Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Goodman 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
2-28 of withholding" means the document issued by the clerk of a court
2-29 and delivered to an employer directing that earnings be withheld
2-30 for payment of child support as provided by Chapter 158.
3-1 Sec. 101.0201. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
3-2 WITHHOLDING. "Notice of application for judicial writ of
3-3 withholding" means the document delivered to an obligor and filed
3-4 with the court as required by Chapter 158 for the nonjudicial
3-5 determination of arrears and initiation of withholding.
3-6 Sec. 101.0301. STATE CASE REGISTRY. "State case registry"
3-7 means the registry established and operated by the Title IV-D
3-8 agency under 42 U.S.C. Section 654A that has responsibility for
3-9 maintaining records with respect to child support orders in all
3-10 Title IV-D cases and in all other cases in which a support order is
3-11 rendered or modified under this title on or after October 1, 1998.
3-12 SECTION 6. Subsection (b), Section 105.002, Family Code, is
3-13 amended to read as follows:
3-14 (b) A party may not demand a jury trial in:
3-15 (1) a suit in which adoption is sought, including a
3-16 trial on the issue of denial or revocation of consent to the
3-17 adoption by the managing conservator; or
3-18 (2) a suit to determine parentage under Chapter 160.
3-19 SECTION 7. Section 105.006, Family Code, is amended by
3-20 amending Subsections (b), (c), (e), and (g) and adding Subsection
3-21 (f) to read as follows:
3-22 (b) Except as provided by Subsection (c), the court shall
3-23 order each party to inform each other party, the court that
3-24 rendered the order, and the state case registry under Chapter 234
3-25 of an intended change in any of the information required by this
3-26 section as long as any person, as a result of the order, is under
3-27 an obligation to pay child support or is entitled to possession of
3-28 or access to a child. The court shall order that notice of the
3-29 intended change be given at the earlier of:
3-30 (1) the 60th day before the date the party intends to
4-1 make the change; or
4-2 (2) the fifth day after the date that the party knew
4-3 of the change, if the party did not know or could not have known of
4-4 the change in sufficient time to comply with Subdivision (1).
4-5 (c) If a court finds after notice and hearing that requiring
4-6 a party to provide the information required by this section to
4-7 another party is likely to cause the child or a conservator
4-8 harassment, abuse, serious harm, or injury, the court may:
4-9 (1) order the information not to be disclosed to
4-10 another party; or
4-11 (2) render any other order the court considers
4-12 necessary.
4-13 (e) Except as provided by Subsection (c), an order in a suit
4-14 that orders child support or possession of or access to a child
4-15 must also contain the following notice [order] in bold-faced type
4-16 or in capital letters:
4-17 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
4-18 NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
4-19 [WITHIN 10 DAYS AFTER THE DATE] OF ANY CHANGE IN THE PARTY'S
4-20 CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER,
4-21 NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
4-22 AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF
4-23 AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER
4-24 PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH
4-25 DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR
4-26 COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE
4-27 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON
4-28 OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
4-29 CHANGE.
4-30 "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
5-1 THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
5-2 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
5-3 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
5-4 "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
5-5 PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
5-6 WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
5-7 LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
5-8 FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
5-9 TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
5-10 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
5-11 (f) Except for an action in which contempt is sought, in any
5-12 subsequent child support enforcement action, the court may, on a
5-13 showing that diligent effort has been made to determine the
5-14 location of a party, consider due process requirements for notice
5-15 and service of process to be met with respect to that party on
5-16 delivery of written notice to the most recent residential or
5-17 employer address filed by that party with the court and the state
5-18 case registry.
5-19 (g) The Title IV-D agency shall promulgate and provide forms
5-20 for a party to use in reporting to the court and, when established,
5-21 to the state case registry under Chapter 234 the information
5-22 required under this section [Notwithstanding another provision of
5-23 this section, a court in a county with a population of 2.8 million
5-24 or more shall order each party to inform the clerk of the court of
5-25 a change in information required by this section in the manner
5-26 provided by Subsection (b). The order required by Subsection (e)
5-27 shall reflect the notification requirement of this subsection].
5-28 SECTION 8. Chapter 105, Family Code, is amended by adding
5-29 Section 105.008 to read as follows:
5-30 Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE
6-1 REGISTRY. (a) The clerk of the court shall provide the state case
6-2 registry with a record of a court order for child support as
6-3 required by procedures adopted under Section 234.003.
6-4 (b) To the extent federal funds are available, the Title
6-5 IV-D agency shall reimburse the clerk of the court for the costs
6-6 incurred in providing the record of support order required under
6-7 this section.
6-8 SECTION 9. Subsection (a), Section 110.002, Family Code, is
6-9 amended to read as follows:
6-10 (a) The clerk of the court may collect a filing fee of $15
6-11 in a suit for filing:
6-12 (1) a suit for modification;
6-13 (2) a motion for enforcement;
6-14 (3) a notice of application for judicial writ of
6-15 withholding [delinquency]; or
6-16 (4) a motion to transfer.
6-17 SECTION 10. Section 110.004, Family Code, is amended to read
6-18 as follows:
6-19 Sec. 110.004. FEE FOR ISSUING AND DELIVERING WITHHOLDING
6-20 ORDER OR WRIT. The clerk of the court may charge a reasonable fee,
6-21 not to exceed $15, for each order or writ of income withholding
6-22 issued by the clerk and delivered to an employer [by mail].
6-23 SECTION 11. Subsection (a), Section 154.007, Family Code, is
6-24 amended to read as follows:
6-25 (a) In [Except for good cause shown, or on agreement of the
6-26 parties, in] a proceeding in which periodic payments of child
6-27 support are ordered, modified, or enforced, the court or Title IV-D
6-28 agency shall order that income be withheld from the disposable
6-29 earnings of the obligor as provided by Chapter 158.
6-30 SECTION 12. Subsection (b), Section 154.184, Family Code, is
7-1 amended to read as follows:
7-2 (b) If the employee or member is eligible for dependent
7-3 health coverage, the employer [The child] shall [be] automatically
7-4 enroll the child [enrolled] for the first 31 days after the receipt
7-5 of the order or notice of the medical support order under Section
7-6 154.186 [by the employer] on the same terms and conditions as apply
7-7 to any other dependent child.
7-8 SECTION 13. Section 154.186, Family Code, is amended to read
7-9 as follows:
7-10 Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.
7-11 The obligee, obligor, or a child support agency may send to the
7-12 employer a copy of the order requiring an employee to provide
7-13 health insurance coverage for a child or may include notice of the
7-14 medical support order in an order or writ of withholding sent to
7-15 the employer in accordance with Chapter 158.
7-16 SECTION 14. Subsections (a), (c), and (d), Section 154.187,
7-17 Family Code, are amended to read as follows:
7-18 (a) An order or notice under this subchapter to an employer
7-19 directing that health insurance coverage be provided to a child of
7-20 an employee or member is binding on a current or subsequent [the]
7-21 employer on receipt without regard to the date the order was
7-22 rendered. If the employee or member is eligible for dependent
7-23 health coverage for the child, the employer shall immediately
7-24 enroll the child in a health insurance plan regardless of whether
7-25 the employee is enrolled in the plan. If dependent coverage is not
7-26 available to the employee or member through the employer's health
7-27 insurance plan or enrollment cannot be made permanent or if the
7-28 employer is not responsible or otherwise liable for providing such
7-29 coverage, the employer shall provide notice to the sender in
7-30 accordance with Subsection (c).
8-1 (c) An employer who has received an order or notice under
8-2 this subchapter shall provide to the sender, by first class mail
8-3 not later than the 30th day after the date the employer receives
8-4 the order or notice, a statement that the child:
8-5 (1) has been enrolled in a health insurance plan; or
8-6 (2) cannot be enrolled or cannot be enrolled
8-7 permanently in a health insurance plan and provide the reason why
8-8 coverage or permanent coverage cannot be provided.
8-9 (d) If the employee ceases employment or if the health
8-10 insurance coverage lapses, the employer shall provide to the
8-11 sender, by first class mail not later than the 15th day after the
8-12 date of the termination of employment or the lapse of the coverage,
8-13 notice of the termination or lapse and of the availability of any
8-14 conversion privileges[, if any].
8-15 SECTION 15. Section 154.189, Family Code, is amended to read
8-16 as follows:
8-17 Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
8-18 COVERAGE. (a) An obligor ordered to provide health insurance
8-19 coverage for a child must notify the obligee and any child support
8-20 agency enforcing a support obligation against the obligor of the:
8-21 (1) termination or lapse of health insurance coverage
8-22 for the child not later than the 15th day after the date of a
8-23 termination or lapse; and
8-24 (2) availability of additional health insurance to the
8-25 obligor for the child after a termination or lapse of coverage not
8-26 later than the 15th day after the date the insurance becomes
8-27 available.
8-28 (b) If termination of coverage results from a change of
8-29 employers, the obligor, the obligee, or the child support agency
8-30 may send the new employer a copy of the order requiring the
9-1 employee to provide health insurance for a child or notice of the
9-2 medical support order as provided by this subchapter.
9-3 SECTION 16. Subchapter D, Chapter 154, Family Code, is
9-4 amended by adding Section 154.193 to read as follows:
9-5 Sec. 154.193. MEDICAL SUPPORT ORDER NOT QUALIFIED. (a) If
9-6 a plan administrator or other person acting in an equivalent
9-7 position determines that a medical support order issued under this
9-8 subchapter does not qualify for enforcement under federal law, the
9-9 tribunal may, on its own motion or the motion of a party, render an
9-10 order that qualifies for enforcement under federal law.
9-11 (b) The procedure for filing a motion for enforcement of a
9-12 final order applies to a motion under this section. Service of
9-13 citation is not required, and a person is not entitled to a jury in
9-14 a proceeding under this section.
9-15 (c) The employer or plan administrator is not a necessary
9-16 party to a proceeding under this section.
9-17 SECTION 17. Subsection (a), Section 156.401, Family Code, is
9-18 amended to read as follows:
9-19 (a) Except as provided by Subsection (b), the court may
9-20 modify an order that provides for the support of a child if:
9-21 (1) the circumstances of the child or a person
9-22 affected by the order have materially and substantially changed
9-23 since the date of the order's rendition; or
9-24 (2) it has been three years since the order was
9-25 rendered or last modified and the monthly amount of the child
9-26 support award under the order differs by either 20 percent or $100
9-27 from the amount that would be awarded in accordance with the child
9-28 support guidelines.
9-29 SECTION 18. Subsection (b), Section 157.002, Family Code, is
9-30 amended to read as follows:
10-1 (b) A motion for enforcement of child support:
10-2 (1) must include the amount owed as provided in the
10-3 order, the amount paid, and the amount of arrearages;
10-4 (2) if contempt is requested, must include the portion
10-5 of the order allegedly violated and, for each date of alleged
10-6 contempt, the amount due and the amount paid, if any; [and]
10-7 (3) may include as an attachment a copy of a record of
10-8 child support payments maintained by the Title IV-D registry or a
10-9 local registry; and
10-10 (4) if the obligor owes arrearages for a child
10-11 receiving assistance under Part A of Title IV of the federal Social
10-12 Security Act, may include a request that:
10-13 (A) the obligor pay the arrearages in accordance
10-14 with a plan approved by the court; or
10-15 (B) if the obligor is already subject to a plan
10-16 and is not incapacitated, the obligor participate in work
10-17 activities, as defined under 42 U.S.C. Section 607(d), that the
10-18 court determines appropriate.
10-19 SECTION 19. Subsection (a), Section 157.065, Family Code, is
10-20 amended to read as follows:
10-21 (a) If a party has been ordered under Chapter 105 to provide
10-22 the [clerk of the] court and the state case registry with the
10-23 party's current mailing address, notice of a motion for enforcement
10-24 may be served by mailing a copy of the notice to the respondent,
10-25 together with a copy of the motion, by first class mail to the last
10-26 mailing address of the respondent on file with the court and the
10-27 registry [clerk].
10-28 SECTION 20. Section 157.311, Family Code, is amended to read
10-29 as follows:
10-30 Sec. 157.311. DEFINITIONS. In this subchapter:
11-1 (1) "Claimant" means:
11-2 (A) the obligee or a private attorney
11-3 representing the obligee;
11-4 (B) the Title IV-D agency providing child
11-5 support services;
11-6 (C) a domestic relations office or local
11-7 registry; or
11-8 (D) an attorney appointed as a friend of the
11-9 court.
11-10 (2) "Court having continuing jurisdiction" is the
11-11 court of continuing, exclusive jurisdiction in this state or a
11-12 tribunal of another state having jurisdiction under the Uniform
11-13 Interstate Family Support Act or a substantially similar act.
11-14 (3) "Lien" means a child support lien.
11-15 SECTION 21. Section 157.312, Family Code, is amended by
11-16 adding Subsections (d), (e), and (f) to read as follows:
11-17 (d) A child support lien arises:
11-18 (1) by operation of law against real and personal
11-19 property of an obligor for all amounts of overdue support,
11-20 regardless of whether the amounts have been adjudicated or
11-21 otherwise determined, subject to the requirements of this
11-22 subchapter for recording and notice; or
11-23 (2) when a court having continuing jurisdiction or, in
11-24 a Title IV-D case, the Title IV-D agency determines an amount of
11-25 arrears owed by a child support obligor.
11-26 (e) A child support lien arising in another state may be
11-27 enforced in the same manner and to the same extent as a lien
11-28 arising in this state.
11-29 (f) A foreclosure action under this subchapter is not
11-30 required as a prerequisite to levy and execution on a judgment or
12-1 an administrative determination of arrears rendered after notice
12-2 and opportunity for hearing.
12-3 SECTION 22. Subsection (a), Section 157.313, Family Code, is
12-4 amended to read as follows:
12-5 (a) A child support lien notice must contain:
12-6 (1) the style, docket number, and identity of the
12-7 tribunal of this or another state [court] having continuing
12-8 jurisdiction of the child support action;
12-9 (2) the name, address, and, if available, the birth
12-10 date, driver's license number, and social security number of the
12-11 obligor;
12-12 (3) the name and social security number, if available,
12-13 of the obligee and the child;
12-14 (4) the amount of child support arrearages owed by the
12-15 obligor and the date of the signing [rendition] of the court order,
12-16 administrative order, or [issuance of the] writ that determined the
12-17 arrearages or the date and manner in which the arrearages were
12-18 determined;
12-19 (5) the rate of interest specified in the court order,
12-20 administrative order, or writ or, in the absence of a specified
12-21 interest rate, the rate provided for by law [Subchapter F]; and
12-22 (6) the name and address of the person or agency
12-23 asserting the lien [to whom the payment of the child support
12-24 arrearages shall be made].
12-25 SECTION 23. Section 157.314, Family Code, is amended to read
12-26 as follows:
12-27 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT.
12-28 (a) A child support lien notice or an abstract of judgment for
12-29 past due child support may be filed by the claimant with the county
12-30 clerk of:
13-1 (1) [the county clerk of] any county in which the
13-2 obligor is believed to own nonexempt real or personal property;
13-3 (2) [or in] the county in which the obligor resides;
13-4 or
13-5 (3) the county in which the court having continuing
13-6 jurisdiction has venue of the suit affecting the parent-child
13-7 relationship.
13-8 (b) A child support lien notice may be filed with:
13-9 (1) [(2)] the clerk of the court in which a claim,
13-10 counterclaim, or suit by, or on behalf of, the obligor, including a
13-11 claim or potential right to proceeds from an estate as an heir,
13-12 beneficiary, or creditor, is pending, provided that a copy of the
13-13 lien is mailed to the attorney of record for the obligor, if any;
13-14 [or]
13-15 (2) [(3)] an attorney who represents the obligor in a
13-16 claim or counterclaim that has not been filed with a court;
13-17 (3) any other individual or organization believed to
13-18 be in possession of real or personal property of the obligor; or
13-19 (4) any governmental unit or agency that issues or
13-20 records certificates, titles, or other indicia of property
13-21 ownership.
13-22 SECTION 24. Section 157.316, Family Code, is amended to read
13-23 as follows:
13-24 Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. A child
13-25 support lien is perfected [attaches] when an abstract of judgment
13-26 for past due child support or a child support lien notice is filed
13-27 with the county clerk as provided by this subchapter.
13-28 SECTION 25. Subsection (a), Section 157.317, Family Code, is
13-29 amended to read as follows:
13-30 (a) A lien attaches to all real and personal property not
14-1 exempt under the Texas Constitution, including a claim for
14-2 negligence, personal injury, or workers' compensation, or an
14-3 insurance award for the claim, owned by the obligor on or after the
14-4 date the lien notice or abstract of judgment is filed with the
14-5 county clerk of the county in which the property is located, with
14-6 the court clerk as to property or claims in litigation, or, as to
14-7 property of the obligor in the possession or control of a third
14-8 party, from the date the lien notice is filed with that party
14-9 [attaches].
14-10 SECTION 26. Section 157.318, Family Code, is amended to read
14-11 as follows:
14-12 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
14-13 (a) A lien is effective until all current support and child
14-14 support arrearages, including interest, have been paid or the lien
14-15 is otherwise released as provided by this subchapter [for 10 years
14-16 from the date the notice is recorded in the county clerk's office
14-17 in the county where the property of the obligor is located].
14-18 (b) The lien secures payment of all child support arrears
14-19 owed by the obligor under the underlying support order, including
14-20 arrearages that accrue after the administrative or judicial
14-21 determination of arrearages stated in the lien notice [may be
14-22 extended for an additional 10-year period by recording a lien
14-23 notice before the tenth anniversary of the date of the original
14-24 recording of the notice].
14-25 (c) The filing of a lien notice or abstract of judgment with
14-26 the county clerk is a record of the notice and has the same effect
14-27 as any other lien notice with respect to real property records.
14-28 SECTION 27. Section 157.319, Family Code, is amended to read
14-29 as follows:
14-30 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
15-1 (a) [The filing of a lien notice is a record of the notice.]
15-2 [(b)] If [a lien has been filed as provided in this
15-3 subchapter and] a person having notice of the lien possesses
15-4 nonexempt personal property of the obligor that may be subject to
15-5 the lien, the property may not be paid over, released, sold,
15-6 transferred, encumbered, or conveyed unless:
15-7 (1) a release of lien signed by the claimant is
15-8 delivered to the person in possession; or
15-9 (2) a court, after notice to the claimant and hearing,
15-10 has ordered the release of the lien because arrearages do not
15-11 exist.
15-12 (b) A person having notice of a child support lien who
15-13 violates this section may be joined as a party to a foreclosure
15-14 action under this chapter and is subject to the penalties provided
15-15 by this subchapter.
15-16 SECTION 28. Section 157.321, Family Code, is amended to read
15-17 as follows:
15-18 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A claimant may
15-19 at any time release a lien on all or part of the property of the
15-20 obligor or return seized property, without liability, if assurance
15-21 of payment is considered adequate by the claimant or if the release
15-22 or return will facilitate the collection of the arrearages. The
15-23 release or return may not operate to prevent future action to
15-24 collect from the same or other property owned by the obligor.
15-25 SECTION 29. Subsections (a) and (b), Section 157.322, Family
15-26 Code, are amended to read as follows:
15-27 (a) On payment in full of the amount of child support due,
15-28 together with any costs and reasonable attorney's fees, the
15-29 claimant shall execute and deliver to the obligor or the obligor's
15-30 attorney a release of the child support lien.
16-1 (b) The release of lien is effective when filed with the
16-2 county clerk with whom the lien notice or abstract of judgment was
16-3 filed. A copy of the release of lien may be filed with any other
16-4 individual or organization that may have been served with a lien
16-5 notice under this subchapter [A child support lien release shall be
16-6 filed in the same manner as the notice of lien].
16-7 SECTION 30. Section 157.323, Family Code, is amended to read
16-8 as follows:
16-9 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
16-10 (a) In addition to any other remedy provided by law [When a lien
16-11 notice has been filed under this subchapter], an action to
16-12 foreclose a child support lien or to dispute the amount of
16-13 arrearages stated in the lien [on nonexempt real or personal
16-14 property] may be brought in the court of continuing jurisdiction
16-15 or, if there is no court of continuing jurisdiction in this state,
16-16 in the district court of the county in which the property is or was
16-17 located and the lien was filed.
16-18 (b) The procedures provided by Subchapter B apply to a
16-19 foreclosure action under this section, except that a person or
16-20 organization in possession of the property of the obligor may be
16-21 joined as an additional respondent.
16-22 (c) If [After notice to the obligor and the claimant, the
16-23 court shall conduct a hearing and, if] arrearages are owed by the
16-24 obligor, the court shall:
16-25 (1) render judgment against the obligor for the amount
16-26 due, plus costs and reasonable attorney's fees; [and]
16-27 (2) order any official authorized to levy execution to
16-28 satisfy the lien, costs, and attorney's fees by selling any
16-29 property on which a lien is established under this subchapter; or
16-30 (3) order an individual or organization in possession
17-1 of nonexempt personal property or cash owned by the obligor to
17-2 dispose of the property as the court may direct.
17-3 (d) For execution and sale [(c) In all sales contemplated]
17-4 under this section, publication of notice is necessary only for
17-5 three consecutive weeks in a newspaper published in the county
17-6 where the property is located or, if there is no newspaper in that
17-7 county, in the most convenient newspaper in circulation in the
17-8 county.
17-9 SECTION 31. Section 157.324, Family Code, is amended to read
17-10 as follows:
17-11 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
17-12 LIEN. A person who knowingly disposes of property subject to a
17-13 lien or who, after a foreclosure hearing, fails to surrender on
17-14 demand nonexempt personal property as directed by a court or
17-15 administrative order [seized] under this subchapter is liable to
17-16 the claimant in an amount equal to the arrearages for which the
17-17 foreclosure judgment was issued.
17-18 SECTION 32. Subsection (b), Section 157.325, Family Code, is
17-19 amended to read as follows:
17-20 (b) If the claimant refuses the request, the holder of the
17-21 personal property or the obligor may file suit under this
17-22 subchapter for an order determining the amount of arrearages and
17-23 discharging [petition the court of competent jurisdiction for
17-24 discharge of] excess personal property or money from the lien.
17-25 SECTION 33. Section 157.326, Family Code, is amended to read
17-26 as follows:
17-27 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE. (a) A spouse
17-28 of an obligor may file an affidavit with the [a] court of
17-29 continuing [competent] jurisdiction or, if there is no court of
17-30 continuing jurisdiction in this state, in the district court of the
18-1 county in which the property is or was located and the lien was
18-2 filed requesting that the court determine the extent, if any, of
18-3 the spouse's interest in real or personal property that is subject
18-4 to:
18-5 (1) a lien perfected under this subchapter; or
18-6 (2) an action to foreclose under this subchapter.
18-7 (b) After notice to the obligor, obligor's spouse, [and] the
18-8 claimant, and the obligee, the court shall conduct a hearing and
18-9 determine the extent, if any, of the ownership interest in the
18-10 property held by the obligor's spouse. If the court finds that:
18-11 (1) the property is the separate property of the
18-12 obligor's spouse, the court shall order that the lien against the
18-13 property be released and that any action to foreclose on the
18-14 property be dismissed; or
18-15 (2) the property is jointly owned by the obligor and
18-16 the obligor's spouse, the court shall determine whether the sale of
18-17 the obligor's interest in the property would result in an
18-18 unreasonable hardship on the obligor's spouse or family and:
18-19 (A) if so, the court shall render an order that
18-20 the obligor's interest in the property not be sold and that the
18-21 lien against the property should be released; or
18-22 (B) if not, the court shall render an order
18-23 partitioning the property and directing that the property be sold
18-24 and the proceeds applied to the child support arrearages
18-25 [consistent with the provisions of this subchapter].
18-26 (c) In a proceeding under this section, [subsection in
18-27 which] the spouse claiming [of the obligor claims by affidavit] an
18-28 ownership interest in the property[, the claimant] has the burden
18-29 to prove the extent of that [the obligor's] ownership interest.
18-30 SECTION 34. Section 158.001, Family Code, is amended to read
19-1 as follows:
19-2 Sec. 158.001. INCOME WITHHOLDING; GENERAL RULE [IN ORIGINAL
19-3 SUIT]. In [Except for good cause shown or on agreement of the
19-4 parties, in] a proceeding in which periodic payments of child
19-5 support are ordered, [or] modified, or enforced, the court or the
19-6 Title IV-D agency shall order that income be withheld from the
19-7 disposable earnings of the obligor as provided by this chapter.
19-8 SECTION 35. Section 158.002, Family Code, is amended to read
19-9 as follows:
19-10 Sec. 158.002. SUSPENSION OF INCOME WITHHOLDING [IN
19-11 SUBSEQUENT ACTION]. Except in a Title IV-D case, the [The] court
19-12 may provide, for good cause shown or on agreement of the parties,
19-13 that the [shall] order withholding income need not be issued or
19-14 delivered to an employer until [withholding in a motion for
19-15 enforcement if the court finds that at the time of filing of the
19-16 motion]:
19-17 (1) the obligor has been in arrears for an amount due
19-18 for more than 30 days; [and]
19-19 (2) the amount of the arrearages is an amount equal to
19-20 or greater than the amount due for a one-month period; or
19-21 (3) any other violation of the child support order has
19-22 occurred.
19-23 SECTION 36. Section 158.006, Family Code, is amended to read
19-24 as follows:
19-25 Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a
19-26 Title IV-D case, the court or the Title IV-D agency shall order
19-27 that income be withheld from the disposable earnings of the obligor
19-28 and may not suspend, stay, or delay issuance of the order or of a
19-29 judicial or administrative writ of withholding [and that all child
19-30 support payments be paid through a local registry or directly to
20-1 the Title IV-D agency].
20-2 SECTION 37. Section 158.009, Family Code, is amended to read
20-3 as follows:
20-4 Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An
20-5 order or writ of withholding shall direct that any employer of the
20-6 obligor withhold from the obligor's disposable earnings the amount
20-7 specified [in the order] up to a maximum amount of 50 percent of
20-8 the obligor's disposable earnings.
20-9 SECTION 38. Section 158.010, Family Code, is amended to read
20-10 as follows:
20-11 Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING
20-12 BUSINESS IN STATE. An order or writ of withholding issued under
20-13 this chapter and delivered to an employer doing business in this
20-14 state is binding on the employer without regard to whether the
20-15 obligor resides or works outside this state.
20-16 SECTION 39. Subsection (a), Section 158.011, Family Code, is
20-17 amended to read as follows:
20-18 (a) An obligor may file with the clerk of the court a
20-19 notarized or acknowledged request signed by the obligor and the
20-20 obligee for the issuance and delivery to the obligor's employer of
20-21 a writ of withholding. A notarized or acknowledged request may be
20-22 filed under this section regardless of whether a writ or order
20-23 [notice of delinquency] has been served on any party or of the
20-24 existence or amount of an arrearage.
20-25 SECTION 40. Section 158.102, Family Code, is amended to read
20-26 as follows:
20-27 Sec. 158.102. TIME LIMITATIONS. The court retains
20-28 jurisdiction to render an order that provides for income to be
20-29 withheld from the disposable earnings of the obligor until all
20-30 current support and child support arrearages, including interest,
21-1 have been paid [if the motion for income withholding is filed not
21-2 later than the fourth anniversary of the date:]
21-3 [(1) the child becomes an adult;]
21-4 [(2) the child support obligation terminates as
21-5 provided in the order or by operation of law; or]
21-6 [(3) an order of withholding was rendered or a writ of
21-7 withholding was issued and arrearages have not been fully
21-8 discharged].
21-9 SECTION 41. Section 158.103, Family Code, is amended to read
21-10 as follows:
21-11 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
21-12 withholding shall state:
21-13 (1) the style, cause number, and court having
21-14 continuing jurisdiction of the suit;
21-15 (2) the name, address, and, if available, the social
21-16 security number of the obligor;
21-17 (3) the amount and duration of the child support
21-18 payments and medical support payments or other provisions for
21-19 medical support;
21-20 (4) the name, address, and, if available, the social
21-21 security numbers of the child and the obligee;
21-22 (5) the name and address of the person or agency to
21-23 whom the payments shall be made;
21-24 (6) that the obligor is required to notify the court
21-25 promptly of any change affecting the order; and
21-26 (7) that the ordered amount shall be paid to a local
21-27 registry or the Title IV-D agency.
21-28 SECTION 42. Subsection (a), Section 158.106, Family Code, is
21-29 amended to read as follows:
21-30 (a) The Title IV-D agency shall prescribe forms [a form]
22-1 for:
22-2 (1) an [the] order of withholding that is sufficient
22-3 if rendered [by a court] in substantially the prescribed manner;
22-4 (2) a notice of application for judicial writ of
22-5 withholding; [and]
22-6 (3) a judicial writ of withholding as [that is
22-7 sufficient when issued by the clerk of the court substantially in
22-8 the manner] provided by Subchapter D; and
22-9 (4) an administrative writ of withholding, including
22-10 forms and procedures for electronic issuance of the writ, as
22-11 provided by Subchapter F [E].
22-12 SECTION 43. Section 158.201, Family Code, is amended to read
22-13 as follows:
22-14 Sec. 158.201. ORDER OR WRIT BINDING ON [NOTICE TO] EMPLOYER.
22-15 (a) An employer required [who may be directed] to withhold income
22-16 from earnings is not entitled to [as provided by this chapter need
22-17 not be given] notice of the proceedings before the order is
22-18 rendered or writ of withholding is issued.
22-19 (b) An order or writ of withholding is binding on an
22-20 employer regardless of whether the employer is specifically named
22-21 in the order or writ.
22-22 SECTION 44. Section 158.202, Family Code, is amended to read
22-23 as follows:
22-24 Sec. 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.
22-25 An employer shall begin to withhold income in accordance with an
22-26 order or writ of withholding not later than the first pay period
22-27 following the date on which the order or writ was delivered to the
22-28 employer and shall continue to withhold income as required by
22-29 [provided in] the order or writ as long as the obligor is employed
22-30 by the employer.
23-1 SECTION 45. Section 158.205, Family Code, is amended to read
23-2 as follows:
23-3 Sec. 158.205. HEARING REQUESTED BY EMPLOYER. (a) Not later
23-4 than the 20th day after the date an order or writ of withholding is
23-5 delivered, the employer may, as appropriate, file a motion with the
23-6 court or file a request with the Title IV-D agency for a hearing on
23-7 the applicability of the order or writ to the employer. The Title
23-8 IV-D agency by rule shall establish procedures for an agency
23-9 hearing under this section.
23-10 (b) The hearing under this section shall be held not later
23-11 than the 15th day after the date the motion or request was made
23-12 [filed].
23-13 (c) An order or writ of withholding remains binding and
23-14 payments shall continue to be made pending further order of the
23-15 court or, in the case of an administrative writ, action of the
23-16 Title IV-D agency.
23-17 SECTION 46. Subsection (a), Section 158.206, Family Code, is
23-18 amended to read as follows:
23-19 (a) An employer receiving an order or a writ of withholding
23-20 under this chapter, including an order or writ directing that
23-21 health insurance be provided to a child, who complies with the
23-22 order or writ is not liable to the obligor for the amount of income
23-23 withheld and paid as required by the [provided in the] order or
23-24 writ.
23-25 SECTION 47. Subsection (b), Section 158.207, Family Code, is
23-26 amended to read as follows:
23-27 (b) If the total amount due under the orders or writs
23-28 exceeds the maximum amount allowed to be withheld under Section
23-29 158.009, the employer shall pay an equal amount towards the current
23-30 support in each order or writ [portion of all orders or writs]
24-1 until the employer has complied fully with each current support
24-2 obligation [order or writ] and, thereafter, equal amounts on the
24-3 arrearages until the employer has complied with each order or writ,
24-4 or until the maximum total amount of allowed withholding is
24-5 reached, whichever occurs first.
24-6 SECTION 48. Subsections (c) and (d), Section 158.209, Family
24-7 Code, are amended to read as follows:
24-8 (c) If an employer intentionally discharges an employee in
24-9 violation of this section, the employer continues to be liable to
24-10 the employee for current wages and other benefits and for
24-11 reasonable attorney's fees and court costs incurred [by the
24-12 employee] in enforcing the employee's rights as provided in this
24-13 section.
24-14 (d) An action under this section may be brought [only] by
24-15 the employee, a friend of the court, the domestic relations office,
24-16 or the Title IV-D agency.
24-17 SECTION 49. The heading for Subchapter D, Chapter 158,
24-18 Family Code, is amended to read as follows:
24-19 SUBCHAPTER D. JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK
24-20 SECTION 50. Section 158.301, Family Code, is amended to read
24-21 as follows:
24-22 Sec. 158.301. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
24-23 WITHHOLDING; FILING. (a) A notice of application for judicial
24-24 writ of withholding may be filed if:
24-25 (1) a delinquency occurs in child support payments in
24-26 an amount equal to or greater than the total support due for one
24-27 month; or
24-28 (2) income withholding was not ordered at the time
24-29 child support was ordered.
24-30 (b) The notice of application for judicial writ of
25-1 withholding may be filed in the court of continuing jurisdiction
25-2 by:
25-3 (1) the Title IV-D agency;
25-4 (2) the attorney representing the local domestic
25-5 relations office;
25-6 (3) the attorney appointed a friend of the court as
25-7 provided in Chapter 202;
25-8 (4) the obligor or obligee; or
25-9 (5) a private attorney representing the obligor or
25-10 obligee.
25-11 (c) The Title IV-D agency may [shall] in a Title IV-D case
25-12 file a notice of application for judicial writ of withholding on
25-13 request of the obligor or obligee.
25-14 SECTION 51. Section 158.302, Family Code, is amended to read
25-15 as follows:
25-16 Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL
25-17 WRIT OF WITHHOLDING. The notice of application for judicial writ
25-18 of withholding shall be verified and:
25-19 (1) state the amount of monthly support due, including
25-20 medical support, the amount of arrearages or anticipated
25-21 arrearages, including accrued interest, and the amount of wages
25-22 that will be withheld in accordance with a judicial [by the] writ
25-23 of withholding;
25-24 (2) state that the withholding applies to each current
25-25 or subsequent employer or period of employment;
25-26 (3) state that if the obligor does not contest the
25-27 withholding within 10 days after the date of receipt of the notice
25-28 [of withholding], the obligor's employer will be notified to begin
25-29 the withholding;
25-30 (4) describe the procedures for contesting the
26-1 issuance and delivery of a writ of withholding;
26-2 (5) state that if the obligor contests the
26-3 withholding, the obligor will be afforded an opportunity for a
26-4 hearing by the court not later than the 30th day after the date of
26-5 receipt of the notice of contest;
26-6 (6) state that the sole ground for successfully
26-7 contesting the issuance of a writ [notice] of withholding is a
26-8 dispute concerning the identity of the obligor or the existence or
26-9 amount of the arrearages, including accrued interest;
26-10 (7) describe the actions that may be taken [the
26-11 attorney will take] if the obligor contests the notice of
26-12 application for judicial writ of withholding, including the
26-13 procedures for suspending issuance of a writ of withholding; and
26-14 (8) include with the notice a suggested form for the
26-15 motion to stay issuance and delivery of the judicial writ of
26-16 withholding that the obligor may file with the clerk of the
26-17 appropriate court.
26-18 SECTION 52. Subsections (a) and (c), Section 158.303, Family
26-19 Code, are amended to read as follows:
26-20 (a) The [In a Title IV-D case, the] registration of a
26-21 foreign support order as provided in Chapter 159 is sufficient for
26-22 the filing of a notice of application for judicial writ of
26-23 withholding.
26-24 (c) Notice of application for judicial writ of withholding
26-25 may be delivered to the obligor at the same time that an order is
26-26 filed for registration under Chapter 159.
26-27 SECTION 53. Section 158.304, Family Code, is amended to read
26-28 as follows:
26-29 Sec. 158.304. ADDITIONAL ARREARAGES [ANTICIPATED
26-30 VIOLATIONS]. If the notice of application for judicial writ of
27-1 withholding states [claims] that the obligor has repeatedly failed
27-2 to pay support in accordance with the underlying support [violated
27-3 the] order, the judicial writ may include arrearages that accrue
27-4 [movant may plead anticipated future violations of a similar nature
27-5 may arise] between the filing of the notice and the date of the
27-6 hearing or the issuance of a judicial writ of withholding.
27-7 SECTION 54. Section 158.306, Family Code, is amended to read
27-8 as follows:
27-9 Sec. 158.306. DELIVERY OF NOTICE OF APPLICATION FOR JUDICIAL
27-10 WRIT OF WITHHOLDING; TIME OF DELIVERY. (a) A notice of
27-11 application for judicial writ of withholding may be delivered to
27-12 the obligor by:
27-13 (1) hand delivery by a person designated by the Title
27-14 IV-D agency or local domestic relations office;
27-15 (2) first-class or certified mail, return receipt
27-16 requested, addressed to the obligor's last known address or place
27-17 of employment; or
27-18 (3) by service of citation as in civil cases
27-19 generally.
27-20 (b) If the notice is delivered by mailing or hand delivery,
27-21 the party [attorney] who filed the notice shall file with the court
27-22 a certificate stating the name, address, and date on which the
27-23 mailing or hand delivery was made.
27-24 (c) Notice is considered to have been received by the
27-25 obligor:
27-26 (1) if hand delivered, on the date of delivery;
27-27 (2) if mailed by certified mail, on the date of
27-28 receipt;
27-29 (3) if mailed by first-class mail, on the 10th day
27-30 after the date the notice was mailed; or
28-1 (4) if delivered by service of citation, on the date
28-2 of service.
28-3 SECTION 55. Subsection (a), Section 158.307, Family Code, is
28-4 amended to read as follows:
28-5 (a) The obligor may stay issuance of a judicial writ of
28-6 withholding by filing a motion to stay [issuance] with the clerk of
28-7 court not later than the 10th day after the date the notice of
28-8 application for judicial writ of withholding was received.
28-9 SECTION 56. Section 158.308, Family Code, is amended to read
28-10 as follows:
28-11 Sec. 158.308. EFFECT OF FILING MOTION TO STAY. The filing
28-12 of a motion to stay [issuance] by an obligor in the manner provided
28-13 by Section 158.307 prohibits the clerk of court from delivering the
28-14 judicial writ of [income] withholding to any employer of the
28-15 obligor before a hearing is held.
28-16 SECTION 57. Section 158.309, Family Code, is amended to read
28-17 as follows:
28-18 Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion
28-19 to stay [issuance] is filed in the manner provided by Section
28-20 158.307, the court shall set a hearing on the motion and the clerk
28-21 of court shall notify the obligor, obligee, or their authorized
28-22 representatives, and the party [attorney] who filed the application
28-23 for notice of withholding of the date, time, and place of the
28-24 hearing.
28-25 (b) The court shall hold a hearing on the motion to stay not
28-26 later than the 30th day after the date the motion was filed, except
28-27 that a hearing [on a motion to stay in a proceeding that is not in
28-28 a Title IV-D case] may be held later than the 30th day after filing
28-29 if both the obligor and obligee agree and waive the right to have
28-30 the motion heard within 30 days.
29-1 (c) Upon [After the] hearing, the court shall:
29-2 (1) render an order for income withholding that
29-3 includes a determination of the amount of child support arrearages,
29-4 including medical support and interest; or
29-5 (2) grant the motion to stay [deny the requested
29-6 relief not later than the 45th day after the date the notice of
29-7 withholding was received by the obligor].
29-8 SECTION 58. Subsections (a) and (c), Section 158.310, Family
29-9 Code, are amended to read as follows:
29-10 (a) A defect in a notice of application for judicial writ of
29-11 withholding is waived unless the respondent specially excepts in
29-12 writing and cites with particularity the alleged defect, obscurity,
29-13 or other ambiguity in the notice.
29-14 (c) If the court sustains an exception, the court shall
29-15 provide the party [attorney] filing the notice [of withholding] an
29-16 opportunity to refile [the notice] and the court shall continue the
29-17 hearing to a date certain without the requirement of additional
29-18 service.
29-19 SECTION 59. Subsection (a), Section 158.311, Family Code, is
29-20 amended to read as follows:
29-21 (a) Payment of arrearages after receipt of notice of
29-22 application for judicial writ of withholding may not be the sole
29-23 basis for the court to refuse to order withholding.
29-24 SECTION 60. Subsection (a), Section 158.312, Family Code, is
29-25 amended to read as follows:
29-26 (a) If a notice of application for judicial writ of
29-27 withholding is delivered and a motion to stay is not filed within
29-28 the time limits provided by Section 158.307, the party [attorney]
29-29 who filed the notice [of withholding] shall file with the clerk of
29-30 the court a request for issuance of the writ of withholding stating
30-1 the amount of current support, including medical support, the
30-2 amount of arrearages, and the amount to be withheld from the
30-3 obligor's income [by the clerk of the court].
30-4 SECTION 61. Section 158.314, Family Code, is amended to read
30-5 as follows:
30-6 Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The judicial
30-7 writ of income withholding issued by the clerk must direct that the
30-8 employer or a subsequent employer [to] withhold from the obligor's
30-9 disposable income for current child support, including medical
30-10 support, and child support arrearages an amount that is consistent
30-11 with the provisions of this chapter regarding orders of
30-12 withholding.
30-13 SECTION 62. Section 158.315, Family Code, is amended to read
30-14 as follows:
30-15 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE BY PARTY
30-16 [ATTORNEY]; UNREASONABLE HARDSHIP. If the party [attorney] who
30-17 filed the notice of application for judicial writ of withholding
30-18 finds that the schedule for repaying arrearages would cause the
30-19 obligor, the obligor's family, or the children for whom the support
30-20 is due from the obligor to suffer unreasonable hardship, the party
30-21 [attorney] may extend the payment period in the writ.
30-22 SECTION 63. Section 158.317, Family Code, is amended to read
30-23 as follows:
30-24 Sec. 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
30-25 JUDICIAL WRIT OF WITHHOLDING. (a) Not later than the 30th day
30-26 after the date of the first pay period following the date of
30-27 delivery of the writ of withholding to the obligor's employer, the
30-28 obligor may file an affidavit with the court that a motion to stay
30-29 [issuance and delivery] was not timely filed because the notice of
30-30 application for judicial writ of withholding was not received by
31-1 the obligor and that grounds exist for a motion to stay [issuance
31-2 and delivery].
31-3 (b) Concurrently with the filing of the affidavit, the
31-4 obligor may file a motion to withdraw the writ of [income]
31-5 withholding and request a hearing on the applicability of the writ
31-6 [notice of delinquency].
31-7 (c) Income withholding may not be interrupted until after
31-8 the hearing at which the court renders an order denying or
31-9 modifying withholding.
31-10 SECTION 64. Section 158.319, Family Code, is amended to read
31-11 as follows:
31-12 Sec. 158.319. ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF
31-13 WITHHOLDING TO SUBSEQUENT EMPLOYER. (a) After the issuance of a
31-14 judicial writ of withholding by the clerk, a party [an attorney]
31-15 authorized to file a notice of application for judicial writ of
31-16 withholding under this subchapter may issue the judicial writ of
31-17 withholding to a subsequent employer of the obligor by delivering
31-18 to the employer by certified mail a copy of the writ.
31-19 (b) The judicial writ of withholding must include the name,
31-20 address, and signature of the party [attorney] and clearly indicate
31-21 that the writ is being issued to a subsequent employer.
31-22 (c) The party [attorney] shall file a copy of the judicial
31-23 writ of withholding with the clerk not later than the third working
31-24 day following delivery of the writ to the subsequent employer. The
31-25 party [attorney] shall pay the clerk a fee of $15 at the time the
31-26 copy of the writ is filed.
31-27 (d) The party [attorney] shall file the postal return
31-28 receipt from the delivery to the subsequent employer not later than
31-29 the third working day after the party [attorney] receives the
31-30 receipt.
32-1 SECTION 65. Subsection (b), Section 158.401, Family Code, is
32-2 amended to read as follows:
32-3 (b) At the request of the [The] Title IV-D agency, [shall
32-4 cause] the clerk of the court shall [to] issue a judicial [and to
32-5 deliver a] writ of withholding to the obligor's employer reflecting
32-6 any modification or changes in the amount to be withheld or the
32-7 termination of withholding.
32-8 SECTION 66. Section 158.402, Family Code, is amended to read
32-9 as follows:
32-10 Sec. 158.402. [EFFECT OF] AGREEMENT BY PARTIES REGARDING
32-11 AMOUNT OR DURATION OF WITHHOLDING. (a) An [If an] obligor and
32-12 obligee may agree on a reduction in or termination of income
32-13 withholding for child support on the occurrence of one of the
32-14 following contingenices stated in the order:
32-15 (1) the child becomes 18 years of age or is graduated
32-16 from high school, whichever is later;
32-17 (2) the child's disabilities of minority are removed
32-18 by marriage, court order, or other operation of law; or
32-19 (3) the child dies.
32-20 (b) The[, the] obligor and obligee may file a notarized or
32-21 acknowledged request with the clerk of the court under Section
32-22 158.011 for a revised judicial writ of withholding, including the
32-23 termination of withholding.
32-24 (c) The clerk shall issue and deliver to an employer of the
32-25 obligor a judicial writ of withholding [to the obligor's employer]
32-26 that reflects the agreed revision [modification] or [the]
32-27 termination of withholding.
32-28 (d) An agreement by the parties under this section does not
32-29 modify the terms of a support order.
32-30 SECTION 67. Chapter 158, Family Code, is amended by adding
33-1 Subchapter F to read as follows:
33-2 SUBCHAPTER F. ADMINISTRATIVE WRIT OF WITHHOLDING
33-3 IN TITLE IV-D CASES
33-4 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF
33-5 WITHHOLDING. The Title IV-D agency may initiate income withholding
33-6 by issuing an administrative writ of withholding for the
33-7 enforcement of an existing order as authorized by this subchapter.
33-8 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
33-9 ISSUED. An administrative writ of withholding under this
33-10 subchapter may be issued at any time until all current support,
33-11 including medical support, and child support arrearages have been
33-12 paid.
33-13 Sec. 158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER;
33-14 FILING WITH COURT. (a) An administrative writ of withholding
33-15 issued under this subchapter may be delivered to an employer by
33-16 mail or by electronic transmission.
33-17 (b) Not later than the third business day after the date of
33-18 delivery of the administrative writ of withholding to an employer,
33-19 the Title IV-D agency shall file a copy of the writ, together with
33-20 a certificate of service, in the court of continuing jurisdiction.
33-21 (c) The copy of the administrative writ of withholding filed
33-22 with the clerk of court must include:
33-23 (1) the name, address, and signature of the authorized
33-24 attorney or individual that issued the writ;
33-25 (2) the name and address of the employer served with
33-26 the writ; and
33-27 (3) a true copy of the information provided to the
33-28 employer.
33-29 Sec. 158.504. CONTENTS OF ADMINISTRATIVE WRIT OF
33-30 WITHHOLDING. (a) The administrative writ of withholding must be
34-1 in the form prescribed by the Title IV-D agency as required by this
34-2 chapter and in a standard format authorized by the United States
34-3 Department of Health and Human Services.
34-4 (b) An administrative writ of withholding issued under this
34-5 subchapter may contain only the information that is necessary for
34-6 the employer to comply with the existing withholding order,
34-7 including the amount of current support and medical support, the
34-8 amount of arrearages, accrued interest, and the amount of earnings
34-9 to be withheld.
34-10 Sec. 158.505. NOTICE TO OBLIGOR. (a) On issuance of an
34-11 administrative writ of withholding, the Title IV-D agency shall
34-12 send the obligor:
34-13 (1) notice that the withholding has commenced;
34-14 (2) notice of the procedures to follow if the obligor
34-15 desires to contest withholding on the grounds that the identity of
34-16 the obligor or the existence or amount of arrearages is incorrect;
34-17 and
34-18 (3) a copy of the administrative writ, including the
34-19 information concerning income withholding provided in the original
34-20 writ to the employer.
34-21 (b) The notice required under this section may be sent to
34-22 the obligor by:
34-23 (1) personal delivery by a person designated by the
34-24 Title IV-D agency;
34-25 (2) first-class mail or certified mail, return receipt
34-26 requested, addressed to the obligor's last known address; or
34-27 (3) service of citation as in civil cases generally.
34-28 (c) The copy of the administrative writ of withholding
34-29 delivered to the obligor shall include the information concerning
34-30 income withholding provided in the original writ to the employer.
35-1 Sec. 158.506. CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF
35-2 WITHHOLDING. (a) An obligor receiving the notice under Section
35-3 158.503 may request a review by the Title IV-D agency to resolve
35-4 any issue in dispute regarding the identity of the obligor or the
35-5 existence or amount of arrearages. The Title IV-D agency shall
35-6 provide an opportunity for a review, by telephonic conference or in
35-7 person, as may be appropriate under the circumstances.
35-8 (b) After a review under this section, the Title IV-D agency
35-9 may issue a new administrative writ of withholding to the employer,
35-10 including a writ modifying the amount to be withheld or terminating
35-11 withholding.
35-12 (c) If a review under this section fails to resolve any
35-13 issue in dispute, the obligor is entitled to the remedies provided
35-14 by Section 158.317 for cases in which a notice of an application
35-15 for judicial writ of withholding was not received. The obligor may
35-16 file a motion with the court to withdraw the administrative writ
35-17 and request a hearing with the court not later than the 30th day
35-18 after receiving notice of the agency's determination. Income
35-19 withholding may not be interrupted pending a hearing by the court.
35-20 Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
35-21 An administrative writ to terminate withholding may be issued and
35-22 delivered to an employer by the Title IV-D agency when all current
35-23 support, including medical support, and child support arrearages
35-24 have been paid.
35-25 Sec. 158.508. INTERSTATE REQUEST FOR INCOME WITHHOLDING. An
35-26 administrative writ of withholding may be issued in a Title IV-D
35-27 interstate case on registration of a foreign support order as
35-28 provided in Chapter 159.
35-29 SECTION 68. Section 231.002, Family Code, is amended by
35-30 amending Subsection (d) and adding Subsections (e) and (f) to read
36-1 as follows:
36-2 (d) The Title IV-D agency may take the following
36-3 administrative actions [any action] with respect to the location of
36-4 a parent, the determination of parentage, and the establishment,
36-5 modification, and enforcement of child support and medical support
36-6 orders required by 42 U.S.C. Section 666(c), without obtaining an
36-7 order from any other judicial or administrative tribunal:
36-8 (1) issue an administrative subpoena, as provided by
36-9 Section 231.303, to obtain financial or other information;
36-10 (2) order genetic testing for parentage determination,
36-11 as provided by Chapter 233;
36-12 (3) order income withholding, in the absence of an
36-13 existing order, as provided by Chapter 233, and issue an
36-14 administrative writ of withholding, as provided by Chapter 158; and
36-15 (4) take any action with respect to execution,
36-16 collection, and release of a judgment or lien for child support
36-17 necessary to satisfy the judgment or lien, as provided by Chapter
36-18 157.
36-19 (e) The Title IV-D agency shall recognize and enforce the
36-20 authority of the Title IV-D agency of another state to take actions
36-21 similar to the actions listed in Subsection (d).
36-22 (f) The Title IV-D agency shall develop and use procedures
36-23 for the administrative enforcement of interstate cases meeting the
36-24 requirements of 42 U.S.C. Section 666(a)(14) under which the
36-25 agency:
36-26 (1) shall respond within five business days to a
36-27 request made by another state for assistance in a Title IV-D case;
36-28 and
36-29 (2) may, by electronic or other means, transmit to
36-30 another state a request for assistance in a Title IV-D case.
37-1 SECTION 69. Section 231.101, Family Code, is amended by
37-2 amending Subsection (b) and adding Subsections (c) and (d) to read
37-3 as follows:
37-4 (b) At the request of either the obligee or obligor
37-5 [parent], the Title IV-D agency shall review a child support order
37-6 once every three years and, if appropriate, adjust the support
37-7 amount to meet the requirements of the child support guidelines
37-8 under Chapter 154.
37-9 (c) Except as notice is included in the child support order,
37-10 a party subject to a support order shall be provided notice not
37-11 less than once every three years of the party's right to request
37-12 that the Title IV-D agency review and, if appropriate, adjust the
37-13 amount of ordered support.
37-14 (d) The Title IV-D agency may review a support order at any
37-15 time on a showing of a material and substantial change in
37-16 circumstances, taking into consideration the best interests of the
37-17 child.
37-18 SECTION 70. Subsection (a), Section 231.104, Family Code, is
37-19 amended to read as follows:
37-20 (a) To the extent authorized by 42 U.S.C. Section 608, the
37-21 [The] approval of an application for or the receipt of financial
37-22 assistance as provided by Chapter 31, Human Resources Code,
37-23 constitutes an assignment to the Title IV-D agency of any rights to
37-24 support from any other person that the applicant or recipient may
37-25 have personally or for a child for whom the applicant or recipient
37-26 is claiming assistance, including the right to the amount accrued
37-27 at the time the application is filed or the assistance is received.
37-28 SECTION 71. Section 231.105, Family Code, is amended to read
37-29 as follows:
37-30 Sec. 231.105. NOTICE OF CHANGE OF PAYEE [ASSIGNMENT].
38-1 (a) Child support payments for the benefit of a child whose
38-2 support rights have been assigned to the Title IV-D agency shall be
38-3 made payable to and transmitted to the Title IV-D agency.
38-4 (b) If a court has ordered support payments to be made to an
38-5 applicant for or recipient of financial assistance or to a person
38-6 other than the applicant or recipient, the Title IV-D agency shall,
38-7 on providing notice to the obligee and the obligor, direct the
38-8 obligor or other payor to make support payments payable to the
38-9 Title IV-D agency and to transmit the payments to the agency. The
38-10 Title IV-D agency shall [may] file a copy of the notice [of the
38-11 assignment] with the court ordering the payments and with the child
38-12 support registry. The notice must include:
38-13 (1) a statement that the child is an applicant for or
38-14 recipient of financial assistance, or a child other than a
38-15 recipient child for whom services are provided;
38-16 (2) the name of the child and the caretaker for whom
38-17 support has been ordered by the court;
38-18 (3) the style and cause number of the case in which
38-19 support was ordered; and
38-20 (4) instructions for the payment of [a request that
38-21 the payments] ordered support [be made payable and transmitted] to
38-22 the agency.
38-23 (c) On receipt of a copy of the notice under Subsection (b)
38-24 [and without a requirement of a hearing], the clerk of the court
38-25 shall file the notice in the appropriate case file [order that the
38-26 payments be made to the Title IV-D agency].
38-27 SECTION 72. Section 231.106, Family Code, is amended to read
38-28 as follows:
38-29 Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) On
38-30 termination of support rights to the Title IV-D agency, the [The]
39-1 Title IV-D agency shall, after providing notice to the obligee and
39-2 the obligor, send [may file] a notice of termination of assignment
39-3 to the obligor or other payor, which may direct [include a request]
39-4 that all or a portion of the payments be made payable to the agency
39-5 and to other persons who are entitled to receive the payments.
39-6 (b) The Title IV-D agency shall send a copy of the notice of
39-7 termination of assignment to the court ordering the support and to
39-8 the child support registry, and on [On] receipt of the notice [of
39-9 termination of assignment] the clerk of the court shall file the
39-10 notice in the appropriate case file [order that the payments be
39-11 directed as stated in the notice].
39-12 SECTION 73. Section 231.107, Family Code, is amended to read
39-13 as follows:
39-14 Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
39-15 ASSIGNMENT. If an abstract of judgment or a child support lien on
39-16 support amounts assigned to the Title IV-D agency under this
39-17 chapter has previously been filed of record, the agency shall file
39-18 for recordation, with the county clerk of each county in which such
39-19 abstract or lien has been filed, a certificate that a notice of
39-20 change of payee [an order of assignment] or a notice of termination
39-21 of assignment has been issued by the agency.
39-22 SECTION 74. Section 231.108, Family Code, is amended by
39-23 adding Subsection (e) to read as follows:
39-24 (e) The Title IV-D agency may not release information on the
39-25 physical location of a person if:
39-26 (1) a protective order has been entered with respect
39-27 to the person; or
39-28 (2) there is reason to believe that the release of
39-29 information may result in physical or emotional harm to the person.
39-30 SECTION 75. Section 231.301, Family Code, is amended to read
40-1 as follows:
40-2 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. The
40-3 parent locator service conducted by the Title IV-D agency shall be
40-4 used to obtain information for child support enforcement purposes
40-5 regarding the identity, social security number, location
40-6 [whereabouts], employer and employment benefits, income, and assets
40-7 or debts [holdings] of any individual under an obligation to pay
40-8 child or medical support or to whom a support obligation is owed
40-9 [person when the information is to be used for the purposes of
40-10 locating the person and establishing or enforcing a support or
40-11 medical support obligation against the person].
40-12 SECTION 76. Section 231.302, Family Code, is amended by
40-13 amending Subsections (a), (b), (c), and (e) and adding Subsection
40-14 (g) to read as follows:
40-15 (a) The Title IV-D agency of this or another state may
40-16 [shall attempt to locate a person needed to establish or enforce a
40-17 support or medical support obligation and is entitled to] request
40-18 and obtain information relating to the identity, location,
40-19 employment, compensation, benefits, income, and property holdings
40-20 or other assets of any [the] person from a state or local
40-21 government agency, private company, institution, or other entity as
40-22 necessary to establish, modify, or enforce a support order
40-23 [implement this chapter].
40-24 (b) A [state] government agency, private company,
40-25 institution, or other entity shall provide the [furnishing]
40-26 information requested under Subsection (a) and shall provide the
40-27 information, subject to safeguards for privacy and information
40-28 security, in the most efficient and expeditious manner available,
40-29 including electronic or automated transfer and interface. An
40-30 individual or entity disclosing information under this section in
41-1 response to a request from a Title IV-D agency may not be held
41-2 liable in a civil action or proceeding for the disclosure of the
41-3 information.
41-4 (c) To assist in the administration of laws relating to
41-5 child support enforcement under Parts A and D of Title IV of the
41-6 federal Social Security Act (42 U.S.C. Sections 601 et seq.
41-7 [601-617] and 651 et seq. [651-669]):
41-8 (1) each licensing authority responsible for issuing a
41-9 professional license, a commercial driver's license, or an
41-10 occupational license shall require that the social security number
41-11 of an applicant [request and each applicant] for a license be
41-12 recorded on the application [shall provide the applicant's social
41-13 security number];
41-14 (2) each agency administering a contract that provides
41-15 for a payment of state funds shall request and each individual or
41-16 entity bidding on a state contract shall provide the individual's
41-17 or entity's social security number as required by Section 231.006[,
41-18 Family Code]; and
41-19 (3) each agency administering a state-funded grant or
41-20 loan program shall request and each applicant for a grant or loan
41-21 shall provide the applicant's social security number as required by
41-22 Section 231.006[, Family Code].
41-23 (e) Except as provided by Subsection (d), a social security
41-24 number provided under this section is confidential and may be
41-25 disclosed only for the purposes of responding to a request for
41-26 information from an agency operating under the provisions of Part
41-27 [Parts] A or [and] D of Title IV of the federal Social Security Act
41-28 (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.
41-29 [651-669]).
41-30 (g) In this section, "licensing authority" has the meaning
42-1 assigned by Section 232.001.
42-2 SECTION 77. Section 231.303, Family Code, is amended to read
42-3 as follows:
42-4 Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The
42-5 Title IV-D agency of this state or another state may issue an
42-6 administrative subpoena to any individual or private or public
42-7 entity in this state [organization] to furnish information
42-8 necessary to carry out the purposes [provisions] of child support
42-9 enforcement under 42 U.S.C Section 651 et seq. or this chapter.
42-10 (b) An individual or entity [organization] receiving an
42-11 administrative [a] subpoena under this section shall comply with
42-12 the subpoena. The Title IV-D agency may impose a fine in an amount
42-13 not to exceed $500 on an individual or entity that fails without
42-14 good cause to comply with an administrative subpoena. An alleged
42-15 or presumed father or a parent who fails to comply with a subpoena
42-16 without good cause may also be subject to license suspension under
42-17 Chapter 232.
42-18 (c) A court may compel compliance with an administrative
42-19 subpoena and with any administrative fine for failure to comply
42-20 with the subpoena and may award attorney's fees and costs to the
42-21 Title IV-D agency in enforcing an administrative subpoena on proof
42-22 that an individual or organization failed without good cause to
42-23 comply with the subpoena.
42-24 (d) An individual or organization may not be liable in a
42-25 civil action or proceeding for disclosing financial or other
42-26 information to a Title IV-D agency under this section. The Title
42-27 IV-D agency may disclose information in a financial record obtained
42-28 from a financial institution only to the extent necessary to
42-29 establish, modify, or enforce a child support obligation.
42-30 SECTION 78. Subchapter D, Chapter 231, Family Code, is
43-1 amended by adding Section 231.307 to read as follows:
43-2 Sec. 231.307. FINANCIAL INSTITUTION DATA MATCHES. (a) The
43-3 Title IV-D agency shall develop a system meeting the requirements
43-4 of 42 U.S.C. Section 666(a)(17) for the quarterly exchange of data
43-5 with financial institutions doing business in the state to identify
43-6 an account of an obligor owing past-due child support and enforce
43-7 support obligations against the obligor.
43-8 (b) The Title IV-D agency by rule shall establish procedures
43-9 for data matches authorized under this section.
43-10 (c) A financial institution providing information or
43-11 responding to a notice of child support lien provided under
43-12 Subchapter G, Chapter 157, or otherwise acting in good faith to
43-13 comply with the Title IV-D agency's procedures under this section
43-14 may not be liable under any federal or state law for any damages
43-15 that arise from those acts.
43-16 (d) In this section:
43-17 (1) "Financial institution" has the meaning assigned
43-18 by 42 U.S.C. Section 669A(d)(1); and
43-19 (2) "Account" means a demand deposit account, checking
43-20 or negotiable withdrawal order account, savings account, time
43-21 deposit account, or money market mutual fund account.
43-22 SECTION 79. Subchapter E, Chapter 231, Family Code, is
43-23 redesignated as Chapter 233, Family Code, and amended to read as
43-24 follows:
43-25 CHAPTER 233 [SUBCHAPTER E]. CHILD SUPPORT REVIEW PROCESS
43-26 TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS
43-27 Sec. 233.001 [231.401]. PURPOSE. (a) The purpose of the
43-28 procedures specified in the child support review process authorized
43-29 by this chapter [subchapter] is to enable the Title IV-D agency
43-30 [provide child support agencies an opportunity] to take expedited
44-1 administrative [resolve routine child support] actions to
44-2 establish, modify, and enforce child support and medical support
44-3 obligations, to determine parentage, or to take any other action
44-4 authorized or required under Part D, Title IV, of the federal
44-5 Social Security Act (42 U.S.C. Section 651 et seq.), and Chapter
44-6 231 [through agreement of the parties or uncontested orders].
44-7 (b) A child support review order issued under this chapter
44-8 and confirmed by a court constitutes an order of the court and is
44-9 enforceable by any means available for the enforcement of child
44-10 support obligations under this code, including withholding income,
44-11 filing a child support lien, and suspending a license under Chapter
44-12 232.
44-13 Sec. 233.002 [231.402]. AGREEMENTS ENCOURAGED. To the
44-14 extent permitted by this chapter [subchapter], the Title IV-D
44-15 agency [child support agencies] shall [make the child support
44-16 review process understandable to all parties and shall] encourage
44-17 agreement of the parties [agreements].
44-18 Sec. 233.003 [231.403]. BILINGUAL FORMS REQUIRED. A notice
44-19 or other form used to implement administrative procedures under
44-20 this chapter [the child support review process] shall be printed in
44-21 both Spanish and English.
44-22 Sec. 233.004 [231.404]. INTERPRETER REQUIRED. If a party
44-23 participating in an administrative proceeding under this chapter [a
44-24 negotiation conference] does not speak English or is hearing
44-25 impaired, the Title IV-D [child support] agency shall provide for
44-26 interpreter services at no charge to the party [parties].
44-27 Sec. 233.005 [231.405]. INITIATING Administrative Actions
44-28 [CHILD SUPPORT REVIEW]. An administrative action under this
44-29 chapter [subchapter] may be initiated by issuing a notice of child
44-30 support review under Section 233.006 or a notice of proposed child
45-1 support review order under Section 233.009 to each party entitled
45-2 to notice.
45-3 Sec. 233.006 [231.406]. CONTENTS OF NOTICE OF CHILD SUPPORT
45-4 REVIEW. (a) The notice of child support review issued by the
45-5 Title IV-D agency must:
45-6 (1) describe the procedure for a child support review,
45-7 including the procedures for requesting a negotiation conference;
45-8 (2) inform the recipient that the recipient may be
45-9 represented by legal counsel during the review process or at a
45-10 court hearing;
45-11 (3) inform the recipient that the recipient may refuse
45-12 to participate or cease participation in the child support review
45-13 process, but that the refusal by the recipient to participate will
45-14 not prevent the completion of the process or the filing of a child
45-15 support review order;
45-16 (4) include an affidavit of financial resources to be
45-17 executed by the recipient; and
45-18 (5) include a request that the recipient designate, on
45-19 a form provided by the Title IV-D [child support] agency, an
45-20 address for mailing any subsequent [additional] notice to the
45-21 recipient.
45-22 (b) In addition to the information required by Subsection
45-23 (a), the notice of child support review must inform the recipient
45-24 that:
45-25 (1) the information requested on the form must be
45-26 returned to the Title IV-D [child support] agency not later than
45-27 the 15th day after the date the notice is received or delivered;
45-28 and
45-29 (2) if the requested information is not returned as
45-30 required, the [child support] agency may:
46-1 (A) [may] proceed with the review using the
46-2 information that is available to the agency; and
46-3 (B) [may] file a legal action without further
46-4 notice to the recipient, except as otherwise required by law.
46-5 Sec. 233.007 [231.407]. Service of NOTICE [BY MAIL]. (a) A
46-6 notice required in an administrative action under this chapter may
46-7 [subchapter must] be delivered by personal service or [served by]
46-8 first class mail [or certified mail] on each party entitled to
46-9 citation or notice as provided by Chapter 102.
46-10 (b) This section does not apply to notice required on filing
46-11 of a child support review order or to later judicial actions.
46-12 Sec. 233.008 [231.408]. ADMINISTRATIVE SUBPOENA IN CHILD
46-13 SUPPORT REVIEW. [(a)] In a child support review under this
46-14 chapter [subchapter], the Title IV-D [a child support] agency may
46-15 issue an administrative subpoena authorized under Chapter 231 to
46-16 any individual or organization believed to have financial or other
46-17 information needed to establish, modify, or enforce a support order
46-18 [on the financial resources of the parent or presumed or alleged
46-19 father].
46-20 [(b) A court may compel compliance with an administrative
46-21 subpoena and award attorney's fees and costs to a child support
46-22 agency enforcing an administrative subpoena on proof that an
46-23 individual or organization failed to comply with the subpoena
46-24 without good cause.]
46-25 Sec. 233.009 [231.409]. Notice of Proposed Child Support
46-26 Review Order; [SCHEDULING] NEGOTIATION CONFERENCE. (a) After an
46-27 investigation and assessment of financial resources, the Title IV-D
46-28 agency may serve on the parties a notice of proposed child support
46-29 review order in enforcing or modifying an existing order.
46-30 (b) The notice of proposed child support review order shall
47-1 state:
47-2 (1) the amount of periodic payment of child support
47-3 due, the amount of any overdue support that is owed as an arrearage
47-4 as of the date of the notice, and the amounts that are to be paid
47-5 by the obligor for current support due and in payment on the
47-6 arrearage owed;
47-7 (2) that the person identified in the notice as the
47-8 party responsible for payment of the support amounts may contest
47-9 the notice order on the grounds that:
47-10 (A) the respondent is not the responsible party;
47-11 (B) the dependent child is no longer entitled to
47-12 child support; or
47-13 (C) the amount of monthly support or arrearage
47-14 is incorrectly stated; and
47-15 (3) that, if the person identified in the notice as
47-16 the party responsible for payment of the support amounts does not
47-17 contest the notice in writing or request a negotiation conference
47-18 to discuss the notice not later than the 15th day after the date
47-19 the notice was delivered, the Title IV-D agency may file a child
47-20 support review order for child support and for medical support for
47-21 the child as provided by Chapter 154 according to the information
47-22 available to the agency.
47-23 (c) The Title IV-D [child support] agency may schedule a
47-24 negotiation conference without a request from a party.
47-25 (d) [(b)] The Title IV-D [child support] agency shall
47-26 schedule a negotiation conference on the timely request of a party.
47-27 (e) [(c)] The agency may conduct a [A] negotiation
47-28 conference, or any part of a negotiation conference, [may be
47-29 conducted] by telephone conference call, by video conference, as
47-30 well as in person and may adjourn the[. The negotiation]
48-1 conference [may be adjourned] for a reasonable time to permit
48-2 mediation of issues that cannot be resolved by the parties and the
48-3 [child support] agency.
48-4 Sec. 233.010 [231.410]. NOTICE OF [TIME FOR] NEGOTIATION
48-5 CONFERENCE; FAILURE TO ATTEND CONFERENCE [NOTICE REQUIRED].
48-6 (a) The Title IV-D agency shall notify all [All] parties entitled
48-7 to notice of the negotiation conference [shall be notified] of the
48-8 date, time, and place of the [negotiation] conference not later
48-9 than the 10th day before the date of the [negotiation] conference.
48-10 (b) If a party fails to attend the scheduled conference, the
48-11 agency may proceed with the review and file a child support review
48-12 order according to the information available to the agency.
48-13 Sec. 233.011 [231.411]. RESCHEDULING NEGOTIATION CONFERENCE;
48-14 NOTICE REQUIRED. (a) The Title IV-D agency may reschedule or
48-15 adjourn a [A] negotiation conference [may be rescheduled or
48-16 adjourned] on the request of any party [at the discretion of the
48-17 child support review officer].
48-18 (b) The Title IV-D agency shall give all [All] parties
48-19 [must be given] notice of a rescheduled conference [the
48-20 rescheduling] not later than the third day before the date of the
48-21 rescheduled [negotiation] conference.
48-22 Sec. 233.012 [231.412]. INFORMATION REQUIRED TO BE PROVIDED
48-23 AT NEGOTIATION CONFERENCE. At the beginning of the negotiation
48-24 conference, the child support review officer shall review with the
48-25 parties participating in the conference information provided in the
48-26 notice of child support review and inform the parties that:
48-27 (1) the purpose of the negotiation conference is to
48-28 provide an opportunity to reach an agreement on a child support
48-29 order;
48-30 (2) if the parties reach an agreement, the review
49-1 officer will prepare an agreed review order to be effective
49-2 immediately on being confirmed by the court, as provided by Section
49-3 233.024;
49-4 (3) a party does not have to sign a review order
49-5 prepared by the child support review officer but that the Title
49-6 IV-D agency may file a review order without the agreement of the
49-7 parties; [and]
49-8 (4) the parties may sign a waiver of the right to
49-9 service of process;
49-10 (5) a party may request a court hearing on a nonagreed
49-11 order at any time before the 20th day after the date a petition for
49-12 confirmation of the order is filed; and
49-13 (6) a party may file a motion for a new trial at any
49-14 time before the 30th day after an order is confirmed by the court.
49-15 Sec. 233.013 [231.413]. DETERMINING SUPPORT AMOUNT;
49-16 MODIFICATION. (a) The Title IV-D [A child support] agency may use
49-17 any information obtained by the agency from the parties or any
49-18 other source and shall apply the child support guidelines provided
49-19 by this code to determine the appropriate amount of child support.
49-20 (b) If it has been three years since a child support order
49-21 was rendered or last modified and the amount of the child support
49-22 award under the order differs by either 20 percent or $100 from the
49-23 amount that would be awarded under the child support guidelines,
49-24 the Title IV-D [child support] agency [determines that the support
49-25 amount in an existing child support order is not in substantial
49-26 compliance with the guidelines, the child support agency] shall
49-27 file [issue] an appropriate child support review order, including
49-28 an [a review] order that has the effect of modifying an existing
49-29 court or administrative order for child support without the
49-30 necessity of filing a motion to modify.
50-1 Sec. 233.014 [231.414]. RECORD of Proceedings [NOT
50-2 REQUIRED]. (a) For the purposes of this chapter [subchapter],
50-3 documentary evidence relied on by the child support review officer,
50-4 including an affidavit of a party, together with the child support
50-5 review order is a sufficient record of the proceedings.
50-6 (b) The Title IV-D [A child support] agency is not required
50-7 to make any other record or transcript of the negotiation
50-8 conference.
50-9 Sec. 233.015 [231.415]. ISSUANCE OF CHILD SUPPORT REVIEW
50-10 ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If a
50-11 [the] negotiation conference does not result in agreement by all
50-12 parties to the child support review order, the Title IV-D agency
50-13 [review officer] shall render [promptly issue and sign] a final
50-14 decision in the form of a child support review order or a
50-15 determination that the agency should not issue a child support
50-16 review order [should not be issued,] not later than the fifth day
50-17 after the date of the negotiation conference.
50-18 (b) If the Title IV-D agency determines [a determination is
50-19 made] that the agency should not issue a child support order [will
50-20 not be issued], the agency shall immediately provide each party
50-21 with notice of the determination [each party to a child support
50-22 review proceeding shall be furnished immediately] by personal
50-23 [hand] delivery or by first class mail [notice of the
50-24 determination].
50-25 (c) A determination that a child support order should not be
50-26 issued must include a statement of the reasons that an order is not
50-27 being issued and a statement that the agency's determination does
50-28 not affect the right of the Title IV-D agency or a party to request
50-29 any other remedy provided by law.
50-30 Sec. 233.016 [231.416]. VACATING CHILD SUPPORT REVIEW ORDER.
51-1 (a) The Title IV-D agency [review officer] may vacate a child
51-2 support review order [on the officer's own motion] at any time
51-3 before the order is filed with the court.
51-4 (b) A new negotiation conference, with notice to all
51-5 parties, may be scheduled or the Title IV-D agency [officer] may
51-6 make a determination that a child support review order should not
51-7 be issued and give notice of that determination as provided by this
51-8 chapter [subchapter].
51-9 Sec. 233.017 [231.417]. CONTENTS OF CHILD SUPPORT REVIEW
51-10 ORDER. (a) An [agreed child support review] order issued under
51-11 this chapter must be reviewed and signed by an attorney of the
51-12 Title IV-D agency and must contain all provisions that are
51-13 appropriate for an order under this title, including current child
51-14 support, medical support, a determination of any arrearages or
51-15 retroactive support, and, if not otherwise ordered, income
51-16 withholding.
51-17 (b) [A child support review order that is not agreed to must
51-18 include child support and medical support provisions, including a
51-19 determination of arrearages or retroactive support.]
51-20 [(c)] A child support review order providing for the
51-21 enforcement of an order may not contain a provision that imposes
51-22 incarceration or a fine or contains a finding of contempt.
51-23 (c) [(d)] A child support review order that establishes or
51-24 modifies an amount of previously ordered support must include the
51-25 findings required by Section 154.130.
51-26 (d) [(e)] A child support review order that is not agreed to
51-27 by all the parties may specify and reserve for the court at the
51-28 confirmation hearing unresolved issues relating to conservatorship
51-29 or possession of a child.
51-30 Sec. 233.018 [231.418]. ADDITIONAL CONTENTS OF AGREED CHILD
52-1 SUPPORT REVIEW ORDER. If a negotiation conference results in an
52-2 agreement of the parties, each party must sign the child support
52-3 review order and the order [must be signed by each party who agrees
52-4 to the order,] must contain [the provisions required by Section
52-5 231.417, and,] as to each party [in agreement with the order, must
52-6 contain]:
52-7 (1) a waiver by the party of the right to service of
52-8 process and a court hearing and the making of a record on the
52-9 petition for confirmation;
52-10 (2) the mailing address of the party; and
52-11 (3) the following statement printed on the order in
52-12 boldface or in all capital letters:
52-13 "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW
52-14 ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE
52-15 CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. [I KNOW THAT
52-16 I HAVE A RIGHT TO BE PERSONALLY SERVED WITH THE PETITION FOR
52-17 CONFIRMATION OF THIS ORDER.] I KNOW THAT I HAVE A RIGHT TO [CHANGE
52-18 MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS ORDER AND]
52-19 REQUEST THAT A COURT RECONSIDER THE ORDER [DECIDE THIS MATTER] BY
52-20 FILING A MOTION FOR A NEW TRIAL [REQUEST FOR COURT HEARING] AT ANY
52-21 TIME BEFORE THE 30TH [20TH] DAY AFTER THE DATE OF THE [PETITION
52-22 FOR] CONFIRMATION OF THE ORDER BY [IS FILED WITH THE CLERK OF] THE
52-23 COURT. [I KNOW THAT IF I FAIL TO FILE A REQUEST FOR A COURT
52-24 HEARING A COURT MAY CONFIRM AND APPROVE THIS ORDER WITHOUT A
52-25 HEARING, AND THE ORDER WILL BECOME A VALID COURT ORDER.] I KNOW
52-26 THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN
52-27 CONTEMPT OF COURT."
52-28 Sec. 233.019 [231.419]. FILING OF AGREED REVIEW ORDER
52-29 [PETITION FOR CONFIRMATION]. (a) The Title IV-D [child support]
52-30 agency shall file an agreed child support review order and a waiver
53-1 of service signed by the parties [a petition for confirmation] with
53-2 the clerk of the court having continuing jurisdiction of the child
53-3 who is the subject of the order.
53-4 (b) If there is not a court of continuing jurisdiction, the
53-5 Title IV-D [child support] agency shall file the agreed review
53-6 order [petition for confirmation] with the clerk of a court having
53-7 jurisdiction under this title.
53-8 (c) If applicable, a statement of paternity or a written
53-9 report of a parentage testing expert and any documentary evidence
53-10 relied upon by the agency shall be filed with the agreed review
53-11 order as an exhibit to the order.
53-12 Sec. 233.020 [231.420]. CONTENTS OF PETITION FOR
53-13 CONFIRMATION OF NONAGREED ORDER[; DOCUMENTARY EVIDENCE TO BE FILED
53-14 WITH PETITION]. (a) A petition for confirmation of a child
53-15 support review order not agreed to by the parties must [shall]
53-16 include the final [child support] review order as an attachment to
53-17 the petition.
53-18 (b) Documentary evidence relied on by the Title IV-D [child
53-19 support] agency, including, if applicable, a statement of paternity
53-20 or a written report of a parentage testing expert, shall be filed
53-21 with the clerk as exhibits to the petition, but are not required to
53-22 be served on the parties. The petition must identify the exhibits
53-23 that are filed with the clerk.
53-24 Sec. 233.021 [231.421]. DUTIES OF CLERK OF COURT. (a) On
53-25 the filing of an agreed child support review order or of a petition
53-26 for confirmation of a nonagreed order issued by the Title IV-D
53-27 agency, the clerk of court shall endorse on the order or petition
53-28 the date and time the order or [that the] petition is filed.
53-29 (b) In [If the petition is for] an original action, the
53-30 clerk shall endorse the appropriate court and cause number on the
54-1 agreed review order or on the petition for confirmation of a
54-2 nonagreed order.
54-3 (c) [If the petition is to confirm an agreed child support
54-4 review order under this subchapter, the child support agency shall
54-5 mail to each party that agreed to the order, at the address shown
54-6 on the order, a copy of the petition with the court, filing date,
54-7 and cause number of the case. The clerk shall note on the docket
54-8 that the notice was mailed. The child support agency shall file a
54-9 certificate of service showing the date of the mailing to each
54-10 party.]
54-11 [(d)] The clerk shall deliver by personal service [issue
54-12 service of citation, including] a copy of the petition for
54-13 confirmation of a nonagreed review order and a copy of the [child
54-14 support review] order, to each party entitled to service who has
54-15 not waived service.
54-16 (d) [(e)] A clerk of a district court is entitled to collect
54-17 in a child support review case the fees authorized in a Title IV-D
54-18 case by Chapter 231 [this chapter].
54-19 Sec. 233.022 [231.422]. FORM TO REQUEST A COURT HEARING ON
54-20 NONAGREED ORDER. (a) A court shall consider any responsive
54-21 pleading that is intended as an objection to confirmation of a
54-22 child support review order not agreed to by the parties, including
54-23 a general denial, as a request for a court hearing.
54-24 (b) The Title IV-D [child support] agency shall:
54-25 (1) make available to each clerk of court copies of
54-26 the form to request a court hearing on a nonagreed review order;
54-27 and
54-28 (2) provide the form to request a court hearing to a
54-29 party to the child support review proceeding on request of the
54-30 party.
55-1 (c) The clerk shall furnish the form to a party to the child
55-2 support review [a] proceeding [under this subchapter] on the
55-3 request of the party.
55-4 Sec. 233.023 [231.423]. TIME TO REQUEST A COURT HEARING. A
55-5 party may file a request for a court hearing not later than the
55-6 20th day after the date the petition for confirmation of a
55-7 nonagreed child support review order is delivered to the party
55-8 [served or mailed as provided by this subchapter].
55-9 Sec. 233.024 [231.424]. CONFIRMATION OF AGREED ORDER
55-10 [WITHOUT HEARING]. (a) If the court finds that all parties have
55-11 appropriately agreed to a child support review order and that there
55-12 is waiver of service, the court shall sign the order not later than
55-13 the third day after the filing of the order.
55-14 (b) On confirmation by the court, the Title IV-D agency
55-15 shall immediately deliver to each party a copy of the signed agreed
55-16 review order. [Not later than the 30th day after the date a
55-17 petition for confirmation that includes waivers by all parties is
55-18 filed or after the date of service is made on the last party
55-19 required to be served for a petition for confirmation that does not
55-20 include waivers, whichever is later, the court shall confirm the
55-21 child support review order by signing an order of confirmation
55-22 unless a party has filed a timely request for hearing or the court
55-23 has scheduled a hearing.]
55-24 Sec. 233.025 [231.425]. EFFECT OF REQUEST FOR HEARING ON
55-25 NONAGREED ORDER; PLEADING. (a) A request for hearing or an order
55-26 setting a hearing on confirmation of a nonagreed child support
55-27 review order stays confirmation of the order pending the hearing.
55-28 (b) At a hearing on confirmation, any [all] issues in
55-29 dispute [the child support review order] shall be heard in a trial
55-30 de novo.
56-1 (c) The petition for confirmation and the child support
56-2 review order constitute a sufficient pleading by the Title IV-D
56-3 [child support] agency for relief on any issue addressed in the
56-4 petition and order.
56-5 (d) The request for hearing may limit the scope of the de
56-6 novo hearing by specifying the issues that are in dispute.
56-7 Sec. 233.026 [231.426]. TIME FOR COURT HEARING. A court
56-8 shall hold a hearing on the confirmation of a child support review
56-9 order that has not been agreed to by the parties not later than the
56-10 30th day after the date the last party to be served files a timely
56-11 request for a court hearing.
56-12 Sec. 233.027 [231.427]. ORDER AFTER HEARING; EFFECT OF
56-13 CONFIRMATION ORDER. (a) After the hearing on the confirmation of
56-14 a nonagreed child support review order, the court shall:
56-15 (1) if the court finds that the order should be
56-16 confirmed, immediately sign a confirmation order and enter the
56-17 order as an order of the court;
56-18 (2) if the court finds that the relief granted in the
56-19 child support review order is inappropriate, sign an appropriate
56-20 order at the conclusion of the hearing or as soon after the
56-21 conclusion of the hearing as is practical and enter the order as an
56-22 order of the court; or
56-23 (3) if the court finds that all relief should be
56-24 denied, enter an order that denies relief and includes specific
56-25 findings explaining the reasons that relief is denied.
56-26 (b) On the signing of a confirmation order by the judge of
56-27 the court, the child support review order becomes a final order of
56-28 the court.
56-29 Sec. 233.0271. CONFIRMATION OF NONAGREED ORDER WITHOUT
56-30 HEARING. (a) If a request for hearing has not been timely
57-1 received, the court shall confirm and sign a nonagreed child
57-2 support review order not later than the 30th day after the date the
57-3 petition for confirmation was delivered to the last party entitled
57-4 to service.
57-5 (b) The Title IV-D agency shall immediately deliver a copy
57-6 of the confirmed nonagreed review order to each party, together
57-7 with notice of right to file a motion for a new trial not later
57-8 than the 30th day after the date the order was confirmed by the
57-9 court.
57-10 Sec. 233.028 [231.428]. SPECIAL CHILD SUPPORT REVIEW
57-11 PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE. (a) If the
57-12 parentage of a child has not been established, the notice of child
57-13 support review delivered to [served on] the parties must include an
57-14 allegation that the recipient is a biological parent of the child.
57-15 The notice shall inform the parties that:
57-16 (1) not later than the 15th day after the date of
57-17 delivery of the notice, the alleged parent [father] of the child
57-18 shall either [may] sign a statement of paternity or an
57-19 acknowledgment of maternity or deny in writing that the alleged
57-20 parent is the biological parent of the child;
57-21 (2) either [and that any] party may request that
57-22 scientifically accepted parentage testing be conducted to assist in
57-23 determining the identities of the child's parents;
57-24 (3) if the alleged parent timely denies parentage of
57-25 the child, the Title IV-D agency shall order parentage testing; and
57-26 (4) if the alleged parent does not deny parentage of
57-27 the child, the Title IV-D agency may conduct a negotiation
57-28 conference.
57-29 (b) If all parties agree [A negotiation conference shall be
57-30 conducted to resolve any issues of support in an action in which
58-1 all parties agree as] to the child's parentage, the agency may file
58-2 an agreed child support review order as provided by this chapter.
58-3 (c) If a party denies parentage, the Title IV-D [child
58-4 support] agency shall order [may schedule] parentage testing and
58-5 give each party notice of the time and place of testing. If either
58-6 party fails or refuses to participate in administrative parentage
58-7 testing, the Title IV-D [child support] agency may file a child
58-8 support review order resolving the question of parentage against
58-9 that party [with a request for court-ordered parentage testing.
58-10 The court shall follow the procedures and may impose the sanctions
58-11 provided by this code to obtain compliance with the parentage
58-12 testing order]. The court shall confirm the child support review
58-13 order as a temporary or final order of the court only after an
58-14 opportunity for parentage testing has been provided.
58-15 (d) If parentage testing does not exclude the alleged parent
58-16 and the results of a verified written report of a parentage testing
58-17 expert meet the requirements of Chapter 160 for issuing a temporary
58-18 order, the Title IV-D [child support] agency may conduct a
58-19 negotiation conference to resolve any issues of support and file
58-20 with the court [issue] a child support review order.
58-21 (e) If the results of parentage testing exclude an alleged
58-22 parent from being the biological parent of the child, the Title
58-23 IV-D [child support] agency shall issue and provide to each party a
58-24 child support review order that declares that the excluded person
58-25 is not a parent of the child.
58-26 (f) Any party may file a petition for confirmation of a
58-27 child support review order issued under this section.
58-28 Sec. 233.029 [231.429]. ADMINISTRATIVE PROCEDURE LAW NOT
58-29 APPLICABLE. The child support review process under this chapter is
58-30 not governed by [the administrative procedure law,] Chapter 2001,
59-1 Government Code.
59-2 SECTION 80. The title of Chapter 232, Family Code, is
59-3 amended to read as follows:
59-4 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE TO PAY
59-5 CHILD SUPPORT OR COMPLY WITH SUBPOENA
59-6 SECTION 81. Section 232.001, Family Code, is amended by
59-7 adding Subdivision (4) to read as follows:
59-8 (4) "Subpoena" means a subpoena issued in a parentage
59-9 determination or child support proceeding under this title.
59-10 SECTION 82. Section 232.003, Family Code, as added by
59-11 Chapter 751, Acts of the 74th Legislature, 1995, is amended to read
59-12 as follows:
59-13 Sec. 232.003. Suspension of License. (a) A court or the
59-14 Title IV-D agency may issue an order suspending a license as
59-15 provided by this chapter if an individual who is an obligor:
59-16 (1) has a child support [an] arrearage equal to or
59-17 greater than the total support due for 90 days under a support
59-18 order;
59-19 (2) has been provided an opportunity to make payments
59-20 toward the child support arrearage under an agreed or court-ordered
59-21 repayment schedule; and
59-22 (3) has failed to comply with the repayment schedule.
59-23 (b) A court or the Title IV-D agency may issue an order
59-24 suspending license as provided by this chapter if an individual has
59-25 failed, after receiving appropriate notice, to comply with a
59-26 subpoena.
59-27 SECTION 83. Subsection (d), Section 232.004, Family Code, is
59-28 amended to read as follows:
59-29 (d) A proceeding in a case filed with the Title IV-D agency
59-30 under this chapter is governed by the contested case provisions of
60-1 Chapter 2001, Government Code, except that Section 2001.054 does
60-2 not apply to the proceeding. The director of the Title IV-D agency
60-3 or the director's designee may render [is responsible for
60-4 rendering] a final decision in a [the] contested case proceeding
60-5 under this chapter.
60-6 SECTION 84. Section 232.005, Family Code, is amended to read
60-7 as follows:
60-8 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
60-9 this chapter must state that license suspension is required under
60-10 Section 232.003 and allege:
60-11 (1) the name and, if known, social security number of
60-12 the individual [obligor];
60-13 (2) the type, and if known, number of any license the
60-14 individual [obligor] is believed to hold and the name of the
60-15 licensing authority that issued the license; and
60-16 (3) the amount of arrearages owed under the child
60-17 support order or the facts associated with the individual's failure
60-18 to comply with a subpoena[, the amount of support paid, and the
60-19 amount of arrearages].
60-20 (b) A petition under this chapter may include as an
60-21 attachment a copy of:
60-22 (1) the record of child support payments maintained by
60-23 the Title IV-D registry or local registry; or
60-24 (2) the subpoena with which the individual has failed
60-25 to comply, together with proof of service of the subpoena.
60-26 SECTION 85. Subsections (a) and (c), Section 232.006, Family
60-27 Code, are amended to read as follows:
60-28 (a) On the filing of a petition under Section 232.004, the
60-29 court or the Title IV-D agency shall deliver [issue] to the
60-30 individual [obligor]:
61-1 (1) notice of the individual's [obligor's] right to a
61-2 hearing before the court or agency;
61-3 (2) notice of the deadline for requesting a hearing;
61-4 and
61-5 (3) a hearing request form if the proceeding is in a
61-6 Title IV-D case.
61-7 (c) The notice must contain the following statement in
61-8 bold-faced type or capital letters:
61-9 "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
61-10 BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS
61-11 ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE
61-12 THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF
61-13 LICENSE SUSPENSION MAY BE RENDERED." [state that an order
61-14 suspending license shall be rendered on the 60th day after the date
61-15 of service of the notice unless by that date:]
61-16 [(1) the court or Title IV-D agency receives proof
61-17 that all arrearages and the current month's child support
61-18 obligation have been paid;]
61-19 [(2) the child support agency or obligee files a
61-20 certification that the obligor is in compliance with a reasonable
61-21 repayment schedule; or]
61-22 [(3) the obligor appears at a hearing before the court
61-23 or Title IV-D agency and shows that the request for suspension
61-24 should be denied or stayed.]
61-25 SECTION 86. Section 232.007, Family Code, is amended by
61-26 amending Subsections (a) and (c) and adding Subsection (d) to read
61-27 as follows:
61-28 (a) A request for a hearing and motion to stay suspension
61-29 must be filed with the court or Title IV-D agency by the individual
61-30 [obligor] not later than the 20th day after the date of service of
62-1 the notice under Section 232.006.
62-2 (c) In a case involving support arrearages, a [A] record of
62-3 child support payments made by the Title IV-D agency or a local
62-4 registry is evidence of whether the payments were made. A copy of
62-5 the record appearing regular on its face shall be admitted as
62-6 evidence at a hearing under this chapter, including a hearing on a
62-7 motion to revoke a stay. Either party may offer controverting
62-8 evidence.
62-9 (d) In a case in which an individual has failed to comply
62-10 with a subpoena, proof of service is evidence of delivery of the
62-11 subpoena.
62-12 SECTION 87. Section 232.008, Family Code, is amended to read
62-13 as follows:
62-14 Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY
62-15 CHILD SUPPORT. (a) On making the findings required by Section
62-16 232.003, the court or Title IV-D agency shall render an order
62-17 suspending the license unless the individual:
62-18 (1) [obligor] proves that all arrearages and the
62-19 current month's support have been paid; or
62-20 (2) shows good cause for failure to comply with the
62-21 subpoena.
62-22 (b) The court or Title IV-D agency may stay an order
62-23 suspending a license conditioned on the individual's [obligor's]
62-24 compliance with:
62-25 (1) a reasonable repayment schedule that is
62-26 incorporated in the order; or
62-27 (2) the requirements of a reissued and delivered
62-28 subpoena.
62-29 (c) An order suspending a license with a stay of the
62-30 suspension may not be served on the licensing authority unless the
63-1 stay is revoked as provided by this chapter.
63-2 (d) [(c)] A final order suspending license rendered by a
63-3 court or the Title IV-D agency shall be forwarded to the
63-4 appropriate licensing authority.
63-5 (e) [(d)] If the court or Title IV-D agency renders an order
63-6 suspending license, the individual [obligor] may also be ordered
63-7 not to engage in the licensed activity.
63-8 (f) [(e)] If the court or Title IV-D agency finds that the
63-9 petition for suspension should be denied, the petition shall be
63-10 dismissed without prejudice, and an order suspending license may
63-11 not be rendered.
63-12 SECTION 88. Section 232.009, Family Code, is amended to read
63-13 as follows:
63-14 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
63-15 shall consider the allegations of the petition for suspension to be
63-16 admitted and shall render an order suspending license if the
63-17 individual [obligor] fails to:
63-18 (1) respond to a notice issued under Section 232.006;
63-19 (2) request a hearing; or
63-20 (3) appear at a hearing.
63-21 SECTION 89. Subsections (a), (d), and (e), Section 232.011,
63-22 Family Code, are amended to read as follows:
63-23 (a) On receipt of a final order suspending license, the
63-24 licensing authority shall immediately determine if the authority
63-25 has issued a license to the individual [obligor] named on the order
63-26 and, if a license has been issued:
63-27 (1) record the suspension of the license in the
63-28 licensing authority's records;
63-29 (2) report the suspension as appropriate; and
63-30 (3) demand surrender of the suspended license if
64-1 required by law for other cases in which a license is suspended.
64-2 (d) An individual [obligor] who is the subject of a final
64-3 order suspending license is not entitled to a refund for any fee or
64-4 deposit paid to the licensing authority.
64-5 (e) An individual [obligor] who continues to engage in the
64-6 business, occupation, profession, or other licensed activity after
64-7 the implementation of the order suspending license by the licensing
64-8 authority is liable for the same civil and criminal penalties
64-9 provided for engaging in the licensed activity without a license or
64-10 while a license is suspended that apply to any other license
64-11 holder of that licensing authority.
64-12 SECTION 90. Section 232.012, Family Code, is amended to read
64-13 as follows:
64-14 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
64-15 support enforcement agency, court, or Title IV-D agency may file a
64-16 motion to revoke the stay of an order suspending license if the
64-17 individual who is subject of an order suspending license [obligor]
64-18 does not comply with:
64-19 (1) the terms of a reasonable repayment plan entered
64-20 into by the individual; or
64-21 (2) the requirements of a reissued subpoena [the
64-22 obligor].
64-23 (b) Notice to the individual [obligor] of a motion to revoke
64-24 stay under this section may be given by personal service or by mail
64-25 to the address provided by the individual [obligor], if any, in the
64-26 order suspending license. The notice must include a notice of
64-27 hearing. The notice must be provided to the individual [obligor]
64-28 not less than 10 days before the date of the hearing.
64-29 (c) A motion to revoke stay must allege the manner in which
64-30 the individual [obligor] failed to comply with the repayment plan
65-1 or the reissued subpoena.
65-2 (d) If the court or Title IV-D agency finds that the
65-3 individual [obligor] is not in compliance with the terms of the
65-4 repayment plan or reissued subpoena, the court or agency shall
65-5 revoke the stay of the order suspending license and render a final
65-6 order suspending license.
65-7 SECTION 91. Subsections (a) and (c), Section 232.013, Family
65-8 Code, are amended to read as follows:
65-9 (a) The court or Title IV-D agency may render an order
65-10 vacating or staying an order suspending license if the individual
65-11 [obligor] has:
65-12 (1) paid all delinquent child support or has
65-13 established a satisfactory payment record; or
65-14 (2) complied with the requirements of a reissued
65-15 subpoena.
65-16 (c) On receipt of an order vacating or staying an order
65-17 suspending license, the licensing authority shall promptly issue
65-18 the affected license to the individual [obligor] if the individual
65-19 [obligor] is otherwise qualified for the license.
65-20 SECTION 92. Section 232.014, Family Code, is amended to read
65-21 as follows:
65-22 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
65-23 authority may charge a fee to an individual [obligor] who is the
65-24 subject of an order suspending license in an amount sufficient to
65-25 recover the administrative costs incurred by the authority under
65-26 this chapter.
65-27 SECTION 93. Subtitle D, Title 5, Family Code, is amended by
65-28 adding Chapter 234 to read as follows:
65-29 CHAPTER 234. STATE CASE REGISTRY, DISBURSEMENT UNIT,
65-30 AND DIRECTORY OF NEW HIRES
66-1 SUBCHAPTER A. UNIFIED STATE CASE REGISTRY AND DISBURSEMENT UNIT
66-2 Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED
66-3 REGISTRY AND DISBURSEMENT UNIT. The Title IV-D agency shall
66-4 establish and operate a unified state case registry and state
66-5 disbursement unit meeting the requirements of 42 U.S.C. Sections
66-6 654A(e) and 654B. The registry and unit shall:
66-7 (1) maintain records of child support orders in Title
66-8 IV-D cases and in other cases in which a child support order has
66-9 been established or modified in this state on or after October 1,
66-10 1998;
66-11 (2) receive, maintain, and furnish records of child
66-12 support payments in Title IV-D cases and other cases as required by
66-13 law;
66-14 (3) in a Title IV-D case, monitor support payments and
66-15 initiate appropriate enforcement actions immediately on the
66-16 occurrence of a delinquency in payment;
66-17 (4) distribute child support payments as required by
66-18 law; and
66-19 (5) maintain custody of official child support payment
66-20 records in the registry and disbursement unit.
66-21 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
66-22 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
66-23 child support and medical support enforcement under Chapter 231
66-24 shall be part of the unified state case registry and state
66-25 disbursement unit authorized by this subchapter.
66-26 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
66-27 Title IV-D agency shall convene a work group to develop procedures
66-28 for the establishment and operation of the unified state case
66-29 registry and disbursement unit. The work group shall consist of
66-30 representatives of the judiciary, district clerks, domestic
67-1 relations offices, and the bureau of vital statistics, as well as
67-2 other county and state agencies identified by the Title IV-D
67-3 agency. To the extent possible, the work group shall consolidate
67-4 the reporting of information relating to court orders required of
67-5 clerks of courts under this title.
67-6 (b) The Title IV-D agency shall, in cooperation with the
67-7 work group established under this section, adopt rules and
67-8 prescribe forms to implement this subchapter.
67-9 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. The
67-10 Title IV-D agency may enter into contracts and cooperative
67-11 agreements as necessary to establish and operate the state case
67-12 registry and state disbursement unit authorized under this
67-13 subchapter.
67-14 Sec. 234.005. APPLICATION OF LAWS REQUIRING REPORTING TO
67-15 REGISTRY. (a) The requirements in Sections 105.006(b) and
67-16 105.008(a) that certain information be provided to the state case
67-17 registry do not apply until the registry is established under this
67-18 subchapter.
67-19 (b) This section expires September 1, 1999.
67-20 (Sections 234.006-234.100 reserved for expansion
67-21 SUBCHAPTER B. STATE DIRECTORY OF NEW HIRES
67-22 Sec. 234.101. DEFINITIONS. In this subchapter:
67-23 (1) "Employee" means an individual who is an employee
67-24 within the meaning of Chapter 24 of the Internal Revenue Code of
67-25 1986 (26 U.S.C. Section 3401(c)). The term does not include an
67-26 employee of a state agency performing intelligence or
67-27 counterintelligence functions if the head of the agency has
67-28 determined that reporting employee information under this
67-29 subchapter could endanger the safety of the employee or compromise
67-30 an ongoing investigation or intelligence activity.
68-1 (2) "Employer" has the meaning given that term by
68-2 Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
68-3 Section 3401(d)) and includes a governmental entity and a labor
68-4 organization, as that term is identified in Section 2(5) of the
68-5 National Labor Relations Act (29 U.S.C. Section 152(5)), including
68-6 an entity, also known as a "hiring hall," used by the labor
68-7 organization and an employer to carry out requirements of an
68-8 agreement between the organization and an employer described in
68-9 Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).
68-10 Sec. 234.102. In cooperation with the Texas Workforce
68-11 Commission, the Title IV-D agency shall develop and operate a state
68-12 directory to which employers in the state shall report each newly
68-13 hired or rehired employee in accordance with the requirements of 42
68-14 U.S.C. Section 653A.
68-15 Sec. 234.103. The Title IV-D agency may enter into
68-16 cooperative agreements and contracts as necessary to create and
68-17 operate the directory authorized under this subchapter.
68-18 Sec. 234.104. The Title IV-D agency by rule shall establish
68-19 procedures for reporting employee information and for operating a
68-20 state directory of new hires meeting the requirements of federal
68-21 law.
68-22 SECTION 94. Subdivision (4), Section 24.002, Business &
68-23 Commerce Code, is amended to read as follows:
68-24 (4) "Creditor" means a person, including a spouse,
68-25 minor, person entitled to receive court or administratively ordered
68-26 child support for the benefit of a child, or ward, who has a claim.
68-27 SECTION 95. (a) Sections 157.065(d), 157.322(c) through
68-28 (e), 158.107, 158.305, 231.004, 231.430, and 231.431, Family Code,
68-29 and Section 232.003, Family Code, as added by Chapter 665, Acts of
68-30 the 74th Legislature, 1995, are repealed.
69-1 (b) Section 231.304, Family Code, is repealed on October 1,
69-2 1998.
69-3 SECTION 96. (a) This Act takes effect September 1, 1997.
69-4 (b) The change in law made by this Act does not affect a
69-5 proceeding under the Family Code pending on the effective date of
69-6 this Act. A proceeding pending on the effective date of this Act
69-7 is governed by the law in effect at the time the proceeding was
69-8 commenced, and the former law is continued in effect for that
69-9 purpose.
69-10 (c) The enactment of this Act does not by itself constitute
69-11 a material and substantial change of circumstances sufficient to
69-12 warrant modification of a court order or portion of a decree that
69-13 provides for the support of or possession of or access to a child
69-14 entered before the effective date of this Act.
69-15 (d) The requirement that an employer report a newly hired or
69-16 rehired employee to the state directory of new hires under
69-17 Subchapter B, Chapter 234, Family Code, as added by this Act, takes
69-18 effect October 1, 1998.
69-19 SECTION 97. The importance of this legislation and the
69-20 crowded condition of the calendars in both houses create an
69-21 emergency and an imperative public necessity that the
69-22 constitutional rule requiring bills to be read on three several
69-23 days in each house be suspended, and this rule is hereby suspended.