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