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.