonjudicial

 3-8     determination of arrears and initiation of withholding.

 3-9           Sec. 101.0301.  STATE CASE REGISTRY.  "State case registry"

3-10     means the registry established and operated by the Title IV-D

3-11     agency under 42 U.S.C. Section 654A that has responsibility for

3-12     maintaining records with respect to child support orders in all

3-13     Title IV-D cases and in all other cases in which a support order is

3-14     rendered or modified under this title on or after October 1, 1998.

3-15           SECTION 6.  Subsection (b), Section 105.002, Family Code, is

3-16     amended to read as follows:

3-17           (b)  A party may not demand a jury trial in:

3-18                 (1)  a suit in which adoption is sought, including a

3-19     trial on the issue of denial or revocation of consent to the

3-20     adoption by the managing conservator; or

3-21                 (2)  a suit to determine parentage under Chapter 160.

3-22           SECTION 7.  Section 105.006, Family Code, is amended by

3-23     amending Subsections (b), (c), (e), and (g) and adding Subsection

3-24     (f) to read as follows:

3-25           (b)  Except as provided by Subsection (c), the court shall

3-26     order each party to inform each other party, the court that

3-27     rendered the order, and the state case registry under Chapter 234

 4-1     of an intended change in any of the information required by this

 4-2     section as long as any person, as a result of the order, is under

 4-3     an obligation to pay child support or is entitled to possession of

 4-4     or access to a child.  The court shall order that notice of the

 4-5     intended change be given at the earlier of:

 4-6                 (1)  the 60th day before the date the party intends to

 4-7     make the change; or

 4-8                 (2)  the fifth day after the date that the party knew

 4-9     of the change, if the party did not know or could not have known of

4-10     the change in sufficient time to comply with Subdivision (1).

4-11           (c)  If a court finds after notice and hearing that requiring

4-12     a party to provide the information required by this section to

4-13     another party is likely to cause the child or a conservator

4-14     harassment, abuse, serious harm, or injury, the court may:

4-15                 (1)  order the information not to be disclosed to

4-16     another party; or

4-17                 (2)  render any other order the court considers

4-18     necessary.

4-19           (e)  Except as provided by Subsection (c), an order in a suit

4-20     that orders child support or possession of or access to a child

4-21     must also contain the following notice [order] in bold-faced type

4-22     or in capital letters:

4-23           "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO

4-24     NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY

4-25     [WITHIN 10 DAYS AFTER THE DATE] OF ANY CHANGE IN THE PARTY'S

4-26     CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER,

4-27     NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,

 5-1     AND WORK TELEPHONE NUMBER.  THE PARTY IS ORDERED TO GIVE NOTICE OF

 5-2     AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER

 5-3     PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH

 5-4     DAY BEFORE THE INTENDED CHANGE.  IF THE PARTY DOES NOT KNOW OR

 5-5     COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE

 5-6     60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON

 5-7     OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE

 5-8     CHANGE.

 5-9           "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,

5-10     THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY

5-11     PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY

5-12     CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

5-13           "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO

5-14     PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY

5-15     WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER

5-16     LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A

5-17     FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP

5-18     TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY

5-19     JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."

5-20           (f)  Except for an action in which contempt is sought, in any

5-21     subsequent child support enforcement action, the court may, on a

5-22     showing that diligent effort has been made to determine the

5-23     location of a party, consider due process requirements for notice

5-24     and service of process to be met with respect to that party on

5-25     delivery of written notice to the most recent residential or

5-26     employer address filed by that party with the court and the state

5-27     case registry.

 6-1           (g)  The Title IV-D agency shall promulgate and provide forms

 6-2     for a party to use in reporting to the court and, when established,

 6-3     to the state case registry under Chapter 234 the information

 6-4     required under this section [Notwithstanding another provision of

 6-5     this section, a court in a county with a population of 2.8 million

 6-6     or more shall order each party to inform the clerk of the court of

 6-7     a change in information required by this section in the manner

 6-8     provided by Subsection (b).  The order required by Subsection (e)

 6-9     shall reflect the notification requirement of this subsection].

6-10           SECTION 8.  Chapter 105, Family Code, is amended by adding

6-11     Section 105.008 to read as follows:

6-12           Sec. 105.008.  RECORD OF SUPPORT ORDER FOR STATE CASE

6-13     REGISTRY.  (a)  The clerk of the court shall provide the state case

6-14     registry with a record of a court order for child support as

6-15     required by procedures adopted under Section 234.003.

6-16           (b)  To the extent federal funds are available, the Title

6-17     IV-D agency shall reimburse the clerk of the court for the costs

6-18     incurred in providing the record of support order required under

6-19     this section.

6-20           SECTION 9.  Subsection (a), Section 110.002, Family Code, is

6-21     amended to read as follows:

6-22           (a)  The clerk of the court may collect a filing fee of $15

6-23     in a suit for filing:

6-24                 (1)  a suit for modification;

6-25                 (2)  a motion for enforcement;

6-26                 (3)  a notice of application for judicial writ of

6-27     withholding [delinquency]; or

 7-1                 (4)  a motion to transfer.

 7-2           SECTION 10.  Section 110.004, Family Code, is amended to read

 7-3     as follows:

 7-4           Sec. 110.004.  FEE FOR ISSUING AND DELIVERING WITHHOLDING

 7-5     ORDER OR WRIT.  The clerk of the court may charge a reasonable fee,

 7-6     not to exceed $15, for each order or writ of income withholding

 7-7     issued by the clerk and delivered to an employer [by mail].

 7-8           SECTION 11.  Subsection (a), Section 154.007, Family Code, is

 7-9     amended to read as follows:

7-10           (a)  In [Except for good cause shown, or on agreement of the

7-11     parties, in] a proceeding in which periodic payments of child

7-12     support are ordered, modified, or enforced, the court or Title IV-D

7-13     agency shall order that income be withheld from the disposable

7-14     earnings of the obligor as provided by Chapter 158.

7-15           SECTION 12.  Subsection (b), Section 154.184, Family Code, is

7-16     amended to read as follows:

7-17           (b)  If the employee or member is eligible for dependent

7-18     health coverage, the employer [The child] shall [be] automatically

7-19     enroll the child [enrolled] for the first 31 days after the receipt

7-20     of the order or notice of the medical support order under Section

7-21     154.186 [by the employer] on the same terms and conditions as apply

7-22     to any other dependent child.

7-23           SECTION 13.  Section 154.186, Family Code, is amended to read

7-24     as follows:

7-25           Sec. 154.186.  NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.

7-26     The obligee, obligor, or a child support agency may send to the

7-27     employer a copy of the order requiring an employee to provide

 8-1     health insurance coverage for a child or may include notice of the

 8-2     medical support order in an order or writ of withholding sent to

 8-3     the employer in accordance with Chapter 158.

 8-4           SECTION 14.  Subsections (a), (c), and (d), Section 154.187,

 8-5     Family Code, are amended to read as follows:

 8-6           (a)  An order or notice under this subchapter to an employer

 8-7     directing that health insurance coverage be provided to a child of

 8-8     an employee or member is binding on a current or subsequent [the]

 8-9     employer on receipt without regard to the date the order was

8-10     rendered.  If the employee or member is eligible for dependent

8-11     health coverage for the child, the employer shall immediately

8-12     enroll the child in a health insurance plan regardless of whether

8-13     the employee is enrolled in the plan.  If dependent coverage is not

8-14     available to the employee or member through the employer's health

8-15     insurance plan or enrollment cannot be made permanent or if the

8-16     employer is not responsible or otherwise liable for providing such

8-17     coverage, the employer shall provide notice to the sender in

8-18     accordance with Subsection (c).

8-19           (c)  An employer who has received an order or notice under

8-20     this subchapter shall provide to the sender, by first class mail

8-21     not later than the 30th day after the date the employer receives

8-22     the order or notice, a statement that the child:

8-23                 (1)  has been enrolled in a health insurance plan; or

8-24                 (2)  cannot be enrolled or cannot be enrolled

8-25     permanently in a health insurance plan and provide the reason why

8-26     coverage or permanent coverage cannot be provided.

8-27           (d)  If the employee ceases employment or if the health

 9-1     insurance coverage lapses, the employer shall provide to the

 9-2     sender, by first class mail not later than the 15th day after the

 9-3     date of the termination of employment or the lapse of the coverage,

 9-4     notice of the termination or lapse and of the availability of any

 9-5     conversion privileges[, if any].

 9-6           SECTION 15.  Section 154.189, Family Code, is amended to read

 9-7     as follows:

 9-8           Sec. 154.189.  NOTICE OF TERMINATION OR LAPSE OF INSURANCE

 9-9     COVERAGE.  (a)  An obligor ordered to provide health insurance

9-10     coverage for a child must notify the obligee and any child support

9-11     agency enforcing a support obligation against the obligor of the:

9-12                 (1)  termination or lapse of health insurance coverage

9-13     for the child not later than the 15th day after the date of a

9-14     termination or lapse; and

9-15                 (2)  availability of additional health insurance to the

9-16     obligor for the child after a termination or lapse of coverage not

9-17     later than the 15th day after the date the insurance becomes

9-18     available.

9-19           (b)  If termination of coverage results from a change of

9-20     employers, the obligor, the obligee, or the child support agency

9-21     may send the new employer a copy of the order requiring the

9-22     employee to provide health insurance for a child or notice of the

9-23     medical support order as provided by this subchapter.

9-24           SECTION 16.  Subchapter D, Chapter 154, Family Code, is

9-25     amended by adding Section 154.193 to read as follows:

9-26           Sec. 154.193.  MEDICAL SUPPORT ORDER NOT QUALIFIED.  (a)  If

9-27     a plan administrator or other person acting in an equivalent

 10-1    position determines that a medical support order issued under this

 10-2    subchapter does not qualify for enforcement under federal law, the

 10-3    tribunal may, on its own motion or the motion of a party, render an

 10-4    order that qualifies for enforcement under federal law.

 10-5          (b)  The procedure for filing a motion for enforcement of a

 10-6    final order applies to a motion under this section.  Service of

 10-7    citation is not required, and a person is not entitled to a jury in

 10-8    a proceeding under this section.

 10-9          (c)  The employer or plan administrator is not a necessary

10-10    party to a proceeding under this section.

10-11          SECTION 17.  Subsection (a), Section 156.401, Family Code, is

10-12    amended to read as follows:

10-13          (a)  Except as provided by Subsection (b), the court may

10-14    modify an order that provides for the support of a child if:

10-15                (1)  the circumstances of the child or a  person

10-16    affected by the order have materially and substantially changed

10-17    since the date of the order's rendition; or

10-18                (2)  it has been three years since the order was

10-19    rendered or last modified and the monthly amount of the child

10-20    support award under the order differs by either 20 percent or $100

10-21    from the amount that would be awarded in accordance with the child

10-22    support guidelines.

10-23          SECTION 18.  Subsection (b), Section 157.002, Family Code, is

10-24    amended to read as follows:

10-25          (b)  A motion for enforcement of child support:

10-26                (1)  must include the amount owed as provided in the

10-27    order, the amount paid, and the amount of arrearages;

 11-1                (2)  if contempt is requested, must include the portion

 11-2    of the order allegedly violated and, for each date of alleged

 11-3    contempt, the amount due and the amount paid, if any; [and]

 11-4                (3)  may include as an attachment a copy of a record of

 11-5    child support payments maintained by the Title IV-D registry or a

 11-6    local registry; and

 11-7                (4)  if the obligor owes arrearages for a child

 11-8    receiving assistance under Part A of Title IV of the federal Social

 11-9    Security Act, may include a request that:

11-10                      (A)  the obligor pay the arrearages in accordance

11-11    with a plan approved by the court; or

11-12                      (B)  if the obligor is already subject to a plan

11-13    and is not incapacitated, the obligor participate in work

11-14    activities, as defined under 42 U.S.C. Section 607(d), that the

11-15    court determines appropriate.

11-16          SECTION 19.  Subsection (a), Section 157.065, Family Code, is

11-17    amended to read as follows:

11-18          (a)  If a party has been ordered under Chapter 105 to provide

11-19    the [clerk of the] court and the state case registry with the

11-20    party's current mailing address, notice of a motion for enforcement

11-21    may be served by mailing a copy of the notice to the respondent,

11-22    together with a copy of the motion, by first class mail to the last

11-23    mailing address of the respondent on file with the court and the

11-24    registry [clerk].

11-25          SECTION 20.  Section 157.311, Family Code, is amended to read

11-26    as follows:

11-27          Sec. 157.311.  DEFINITIONS.  In this subchapter:

 12-1                (1)  "Claimant" means:

 12-2                      (A)  the obligee or a private attorney

 12-3    representing the obligee;

 12-4                      (B)  the Title IV-D agency providing child

 12-5    support services;

 12-6                      (C)  a domestic relations office or local

 12-7    registry; or

 12-8                      (D)  an attorney appointed as a friend of the

 12-9    court.

12-10                (2)  "Court having continuing jurisdiction" is the

12-11    court of continuing, exclusive jurisdiction in this state or a

12-12    tribunal of another state having jurisdiction under the Uniform

12-13    Interstate Family Support Act or a substantially similar act.

12-14                (3)  "Lien" means a child support lien.

12-15          SECTION 21.  Section 157.312, Family Code, is amended by

12-16    adding Subsections (d), (e), and (f) to read as follows:

12-17          (d)  A child support lien arises:

12-18                (1)  by operation of law against real and personal

12-19    property of an obligor for all amounts of overdue support,

12-20    regardless of whether the amounts have been adjudicated or

12-21    otherwise determined, subject to the requirements of this

12-22    subchapter for recording and notice; or

12-23                (2)  when a court having continuing jurisdiction or, in

12-24    a Title IV-D case, the Title IV-D agency determines an amount of

12-25    arrears owed by a child support obligor.

12-26          (e)  A child support lien arising in another state may be

12-27    enforced in the same manner and to the same extent as a lien

 13-1    arising in this state.

 13-2          (f)  A foreclosure action under this subchapter is not

 13-3    required as a prerequisite to levy and execution on a judgment or

 13-4    an administrative determination of arrears rendered after notice

 13-5    and opportunity for hearing.

 13-6          SECTION 22.  Subsection (a), Section 157.313, Family Code, is

 13-7    amended to read as follows:

 13-8          (a)  A child support lien notice must contain:

 13-9                (1)  the style, docket number, and identity of the

13-10    tribunal of this or another state [court] having continuing

13-11    jurisdiction of the child support action;

13-12                (2)  the name, address, and, if available, the birth

13-13    date, driver's license number, and social security number of the

13-14    obligor;

13-15                (3)  the name and social security number, if available,

13-16    of the obligee and the child;

13-17                (4)  the amount of child support arrearages owed by the

13-18    obligor and the date of the signing [rendition] of the court order,

13-19    administrative order, or [issuance of the] writ that determined the

13-20    arrearages or the date and manner in which the arrearages were

13-21    determined;

13-22                (5)  the rate of interest specified in the court order,

13-23    administrative order, or writ or, in the absence of a specified

13-24    interest rate, the rate provided for by law [Subchapter F]; and

13-25                (6)  the name and address of the person or agency

13-26    asserting the lien [to whom the payment of the child support

13-27    arrearages shall be made].

 14-1          SECTION 23.  Section 157.314, Family Code, is amended to read

 14-2    as follows:

 14-3          Sec. 157.314.  FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT.

 14-4    (a)  A child support lien notice or an abstract of judgment for

 14-5    past due child support may be filed by the claimant with the county

 14-6    clerk of:

 14-7                (1)  [the county clerk of] any county in which the

 14-8    obligor is believed to own nonexempt real or personal property;

 14-9                (2)  [or in] the county in which the obligor resides;

14-10    or

14-11                (3)  the county in which the court having continuing

14-12    jurisdiction has venue of the suit affecting the parent-child

14-13    relationship.

14-14          (b)  A child support lien notice may be filed with:

14-15                (1) [(2)]  the clerk of the court in which a claim,

14-16    counterclaim, or suit by, or on behalf of, the obligor, including a

14-17    claim or potential right to proceeds from an estate as an heir,

14-18    beneficiary, or creditor, is pending, provided that a copy of the

14-19    lien is mailed to the attorney of record for the obligor, if any;

14-20    [or]

14-21                (2) [(3)]  an attorney who represents the obligor in a

14-22    claim or counterclaim that has not been filed with a court;

14-23                (3)  any other individual or organization believed to

14-24    be in possession of real or personal property of the obligor; or

14-25                (4)  any governmental unit or agency that issues or

14-26    records certificates, titles, or other indicia of property

14-27    ownership.

 15-1          SECTION 24.  Section 157.316, Family Code, is amended to read

 15-2    as follows:

 15-3          Sec. 157.316.  PERFECTION OF CHILD SUPPORT LIEN.  A child

 15-4    support lien is perfected [attaches] when an abstract of judgment

 15-5    for past due child support or a child support lien notice is filed

 15-6    with the county clerk as provided by this subchapter.

 15-7          SECTION 25.  Subsection (a), Section 157.317, Family Code, is

 15-8    amended to read as follows:

 15-9          (a)  A lien attaches to all real and personal property not

15-10    exempt under the Texas Constitution, including a claim for

15-11    negligence, personal injury, or workers' compensation, or an

15-12    insurance award for the claim, owned by the obligor on or after the

15-13    date the lien notice or abstract of judgment is filed with the

15-14    county clerk of the county in which the property is located, with

15-15    the court clerk as to property or claims in litigation, or, as to

15-16    property of the obligor in the possession or control of a third

15-17    party, from the date the lien notice is filed with that party

15-18    [attaches].

15-19          SECTION 26.  Section 157.318, Family Code, is amended to read

15-20    as follows:

15-21          Sec. 157.318.  DURATION AND EFFECT OF CHILD SUPPORT LIEN.

15-22    (a)  A lien is effective until all current support and child

15-23    support arrearages, including interest, have been paid or the lien

15-24    is otherwise released as provided by this subchapter [for 10 years

15-25    from the date the notice is recorded in the county clerk's office

15-26    in the county where the property of the obligor is located].

15-27          (b)  The lien secures payment of all child support arrears

 16-1    owed by the obligor under the underlying support order, including

 16-2    arrearages that accrue after the administrative or judicial

 16-3    determination of arrearages stated in the lien notice [may be

 16-4    extended for an additional 10-year period by recording a lien

 16-5    notice before the tenth anniversary of the date of the original

 16-6    recording of the notice].

 16-7          (c)  The filing of a lien notice or abstract of judgment with

 16-8    the county clerk is a record of the notice and has the same effect

 16-9    as any other lien notice with respect to real property records.

16-10          SECTION 27.  Section 157.319, Family Code, is amended to read

16-11    as follows:

16-12          Sec. 157.319.  EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].

16-13    (a)  [The filing of a lien notice is a record of the notice.]

16-14          [(b)]  If [a lien has been filed as provided in this

16-15    subchapter and] a person having notice of the lien possesses

16-16    nonexempt personal property of the obligor that may be subject to

16-17    the lien, the property may not be paid over, released, sold,

16-18    transferred, encumbered, or conveyed unless:

16-19                (1)  a release of lien signed by the claimant is

16-20    delivered to the person in possession; or

16-21                (2)  a court, after notice to the claimant and hearing,

16-22    has ordered the release of the lien because arrearages do not

16-23    exist.

16-24          (b)  A person having notice of a child support lien who

16-25    violates this section may be joined as a party to a foreclosure

16-26    action under this chapter and is subject to the penalties provided

16-27    by this subchapter.

 17-1          SECTION 28.  Section 157.321, Family Code, is amended to read

 17-2    as follows:

 17-3          Sec. 157.321.  DISCRETIONARY RELEASE OF LIEN.  A claimant may

 17-4    at any time release a lien on all or part of the property of the

 17-5    obligor or return seized property, without liability, if assurance

 17-6    of payment is considered adequate by the claimant or if the release

 17-7    or return will facilitate the collection of the arrearages.  The

 17-8    release or return may not operate to prevent future action to

 17-9    collect from the same or other property owned by the obligor.

17-10          SECTION 29.  Subsections (a) and (b), Section 157.322, Family

17-11    Code, are amended to read as follows:

17-12          (a)  On payment in full of the amount of child support due,

17-13    together with any costs and reasonable attorney's fees, the

17-14    claimant shall execute and deliver to the obligor or the obligor's

17-15    attorney a release of the child support lien.

17-16          (b)  The release of lien is effective when filed with the

17-17    county clerk with whom the lien notice or abstract of judgment was

17-18    filed.  A copy of the release of lien may be filed with any other

17-19    individual or organization that may have been served with a lien

17-20    notice under this subchapter [A child support lien release shall be

17-21    filed in the same manner as the notice of lien].

17-22          SECTION 30.  Section 157.323, Family Code, is amended to read

17-23    as follows:

17-24          Sec. 157.323.  FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.

17-25    (a)  In addition to any other remedy provided by law [When a lien

17-26    notice has been filed under this subchapter], an action to

17-27    foreclose a child support lien or to dispute the amount of

 18-1    arrearages stated in the lien [on nonexempt real or personal

 18-2    property] may be brought in the court of continuing jurisdiction

 18-3    or, if there is no court of continuing jurisdiction in this state,

 18-4    in the district court of the county in which the property is or was

 18-5    located and the lien was filed.

 18-6          (b)  The procedures provided by Subchapter B apply to a

 18-7    foreclosure action under this section, except that a person or

 18-8    organization in possession of the property of the obligor may be

 18-9    joined as an additional respondent.

18-10          (c)  If [After notice to the obligor and the claimant, the

18-11    court shall conduct a hearing and, if] arrearages are owed by the

18-12    obligor, the court shall:

18-13                (1)  render judgment against the obligor for the amount

18-14    due, plus costs and reasonable attorney's fees; [and]

18-15                (2)  order any official authorized to levy execution to

18-16    satisfy the lien, costs, and attorney's fees by selling any

18-17    property on which a lien is established under this subchapter; or

18-18                (3)  order an individual or organization in possession

18-19    of nonexempt personal property or cash owned by the obligor to

18-20    dispose of the property as the court may direct.

18-21          (d)  For execution and sale [(c)  In all sales contemplated]

18-22    under this section, publication of notice is necessary only for

18-23    three consecutive weeks in a newspaper published in the county

18-24    where the property is located or, if there is no newspaper in that

18-25    county, in the most convenient newspaper in circulation in the

18-26    county.

18-27          SECTION 31.  Section 157.324, Family Code, is amended to read

 19-1    as follows:

 19-2          Sec. 157.324.  LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR

 19-3    LIEN.  A person who knowingly disposes of property subject to a

 19-4    lien or who, after a foreclosure hearing, fails to surrender on

 19-5    demand nonexempt personal property as directed by a court or

 19-6    administrative order [seized] under this subchapter is liable to

 19-7    the claimant in an amount equal to the arrearages for which the

 19-8    foreclosure judgment was issued.

 19-9          SECTION 32.  Subsection (b), Section 157.325, Family Code, is

19-10    amended to read as follows:

19-11          (b)  If the claimant refuses the request, the holder of the

19-12    personal property or the obligor may file suit under this

19-13    subchapter for an order determining the amount of arrearages and

19-14    discharging [petition the court of competent jurisdiction for

19-15    discharge of] excess personal property or money from the lien.

19-16          SECTION 33.  Section 157.326, Family Code, is amended to read

19-17    as follows:

19-18          Sec. 157.326.  INTEREST OF OBLIGOR'S SPOUSE.  (a)  A spouse

19-19    of an obligor may file an affidavit with the [a] court of

19-20    continuing [competent] jurisdiction or, if there is no court of

19-21    continuing jurisdiction in this state, in the district court of the

19-22    county in which the property is or was located and the lien was

19-23    filed requesting that the court determine the extent, if any, of

19-24    the spouse's interest in real or personal property that is subject

19-25    to:

19-26                (1)  a lien perfected under this subchapter; or

19-27                (2)  an action to foreclose under this subchapter.

 20-1          (b)  After notice to the obligor, obligor's spouse, [and] the

 20-2    claimant, and the obligee, the court shall conduct a hearing and

 20-3    determine the extent, if any, of the ownership interest in the

 20-4    property held by the obligor's spouse.  If the court finds that:

 20-5                (1)  the property is the separate property of the

 20-6    obligor's spouse, the court shall order that the lien against the

 20-7    property be released and that any action to foreclose on the

 20-8    property be dismissed; or

 20-9                (2)  the property is jointly owned by the obligor and

20-10    the obligor's spouse, the court shall determine whether the sale of

20-11    the obligor's interest in the property would result in an

20-12    unreasonable hardship on the obligor's spouse or family and:

20-13                      (A)  if so, the court shall render an order that

20-14    the obligor's interest in the property not be sold and that the

20-15    lien against the property should be released; or

20-16                      (B)  if not, the court shall render an order

20-17    partitioning the property and directing that the property be sold

20-18    and the proceeds applied to the child support arrearages

20-19    [consistent with the provisions of this subchapter].

20-20          (c)  In a proceeding under this section, [subsection in

20-21    which] the spouse claiming [of the obligor claims by affidavit] an

20-22    ownership interest in the property[, the claimant] has the burden

20-23    to prove the extent of that [the obligor's] ownership interest.

20-24          SECTION 34.  Section 158.001, Family Code, is amended to read

20-25    as follows:

20-26          Sec. 158.001.  INCOME WITHHOLDING; GENERAL RULE [IN ORIGINAL

20-27    SUIT].  In [Except for good cause shown or on agreement of the

 21-1    parties, in] a proceeding in which periodic payments of child

 21-2    support are ordered, [or] modified, or enforced, the court or the

 21-3    Title IV-D agency shall order that income be withheld from the

 21-4    disposable earnings of the obligor as provided by this chapter.

 21-5          SECTION 35.  Section 158.002, Family Code, is amended to read

 21-6    as follows:

 21-7          Sec. 158.002.  SUSPENSION OF INCOME WITHHOLDING [IN

 21-8    SUBSEQUENT ACTION].  Except in a Title IV-D case, the [The] court

 21-9    may provide, for good cause shown or on agreement of the parties,

21-10    that the [shall] order withholding income need not be issued or

21-11    delivered to an employer until [withholding in a motion for

21-12    enforcement if the court finds that at the time of filing of the

21-13    motion]:

21-14                (1)  the obligor has been in arrears for an amount due

21-15    for more than 30 days; [and]

21-16                (2)  the amount of the arrearages is an amount equal to

21-17    or greater than the amount due for a one-month period; or

21-18                (3)  any other violation of the child support order has

21-19    occurred.

21-20          SECTION 36.  Section 158.006, Family Code, is amended to read

21-21    as follows:

21-22          Sec. 158.006.  INCOME WITHHOLDING IN TITLE IV-D SUITS.  In a

21-23    Title IV-D case, the court or the Title IV-D agency shall order

21-24    that income be withheld from the disposable earnings of the obligor

21-25    and may not suspend, stay, or delay issuance of the order or of a

21-26    judicial or administrative writ of withholding [and that all child

21-27    support payments be paid through a local registry or directly to

 22-1    the Title IV-D agency].

 22-2          SECTION 37.  Section 158.009, Family Code, is amended to read

 22-3    as follows:

 22-4          Sec. 158.009.  MAXIMUM AMOUNT WITHHELD FROM EARNINGS.  An

 22-5    order or writ of withholding shall direct that any employer of the

 22-6    obligor withhold from the obligor's disposable earnings the amount

 22-7    specified [in the order] up to a maximum amount of 50 percent of

 22-8    the obligor's disposable earnings.

 22-9          SECTION 38.  Section 158.010, Family Code, is amended to read

22-10    as follows:

22-11          Sec. 158.010.  ORDER OR WRIT BINDING ON EMPLOYER DOING

22-12    BUSINESS IN STATE.  An order or writ of withholding issued under

22-13    this chapter and delivered to an employer doing business in this

22-14    state is binding on the employer without regard to whether the

22-15    obligor resides or works outside this state.

22-16          SECTION 39.  Subsection (a), Section 158.011, Family Code, is

22-17    amended to read as follows:

22-18          (a)  An obligor may file with the clerk of the court a

22-19    notarized or acknowledged request signed by the obligor and the

22-20    obligee for the issuance and delivery to the obligor's employer of

22-21    a writ of withholding.  A notarized or acknowledged request may be

22-22    filed under this section regardless of whether a writ or order

22-23    [notice of delinquency] has been served on any party or of the

22-24    existence or amount of an arrearage.

22-25          SECTION 40.  Section 158.102, Family Code, is amended to read

22-26    as follows:

22-27          Sec. 158.102.  TIME LIMITATIONS.  The court retains

 23-1    jurisdiction to render an order that provides for income to be

 23-2    withheld from the disposable earnings of the obligor until all

 23-3    current support and child support arrearages, including interest,

 23-4    have been paid [if the motion for income withholding is filed not

 23-5    later than the fourth anniversary of the date:]

 23-6                [(1)  the child becomes an adult;]

 23-7                [(2)  the child support obligation terminates as

 23-8    provided in the order or by operation of law; or]

 23-9                [(3)  an order of withholding was rendered or a writ of

23-10    withholding was issued and arrearages have not been fully

23-11    discharged].

23-12          SECTION 41.  Section 158.103, Family Code, is amended to read

23-13    as follows:

23-14          Sec. 158.103.  CONTENTS OF ORDER OF WITHHOLDING.  An order of

23-15    withholding shall state:

23-16                (1)  the style, cause number, and court having

23-17    continuing jurisdiction of the suit;

23-18                (2)  the name, address, and, if available, the social

23-19    security number of the obligor;

23-20                (3)  the amount and duration of the child support

23-21    payments and medical support payments or other provisions for

23-22    medical support;

23-23                (4)  the name, address, and, if available, the social

23-24    security numbers of the child and the obligee;

23-25                (5)  the name and address of the person or agency to

23-26    whom the payments shall be made;

23-27                (6)  that the obligor is required to notify the court

 24-1    promptly of any change affecting the order; and

 24-2                (7)  that the ordered amount shall be paid to a local

 24-3    registry or the Title IV-D agency.

 24-4          SECTION 42.  Subsection (a), Section 158.106, Family Code, is

 24-5    amended to read as follows:

 24-6          (a)  The Title IV-D agency shall prescribe forms [a form]

 24-7    for:

 24-8                (1)  an [the] order of withholding that is sufficient

 24-9    if rendered [by a court] in substantially the prescribed manner;

24-10                (2)  a notice of application for judicial writ of

24-11    withholding; [and]

24-12                (3)  a judicial writ of withholding as [that is

24-13    sufficient when issued by the clerk of the court substantially in

24-14    the manner] provided by Subchapter D; and

24-15                (4)  an administrative writ of withholding, including

24-16    forms and procedures for electronic issuance of the writ, as

24-17    provided by Subchapter F [E].

24-18          SECTION 43.  Section 158.201, Family Code, is amended to read

24-19    as follows:

24-20          Sec. 158.201.  ORDER OR WRIT BINDING ON [NOTICE TO] EMPLOYER.

24-21    (a)  An employer required [who may be directed] to withhold income

24-22    from earnings is not entitled to [as provided by this chapter need

24-23    not be given] notice of the proceedings before the order is

24-24    rendered or writ of withholding is issued.

24-25          (b)  An order or writ of withholding is binding on an

24-26    employer regardless of whether the employer is specifically named

24-27    in the order or writ.

 25-1          SECTION 44.  Section 158.202, Family Code, is amended to read

 25-2    as follows:

 25-3          Sec. 158.202.  EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.

 25-4    An employer shall begin to withhold income in accordance with an

 25-5    order or writ of withholding not later than the first pay period

 25-6    following the date on which the order or writ was delivered to the

 25-7    employer and shall continue to withhold income as required by

 25-8    [provided in] the order or writ as long as the obligor is employed

 25-9    by the employer.

25-10          SECTION 45.  Section 158.205, Family Code, is amended to read

25-11    as follows:

25-12          Sec. 158.205.  HEARING REQUESTED BY EMPLOYER.  (a)  Not later

25-13    than the 20th day after the date an order or writ of withholding is

25-14    delivered, the employer may, as appropriate, file a motion with the

25-15    court or file a request with the Title IV-D agency for a hearing on

25-16    the applicability of the order or writ to the employer.  The Title

25-17    IV-D agency by rule shall establish procedures for an agency

25-18    hearing under this section.

25-19          (b)  The hearing under this section shall be held not later

25-20    than the 15th day after the date the motion or request was made

25-21    [filed].

25-22          (c)  An order or writ of withholding remains binding and

25-23    payments shall continue to be made pending further order of the

25-24    court or, in the case of an administrative writ, action of the

25-25    Title IV-D agency.

25-26          SECTION 46.  Subsection (a), Section 158.206, Family Code, is

25-27    amended to read as follows:

 26-1          (a)  An employer receiving an order or a writ of withholding

 26-2    under this chapter, including an order or writ directing that

 26-3    health insurance be provided to a child, who complies with the

 26-4    order or writ is not liable to the obligor for the amount of income

 26-5    withheld and paid as required by the [provided in the] order or

 26-6    writ.

 26-7          SECTION 47.  Subsection (b), Section 158.207, Family Code, is

 26-8    amended to read as follows:

 26-9          (b)  If the total amount due under the orders or writs

26-10    exceeds the maximum amount allowed to be withheld under Section

26-11    158.009, the employer shall pay an equal amount towards the current

26-12    support in each order or writ [portion of all orders or writs]

26-13    until the employer has complied fully with each current support

26-14    obligation [order or writ] and, thereafter, equal amounts on the

26-15    arrearages until the employer has complied with each order or writ,

26-16    or until the maximum total amount of allowed withholding is

26-17    reached, whichever occurs first.

26-18          SECTION 48.  Subsections (c) and (d), Section 158.209, Family

26-19    Code, are amended to read as follows:

26-20          (c)  If an employer intentionally discharges an employee in

26-21    violation of this section, the employer continues to be liable to

26-22    the employee for current wages and other benefits and for

26-23    reasonable attorney's fees and court costs incurred [by the

26-24    employee] in enforcing the employee's rights as provided in this

26-25    section.

26-26          (d)  An action under this section may be brought [only] by

26-27    the employee, a friend of the court, the domestic relations office,

 27-1    or the Title IV-D agency.

 27-2          SECTION 49.  The heading for Subchapter D, Chapter 158,

 27-3    Family Code, is amended to read as follows:

 27-4        SUBCHAPTER D.  JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK

 27-5          SECTION 50.  Section 158.301, Family Code, is amended to read

 27-6    as follows:

 27-7          Sec. 158.301.  NOTICE OF APPLICATION FOR JUDICIAL WRIT OF

 27-8    WITHHOLDING; FILING.  (a)  A notice of application for judicial

 27-9    writ of withholding may be filed if:

27-10                (1)  a delinquency occurs in child support payments in

27-11    an amount equal to or greater than the total support due for one

27-12    month; or

27-13                (2)  income withholding was not ordered at the time

27-14    child support was ordered.

27-15          (b)  The notice of application for judicial writ of

27-16    withholding may be filed in the court of continuing jurisdiction

27-17    by:

27-18                (1)  the Title IV-D agency;

27-19                (2)  the attorney representing the local domestic

27-20    relations office;

27-21                (3)  the attorney appointed a friend of the court as

27-22    provided in Chapter 202;

27-23                (4)  the obligor or obligee; or

27-24                (5)  a private attorney representing the obligor or

27-25    obligee.

27-26          (c)  The Title IV-D agency may [shall] in a Title IV-D case

27-27    file a notice of application for judicial writ of withholding on

 28-1    request of the obligor or obligee.

 28-2          SECTION 51.  Section 158.302, Family Code, is amended to read

 28-3    as follows:

 28-4          Sec. 158.302.  CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL

 28-5    WRIT OF WITHHOLDING.  The notice of application for judicial writ

 28-6    of withholding shall be verified and:

 28-7                (1)  state the amount of monthly support due, including

 28-8    medical support, the amount of arrearages or anticipated

 28-9    arrearages, including accrued interest, and the amount of wages

28-10    that will be withheld in accordance with a judicial [by the] writ

28-11    of withholding;

28-12                (2)  state that the withholding applies to each current

28-13    or subsequent employer or period of employment;

28-14                (3)  state that if the obligor does not contest the

28-15    withholding within 10 days after the date of receipt of the notice

28-16    [of withholding], the obligor's employer will be notified to begin

28-17    the withholding;

28-18                (4)  describe the procedures for contesting the

28-19    issuance and delivery of a writ of withholding;

28-20                (5)  state that if the obligor contests the

28-21    withholding, the obligor will be afforded an opportunity for a

28-22    hearing by the court not later than the 30th day after the date of

28-23    receipt of the notice of contest;

28-24                (6)  state that the sole ground for successfully

28-25    contesting the issuance of a writ [notice] of withholding is a

28-26    dispute concerning the identity of the obligor or the existence or

28-27    amount of the arrearages, including accrued interest;

 29-1                (7)  describe the actions that may be taken [the

 29-2    attorney will take] if the obligor contests the notice of

 29-3    application for judicial writ of withholding, including the

 29-4    procedures for suspending issuance of a writ of withholding; and

 29-5                (8)  include with the notice a suggested form for the

 29-6    motion to stay issuance and delivery of the judicial writ of

 29-7    withholding that the obligor may file with the clerk of the

 29-8    appropriate court.

 29-9          SECTION 52.  Subsections (a) and (c), Section 158.303, Family

29-10    Code, are amended to read as follows:

29-11          (a)  The [In a Title IV-D case, the] registration of a

29-12    foreign support order as provided in Chapter 159 is sufficient for

29-13    the filing of a notice of application for judicial writ of

29-14    withholding.

29-15          (c)  Notice of application for judicial writ of withholding

29-16    may be delivered to the obligor at the same time that an order is

29-17    filed for registration under Chapter 159.

29-18          SECTION 53.  Section 158.304, Family Code, is amended to read

29-19    as follows:

29-20          Sec. 158.304.  ADDITIONAL ARREARAGES [ANTICIPATED

29-21    VIOLATIONS].  If the notice of application for judicial writ of

29-22    withholding states [claims] that the obligor has repeatedly failed

29-23    to pay support in accordance with the underlying support [violated

29-24    the] order, the judicial writ may include arrearages that accrue

29-25    [movant may plead anticipated future violations of a similar nature

29-26    may arise] between the filing of the notice and the date of the

29-27    hearing or the issuance of a judicial writ of withholding.

 30-1          SECTION 54.  Section 158.306, Family Code, is amended to read

 30-2    as follows:

 30-3          Sec. 158.306.  DELIVERY OF NOTICE OF APPLICATION FOR JUDICIAL

 30-4    WRIT OF WITHHOLDING; TIME OF DELIVERY.  (a)  A notice of

 30-5    application for judicial writ of withholding may be delivered to

 30-6    the obligor by:

 30-7                (1)  hand delivery by a person designated by the Title

 30-8    IV-D agency or local domestic relations office;

 30-9                (2)  first-class or certified mail, return receipt

30-10    requested, addressed to the obligor's last known address or place

30-11    of employment; or

30-12                (3)  by service of citation as in civil cases

30-13    generally.

30-14          (b)  If the notice is delivered by mailing or hand delivery,

30-15    the party [attorney] who filed the notice shall file with the court

30-16    a certificate stating the name, address, and date on which the

30-17    mailing or hand delivery was made.

30-18          (c)  Notice is considered to have been received by the

30-19    obligor:

30-20                (1)  if hand delivered, on the date of delivery;

30-21                (2)  if mailed by certified mail, on the date of

30-22    receipt;

30-23                (3)  if mailed by first-class mail, on the 10th day

30-24    after the date the notice was mailed; or

30-25                (4)  if delivered by service of citation, on the date

30-26    of service.

30-27          SECTION 55.  Subsection (a), Section 158.307, Family Code, is

 31-1    amended to read as follows:

 31-2          (a)  The obligor may stay issuance of a judicial writ of

 31-3    withholding by filing a motion to stay [issuance] with the clerk of

 31-4    court not later than the 10th day after the date the notice of

 31-5    application for judicial writ of withholding was received.

 31-6          SECTION 56.  Section 158.308, Family Code, is amended to read

 31-7    as follows:

 31-8          Sec. 158.308.  EFFECT OF FILING MOTION TO STAY.  The filing

 31-9    of a motion to stay [issuance] by an obligor in the manner provided

31-10    by Section 158.307 prohibits the clerk of court from delivering the

31-11    judicial writ of [income] withholding to any employer of the

31-12    obligor before a hearing is held.

31-13          SECTION 57.  Section 158.309, Family Code, is amended to read

31-14    as follows:

31-15          Sec. 158.309.  HEARING ON MOTION TO STAY.  (a)  If a motion

31-16    to stay [issuance] is filed in the manner provided by Section

31-17    158.307, the court shall set a hearing on the motion and the clerk

31-18    of court shall notify the obligor, obligee, or their authorized

31-19    representatives, and the party [attorney] who filed the application

31-20    for notice of withholding of the date, time, and place of the

31-21    hearing.

31-22          (b)  The court shall hold a hearing on the motion to stay not

31-23    later than the 30th day after the date the motion was filed, except

31-24    that a hearing [on a motion to stay in a proceeding that is not in

31-25    a Title IV-D case] may be held later than the 30th day after filing

31-26    if both the obligor and obligee agree and waive the right to have

31-27    the motion heard within 30 days.

 32-1          (c)  Upon [After the] hearing, the court shall:

 32-2                (1)  render an order for income withholding that

 32-3    includes a determination of the amount of child support arrearages,

 32-4    including medical support and interest; or

 32-5                (2)  grant the motion to stay [deny the requested

 32-6    relief not later than the 45th day after the date the notice of

 32-7    withholding was received by the obligor].

 32-8          SECTION 58.  Subsections (a) and (c), Section 158.310, Family

 32-9    Code, are amended to read as follows:

32-10          (a)  A defect in a notice of application for judicial writ of

32-11    withholding is waived unless the respondent specially excepts in

32-12    writing and cites with particularity the alleged defect, obscurity,

32-13    or other ambiguity in the notice.

32-14          (c)  If the court sustains an exception, the court shall

32-15    provide the party [attorney] filing the notice [of withholding] an

32-16    opportunity to refile [the notice] and the court shall continue the

32-17    hearing to a date certain without the requirement of additional

32-18    service.

32-19          SECTION 59.  Subsection (a), Section 158.311, Family Code, is

32-20    amended to read as follows:

32-21          (a)  Payment of arrearages after receipt of notice of

32-22    application for judicial writ of withholding may not be the sole

32-23    basis for the court to refuse to order withholding.

32-24          SECTION 60.  Subsection (a), Section 158.312, Family Code, is

32-25    amended to read as follows:

32-26          (a)  If a notice of application for judicial writ of

32-27    withholding is delivered and a motion to stay is not filed within

 33-1    the time limits provided by Section 158.307, the party [attorney]

 33-2    who filed the notice [of withholding] shall file with the clerk of

 33-3    the court a request for issuance of the writ of withholding stating

 33-4    the amount of current support, including medical support, the

 33-5    amount of arrearages, and the amount to be withheld from the

 33-6    obligor's income [by the clerk of the court].

 33-7          SECTION 61.  Section 158.314, Family Code, is amended to read

 33-8    as follows:

 33-9          Sec. 158.314.  CONTENTS OF WRIT OF WITHHOLDING.  The judicial

33-10    writ of income withholding issued by the clerk must direct that the

33-11    employer or a subsequent employer [to] withhold from the obligor's

33-12    disposable income for current child support, including medical

33-13    support, and child support arrearages an amount that is consistent

33-14    with the provisions of this chapter regarding orders of

33-15    withholding.

33-16          SECTION 62.  Section 158.315, Family Code, is amended to read

33-17    as follows:

33-18          Sec. 158.315.  EXTENSION OF REPAYMENT SCHEDULE BY PARTY

33-19    [ATTORNEY]; UNREASONABLE HARDSHIP.  If the party [attorney] who

33-20    filed the notice of application for judicial writ of withholding

33-21    finds that the schedule for repaying arrearages would cause the

33-22    obligor, the obligor's family, or the children for whom the support

33-23    is due from the obligor to suffer unreasonable hardship, the party

33-24    [attorney] may extend the payment period in the writ.

33-25          SECTION 63.  Section 158.317, Family Code, is amended to read

33-26    as follows:

33-27          Sec. 158.317.  FAILURE TO RECEIVE NOTICE OF APPLICATION FOR

 34-1    JUDICIAL WRIT OF WITHHOLDING.  (a)  Not later than the 30th day

 34-2    after the date of the first pay period following the date of

 34-3    delivery of the writ of withholding to the obligor's employer, the

 34-4    obligor may file an affidavit with the court that a motion to stay

 34-5    [issuance and delivery] was not timely filed because the notice of

 34-6    application for judicial writ of withholding was not received by

 34-7    the obligor and that grounds exist for a motion to stay [issuance

 34-8    and delivery].

 34-9          (b)  Concurrently with the filing of the affidavit, the

34-10    obligor may file a motion to withdraw the writ of [income]

34-11    withholding and request a hearing on the applicability of the writ

34-12    [notice of delinquency].

34-13          (c)  Income withholding may not be interrupted until after

34-14    the hearing at which the court renders an order denying or

34-15    modifying withholding.

34-16          SECTION 64.  Section 158.319, Family Code, is amended to read

34-17    as follows:

34-18          Sec. 158.319.  ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF

34-19    WITHHOLDING TO SUBSEQUENT EMPLOYER.  (a)  After the issuance of a

34-20    judicial writ of withholding by the clerk, a party [an attorney]

34-21    authorized to file a notice of application for judicial writ of

34-22    withholding under this subchapter may issue the judicial writ of

34-23    withholding to a subsequent employer of the obligor by delivering

34-24    to the employer by certified mail a copy of the writ.

34-25          (b)  The judicial writ of withholding must include the name,

34-26    address, and signature of the party [attorney] and clearly indicate

34-27    that the writ is being issued to a subsequent employer.

 35-1          (c)  The party [attorney] shall file a copy of the judicial

 35-2    writ of withholding with the clerk not later than the third working

 35-3    day following delivery of the writ to the subsequent employer.  The

 35-4    party [attorney] shall pay the clerk a fee of $15 at the time the

 35-5    copy of the writ is filed.

 35-6          (d)  The party [attorney] shall file the postal return

 35-7    receipt from the delivery to the subsequent employer not later than

 35-8    the third working day after the party [attorney] receives the

 35-9    receipt.

35-10          SECTION 65.  Subsection (b), Section 158.401, Family Code, is

35-11    amended to read as follows:

35-12          (b)  At the request of the [The] Title IV-D agency, [shall

35-13    cause] the clerk of the court shall [to] issue a judicial [and to

35-14    deliver a] writ of withholding to the obligor's employer reflecting

35-15    any modification or changes in the amount to be withheld or the

35-16    termination of withholding.

35-17          SECTION 66.  Section 158.402, Family Code, is amended to read

35-18    as follows:

35-19          Sec. 158.402.  [EFFECT OF] AGREEMENT BY PARTIES REGARDING

35-20    AMOUNT OR DURATION OF WITHHOLDING.  (a)  An [If an] obligor and

35-21    obligee may agree on a reduction in or termination of income

35-22    withholding for child support on the occurrence of one of the

35-23    following contingencies stated in the order:

35-24                (1)  the child becomes 18 years of age or is graduated

35-25    from high school, whichever is later;

35-26                (2)  the child's disabilities of minority are removed

35-27    by marriage, court order, or other operation of law; or

 36-1                (3)  the child dies.

 36-2          (b)  The[, the] obligor and obligee may file a notarized or

 36-3    acknowledged request with the clerk of the court under Section

 36-4    158.011 for a revised judicial writ of withholding, including the

 36-5    termination of withholding.

 36-6          (c)  The clerk shall issue and deliver to an employer of the

 36-7    obligor a judicial writ of withholding [to the obligor's employer]

 36-8    that reflects the agreed revision [modification] or [the]

 36-9    termination of withholding.

36-10          (d)  An agreement by the parties under this section does not

36-11    modify the terms of a support order.

36-12          SECTION 67.  Chapter 158, Family Code, is amended by adding

36-13    Subchapter F to read as follows:

36-14             SUBCHAPTER F.  ADMINISTRATIVE WRIT OF WITHHOLDING

36-15                            IN TITLE IV-D CASES

36-16          Sec. 158.501.  ISSUANCE OF ADMINISTRATIVE WRIT OF

36-17    WITHHOLDING.  The Title IV-D agency may initiate income withholding

36-18    by issuing an administrative writ of withholding for the

36-19    enforcement of an existing order as authorized by this subchapter.

36-20          Sec. 158.502.  WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE

36-21    ISSUED.  An administrative writ of withholding under this

36-22    subchapter may be issued at any time until all current support,

36-23    including medical support, and child support arrearages have been

36-24    paid.

36-25          Sec. 158.503.  DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER;

36-26    FILING WITH COURT.  (a)  An administrative writ of withholding

36-27    issued under this subchapter may be delivered to an employer by

 37-1    mail or by electronic transmission.

 37-2          (b)  Not later than the third business day after the date of

 37-3    delivery of the administrative writ of withholding to an employer,

 37-4    the Title IV-D agency shall file a copy of the writ, together with

 37-5    a certificate of service, in the court of continuing jurisdiction.

 37-6          (c)  The copy of the administrative writ of withholding filed

 37-7    with the clerk of court must include:

 37-8                (1)  the name, address, and signature of the authorized

 37-9    attorney or individual that issued the writ;

37-10                (2)  the name and address of the employer served with

37-11    the writ; and

37-12                (3)  a true copy of the information provided to the

37-13    employer.

37-14          Sec. 158.504.  CONTENTS OF ADMINISTRATIVE WRIT OF

37-15    WITHHOLDING.  (a)  The administrative writ of withholding must be

37-16    in the form prescribed by the Title IV-D agency as required by this

37-17    chapter and in a standard format authorized by the United States

37-18    Department of Health and Human Services.

37-19          (b)  An administrative writ of withholding issued under this

37-20    subchapter may contain only the information that is necessary for

37-21    the employer to comply with the existing withholding order,

37-22    including the amount of current support and medical support, the

37-23    amount of arrearages, accrued interest, and the amount of earnings

37-24    to be withheld.

37-25          Sec. 158.505.  NOTICE TO OBLIGOR.  (a)  On issuance of an

37-26    administrative writ of withholding, the Title IV-D agency shall

37-27    send the obligor:

 38-1                (1)  notice that the withholding has commenced;

 38-2                (2)  notice of the procedures to follow if the obligor

 38-3    desires to contest withholding on the grounds that the identity of

 38-4    the obligor or the existence or amount of arrearages is incorrect;

 38-5    and

 38-6                (3)  a copy of the administrative writ, including the

 38-7    information concerning income withholding provided in the original

 38-8    writ to the employer.

 38-9          (b)  The notice required under this section may be sent to

38-10    the obligor by:

38-11                (1)  personal delivery by a person designated by the

38-12    Title IV-D agency;

38-13                (2)  first-class mail or certified mail, return receipt

38-14    requested, addressed to the obligor's last known address; or

38-15                (3)  service of citation as in civil cases generally.

38-16          (c)  The copy of the administrative writ of withholding

38-17    delivered to the obligor shall include the information concerning

38-18    income withholding provided in the original writ to the employer.

38-19          Sec. 158.506.  CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF

38-20    WITHHOLDING.  (a)  An obligor receiving the notice under Section

38-21    158.503 may request a review by the Title IV-D agency to resolve

38-22    any issue in dispute regarding the identity of the obligor or the

38-23    existence or amount of arrearages.  The Title IV-D agency shall

38-24    provide an opportunity for a review, by telephonic conference or in

38-25    person, as may be appropriate under the circumstances.

38-26          (b)  After a review under this section, the Title IV-D agency

38-27    may issue a new administrative writ of withholding to the employer,

 39-1    including a writ modifying the amount to be withheld or terminating

 39-2    withholding.

 39-3          (c)  If a review under this section fails to resolve any

 39-4    issue in dispute, the obligor is entitled to the remedies provided

 39-5    by Section 158.317 for cases in which a notice of an application

 39-6    for judicial writ of withholding was not received.  The obligor may

 39-7    file a motion with the court to withdraw the administrative writ

 39-8    and request a hearing with the court not later than the 30th day

 39-9    after receiving notice of the agency's determination.  Income

39-10    withholding may not be interrupted pending a hearing by the court.

39-11          Sec. 158.507.  ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.

39-12    An administrative writ to terminate withholding may be issued and

39-13    delivered to an employer by the Title IV-D agency when all current

39-14    support, including medical support, and child support arrearages

39-15    have been paid.

39-16          Sec. 158.508.  INTERSTATE REQUEST FOR INCOME WITHHOLDING.  An

39-17    administrative writ of withholding may be issued in a Title IV-D

39-18    interstate case on registration of a foreign support order as

39-19    provided in Chapter 159.

39-20          SECTION 68.  Section 231.002, Family Code, is amended by

39-21    amending Subsection (d) and adding Subsections (e) and (f) to read

39-22    as follows:

39-23          (d)  The Title IV-D agency may take the following

39-24    administrative actions [any action] with respect to the location of

39-25    a parent, the determination of parentage, and the establishment,

39-26    modification, and enforcement of child support and medical support

39-27    orders required by 42 U.S.C. Section 666(c), without obtaining an

 40-1    order from any other judicial or administrative tribunal:

 40-2                (1)  issue an administrative subpoena, as provided by

 40-3    Section 231.303, to obtain financial or other information;

 40-4                (2)  order genetic testing for parentage determination,

 40-5    as provided by Chapter 233;

 40-6                (3)  order income withholding, in the absence of an

 40-7    existing order, as provided by Chapter 233, and issue an

 40-8    administrative writ of withholding, as provided by Chapter 158; and

 40-9                (4)  take any action with respect to execution,

40-10    collection, and release of a judgment or lien for child support

40-11    necessary to satisfy the judgment or lien, as provided by Chapter

40-12    157.

40-13          (e)  The Title IV-D agency shall recognize and enforce the

40-14    authority of the Title IV-D agency of another state to take actions

40-15    similar to the actions listed in Subsection (d).

40-16          (f)  The Title IV-D agency shall develop and use procedures

40-17    for the administrative enforcement of interstate cases meeting the

40-18    requirements of 42 U.S.C. Section 666(a)(14) under which the

40-19    agency:

40-20                (1)  shall respond within five business days to a

40-21    request made by another state for assistance in a Title IV-D case;

40-22    and

40-23                (2)  may, by electronic or other means, transmit to

40-24    another state a request for assistance in a Title IV-D case.

40-25          SECTION 69.  Section 231.101, Family Code, is amended by

40-26    amending Subsection (b) and adding Subsections (c) and (d) to read

40-27    as follows:

 41-1          (b)  At the request of either the obligee or obligor

 41-2    [parent], the Title IV-D agency shall review a child support order

 41-3    once every three years and, if appropriate, adjust the support

 41-4    amount to meet the requirements of the child support guidelines

 41-5    under Chapter 154.

 41-6          (c)  Except as notice is included in the child support order,

 41-7    a party subject to a support order shall be provided notice not

 41-8    less than once every three years of the party's right to request

 41-9    that the Title IV-D agency review and, if appropriate, adjust the

41-10    amount of ordered support.

41-11          (d)  The Title IV-D agency may review a support order at any

41-12    time on a showing of a material and substantial change in

41-13    circumstances, taking into consideration the best interests of the

41-14    child.

41-15          SECTION 70.  Subsection (a), Section 231.104, Family Code, is

41-16    amended to read as follows:

41-17          (a)  To the extent authorized by 42 U.S.C. Section 608, the

41-18    [The] approval of an application for or the receipt of financial

41-19    assistance as provided by Chapter 31, Human Resources Code,

41-20    constitutes an assignment to the Title IV-D agency of any rights to

41-21    support from any other person that the applicant or recipient may

41-22    have personally or for a child for whom the applicant or recipient

41-23    is claiming assistance, including the right to the amount accrued

41-24    at the time the application is filed or the assistance is received.

41-25          SECTION 71.  Section 231.105, Family Code, is amended to read

41-26    as follows:

41-27          Sec. 231.105.  NOTICE OF CHANGE OF PAYEE [ASSIGNMENT].

 42-1    (a)  Child support payments for the benefit of a child whose

 42-2    support rights have been assigned to the Title IV-D agency shall be

 42-3    made payable to and transmitted to the Title IV-D agency.

 42-4          (b)  If a court has ordered support payments to be made to an

 42-5    applicant for or recipient of financial assistance or to a person

 42-6    other than the applicant or recipient, the Title IV-D agency shall,

 42-7    on providing notice to the obligee and the obligor, direct the

 42-8    obligor or other payor to make support payments payable to the

 42-9    Title IV-D agency and to transmit the payments to the agency.  The

42-10    Title IV-D agency shall [may] file a copy of the notice [of the

42-11    assignment] with the court ordering the payments and with the child

42-12    support registry.  The notice must include:

42-13                (1)  a statement that the child is an applicant for or

42-14    recipient of financial assistance, or a child other than a

42-15    recipient child for whom services are provided;

42-16                (2)  the name of the child and the caretaker for whom

42-17    support has been ordered by the court;

42-18                (3)  the style and cause number of the case in which

42-19    support was ordered; and

42-20                (4)  instructions for the payment of [a request that

42-21    the payments] ordered support [be made payable and transmitted] to

42-22    the agency.

42-23          (c)  On receipt of a copy of the notice under Subsection (b)

42-24    [and without a requirement of a hearing], the clerk of the court

42-25    shall file the notice in the appropriate case file [order that the

42-26    payments be made to the Title IV-D agency].

42-27          SECTION 72.  Section 231.106, Family Code, is amended to read

 43-1    as follows:

 43-2          Sec. 231.106.  NOTICE OF TERMINATION OF ASSIGNMENT.  (a)  On

 43-3    termination of support rights to the Title IV-D agency, the [The]

 43-4    Title IV-D agency shall, after providing notice to the obligee and

 43-5    the obligor, send [may file] a notice of termination of assignment

 43-6    to the obligor or other payor, which may direct [include a request]

 43-7    that all or a portion of the payments be made payable to the agency

 43-8    and to other persons who are entitled to receive the payments.

 43-9          (b)  The Title IV-D agency shall send a copy of the notice of

43-10    termination of assignment to the court ordering the support and to

43-11    the child support registry, and on [On] receipt of the notice [of

43-12    termination of assignment] the clerk of the court shall file the

43-13    notice in the appropriate case file [order that the payments be

43-14    directed as stated in the notice].

43-15          SECTION 73.  Section 231.107, Family Code, is amended to read

43-16    as follows:

43-17          Sec. 231.107.  CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF

43-18    ASSIGNMENT.  If an abstract of judgment or a child support lien on

43-19    support amounts assigned to the Title IV-D agency under this

43-20    chapter has previously been filed of record, the agency shall file

43-21    for recordation, with the county clerk of each county in which such

43-22    abstract or lien has been filed, a certificate that a notice of

43-23    change of payee [an order of assignment] or a notice of termination

43-24    of assignment has been issued by the agency.

43-25          SECTION 74.  Section 231.108, Family Code, is amended by

43-26    adding Subsection (e) to read as follows:

43-27          (e)  The Title IV-D agency may not release information on the

 44-1    physical location of a person if:

 44-2                (1)  a protective order has been entered with respect

 44-3    to the person; or

 44-4                (2)  there is reason to believe that the release of

 44-5    information may result in physical or emotional harm to the person.

 44-6          SECTION 75.  Section 231.301, Family Code, is amended to read

 44-7    as follows:

 44-8          Sec. 231.301.  TITLE IV-D PARENT LOCATOR SERVICES.  The

 44-9    parent locator service conducted by the Title IV-D agency shall be

44-10    used to obtain information for child support enforcement purposes

44-11    regarding the identity, social security number, location

44-12    [whereabouts], employer and employment benefits, income, and assets

44-13    or debts [holdings] of any individual under an obligation to pay

44-14    child or medical support or to whom a support obligation is owed

44-15    [person when the information is to be used for the purposes of

44-16    locating the person and establishing or enforcing a support or

44-17    medical support obligation against the person].

44-18          SECTION 76.  Section 231.302, Family Code, is amended by

44-19    amending Subsections (a), (b), (c), and (e) and adding Subsection

44-20    (g) to read as follows:

44-21          (a)  The Title IV-D agency of this or another state may

44-22    [shall attempt to locate a person needed to establish or enforce a

44-23    support or medical support obligation and is entitled to] request

44-24    and obtain information relating to the identity, location,

44-25    employment, compensation, benefits, income, and property holdings

44-26    or other assets of any [the] person from a state or local

44-27    government agency, private company, institution, or other entity as

 45-1    necessary to establish, modify, or enforce a support order

 45-2    [implement this chapter].

 45-3          (b)  A [state] government agency, private company,

 45-4    institution, or other entity shall provide the [furnishing]

 45-5    information requested under Subsection (a) and shall provide the

 45-6    information, subject to safeguards for privacy and information

 45-7    security, in the most efficient and expeditious manner available,

 45-8    including electronic or automated transfer and interface.  An

 45-9    individual or entity disclosing information under this section in

45-10    response to a request from a Title IV-D agency may not be held

45-11    liable in a civil action or proceeding for the disclosure of the

45-12    information.

45-13          (c)  To assist in the administration of laws relating to

45-14    child support enforcement under Parts A and D of Title IV of the

45-15    federal Social Security Act (42 U.S.C. Sections 601 et seq.

45-16    [601-617] and 651 et seq.  [651-669]):

45-17                (1)  each licensing authority responsible for issuing a

45-18    professional license, a commercial driver's license, or an

45-19    occupational license shall require that the social security number

45-20    of an applicant [request and each applicant] for a license be

45-21    recorded on the application [shall provide the applicant's social

45-22    security number];

45-23                (2)  each agency administering a contract that provides

45-24    for a payment of state funds shall request and each individual or

45-25    entity bidding on a state contract shall provide the individual's

45-26    or entity's social security number as required by Section 231.006[,

45-27    Family Code]; and

 46-1                (3)  each agency administering a state-funded grant or

 46-2    loan program shall request and each applicant for a grant or loan

 46-3    shall provide the applicant's social security number as required by

 46-4    Section 231.006[, Family Code].

 46-5          (e)  Except as provided by Subsection (d), a social security

 46-6    number provided under this section is confidential and may be

 46-7    disclosed only for the purposes of responding to a request for

 46-8    information from an agency operating under the provisions of Part

 46-9    [Parts] A or [and] D of Title IV of the federal Social Security Act

46-10    (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.

46-11    [651-669]).

46-12          (g)  In this section, "licensing authority" has the meaning

46-13    assigned by Section 232.001.

46-14          SECTION 77.  Section 231.303, Family Code, is amended to read

46-15    as follows:

46-16          Sec. 231.303.  TITLE IV-D ADMINISTRATIVE SUBPOENA.  (a)  The

46-17    Title IV-D agency of this state or another state may issue an

46-18    administrative subpoena to any individual or private or public

46-19    entity in this state [organization] to furnish information

46-20    necessary to carry out the purposes [provisions] of child support

46-21    enforcement under 42 U.S.C Section 651 et seq. or this chapter.

46-22          (b)  An individual or entity [organization] receiving an

46-23    administrative [a] subpoena under this section shall comply with

46-24    the subpoena.  The Title IV-D agency may impose a fine in an amount

46-25    not to exceed $500 on an individual or entity that fails without

46-26    good cause to comply with an administrative subpoena.  An alleged

46-27    or presumed father or a parent who fails to comply with a subpoena

 47-1    without good cause may also be subject to license suspension under

 47-2    Chapter 232.

 47-3          (c)  A court may compel compliance with an administrative

 47-4    subpoena and with any administrative fine for failure to comply

 47-5    with the subpoena and may award attorney's fees and costs to the

 47-6    Title IV-D agency in enforcing an administrative subpoena on proof

 47-7    that an individual or organization failed without good cause to

 47-8    comply with the subpoena.

 47-9          (d)  An individual or organization may not be liable in a

47-10    civil action or proceeding for disclosing financial or other

47-11    information to a Title IV-D agency under this section.  The Title

47-12    IV-D agency may disclose information in a financial record obtained

47-13    from a financial institution only to the extent necessary to

47-14    establish, modify, or enforce a child support obligation.

47-15          SECTION 78.  Subchapter D, Chapter 231, Family Code, is

47-16    amended by adding Section 231.307 to read as follows:

47-17          Sec. 231.307.  FINANCIAL INSTITUTION DATA MATCHES.  (a)  The

47-18    Title IV-D agency shall develop a system meeting the requirements

47-19    of 42 U.S.C. Section 666(a)(17) for the quarterly exchange of data

47-20    with financial institutions doing business in the state to identify

47-21    an account of an obligor owing past-due child support and enforce

47-22    support obligations against the obligor.

47-23          (b)  The Title IV-D agency by rule shall establish procedures

47-24    for data matches authorized under this section.

47-25          (c)  A financial institution providing information or

47-26    responding to a notice of child support lien provided under

47-27    Subchapter G, Chapter 157, or otherwise acting in good faith to

 48-1    comply with the  Title IV-D agency's procedures under this section

 48-2    may not be liable under any federal or state law for any damages

 48-3    that arise from those acts.

 48-4          (d)  In this section:

 48-5                (1)  "Financial institution" has the meaning assigned

 48-6    by 42 U.S.C.  Section 669A(d)(1); and

 48-7                (2)  "Account" means a demand deposit account, checking

 48-8    or negotiable withdrawal order account, savings account, time

 48-9    deposit account, or money market mutual fund account.

48-10          SECTION 79.  Subchapter E, Chapter 231, Family Code, is

48-11    redesignated as Chapter 233, Family Code, and amended to read as

48-12    follows:

48-13         CHAPTER 233 [SUBCHAPTER E].  CHILD SUPPORT REVIEW PROCESS

48-14                TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS

48-15          Sec. 233.001 [231.401].  PURPOSE.  (a)  The purpose of the

48-16    procedures specified in the child support review process authorized

48-17    by this chapter [subchapter] is to enable the  Title IV-D agency

48-18    [provide child support agencies an opportunity] to take expedited

48-19    administrative [resolve routine child support] actions to

48-20    establish, modify, and enforce child support and medical support

48-21    obligations, to determine parentage, or to take any other action

48-22    authorized or required under Part D, Title IV, of the federal

48-23    Social Security Act (42 U.S.C. Section 651 et seq.), and Chapter

48-24    231 [through agreement of the parties or uncontested orders].

48-25          (b)  A child support review order issued under this chapter

48-26    and confirmed by a court constitutes an order of the court and is

48-27    enforceable by any means available for the enforcement of child

 49-1    support obligations under this code, including withholding income,

 49-2    filing a child support lien, and suspending a license under Chapter

 49-3    232.

 49-4          Sec. 233.002 [231.402].  AGREEMENTS ENCOURAGED.  To the

 49-5    extent permitted by this chapter [subchapter], the  Title IV-D

 49-6    agency [child support agencies] shall [make the child support

 49-7    review process understandable to all parties and shall] encourage

 49-8    agreement of the parties [agreements].

 49-9          Sec. 233.003 [231.403].  BILINGUAL FORMS REQUIRED.  A notice

49-10    or other form used to implement administrative procedures under

49-11    this chapter [the child support review process] shall be printed in

49-12    both Spanish and English.

49-13          Sec. 233.004 [231.404].  INTERPRETER REQUIRED.  If a party

49-14    participating in an administrative proceeding under this chapter [a

49-15    negotiation conference] does not speak English or is hearing

49-16    impaired, the Title IV-D [child support] agency shall provide for

49-17    interpreter services at no charge to the party [parties].

49-18          Sec. 233.005 [231.405].  INITIATING Administrative Actions

49-19    [CHILD SUPPORT REVIEW].  An administrative action under this

49-20    chapter [subchapter] may be initiated by issuing a notice of child

49-21    support review under Section 233.006 or a notice of proposed child

49-22    support review order under Section 233.009 to each party entitled

49-23    to notice.

49-24          Sec. 233.006 [231.406].  CONTENTS OF NOTICE OF CHILD SUPPORT

49-25    REVIEW.  (a)  The notice of child support review issued by the

49-26    Title IV-D agency must:

49-27                (1)  describe the procedure for a child support review,

 50-1    including the procedures for requesting a negotiation conference;

 50-2                (2)  inform the recipient that the recipient may be

 50-3    represented by legal counsel during the review process or at a

 50-4    court hearing;

 50-5                (3)  inform the recipient that the recipient may refuse

 50-6    to participate or cease participation in the child support review

 50-7    process, but that the refusal by the recipient to participate will

 50-8    not prevent the completion of the process or the filing of a child

 50-9    support review order;

50-10                (4)  include an affidavit of financial resources to be

50-11    executed by the recipient; and

50-12                (5)  include a request that the recipient designate, on

50-13    a form provided by the Title IV-D [child support] agency, an

50-14    address for mailing any subsequent [additional] notice to the

50-15    recipient.

50-16          (b)  In addition to the information required by Subsection

50-17    (a), the notice of child support review must inform the recipient

50-18    that:

50-19                (1)  the information requested on the form must be

50-20    returned to the Title IV-D [child support] agency not later than

50-21    the 15th day after the date the notice is received or delivered;

50-22    and

50-23                (2)  if the requested information is not returned as

50-24    required, the [child support] agency may:

50-25                      (A)  [may] proceed with the review using the

50-26    information that is available to the agency; and

50-27                      (B)  [may] file a legal action without further

 51-1    notice to the recipient, except as otherwise required by law.

 51-2          Sec. 233.007 [231.407].  Service of NOTICE [BY MAIL].  (a)  A

 51-3    notice required in an administrative action under this chapter may

 51-4    [subchapter must] be delivered by personal service or [served by]

 51-5    first class mail [or certified mail] on each party entitled to

 51-6    citation or notice as provided by Chapter 102.

 51-7          (b)  This section does not apply to notice required on filing

 51-8    of a child support review order or to later judicial actions.

 51-9          Sec. 233.008 [231.408].  ADMINISTRATIVE SUBPOENA IN CHILD

51-10    SUPPORT REVIEW.  [(a)]  In a child support review under this

51-11    chapter [subchapter], the Title IV-D [a child support] agency may

51-12    issue an administrative subpoena authorized under Chapter 231 to

51-13    any individual or organization believed to have financial or other

51-14    information needed to establish, modify, or enforce a support order

51-15    [on the financial resources of the parent or presumed or alleged

51-16    father].

51-17          [(b)  A court may compel compliance with an administrative

51-18    subpoena and award attorney's fees and costs to a child support

51-19    agency enforcing an administrative subpoena on proof that an

51-20    individual or organization failed to comply with the subpoena

51-21    without good cause.]

51-22          Sec. 233.009 [231.409].  Notice of Proposed Child Support

51-23    Review Order; [SCHEDULING] NEGOTIATION CONFERENCE.  (a)  After an

51-24    investigation and assessment of financial resources, the Title IV-D

51-25    agency may serve on the parties a notice of proposed child support

51-26    review order in enforcing or modifying an existing order.

51-27          (b)  The notice of proposed child support review order shall

 52-1    state:

 52-2                (1)  the amount of periodic payment of child support

 52-3    due, the amount of any overdue support that is owed as an arrearage

 52-4    as of the date of the notice, and the amounts that are to be paid

 52-5    by the obligor for current support due and in payment on the

 52-6    arrearage owed;

 52-7                (2)  that the person identified in the notice as the

 52-8    party responsible for payment of the support amounts may contest

 52-9    the notice order on the grounds that:

52-10                      (A)  the respondent is not the responsible party;

52-11                      (B)  the dependent child is no longer entitled to

52-12    child support; or

52-13                      (C)  the amount of monthly support or arrearage

52-14    is incorrectly stated; and

52-15                (3)  that, if the person identified in the notice as

52-16    the party responsible for payment of the support amounts does not

52-17    contest the notice in writing or request a negotiation conference

52-18    to discuss the notice not later than the 15th day after the date

52-19    the notice was delivered, the Title IV-D agency may file a child

52-20    support review order for child support and for medical support for

52-21    the child as provided by Chapter 154 according to the information

52-22    available to the agency.

52-23          (c)  The Title IV-D [child support] agency may schedule a

52-24    negotiation conference without a request from a party.

52-25          (d) [(b)]  The Title IV-D [child support] agency shall

52-26    schedule a negotiation conference on the timely request of a party.

52-27          (e) [(c)]  The agency may conduct a [A] negotiation

 53-1    conference, or any part of a negotiation conference, [may be

 53-2    conducted] by telephone conference call, by video conference, as

 53-3    well as in person and may adjourn the[.  The negotiation]

 53-4    conference [may be adjourned] for a reasonable time to permit

 53-5    mediation of issues that cannot be resolved by the parties and the

 53-6    [child support] agency.

 53-7          Sec. 233.010 [231.410].  NOTICE OF [TIME FOR] NEGOTIATION

 53-8    CONFERENCE; FAILURE TO ATTEND CONFERENCE [NOTICE REQUIRED].

 53-9    (a)  The Title IV-D agency shall notify all [All] parties entitled

53-10    to notice of the negotiation conference [shall be notified] of the

53-11    date, time, and place of the [negotiation] conference not later

53-12    than the 10th day before the date of the [negotiation] conference.

53-13          (b)  If a party fails to attend the scheduled conference, the

53-14    agency may proceed with the review and file a child support review

53-15    order according to the information available to the agency.

53-16          Sec. 233.011 [231.411].  RESCHEDULING NEGOTIATION CONFERENCE;

53-17    NOTICE REQUIRED.  (a)  The Title IV-D agency may reschedule or

53-18    adjourn a [A] negotiation conference [may be rescheduled or

53-19    adjourned] on the request of any party [at the discretion of the

53-20    child support review officer].

53-21          (b)  The  Title IV-D agency shall give all [All] parties

53-22    [must be given] notice of a rescheduled conference [the

53-23    rescheduling] not later than the third day before the date of the

53-24    rescheduled [negotiation] conference.

53-25          Sec. 233.012 [231.412].  INFORMATION REQUIRED TO BE PROVIDED

53-26    AT NEGOTIATION CONFERENCE.  At the beginning of the negotiation

53-27    conference, the child support review officer shall review with the

 54-1    parties participating in the conference information provided in the

 54-2    notice of child support review and inform the parties that:

 54-3                (1)  the purpose of the negotiation conference is to

 54-4    provide an opportunity to reach an agreement on a child support

 54-5    order;

 54-6                (2)  if the parties reach an agreement, the review

 54-7    officer will prepare an agreed review order to be effective

 54-8    immediately on being confirmed by the court, as provided by Section

 54-9    233.024;

54-10                (3)  a party does not have to sign a review order

54-11    prepared by the child support review officer but that the  Title

54-12    IV-D agency may file a review order without the agreement of the

54-13    parties; [and]

54-14                (4)  the parties may sign a waiver of the right to

54-15    service of process;

54-16                (5)  a party may request a court hearing on a nonagreed

54-17    order at any time before the 20th day after the date a petition for

54-18    confirmation of the order is filed; and

54-19                (6)  a party may file a motion for a new trial at any

54-20    time before the 30th day after an order is confirmed by the court.

54-21          Sec. 233.013 [231.413].  DETERMINING SUPPORT AMOUNT;

54-22    MODIFICATION.  (a)  The Title IV-D [A child support] agency may use

54-23    any information obtained by the agency from the parties or any

54-24    other source and shall apply the child support guidelines provided

54-25    by this code to determine the appropriate amount of child support.

54-26          (b)  If it has been three years since a child support order

54-27    was rendered or last modified and the amount of the child support

 55-1    award under the order differs by either 20 percent or $100 from the

 55-2    amount that would be awarded under the child support guidelines,

 55-3    the Title IV-D [child support] agency [determines that the support

 55-4    amount in an existing child support order is not in substantial

 55-5    compliance with the guidelines, the child support agency] shall

 55-6    file [issue] an appropriate child support review order, including

 55-7    an [a review] order that has the effect of modifying an existing

 55-8    court or administrative order for child support without the

 55-9    necessity of filing a motion to modify.

55-10          Sec. 233.014 [231.414].  RECORD of Proceedings [NOT

55-11    REQUIRED].  (a)  For the purposes of this chapter [subchapter],

55-12    documentary evidence relied on by the child support review officer,

55-13    including an affidavit of a party, together with the child support

55-14    review order is a sufficient record of the proceedings.

55-15          (b)  The Title IV-D [A child support] agency is not required

55-16    to make any other record or transcript of the negotiation

55-17    conference.

55-18          Sec. 233.015 [231.415].  ISSUANCE OF CHILD SUPPORT REVIEW

55-19    ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT.  (a)  If a

55-20    [the] negotiation conference does not result in agreement by all

55-21    parties to the child support review order, the Title IV-D agency

55-22    [review officer] shall render [promptly issue and sign] a final

55-23    decision in the form of a child support review order or a

55-24    determination that the agency should not issue a child support

55-25    review order [should not be issued,] not later than the fifth day

55-26    after the date of the negotiation conference.

55-27          (b)  If the Title IV-D agency determines [a determination is

 56-1    made] that the agency should not issue a child support order [will

 56-2    not be issued], the agency shall immediately provide each party

 56-3    with notice of the determination [each party to a child support

 56-4    review proceeding shall be furnished immediately] by personal

 56-5    [hand] delivery or by first class mail [notice of the

 56-6    determination].

 56-7          (c)  A determination that a child support order should not be

 56-8    issued must include a statement of the reasons that an order is not

 56-9    being issued and a statement that the agency's determination does

56-10    not affect the right of the Title IV-D agency or a party to request

56-11    any other remedy provided by law.

56-12          Sec. 233.016 [231.416].  VACATING CHILD SUPPORT REVIEW ORDER.

56-13    (a)  The Title IV-D agency [review officer] may vacate a child

56-14    support review order [on the officer's own motion] at any time

56-15    before the order is filed with the court.

56-16          (b)  A new negotiation conference, with notice to all

56-17    parties, may be scheduled or the Title IV-D agency [officer] may

56-18    make a determination that a child support review order should not

56-19    be issued and give notice of that determination as provided by this

56-20    chapter [subchapter].

56-21          Sec. 233.017 [231.417].  CONTENTS OF CHILD SUPPORT REVIEW

56-22    ORDER.  (a)  An [agreed child support review] order issued under

56-23    this chapter must be reviewed and signed by an attorney of the

56-24    Title IV-D agency and must contain all provisions that are

56-25    appropriate for an order under this title, including current child

56-26    support, medical support, a determination of any arrearages or

56-27    retroactive support, and, if not otherwise ordered, income

 57-1    withholding.

 57-2          (b)  [A child support review order that is not agreed to must

 57-3    include child support and medical support provisions, including a

 57-4    determination of arrearages or retroactive support.]

 57-5          [(c)]  A child support review order providing for the

 57-6    enforcement of an order may not contain a provision that imposes

 57-7    incarceration or a fine or contains a finding of contempt.

 57-8          (c) [(d)]  A child support review order that establishes or

 57-9    modifies an amount of previously ordered support must include the

57-10    findings required by Section 154.130.

57-11          (d) [(e)]  A child support review order that is not agreed to

57-12    by all the parties may specify and reserve for the court at the

57-13    confirmation hearing unresolved issues relating to conservatorship

57-14    or possession of a child.

57-15          Sec. 233.018 [231.418].  ADDITIONAL CONTENTS OF AGREED CHILD

57-16    SUPPORT REVIEW ORDER.  If a negotiation conference results in an

57-17    agreement of the parties, each party must sign the child support

57-18    review order and the order [must be signed by each party who agrees

57-19    to the order,] must contain [the provisions required by Section

57-20    231.417, and,] as to each party [in agreement with the order, must

57-21    contain]:

57-22                (1)  a waiver by the party of the right to service of

57-23    process and a court hearing and the making of a record on the

57-24    petition for confirmation;

57-25                (2)  the mailing address of the party; and

57-26                (3)  the following statement printed on the order in

57-27    boldface or in all capital letters:

 58-1          "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW

 58-2    ORDER.  I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE

 58-3    CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME.  [I KNOW THAT

 58-4    I HAVE A RIGHT TO BE PERSONALLY SERVED WITH THE PETITION FOR

 58-5    CONFIRMATION OF THIS ORDER.]  I KNOW THAT I HAVE A RIGHT TO [CHANGE

 58-6    MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS ORDER AND]

 58-7    REQUEST THAT A COURT RECONSIDER THE ORDER [DECIDE THIS MATTER] BY

 58-8    FILING A MOTION FOR A NEW TRIAL [REQUEST FOR COURT HEARING] AT ANY

 58-9    TIME BEFORE THE 30TH [20TH] DAY AFTER THE DATE OF THE [PETITION

58-10    FOR] CONFIRMATION OF THE ORDER BY [IS FILED WITH THE CLERK OF] THE

58-11    COURT.  [I KNOW THAT IF I FAIL TO FILE A REQUEST FOR A COURT

58-12    HEARING A COURT MAY CONFIRM AND APPROVE THIS ORDER WITHOUT A

58-13    HEARING, AND THE ORDER WILL BECOME A VALID COURT ORDER.]  I KNOW

58-14    THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN

58-15    CONTEMPT OF COURT."

58-16          Sec. 233.019 [231.419].  FILING OF AGREED REVIEW ORDER

58-17    [PETITION FOR CONFIRMATION].  (a)  The Title IV-D [child support]

58-18    agency shall file an agreed child support review order and a waiver

58-19    of service signed by the parties [a petition for confirmation] with

58-20    the clerk of the court having continuing jurisdiction of the child

58-21    who is the subject of the order.

58-22          (b)  If there is not a court of continuing jurisdiction, the

58-23    Title IV-D [child support] agency shall file the agreed review

58-24    order [petition for confirmation] with the clerk of a court having

58-25    jurisdiction under this title.

58-26          (c)  If applicable, a statement of paternity or a written

58-27    report of a parentage testing expert and any documentary evidence

 59-1    relied upon by the agency shall be filed with the agreed review

 59-2    order as an exhibit to the order.

 59-3          Sec. 233.020 [231.420].  CONTENTS OF PETITION FOR

 59-4    CONFIRMATION OF NONAGREED ORDER[; DOCUMENTARY EVIDENCE TO BE FILED

 59-5    WITH PETITION].  (a)  A petition for confirmation of a child

 59-6    support review order not agreed to by the parties must [shall]

 59-7    include the final [child support] review order as an attachment to

 59-8    the petition.

 59-9          (b)  Documentary evidence relied on by the Title IV-D [child

59-10    support] agency, including, if applicable, a statement of paternity

59-11    or a written report of a parentage testing expert, shall be filed

59-12    with the clerk as exhibits to the petition, but are not required to

59-13    be served on the parties.  The petition must identify the exhibits

59-14    that are filed with the clerk.

59-15          Sec. 233.021 [231.421].  DUTIES OF CLERK OF COURT.  (a)  On

59-16    the filing of an agreed child support review order or of a petition

59-17    for confirmation of a nonagreed order issued by the Title IV-D

59-18    agency, the clerk of court shall endorse on the order or petition

59-19    the date and time the order or [that the] petition is filed.

59-20          (b)  In [If the petition is for] an original action, the

59-21    clerk shall endorse the appropriate court and cause number on the

59-22    agreed review order or on the petition for confirmation of a

59-23    nonagreed order.

59-24          (c)  [If the petition is to confirm an agreed child support

59-25    review order under this subchapter, the child support agency shall

59-26    mail to each party that agreed to the order, at the address shown

59-27    on the order, a copy of the petition with the court, filing date,

 60-1    and cause number of the case.  The clerk shall note on the docket

 60-2    that the notice was mailed.  The child support agency shall file a

 60-3    certificate of service showing the date of the mailing to each

 60-4    party.]

 60-5          [(d)]  The clerk shall deliver by personal service [issue

 60-6    service of citation, including] a copy of the petition for

 60-7    confirmation of a nonagreed review order and a copy of the [child

 60-8    support review] order, to each party entitled to service who has

 60-9    not waived service.

60-10          (d) [(e)]  A clerk of a district court is entitled to collect

60-11    in a child support review case the fees authorized in a Title IV-D

60-12    case by Chapter 231 [this chapter].

60-13          Sec. 233.022 [231.422].  FORM TO REQUEST A COURT HEARING ON

60-14    NONAGREED ORDER.  (a)  A court shall consider any responsive

60-15    pleading that is intended as an objection to confirmation of a

60-16    child support review order not agreed to by the parties, including

60-17    a general denial, as a request for a court hearing.

60-18          (b)  The Title IV-D [child support] agency shall:

60-19                (1)  make available to each clerk of court copies of

60-20    the form to request a court hearing on a nonagreed review order;

60-21    and

60-22                (2)  provide the form to request a court hearing to a

60-23    party to the child support review proceeding on request of the

60-24    party.

60-25          (c)  The clerk shall furnish the form to a party to the child

60-26    support review [a] proceeding [under this subchapter] on the

60-27    request of the party.

 61-1          Sec. 233.023 [231.423].  TIME TO REQUEST A COURT HEARING.  A

 61-2    party may file a request for a court hearing not later than the

 61-3    20th day after the date the petition for confirmation of a

 61-4    nonagreed child support review order is delivered to the party

 61-5    [served or mailed as provided by this subchapter].

 61-6          Sec. 233.024 [231.424].  CONFIRMATION OF AGREED ORDER

 61-7    [WITHOUT HEARING].  (a)  If the court finds that all parties have

 61-8    appropriately agreed to a child support review order and that there

 61-9    is waiver of service, the court shall sign the order not later than

61-10    the third day after the filing of the order.

61-11          (b)  On confirmation by the court, the Title IV-D agency

61-12    shall immediately deliver to each party a copy of the signed agreed

61-13    review order.  [Not later than the 30th day after the date a

61-14    petition for confirmation that includes waivers by all parties is

61-15    filed or after the date of service is made on the last party

61-16    required to be served for a petition for confirmation that does not

61-17    include waivers, whichever is later, the court shall confirm the

61-18    child support review order by signing an order of confirmation

61-19    unless a party has filed a timely request for hearing or the court

61-20    has scheduled a hearing.]

61-21          Sec. 233.025 [231.425].  EFFECT OF REQUEST FOR HEARING ON

61-22    NONAGREED ORDER; PLEADING.  (a)  A request for hearing or an order

61-23    setting a hearing on confirmation of a nonagreed child support

61-24    review order stays confirmation of the order pending the hearing.

61-25          (b)  At a hearing on confirmation, any [all] issues in

61-26    dispute [the child support review order] shall be heard in a trial

61-27    de novo.

 62-1          (c)  The petition for confirmation and the child support

 62-2    review order constitute a sufficient pleading by the Title IV-D

 62-3    [child support] agency for relief on any issue addressed in the

 62-4    petition and order.

 62-5          (d)  The request for hearing may limit the scope of the de

 62-6    novo hearing by specifying the issues that are in dispute.

 62-7          Sec. 233.026 [231.426].  TIME FOR COURT HEARING.  A court

 62-8    shall hold a hearing on the confirmation of a child support review

 62-9    order that has not been agreed to by the parties not later than the

62-10    30th day after the date the last party to be served files a timely

62-11    request for a court hearing.

62-12          Sec. 233.027 [231.427].  ORDER AFTER HEARING; EFFECT OF

62-13    CONFIRMATION ORDER.  (a)  After the hearing on the confirmation of

62-14    a nonagreed child support review order, the court shall:

62-15                (1)  if the court finds that the order should be

62-16    confirmed, immediately sign a confirmation order and enter the

62-17    order as an order of the court;

62-18                (2)  if the court finds that the relief granted in the

62-19    child support review order is inappropriate, sign an appropriate

62-20    order at the conclusion of the hearing or as soon after the

62-21    conclusion of the hearing as is practical and enter the order as an

62-22    order of the court; or

62-23                (3)  if the court finds that all relief should be

62-24    denied, enter an order that denies relief and includes specific

62-25    findings explaining the reasons that relief is denied.

62-26          (b)  On the signing of a confirmation order by the judge of

62-27    the court, the child support review order becomes a final order of

 63-1    the court.

 63-2          Sec. 233.0271.  CONFIRMATION OF NONAGREED ORDER WITHOUT

 63-3    HEARING.  (a)  If a request for hearing has not been timely

 63-4    received, the court shall confirm and sign a nonagreed child

 63-5    support review order not later than the 30th day after the date the

 63-6    petition for confirmation was delivered to the last party entitled

 63-7    to service.

 63-8          (b)  The  Title IV-D agency shall immediately deliver a copy

 63-9    of the confirmed nonagreed review order to each party, together

63-10    with notice of right to file a motion for a new trial not later

63-11    than the 30th day after the date the order was confirmed by the

63-12    court.

63-13          Sec. 233.028 [231.428].  SPECIAL CHILD SUPPORT REVIEW

63-14    PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE.  (a)  If the

63-15    parentage of a child has not been established, the notice of child

63-16    support review delivered to [served on] the parties must include an

63-17    allegation that the recipient is a biological parent of the child.

63-18    The notice shall inform the parties that:

63-19                (1)  not later than the 15th day after the date of

63-20    delivery of the notice, the alleged parent [father] of the child

63-21    shall either [may] sign a statement of paternity or an

63-22    acknowledgment of maternity or deny in writing that the alleged

63-23    parent is the biological parent of the child;

63-24                (2)  either [and that any] party may request that

63-25    scientifically accepted parentage testing be conducted to assist in

63-26    determining the identities of the child's parents;

63-27                (3)  if the alleged parent timely denies parentage of

 64-1    the child, the Title IV-D agency shall order parentage testing; and

 64-2                (4)  if the alleged parent does not deny parentage of

 64-3    the child, the Title IV-D agency may conduct a negotiation

 64-4    conference.

 64-5          (b)  If all parties agree [A negotiation conference shall be

 64-6    conducted to resolve any issues of support in an action in which

 64-7    all parties agree as] to the child's parentage, the agency may file

 64-8    an agreed child support review order as provided by this chapter.

 64-9          (c)  If a party denies parentage, the Title IV-D [child

64-10    support] agency shall order [may schedule] parentage testing and

64-11    give each party notice of the time and place of testing.  If either

64-12    party fails or refuses to participate in administrative parentage

64-13    testing, the Title IV-D [child support] agency may file a child

64-14    support review order resolving the question of parentage against

64-15    that party [with a request for court-ordered parentage testing.

64-16    The court shall follow the procedures and may impose the sanctions

64-17    provided by this code to obtain compliance with the parentage

64-18    testing order].  The court shall confirm the child support review

64-19    order as a temporary or final order of the court only after an

64-20    opportunity for parentage testing has been provided.

64-21          (d)  If parentage testing does not exclude the alleged parent

64-22    and the results of a verified written report of a parentage testing

64-23    expert meet the requirements of Chapter 160 for issuing a temporary

64-24    order, the Title IV-D [child support] agency may conduct a

64-25    negotiation conference to resolve any issues of support and file

64-26    with the court [issue] a child support review order.

64-27          (e)  If the results of parentage testing exclude an alleged

 65-1    parent from being the biological parent of the child, the Title

 65-2    IV-D [child support] agency shall issue and provide to each party a

 65-3    child support review order that declares that the excluded person

 65-4    is not a parent of the child.

 65-5          (f)  Any party may file a petition for confirmation of a

 65-6    child support review order issued under this section.

 65-7          Sec. 233.029 [231.429].  ADMINISTRATIVE PROCEDURE LAW NOT

 65-8    APPLICABLE.  The child support review process under this chapter is

 65-9    not governed by [the administrative procedure law,] Chapter 2001,

65-10    Government Code.

65-11          SECTION 80.  The title of Chapter 232, Family Code, is

65-12    amended to read as follows:

65-13          CHAPTER 232.  SUSPENSION OF LICENSE FOR FAILURE TO PAY

65-14                   CHILD SUPPORT OR COMPLY WITH SUBPOENA

65-15          SECTION 81.  Section 232.001, Family Code, is amended by

65-16    adding Subdivision (4) to read as follows:

65-17                (4)  "Subpoena" means a subpoena issued in a parentage

65-18    determination or child support proceeding under this title.

65-19          SECTION 82.  Section 232.003, Family Code, as added by

65-20    Chapter 751, Acts of the 74th Legislature, 1995, is amended to read

65-21    as follows:

65-22          Sec. 232.003.  Suspension of License.  (a)  A court or the

65-23    Title IV-D agency may issue an order suspending a license as

65-24    provided by this chapter if an individual who is an obligor:

65-25                (1)  has a child support [an] arrearage equal to or

65-26    greater than the total support due for 90 days under a support

65-27    order;

 66-1                (2)  has been provided an opportunity to make payments

 66-2    toward the child support arrearage under an agreed or court-ordered

 66-3    repayment schedule; and

 66-4                (3)  has failed to comply with the repayment schedule.

 66-5          (b)  A court or the Title IV-D agency may issue an order

 66-6    suspending license as provided by this chapter if an individual has

 66-7    failed, after receiving appropriate notice, to comply with a

 66-8    subpoena.

 66-9          SECTION 83.  Subsection (d), Section 232.004, Family Code, is

66-10    amended to read as follows:

66-11          (d)  A proceeding in a case filed with the Title IV-D agency

66-12    under this chapter is governed by the contested case provisions of

66-13    Chapter 2001, Government Code, except that Section 2001.054 does

66-14    not apply to the proceeding.  The director of the Title IV-D agency

66-15    or the director's designee may render [is responsible for

66-16    rendering] a final decision in a [the] contested case proceeding

66-17    under this chapter.

66-18          SECTION 84.  Section 232.005, Family Code, is amended to read

66-19    as follows:

66-20          Sec. 232.005.  CONTENTS OF PETITION.  (a)  A petition under

66-21    this chapter must state that license suspension is required under

66-22    Section 232.003 and allege:

66-23                (1)  the name and, if known, social security number of

66-24    the individual [obligor];

66-25                (2)  the type, and if known, number of any license the

66-26    individual [obligor] is believed to hold and the name of the

66-27    licensing authority that issued the license; and

 67-1                (3)  the amount of arrearages owed under the child

 67-2    support order or the facts associated with the individual's failure

 67-3    to comply with a subpoena[, the amount of support paid, and the

 67-4    amount of arrearages].

 67-5          (b)  A petition under this chapter may include as an

 67-6    attachment a copy of:

 67-7                (1)  the record of child support payments maintained by

 67-8    the Title IV-D registry or local registry; or

 67-9                (2)  the subpoena with which the individual has failed

67-10    to comply, together with proof of service of the subpoena.

67-11          SECTION 85.  Subsections (a) and (c), Section 232.006, Family

67-12    Code, are amended to read as follows:

67-13          (a)  On the filing of a petition under Section 232.004, the

67-14    court or the Title IV-D agency shall deliver [issue] to the

67-15    individual [obligor]:

67-16                (1)  notice of the individual's [obligor's] right to a

67-17    hearing before the court or agency;

67-18                (2)  notice of the deadline for requesting a hearing;

67-19    and

67-20                (3)  a hearing request form if the proceeding is in a

67-21    Title IV-D case.

67-22          (c)  The notice must contain the following statement in

67-23    bold-faced type or capital letters:

67-24          "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS

67-25    BEEN FILED.  YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS

67-26    ACTION.  IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE

67-27    THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF

 68-1    LICENSE SUSPENSION MAY BE RENDERED." [state that an order

 68-2    suspending license shall be rendered on the 60th day after the date

 68-3    of service of the notice unless by that date:]

 68-4                [(1)  the court or Title IV-D agency receives proof

 68-5    that all arrearages and the current month's child support

 68-6    obligation have been paid;]

 68-7                [(2)  the child support agency or obligee files a

 68-8    certification that the obligor is in compliance with a reasonable

 68-9    repayment schedule; or]

68-10                [(3)  the obligor appears at a hearing before the court

68-11    or Title IV-D agency and shows that the request for suspension

68-12    should be denied or stayed.]

68-13          SECTION 86.  Section 232.007, Family Code, is amended by

68-14    amending Subsections (a) and (c) and adding Subsection (d) to read

68-15    as follows:

68-16          (a)  A request for a hearing and motion to stay suspension

68-17    must be filed with the court or Title IV-D agency by the individual

68-18    [obligor] not later than the 20th day after the date of service of

68-19    the notice under Section 232.006.

68-20          (c)  In a case involving support arrearages, a [A] record of

68-21    child support payments made by the Title IV-D agency or a local

68-22    registry is evidence of whether the payments were made.  A copy of

68-23    the record appearing regular on its face shall be admitted as

68-24    evidence at a hearing under this chapter, including a hearing on a

68-25    motion to revoke a stay.  Either party may offer controverting

68-26    evidence.

68-27          (d)  In a case in which an individual has failed to comply

 69-1    with a subpoena, proof of service is evidence of delivery of the

 69-2    subpoena.

 69-3          SECTION 87.  Section 232.008, Family Code, is amended to read

 69-4    as follows:

 69-5          Sec. 232.008.  ORDER SUSPENDING LICENSE FOR FAILURE TO PAY

 69-6    CHILD SUPPORT.  (a)  On making the findings required by Section

 69-7    232.003, the court or Title IV-D agency shall render an order

 69-8    suspending the license unless the individual:

 69-9                (1)  [obligor] proves that all arrearages and the

69-10    current month's support have been paid; or

69-11                (2)  shows good cause for failure to comply with the

69-12    subpoena.

69-13          (b)  The court or Title IV-D agency may stay an order

69-14    suspending a license conditioned on the individual's [obligor's]

69-15    compliance with:

69-16                (1)  a reasonable repayment schedule that is

69-17    incorporated in the order; or

69-18                (2)  the requirements of a reissued and delivered

69-19    subpoena.

69-20          (c)  An order suspending a license with a stay of the

69-21    suspension  may not be served on the licensing authority unless the

69-22    stay is revoked as provided by this chapter.

69-23          (d) [(c)]  A final order suspending license rendered by a

69-24    court or the Title IV-D agency shall be forwarded to the

69-25    appropriate licensing authority.

69-26          (e) [(d)]  If the court or Title IV-D agency renders an order

69-27    suspending license, the individual [obligor] may also be ordered

 70-1    not to engage in the licensed activity.

 70-2          (f) [(e)]  If the court or Title IV-D agency finds that the

 70-3    petition for suspension should be denied, the petition shall be

 70-4    dismissed without prejudice, and an order suspending license may

 70-5    not be rendered.

 70-6          SECTION 88.  Section 232.009, Family Code, is amended to read

 70-7    as follows:

 70-8          Sec. 232.009.  DEFAULT ORDER.  The court or Title IV-D agency

 70-9    shall consider the allegations of the petition for suspension to be

70-10    admitted and shall render an order suspending license if the

70-11    individual [obligor] fails to:

70-12                (1)  respond to a notice issued under Section 232.006;

70-13                (2)  request a hearing; or

70-14                (3)  appear at a hearing.

70-15          SECTION 89.  Subsections (a), (d), and (e), Section 232.011,

70-16    Family Code, are amended to read as follows:

70-17          (a)  On receipt of a final order suspending license, the

70-18    licensing authority shall immediately determine if the authority

70-19    has issued a license to the individual [obligor] named on the order

70-20    and, if a license has been issued:

70-21                (1)  record the suspension of the license in the

70-22    licensing authority's records;

70-23                (2)  report the suspension as appropriate; and

70-24                (3)  demand surrender of the suspended license if

70-25    required by law for other cases in which a license is suspended.

70-26          (d)  An individual [obligor] who is the subject of a final

70-27    order suspending license is not entitled to a refund for any fee or

 71-1    deposit paid to the licensing authority.

 71-2          (e)  An individual [obligor] who continues to engage in the

 71-3    business, occupation, profession, or other licensed activity after

 71-4    the implementation of the order suspending license by the licensing

 71-5    authority is liable for the same civil and criminal penalties

 71-6    provided for engaging in the licensed activity without a license or

 71-7    while a license is suspended that apply to  any other license

 71-8    holder of that licensing authority.

 71-9          SECTION 90.  Section 232.012, Family Code, is amended to read

71-10    as follows:

71-11          Sec. 232.012.  MOTION TO REVOKE STAY.  (a)  The obligee,

71-12    support enforcement agency, court, or Title IV-D agency may file a

71-13    motion to revoke the stay of an order suspending license if the

71-14    individual who is subject of an order suspending license [obligor]

71-15    does not comply with:

71-16                (1)  the terms of a reasonable repayment plan entered

71-17    into by the individual; or

71-18                (2)  the requirements of a reissued subpoena [the

71-19    obligor].

71-20          (b)  Notice to the individual [obligor] of a motion to revoke

71-21    stay under this section may be given by personal service or by mail

71-22    to the address provided by the individual [obligor], if any, in the

71-23    order suspending license.  The notice must include a notice of

71-24    hearing.  The notice must be provided to the individual [obligor]

71-25    not less than 10 days before the date of the hearing.

71-26          (c)  A motion to revoke stay must allege the manner in which

71-27    the individual [obligor] failed to comply with the repayment plan

 72-1    or the reissued subpoena.

 72-2          (d)  If the court or Title IV-D agency finds that the

 72-3    individual [obligor] is not in compliance with the terms of the

 72-4    repayment plan or reissued subpoena, the court or agency shall

 72-5    revoke the stay of the order suspending license and render a final

 72-6    order suspending license.

 72-7          SECTION 91.  Subsections (a) and (c), Section 232.013, Family

 72-8    Code, are amended to read as follows:

 72-9          (a)  The court or Title IV-D agency may render an order

72-10    vacating or staying an order suspending license if the individual

72-11    [obligor] has:

72-12                (1)  paid all delinquent child support or has

72-13    established a satisfactory payment record; or

72-14                (2)  complied with the requirements of a reissued

72-15    subpoena.

72-16          (c)  On receipt of an order vacating or staying an order

72-17    suspending license, the licensing authority shall promptly issue

72-18    the affected license to the individual [obligor] if the individual

72-19    [obligor] is otherwise qualified for the license.

72-20          SECTION 92.  Section 232.014, Family Code, is amended to read

72-21    as follows:

72-22          Sec. 232.014.  FEE BY LICENSING AUTHORITY.  A licensing

72-23    authority may charge a fee to an individual [obligor] who is the

72-24    subject of an order suspending license in an amount sufficient to

72-25    recover the administrative costs incurred by the authority under

72-26    this chapter.

72-27          SECTION 93.  Subtitle D, Title 5, Family Code, is amended by

 73-1    adding Chapter 234 to read as follows:

 73-2           CHAPTER 234.  STATE CASE REGISTRY, DISBURSEMENT UNIT,

 73-3                        AND DIRECTORY OF NEW HIRES

 73-4     SUBCHAPTER A.  UNIFIED STATE CASE REGISTRY AND DISBURSEMENT UNIT

 73-5          Sec. 234.001.  ESTABLISHMENT AND OPERATION OF UNIFIED

 73-6    REGISTRY AND DISBURSEMENT UNIT.  The Title IV-D agency shall

 73-7    establish and operate a unified state case registry and state

 73-8    disbursement unit meeting the requirements of 42 U.S.C. Sections

 73-9    654A(e) and 654B.  The registry and unit shall:

73-10                (1)  maintain records of child support orders in Title

73-11    IV-D cases and in other cases in which a child support order has

73-12    been established or modified in this state on or after October 1,

73-13    1998;

73-14                (2)  receive, maintain, and furnish records of child

73-15    support payments in Title IV-D cases and other cases as required by

73-16    law;

73-17                (3)  in a Title IV-D case, monitor support payments and

73-18    initiate appropriate enforcement actions immediately on the

73-19    occurrence of a delinquency in payment;

73-20                (4)  distribute child support payments as required by

73-21    law; and

73-22                (5)  maintain custody of official child support payment

73-23    records in the registry and disbursement unit.

73-24          Sec. 234.002.  INTEGRATED SYSTEM FOR CHILD SUPPORT AND

73-25    MEDICAL SUPPORT ENFORCEMENT.  The statewide integrated system for

73-26    child support and medical support enforcement under Chapter 231

73-27    shall be part of the unified state case registry and state

 74-1    disbursement unit authorized by this subchapter.

 74-2          Sec. 234.003.  WORK GROUP; COOPERATION REQUIRED.  (a)  The

 74-3    Title IV-D agency shall convene a work group to develop procedures

 74-4    for the establishment and operation of the unified state case

 74-5    registry and disbursement unit.  The work group shall consist of

 74-6    representatives of the judiciary, district clerks, domestic

 74-7    relations offices, and the bureau of vital statistics, as well as

 74-8    other county and state agencies identified by the Title IV-D

 74-9    agency.  To the extent possible, the work group shall consolidate

74-10    the reporting of information relating to court orders required of

74-11    clerks of courts under this title.

74-12          (b)  The Title IV-D agency shall, in cooperation with the

74-13    work group established under this section, adopt rules and

74-14    prescribe forms to implement this subchapter.

74-15          Sec. 234.004.  CONTRACTS AND COOPERATIVE AGREEMENTS.  The

74-16    Title IV-D agency may enter into contracts and cooperative

74-17    agreements as necessary to establish and operate the state case

74-18    registry and state disbursement unit authorized under this

74-19    subchapter.

74-20          Sec. 234.005.  APPLICATION OF LAWS REQUIRING REPORTING TO

74-21    REGISTRY.  (a)  The requirements in Sections 105.006(b) and

74-22    105.008(a) that certain information be provided to the state case

74-23    registry do not apply until the registry is established under this

74-24    subchapter.

74-25          (b)  This section expires September 1, 1999.

74-26             (Sections 234.006-234.100 reserved for expansion

74-27                SUBCHAPTER B.  STATE DIRECTORY OF NEW HIRES

 75-1          Sec. 234.101.  DEFINITIONS.  In this subchapter:

 75-2                (1)  "Employee" means an individual who is an employee

 75-3    within the meaning of Chapter 24 of the Internal Revenue Code of

 75-4    1986 (26 U.S.C. Section 3401(c)).  The term does not include an

 75-5    employee of a state agency performing intelligence or

 75-6    counterintelligence functions if the head of the agency has

 75-7    determined that reporting employee information under this

 75-8    subchapter could endanger the safety of the employee or compromise

 75-9    an ongoing investigation or intelligence activity.

75-10                (2)  "Employer" has the meaning given that term by

75-11    Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.

75-12    Section 3401(d)) and includes a governmental entity and a labor

75-13    organization, as that term is identified in Section 2(5) of the

75-14    National Labor Relations Act (29 U.S.C. Section 152(5)), including

75-15    an entity, also known as a "hiring hall," used by the labor

75-16    organization and an employer to carry out requirements of an

75-17    agreement between the organization and an employer described in

75-18    Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).

75-19          Sec. 234.102.  In cooperation with the Texas Workforce

75-20    Commission, the Title IV-D agency shall develop and operate a state

75-21    directory to which employers in the state shall report each newly

75-22    hired or rehired employee in accordance with the requirements of 42

75-23    U.S.C. Section 653A.

75-24          Sec. 234.103.  The Title IV-D agency may enter into

75-25    cooperative agreements and contracts as necessary to create and

75-26    operate the directory authorized under this subchapter.

75-27          Sec. 234.104.  The Title IV-D agency by rule shall establish

 76-1    procedures for reporting employee information and for operating a

 76-2    state directory of new hires meeting the requirements of federal

 76-3    law.

 76-4          SECTION 94.  Subdivision (4), Section 24.002, Business &

 76-5    Commerce Code, is amended to read as follows:

 76-6                (4)  "Creditor" means a person, including a spouse,

 76-7    minor, person entitled to receive court or administratively ordered

 76-8    child support for the benefit of a child, or ward, who has a claim.

 76-9          SECTION 95.  (a)  Sections 157.065(d), 157.322(c) through

76-10    (e), 158.107, 158.305, 231.004, 231.430, and 231.431, Family Code,

76-11    and Section 232.003, Family Code, as added by Chapter 665, Acts of

76-12    the 74th Legislature, 1995, are repealed.

76-13          (b)  Section 231.304, Family Code, is repealed on October 1,

76-14    1998.

76-15          SECTION 96.  (a)  This Act takes effect September 1, 1997.

76-16          (b)  The change in law made by this Act does not affect a

76-17    proceeding under the Family Code pending on the effective date of

76-18    this Act.  A proceeding pending on the effective date of this Act

76-19    is governed by the law in effect at the time the proceeding was

76-20    commenced, and the former law is continued in effect for that

76-21    purpose.

76-22          (c)  The enactment of this Act does not by itself constitute

76-23    a material and substantial change of circumstances sufficient to

76-24    warrant modification of a court order or portion of a decree that

76-25    provides for the support of or possession of or access to a child

76-26    entered before the effective date of this Act.

76-27          (d)  The requirement that an employer report a newly hired or

 77-1    rehired employee to the state directory of new hires under

 77-2    Subchapter B, Chapter 234, Family Code, as added by this Act, takes

 77-3    effect October 1, 1998.

 77-4          SECTION 97.  The importance of this legislation and the

 77-5    crowded condition of the calendars in both houses create an

 77-6    emergency and an imperative public necessity that the

 77-7    constitutional rule requiring bills to be read on three several

 77-8    days in each house be suspended, and this rule is hereby suspended.

 77-9                         COMMITTEE AMENDMENT NO. 1

77-10          Amend H.B. 3286 to read as follows:

77-11          (1)  On page 3, line 17, strike SECTION 6 of the bill and

77-12    renumber the subsequent sections appropriately.

77-13          (2)  On page 6, line 23, insert the following after the

77-14    period:  "The record of an order shall include information provided

77-15    by the parties on a form developed by the Title IV-D agency.  The

77-16    form shall be completed by the petitioner and submitted to the

77-17    clerk at the time the order is filed for record."

77-18          (3)  On page 34, line 3, strike "notice" and substitute

77-19    "judicial writ".

77-20          (4)  On page 43, lines 7-8, strike ", in the absence of an

77-21    existing order,".

77-22          (5)  On page 44, line 20, strike "42 U.S.C. Section 608" and

77-23    substitute "law".

77-24          (6)  On page 68, line 19, strike "maternity" and substitute

77-25    "paternity".

77-26          (7)  On page 80, line 2, insert "and other appropriate

77-27    entities" after "agencies" and before "identified".

 78-1          (8)  On page 82, line 9, strike "and Section 232.003, Family

 78-2    Code".

 78-3          (9)  On page 48, line 24, strike subsection (c).

 78-4                                                                Goodman