AN ACT
1-1 relating to the implementation of the child support enforcement
1-2 provisions of Title III of the federal Personal Responsibility and
1-3 Work Opportunity Reconciliation Act of 1996; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.011, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 101.011. EARNINGS. "Earnings" means a payment to or
1-8 due an individual, regardless of source and how [compensation paid
1-9 or payable for personal services, whether] denominated. The term
1-10 includes a periodic or lump-sum payment for:
1-11 (1) [as] wages, salary, compensation received as an
1-12 independent contractor, overtime pay, severance pay, commission,
1-13 bonus, and interest income;
1-14 (2) [or otherwise. The term includes periodic]
1-15 payments made under [pursuant to] a pension, an annuity, workers'
1-16 compensation, and a disability or [and] retirement program;[,] and
1-17 (3) unemployment benefits.
1-18 SECTION 2. Section 101.012, Family Code, is amended to read
1-19 as follows:
1-20 Sec. 101.012. EMPLOYER. "Employer" means a person,
1-21 corporation, partnership, workers' compensation insurance carrier,
1-22 governmental entity, [and] the United States, or any other entity
1-23 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
3-1 Chapter 158.
3-2 Sec. 101.0161. JUDICIAL WRIT OF WITHHOLDING. "Judicial writ
3-3 of withholding" means the document issued by the clerk of a court
3-4 and delivered to an employer directing that earnings be withheld
3-5 for payment of child support as provided by Chapter 158.
3-6 Sec. 101.0201. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
3-7 WITHHOLDING. "Notice of application for judicial writ of
3-8 withholding" means the document delivered to an obligor and filed
3-9 with the court as required by Chapter 158 for the nonjudicial
3-10 determination of arrears and initiation of withholding.
3-11 Sec. 101.0301. STATE CASE REGISTRY. "State case registry"
3-12 means the registry established and operated by the Title IV-D
3-13 agency under 42 U.S.C. Section 654a that has responsibility for
3-14 maintaining records with respect to child support orders in all
3-15 Title IV-D cases and in all other cases in which a support order is
3-16 rendered or modified under this title on or after October 1, 1998.
3-17 SECTION 6. Section 105.006, Family Code, is amended by
3-18 amending Subsections (b), (c), (e), and (g) and adding Subsection
3-19 (f) to read as follows:
3-20 (b) Except as provided by Subsection (c), the court shall
3-21 order each party to inform each other party, the court that
3-22 rendered the order, and the state case registry under Chapter 234
3-23 of an intended change in any of the information required by this
3-24 section as long as any person, as a result of the order, is under
3-25 an obligation to pay child support or is entitled to possession of
4-1 or access to a child. The court shall order that notice of the
4-2 intended change be given at the earlier of:
4-3 (1) the 60th day before the date the party intends to
4-4 make the change; or
4-5 (2) the fifth day after the date that the party knew
4-6 of the change, if the party did not know or could not have known of
4-7 the change in sufficient time to comply with Subdivision (1).
4-8 (c) If a court finds after notice and hearing that requiring
4-9 a party to provide the information required by this section to
4-10 another party is likely to cause the child or a conservator
4-11 harassment, abuse, serious harm, or injury, the court may:
4-12 (1) order the information not to be disclosed to
4-13 another party; or
4-14 (2) render any other order the court considers
4-15 necessary.
4-16 (e) Except as provided by Subsection (c), an order in a suit
4-17 that orders child support or possession of or access to a child
4-18 must also contain the following notice [order] in bold-faced type
4-19 or in capital letters:
4-20 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
4-21 NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
4-22 [WITHIN 10 DAYS AFTER THE DATE] OF ANY CHANGE IN THE PARTY'S
4-23 CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER,
4-24 NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
4-25 AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF
5-1 AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER
5-2 PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH
5-3 DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR
5-4 COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE
5-5 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON
5-6 OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
5-7 CHANGE.
5-8 "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
5-9 THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
5-10 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
5-11 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
5-12 "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
5-13 PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
5-14 WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
5-15 LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
5-16 FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
5-17 TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
5-18 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
5-19 (f) Except for an action in which contempt is sought, in any
5-20 subsequent child support enforcement action, the court may, on a
5-21 showing that diligent effort has been made to determine the
5-22 location of a party, consider due process requirements for notice
5-23 and service of process to be met with respect to that party on
5-24 delivery of written notice to the most recent residential or
5-25 employer address filed by that party with the court and the state
6-1 case registry.
6-2 (g) The Title IV-D agency shall promulgate and provide forms
6-3 for a party to use in reporting to the court and, when established,
6-4 to the state case registry under Chapter 234 the information
6-5 required under this section [Notwithstanding another provision of
6-6 this section, a court in a county with a population of 2.8 million
6-7 or more shall order each party to inform the clerk of the court of
6-8 a change in information required by this section in the manner
6-9 provided by Subsection (b). The order required by Subsection (e)
6-10 shall reflect the notification requirement of this subsection].
6-11 SECTION 7. Chapter 105, Family Code, is amended by adding
6-12 Section 105.008 to read as follows:
6-13 Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE
6-14 REGISTRY. (a) The clerk of the court shall provide the state case
6-15 registry with a record of a court order for child support as
6-16 required by procedures adopted under Section 234.003. The record
6-17 of an order shall include information provided by the parties on a
6-18 form developed by the Title IV-D agency. The form shall be
6-19 completed by the petitioner and submitted to the clerk at the time
6-20 the order is filed for record.
6-21 (b) To the extent federal funds are available, the Title
6-22 IV-D agency shall reimburse the clerk of the court for the costs
6-23 incurred in providing the record of support order required under
6-24 this section.
6-25 SECTION 8. Subsection (a), Section 110.002, Family Code, is
7-1 amended to read as follows:
7-2 (a) The clerk of the court may collect a filing fee of $15
7-3 in a suit for filing:
7-4 (1) a suit for modification;
7-5 (2) a motion for enforcement;
7-6 (3) a notice of application for judicial writ of
7-7 withholding [delinquency]; or
7-8 (4) a motion to transfer.
7-9 SECTION 9. Section 110.004, Family Code, is amended to read
7-10 as follows:
7-11 Sec. 110.004. FEE FOR ISSUING AND DELIVERING WITHHOLDING
7-12 ORDER OR WRIT. The clerk of the court may charge a reasonable fee,
7-13 not to exceed $15, for each order or writ of income withholding
7-14 issued by the clerk and delivered to an employer [by mail].
7-15 SECTION 10. Subsection (a), Section 154.007, Family Code, is
7-16 amended to read as follows:
7-17 (a) In [Except for good cause shown, or on agreement of the
7-18 parties, in] a proceeding in which periodic payments of child
7-19 support are ordered, modified, or enforced, the court or Title IV-D
7-20 agency shall order that income be withheld from the disposable
7-21 earnings of the obligor as provided by Chapter 158.
7-22 SECTION 11. Subsection (b), Section 154.184, Family Code, is
7-23 amended to read as follows:
7-24 (b) If the employee or member is eligible for dependent
7-25 health coverage, the employer [The child] shall [be] automatically
8-1 enroll the child [enrolled] for the first 31 days after the receipt
8-2 of the order or notice of the medical support order under Section
8-3 154.186 [by the employer] on the same terms and conditions as apply
8-4 to any other dependent child.
8-5 SECTION 12. Section 154.186, Family Code, is amended to read
8-6 as follows:
8-7 Sec. 154.186. NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.
8-8 The obligee, obligor, or a child support agency may send to the
8-9 employer a copy of the order requiring an employee to provide
8-10 health insurance coverage for a child or may include notice of the
8-11 medical support order in an order or writ of withholding sent to
8-12 the employer in accordance with Chapter 158.
8-13 SECTION 13. Subsections (a), (c), and (d), Section 154.187,
8-14 Family Code, are amended to read as follows:
8-15 (a) An order or notice under this subchapter to an employer
8-16 directing that health insurance coverage be provided to a child of
8-17 an employee or member is binding on a current or subsequent [the]
8-18 employer on receipt without regard to the date the order was
8-19 rendered. If the employee or member is eligible for dependent
8-20 health coverage for the child, the employer shall immediately
8-21 enroll the child in a health insurance plan regardless of whether
8-22 the employee is enrolled in the plan. If dependent coverage is not
8-23 available to the employee or member through the employer's health
8-24 insurance plan or enrollment cannot be made permanent or if the
8-25 employer is not responsible or otherwise liable for providing such
9-1 coverage, the employer shall provide notice to the sender in
9-2 accordance with Subsection (c).
9-3 (c) An employer who has received an order or notice under
9-4 this subchapter shall provide to the sender, by first class mail
9-5 not later than the 30th day after the date the employer receives
9-6 the order or notice, a statement that the child:
9-7 (1) has been enrolled in a health insurance plan; or
9-8 (2) cannot be enrolled or cannot be enrolled
9-9 permanently in a health insurance plan and provide the reason why
9-10 coverage or permanent coverage cannot be provided.
9-11 (d) If the employee ceases employment or if the health
9-12 insurance coverage lapses, the employer shall provide to the
9-13 sender, by first class mail not later than the 15th day after the
9-14 date of the termination of employment or the lapse of the coverage,
9-15 notice of the termination or lapse and of the availability of any
9-16 conversion privileges[, if any].
9-17 SECTION 14. Section 154.189, Family Code, is amended to read
9-18 as follows:
9-19 Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
9-20 COVERAGE. (a) An obligor ordered to provide health insurance
9-21 coverage for a child must notify the obligee and any child support
9-22 agency enforcing a support obligation against the obligor of the:
9-23 (1) termination or lapse of health insurance coverage
9-24 for the child not later than the 15th day after the date of a
9-25 termination or lapse; and
10-1 (2) availability of additional health insurance to the
10-2 obligor for the child after a termination or lapse of coverage not
10-3 later than the 15th day after the date the insurance becomes
10-4 available.
10-5 (b) If termination of coverage results from a change of
10-6 employers, the obligor, the obligee, or the child support agency
10-7 may send the new employer a copy of the order requiring the
10-8 employee to provide health insurance for a child or notice of the
10-9 medical support order as provided by this subchapter.
10-10 SECTION 15. Subchapter D, Chapter 154, Family Code, is
10-11 amended by adding Section 154.193 to read as follows:
10-12 Sec. 154.193. MEDICAL SUPPORT ORDER NOT QUALIFIED. (a) If
10-13 a plan administrator or other person acting in an equivalent
10-14 position determines that a medical support order issued under this
10-15 subchapter does not qualify for enforcement under federal law, the
10-16 tribunal may, on its own motion or the motion of a party, render an
10-17 order that qualifies for enforcement under federal law.
10-18 (b) The procedure for filing a motion for enforcement of a
10-19 final order applies to a motion under this section. Service of
10-20 citation is not required, and a person is not entitled to a jury in
10-21 a proceeding under this section.
10-22 (c) The employer or plan administrator is not a necessary
10-23 party to a proceeding under this section.
10-24 SECTION 16. Subsection (a), Section 156.401, Family Code, is
10-25 amended to read as follows:
11-1 (a) Except as provided by Subsection (b), the court may
11-2 modify an order that provides for the support of a child if:
11-3 (1) the circumstances of the child or a person
11-4 affected by the order have materially and substantially changed
11-5 since the date of the order's rendition; or
11-6 (2) it has been three years since the order was
11-7 rendered or last modified and the monthly amount of the child
11-8 support award under the order differs by either 20 percent or $100
11-9 from the amount that would be awarded in accordance with the child
11-10 support guidelines.
11-11 SECTION 17. Subsection (b), Section 157.002, Family Code, is
11-12 amended to read as follows:
11-13 (b) A motion for enforcement of child support:
11-14 (1) must include the amount owed as provided in the
11-15 order, the amount paid, and the amount of arrearages;
11-16 (2) if contempt is requested, must include the portion
11-17 of the order allegedly violated and, for each date of alleged
11-18 contempt, the amount due and the amount paid, if any; [and]
11-19 (3) may include as an attachment a copy of a record of
11-20 child support payments maintained by the Title IV-D registry or a
11-21 local registry; and
11-22 (4) if the obligor owes arrearages for a child
11-23 receiving assistance under Part A of Title IV of the federal Social
11-24 Security Act (42 U.S.C. Section 601 et seq.), may include a request
11-25 that:
12-1 (A) the obligor pay the arrearages in accordance
12-2 with a plan approved by the court; or
12-3 (B) if the obligor is already subject to a plan
12-4 and is not incapacitated, the obligor participate in work
12-5 activities, as defined under 42 U.S.C. Section 607(d), that the
12-6 court determines appropriate.
12-7 SECTION 18. Subsection (a), Section 157.065, Family Code, is
12-8 amended to read as follows:
12-9 (a) If a party has been ordered under Chapter 105 to provide
12-10 the [clerk of the] court and the state case registry with the
12-11 party's current mailing address, notice of a motion for enforcement
12-12 may be served by mailing a copy of the notice to the respondent,
12-13 together with a copy of the motion, by first class mail to the last
12-14 mailing address of the respondent on file with the court and the
12-15 registry [clerk].
12-16 SECTION 19. Section 157.311, Family Code, is amended to read
12-17 as follows:
12-18 Sec. 157.311. DEFINITIONS. In this subchapter:
12-19 (1) "Claimant" means:
12-20 (A) the obligee or a private attorney
12-21 representing the obligee;
12-22 (B) the Title IV-D agency providing child
12-23 support services;
12-24 (C) a domestic relations office or local
12-25 registry; or
13-1 (D) an attorney appointed as a friend of the
13-2 court.
13-3 (2) "Court having continuing jurisdiction" is the
13-4 court of continuing, exclusive jurisdiction in this state or a
13-5 tribunal of another state having jurisdiction under the Uniform
13-6 Interstate Family Support Act or a substantially similar act.
13-7 (3) "Lien" means a child support lien.
13-8 SECTION 20. Section 157.312, Family Code, is amended by
13-9 adding Subsections (d), (e), and (f) to read as follows:
13-10 (d) A child support lien arises:
13-11 (1) by operation of law against real and personal
13-12 property of an obligor for all amounts of overdue support,
13-13 regardless of whether the amounts have been adjudicated or
13-14 otherwise determined, subject to the requirements of this
13-15 subchapter for recording and notice; or
13-16 (2) when a court having continuing jurisdiction or, in
13-17 a Title IV-D case, the Title IV-D agency determines an amount of
13-18 arrears owed by a child support obligor.
13-19 (e) A child support lien arising in another state may be
13-20 enforced in the same manner and to the same extent as a lien
13-21 arising in this state.
13-22 (f) A foreclosure action under this subchapter is not
13-23 required as a prerequisite to levy and execution on a judgment or
13-24 an administrative determination of arrears rendered after notice
13-25 and opportunity for hearing.
14-1 SECTION 21. Section 157.313, Family Code, is amended by
14-2 amending Subsection (a) and adding Subsection (d) to read as
14-3 follows:
14-4 (a) A child support lien notice must contain:
14-5 (1) the style, docket number, and identity of the
14-6 tribunal of this or another state [court] having continuing
14-7 jurisdiction of the child support action;
14-8 (2) the name, address, and, if available, the birth
14-9 date, driver's license number, and social security number of the
14-10 obligor;
14-11 (3) the name and social security number, if available,
14-12 of the obligee and the child;
14-13 (4) the amount of child support arrearages owed by the
14-14 obligor and the date of the signing [rendition] of the court order,
14-15 administrative order, or [issuance of the] writ that determined the
14-16 arrearages or the date and manner in which the arrearages were
14-17 determined;
14-18 (5) the rate of interest specified in the court order,
14-19 administrative order, or writ or, in the absence of a specified
14-20 interest rate, the rate provided for by law [Subchapter F]; [and]
14-21 (6) the name and address of the person or agency
14-22 asserting the lien; and
14-23 (7) the motor vehicle identification number as shown
14-24 on the obligor's title if the property is a motor vehicle [to whom
14-25 the payment of the child support arrearages shall be made].
15-1 (d) A claimant must file a notice for each after-acquired
15-2 motor vehicle.
15-3 SECTION 22. Section 157.314, Family Code, is amended to read
15-4 as follows:
15-5 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT.
15-6 (a) A child support lien notice or an abstract of judgment for
15-7 past due child support may be filed by the claimant with the county
15-8 clerk of:
15-9 (1) [the county clerk of] any county in which the
15-10 obligor is believed to own nonexempt real or personal property;
15-11 (2) [or in] the county in which the obligor resides;
15-12 or
15-13 (3) the county in which the court having continuing
15-14 jurisdiction has venue of the suit affecting the parent-child
15-15 relationship.
15-16 (b) A child support lien notice may be filed with:
15-17 (1) [(2)] the clerk of the court in which a claim,
15-18 counterclaim, or suit by, or on behalf of, the obligor, including a
15-19 claim or potential right to proceeds from an estate as an heir,
15-20 beneficiary, or creditor, is pending, provided that a copy of the
15-21 lien is mailed to the attorney of record for the obligor, if any;
15-22 [or]
15-23 (2) [(3)] an attorney who represents the obligor in a
15-24 claim or counterclaim that has not been filed with a court;
15-25 (3) any other individual or organization believed to
16-1 be in possession of real or personal property of the obligor; or
16-2 (4) any governmental unit or agency that issues or
16-3 records certificates, titles, or other indicia of property
16-4 ownership.
16-5 SECTION 23. Section 157.316, Family Code, is amended to read
16-6 as follows:
16-7 Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. (a) Except
16-8 as provided by Subsection (b), a [A] child support lien is
16-9 perfected [attaches] when an abstract of judgment for past due
16-10 child support or a child support lien notice is filed with the
16-11 county clerk as provided by this subchapter.
16-12 (b) If a lien established under this subchapter attaches to
16-13 a motor vehicle, the lien must be perfected in the manner provided
16-14 by Chapter 501, Transportation Code, and the court or Title IV-D
16-15 agency that rendered the order of child support shall include in
16-16 the order a requirement that the obligor surrender to the court or
16-17 Title IV-D agency evidence of the legal ownership of the motor
16-18 vehicle against which the lien may attach. A lien against a motor
16-19 vehicle under this subchapter is not perfected until the obligor's
16-20 title to the lien has been surrendered to the court or Title IV-D
16-21 agency and the Texas Department of Transportation has issued a
16-22 subsequent title that discloses on its face the fact that the
16-23 vehicle is subject to a child support lien under this subchapter.
16-24 SECTION 24. Subsection (a), Section 157.317, Family Code, is
16-25 amended to read as follows:
17-1 (a) A lien attaches to all real and personal property not
17-2 exempt under the Texas Constitution, including a claim for
17-3 negligence, personal injury, or workers' compensation, or an
17-4 insurance award for the claim, owned by the obligor on or after the
17-5 date the lien notice or abstract of judgment is filed with the
17-6 county clerk of the county in which the property is located, with
17-7 the court clerk as to property or claims in litigation, or, as to
17-8 property of the obligor in the possession or control of a third
17-9 party, from the date the lien notice is filed with that party
17-10 [attaches].
17-11 SECTION 25. Section 157.318, Family Code, is amended to read
17-12 as follows:
17-13 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
17-14 (a) A lien is effective until all current support and child
17-15 support arrearages, including interest, have been paid or the lien
17-16 is otherwise released as provided by this subchapter [for 10 years
17-17 from the date the notice is recorded in the county clerk's office
17-18 in the county where the property of the obligor is located].
17-19 (b) The lien secures payment of all child support arrears
17-20 owed by the obligor under the underlying support order, including
17-21 arrearages that accrue after the administrative or judicial
17-22 determination of arrearages stated in the lien notice [may be
17-23 extended for an additional 10-year period by recording a lien
17-24 notice before the tenth anniversary of the date of the original
17-25 recording of the notice].
18-1 (c) The filing of a lien notice or abstract of judgment with
18-2 the county clerk is a record of the notice and has the same effect
18-3 as any other lien notice with respect to real property records.
18-4 SECTION 26. Section 157.319, Family Code, is amended to read
18-5 as follows:
18-6 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
18-7 (a) [The filing of a lien notice is a record of the notice.]
18-8 [(b)] If [a lien has been filed as provided in this
18-9 subchapter and] a person having actual notice of the lien possesses
18-10 nonexempt personal property of the obligor that may be subject to
18-11 the lien, the property may not be paid over, released, sold,
18-12 transferred, encumbered, or conveyed unless:
18-13 (1) a release of lien signed by the claimant is
18-14 delivered to the person in possession; or
18-15 (2) a court, after notice to the claimant and hearing,
18-16 has ordered the release of the lien because arrearages do not
18-17 exist.
18-18 (b) A person having notice of a child support lien who
18-19 violates this section may be joined as a party to a foreclosure
18-20 action under this chapter and is subject to the penalties provided
18-21 by this subchapter.
18-22 SECTION 27. Section 157.320, Family Code, is amended by
18-23 adding Subsection (d) to read as follows:
18-24 (d) A lien created under this subchapter is subordinate to a
18-25 vendor's lien retained in a conveyance to the obligor.
19-1 SECTION 28. Section 157.321, Family Code, is amended to read
19-2 as follows:
19-3 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A claimant may
19-4 at any time release a lien on all or part of the property of the
19-5 obligor or return seized property, without liability, if assurance
19-6 of payment is considered adequate by the claimant or if the release
19-7 or return will facilitate the collection of the arrearages. The
19-8 release or return may not operate to prevent future action to
19-9 collect from the same or other property owned by the obligor.
19-10 SECTION 29. Subsections (a) and (b), Section 157.322, Family
19-11 Code, are amended to read as follows:
19-12 (a) On payment in full of the amount of child support due,
19-13 together with any costs and reasonable attorney's fees, the
19-14 claimant shall execute and deliver to the obligor or the obligor's
19-15 attorney a release of the child support lien.
19-16 (b) The release of lien is effective when filed with the
19-17 county clerk with whom the lien notice or abstract of judgment was
19-18 filed. A copy of the release of lien may be filed with any other
19-19 individual or organization that may have been served with a lien
19-20 notice under this subchapter [A child support lien release shall be
19-21 filed in the same manner as the notice of lien].
19-22 SECTION 30. Section 157.323, Family Code, is amended to read
19-23 as follows:
19-24 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
19-25 (a) In addition to any other remedy provided by law [When a lien
20-1 notice has been filed under this subchapter], an action to
20-2 foreclose a child support lien or to dispute the amount of
20-3 arrearages stated in the lien [on nonexempt real or personal
20-4 property] may be brought in the court of continuing jurisdiction
20-5 or, if there is no court of continuing jurisdiction in this state,
20-6 in the district court of the county in which the property is or was
20-7 located and the lien was filed.
20-8 (b) The procedures provided by Subchapter B apply to a
20-9 foreclosure action under this section, except that a person or
20-10 organization in possession of the property of the obligor may be
20-11 joined as an additional respondent.
20-12 (c) If [After notice to the obligor and the claimant, the
20-13 court shall conduct a hearing and, if] arrearages are owed by the
20-14 obligor, the court shall:
20-15 (1) render judgment against the obligor for the amount
20-16 due, plus costs and reasonable attorney's fees; [and]
20-17 (2) order any official authorized to levy execution to
20-18 satisfy the lien, costs, and attorney's fees by selling any
20-19 property on which a lien is established under this subchapter; or
20-20 (3) order an individual or organization in possession
20-21 of nonexempt personal property or cash owned by the obligor to
20-22 dispose of the property as the court may direct.
20-23 (d) For execution and sale [(c) In all sales contemplated]
20-24 under this section, publication of notice is necessary only for
20-25 three consecutive weeks in a newspaper published in the county
21-1 where the property is located or, if there is no newspaper in that
21-2 county, in the most convenient newspaper in circulation in the
21-3 county.
21-4 SECTION 31. Section 157.324, Family Code, is amended to read
21-5 as follows:
21-6 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
21-7 LIEN. A person who knowingly disposes of property subject to a
21-8 lien or who, after a foreclosure hearing, fails to surrender on
21-9 demand nonexempt personal property as directed by a court or
21-10 administrative order [seized] under this subchapter is liable to
21-11 the claimant in an amount equal to the arrearages for which the
21-12 foreclosure judgment was issued.
21-13 SECTION 32. Subsection (b), Section 157.325, Family Code, is
21-14 amended to read as follows:
21-15 (b) If the claimant refuses the request, the holder of the
21-16 personal property or the obligor may file suit under this
21-17 subchapter for an order determining the amount of arrearages and
21-18 discharging [petition the court of competent jurisdiction for
21-19 discharge of] excess personal property or money from the lien.
21-20 SECTION 33. Section 157.326, Family Code, is amended to read
21-21 as follows:
21-22 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE. (a) A spouse
21-23 of an obligor may file an affidavit with the [a] court of
21-24 continuing [competent] jurisdiction or, if there is no court of
21-25 continuing jurisdiction in this state, in the district court of the
22-1 county in which the property is or was located and the lien was
22-2 filed requesting that the court determine the extent, if any, of
22-3 the spouse's interest in real or personal property that is subject
22-4 to:
22-5 (1) a lien perfected under this subchapter; or
22-6 (2) an action to foreclose under this subchapter.
22-7 (b) After notice to the obligor, obligor's spouse, [and] the
22-8 claimant, and the obligee, the court shall conduct a hearing and
22-9 determine the extent, if any, of the ownership interest in the
22-10 property held by the obligor's spouse. If the court finds that:
22-11 (1) the property is the separate property of the
22-12 obligor's spouse, the court shall order that the lien against the
22-13 property be released and that any action to foreclose on the
22-14 property be dismissed; or
22-15 (2) the property is jointly owned by the obligor and
22-16 the obligor's spouse, the court shall determine whether the sale of
22-17 the obligor's interest in the property would result in an
22-18 unreasonable hardship on the obligor's spouse or family and:
22-19 (A) if so, the court shall render an order that
22-20 the obligor's interest in the property not be sold and that the
22-21 lien against the property should be released; or
22-22 (B) if not, the court shall render an order
22-23 partitioning the property and directing that the property be sold
22-24 and the proceeds applied to the child support arrearages
22-25 [consistent with the provisions of this subchapter].
23-1 (c) In a proceeding under this section, [subsection in
23-2 which] the spouse claiming [of the obligor claims by affidavit] an
23-3 ownership interest in the property[, the claimant] has the burden
23-4 to prove the extent of that [the obligor's] ownership interest.
23-5 SECTION 34. Section 158.001, Family Code, is amended to read
23-6 as follows:
23-7 Sec. 158.001. INCOME WITHHOLDING; GENERAL RULE [IN ORIGINAL
23-8 SUIT]. In [Except for good cause shown or on agreement of the
23-9 parties, in] a proceeding in which periodic payments of child
23-10 support are ordered, [or] modified, or enforced, the court or the
23-11 Title IV-D agency shall order that income be withheld from the
23-12 disposable earnings of the obligor as provided by this chapter.
23-13 SECTION 35. Section 158.002, Family Code, is amended to read
23-14 as follows:
23-15 Sec. 158.002. SUSPENSION OF INCOME WITHHOLDING [IN
23-16 SUBSEQUENT ACTION]. Except in a Title IV-D case, the [The] court
23-17 may provide, for good cause shown or on agreement of the parties,
23-18 that the [shall] order withholding income need not be issued or
23-19 delivered to an employer until [withholding in a motion for
23-20 enforcement if the court finds that at the time of filing of the
23-21 motion]:
23-22 (1) the obligor has been in arrears for an amount due
23-23 for more than 30 days; [and]
23-24 (2) the amount of the arrearages is an amount equal to
23-25 or greater than the amount due for a one-month period; or
24-1 (3) any other violation of the child support order has
24-2 occurred.
24-3 SECTION 36. Section 158.006, Family Code, is amended to read
24-4 as follows:
24-5 Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a
24-6 Title IV-D case, the court or the Title IV-D agency shall order
24-7 that income be withheld from the disposable earnings of the obligor
24-8 and may not suspend, stay, or delay issuance of the order or of a
24-9 judicial or administrative writ of withholding [that all child
24-10 support payments be paid through a local registry or directly to
24-11 the Title IV-D agency].
24-12 SECTION 37. Section 158.009, Family Code, is amended to read
24-13 as follows:
24-14 Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An
24-15 order or writ of withholding shall direct that any employer of the
24-16 obligor withhold from the obligor's disposable earnings the amount
24-17 specified [in the order] up to a maximum amount of 50 percent of
24-18 the obligor's disposable earnings.
24-19 SECTION 38. Section 158.010, Family Code, is amended to read
24-20 as follows:
24-21 Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING
24-22 BUSINESS IN STATE. An order or writ of withholding issued under
24-23 this chapter and delivered to an employer doing business in this
24-24 state is binding on the employer without regard to whether the
24-25 obligor resides or works outside this state.
25-1 SECTION 39. Subsection (a), Section 158.011, Family Code, is
25-2 amended to read as follows:
25-3 (a) An obligor may file with the clerk of the court a
25-4 notarized or acknowledged request signed by the obligor and the
25-5 obligee for the issuance and delivery to the obligor's employer of
25-6 a writ of withholding. A notarized or acknowledged request may be
25-7 filed under this section regardless of whether a writ or order
25-8 [notice of delinquency] has been served on any party or of the
25-9 existence or amount of an arrearage.
25-10 SECTION 40. Section 158.102, Family Code, is amended to read
25-11 as follows:
25-12 Sec. 158.102. TIME LIMITATIONS. The court retains
25-13 jurisdiction to render an order that provides for income to be
25-14 withheld from the disposable earnings of the obligor until all
25-15 current support and child support arrearages, including interest,
25-16 have been paid [if the motion for income withholding is filed not
25-17 later than the fourth anniversary of the date:]
25-18 [(1) the child becomes an adult;]
25-19 [(2) the child support obligation terminates as
25-20 provided in the order or by operation of law; or]
25-21 [(3) an order of withholding was rendered or a writ of
25-22 withholding was issued and arrearages have not been fully
25-23 discharged].
25-24 SECTION 41. Section 158.103, Family Code, is amended to read
25-25 as follows:
26-1 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
26-2 withholding shall state:
26-3 (1) the style, cause number, and court having
26-4 continuing jurisdiction of the suit;
26-5 (2) the name, address, and, if available, the social
26-6 security number of the obligor;
26-7 (3) the amount and duration of the child support
26-8 payments and medical support payments or other provisions for
26-9 medical support;
26-10 (4) the name, address, and, if available, the social
26-11 security numbers of the child and the obligee;
26-12 (5) the name and address of the person or agency to
26-13 whom the payments shall be made;
26-14 (6) that the obligor is required to notify the court
26-15 promptly of any change affecting the order; and
26-16 (7) that the ordered amount shall be paid to a local
26-17 registry or the Title IV-D agency.
26-18 SECTION 42. Subsection (a), Section 158.106, Family Code, is
26-19 amended to read as follows:
26-20 (a) The Title IV-D agency shall prescribe forms [a form]
26-21 for:
26-22 (1) an [the] order of withholding that is sufficient
26-23 if rendered [by a court] in substantially the prescribed manner;
26-24 (2) a notice of application for judicial writ of
26-25 withholding; [and]
27-1 (3) a judicial writ of withholding as [that is
27-2 sufficient when issued by the clerk of the court substantially in
27-3 the manner] provided by Subchapter D; and
27-4 (4) an administrative writ of withholding, including
27-5 forms and procedures for electronic issuance of the writ, as
27-6 provided by Subchapter F [E].
27-7 SECTION 43. Section 158.201, Family Code, is amended to read
27-8 as follows:
27-9 Sec. 158.201. ORDER OR WRIT BINDING ON [NOTICE TO] EMPLOYER.
27-10 (a) An employer required [who may be directed] to withhold income
27-11 from earnings is not entitled to [as provided by this chapter need
27-12 not be given] notice of the proceedings before the order is
27-13 rendered or writ of withholding is issued.
27-14 (b) An order or writ of withholding is binding on an
27-15 employer regardless of whether the employer is specifically named
27-16 in the order or writ.
27-17 SECTION 44. Section 158.202, Family Code, is amended to read
27-18 as follows:
27-19 Sec. 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.
27-20 An employer shall begin to withhold income in accordance with an
27-21 order or writ of withholding not later than the first pay period
27-22 following the date on which the order or writ was delivered to the
27-23 employer and shall continue to withhold income as required by
27-24 [provided in] the order or writ as long as the obligor is employed
27-25 by the employer.
28-1 SECTION 45. Section 158.205, Family Code, is amended to read
28-2 as follows:
28-3 Sec. 158.205. HEARING REQUESTED BY EMPLOYER. (a) Not later
28-4 than the 20th day after the date an order or writ of withholding is
28-5 delivered, the employer may, as appropriate, file a motion with the
28-6 court or file a request with the Title IV-D agency for a hearing on
28-7 the applicability of the order or writ to the employer. The Title
28-8 IV-D agency by rule shall establish procedures for an agency
28-9 hearing under this section.
28-10 (b) The hearing under this section shall be held not later
28-11 than the 15th day after the date the motion or request was made
28-12 [filed].
28-13 (c) An order or writ of withholding remains binding and
28-14 payments shall continue to be made pending further order of the
28-15 court or, in the case of an administrative writ, action of the
28-16 Title IV-D agency.
28-17 SECTION 46. Subsection (a), Section 158.206, Family Code, is
28-18 amended to read as follows:
28-19 (a) An employer receiving an order or a writ of withholding
28-20 under this chapter, including an order or writ directing that
28-21 health insurance be provided to a child, who complies with the
28-22 order or writ is not liable to the obligor for the amount of income
28-23 withheld and paid as required by the [provided in the] order or
28-24 writ.
28-25 SECTION 47. Subsection (b), Section 158.207, Family Code, is
29-1 amended to read as follows:
29-2 (b) If the total amount due under the orders or writs
29-3 exceeds the maximum amount allowed to be withheld under Section
29-4 158.009, the employer shall pay an equal amount towards the current
29-5 support in each order or writ [portion of all orders or writs]
29-6 until the employer has complied fully with each current support
29-7 obligation [order or writ] and, thereafter, equal amounts on the
29-8 arrearages until the employer has complied with each order or writ,
29-9 or until the maximum total amount of allowed withholding is
29-10 reached, whichever occurs first.
29-11 SECTION 48. Subsections (c) and (d), Section 158.209, Family
29-12 Code, are amended to read as follows:
29-13 (c) If an employer intentionally discharges an employee in
29-14 violation of this section, the employer continues to be liable to
29-15 the employee for current wages and other benefits and for
29-16 reasonable attorney's fees and court costs incurred [by the
29-17 employee] in enforcing the employee's rights as provided in this
29-18 section.
29-19 (d) An action under this section may be brought [only] by
29-20 the employee, a friend of the court, the domestic relations office,
29-21 or the Title IV-D agency.
29-22 SECTION 49. The heading for Subchapter D, Chapter 158,
29-23 Family Code, is amended to read as follows:
29-24 SUBCHAPTER D. JUDICIAL WRIT OF WITHHOLDING ISSUED BY CLERK
29-25 SECTION 50. Section 158.301, Family Code, is amended to read
30-1 as follows:
30-2 Sec. 158.301. NOTICE OF APPLICATION FOR JUDICIAL WRIT OF
30-3 WITHHOLDING; FILING. (a) A notice of application for judicial
30-4 writ of withholding may be filed if:
30-5 (1) a delinquency occurs in child support payments in
30-6 an amount equal to or greater than the total support due for one
30-7 month; or
30-8 (2) income withholding was not ordered at the time
30-9 child support was ordered.
30-10 (b) The notice of application for judicial writ of
30-11 withholding may be filed in the court of continuing jurisdiction
30-12 by:
30-13 (1) the Title IV-D agency;
30-14 (2) the attorney representing the local domestic
30-15 relations office;
30-16 (3) the attorney appointed a friend of the court as
30-17 provided in Chapter 202;
30-18 (4) the obligor or obligee; or
30-19 (5) a private attorney representing the obligor or
30-20 obligee.
30-21 (c) The Title IV-D agency may [shall] in a Title IV-D case
30-22 file a notice of application for judicial writ of withholding on
30-23 request of the obligor or obligee.
30-24 SECTION 51. Section 158.302, Family Code, is amended to read
30-25 as follows:
31-1 Sec. 158.302. CONTENTS OF NOTICE OF APPLICATION FOR JUDICIAL
31-2 WRIT OF WITHHOLDING. The notice of application for judicial writ
31-3 of withholding shall be verified and:
31-4 (1) state the amount of monthly support due, including
31-5 medical support, the amount of arrearages or anticipated
31-6 arrearages, including accrued interest, and the amount of wages
31-7 that will be withheld in accordance with a judicial [by the] writ
31-8 of withholding;
31-9 (2) state that the withholding applies to each current
31-10 or subsequent employer or period of employment;
31-11 (3) state that if the obligor does not contest the
31-12 withholding within 10 days after the date of receipt of the notice
31-13 [of withholding], the obligor's employer will be notified to begin
31-14 the withholding;
31-15 (4) describe the procedures for contesting the
31-16 issuance and delivery of a writ of withholding;
31-17 (5) state that if the obligor contests the
31-18 withholding, the obligor will be afforded an opportunity for a
31-19 hearing by the court not later than the 30th day after the date of
31-20 receipt of the notice of contest;
31-21 (6) state that the sole ground for successfully
31-22 contesting the issuance of a writ [notice] of withholding is a
31-23 dispute concerning the identity of the obligor or the existence or
31-24 amount of the arrearages, including accrued interest;
31-25 (7) describe the actions that may be taken [the
32-1 attorney will take] if the obligor contests the notice of
32-2 application for judicial writ of withholding, including the
32-3 procedures for suspending issuance of a writ of withholding; and
32-4 (8) include with the notice a suggested form for the
32-5 motion to stay issuance and delivery of the judicial writ of
32-6 withholding that the obligor may file with the clerk of the
32-7 appropriate court.
32-8 SECTION 52. Subsections (a) and (c), Section 158.303, Family
32-9 Code, are amended to read as follows:
32-10 (a) The [In a Title IV-D case, the] registration of a
32-11 foreign support order as provided in Chapter 159 is sufficient for
32-12 the filing of a notice of application for judicial writ of
32-13 withholding.
32-14 (c) Notice of application for judicial writ of withholding
32-15 may be delivered to the obligor at the same time that an order is
32-16 filed for registration under Chapter 159.
32-17 SECTION 53. Section 158.304, Family Code, is amended to read
32-18 as follows:
32-19 Sec. 158.304. ADDITIONAL ARREARAGES [ANTICIPATED
32-20 VIOLATIONS]. If the notice of application for judicial writ of
32-21 withholding states [claims] that the obligor has repeatedly failed
32-22 to pay support in accordance with the underlying support [violated
32-23 the] order, the judicial writ may include arrearages that accrue
32-24 [movant may plead anticipated future violations of a similar nature
32-25 may arise] between the filing of the notice and the date of the
33-1 hearing or the issuance of a judicial writ of withholding.
33-2 SECTION 54. Section 158.306, Family Code, is amended to read
33-3 as follows:
33-4 Sec. 158.306. DELIVERY OF NOTICE OF APPLICATION FOR JUDICIAL
33-5 WRIT OF WITHHOLDING; TIME OF DELIVERY. (a) A notice of
33-6 application for judicial writ of withholding may be delivered to
33-7 the obligor by:
33-8 (1) hand delivery by a person designated by the Title
33-9 IV-D agency or local domestic relations office;
33-10 (2) first-class or certified mail, return receipt
33-11 requested, addressed to the obligor's last known address or place
33-12 of employment; or
33-13 (3) by service of citation as in civil cases
33-14 generally.
33-15 (b) If the notice is delivered by mailing or hand delivery,
33-16 the party [attorney] who filed the notice shall file with the court
33-17 a certificate stating the name, address, and date on which the
33-18 mailing or hand delivery was made.
33-19 (c) Notice is considered to have been received by the
33-20 obligor:
33-21 (1) if hand delivered, on the date of delivery;
33-22 (2) if mailed by certified mail, on the date of
33-23 receipt;
33-24 (3) if mailed by first-class mail, on the 10th day
33-25 after the date the notice was mailed; or
34-1 (4) if delivered by service of citation, on the date
34-2 of service.
34-3 SECTION 55. Subsection (a), Section 158.307, Family Code, is
34-4 amended to read as follows:
34-5 (a) The obligor may stay issuance of a judicial writ of
34-6 withholding by filing a motion to stay [issuance] with the clerk of
34-7 court not later than the 10th day after the date the notice of
34-8 application for judicial writ of withholding was received.
34-9 SECTION 56. Section 158.308, Family Code, is amended to read
34-10 as follows:
34-11 Sec. 158.308. EFFECT OF FILING MOTION TO STAY. The filing
34-12 of a motion to stay [issuance] by an obligor in the manner provided
34-13 by Section 158.307 prohibits the clerk of court from delivering the
34-14 judicial writ of [income] withholding to any employer of the
34-15 obligor before a hearing is held.
34-16 SECTION 57. Section 158.309, Family Code, is amended to read
34-17 as follows:
34-18 Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion
34-19 to stay [issuance] is filed in the manner provided by Section
34-20 158.307, the court shall set a hearing on the motion and the clerk
34-21 of court shall notify the obligor, obligee, or their authorized
34-22 representatives, and the party [attorney] who filed the application
34-23 for judicial writ [notice] of withholding of the date, time, and
34-24 place of the hearing.
34-25 (b) The court shall hold a hearing on the motion to stay not
35-1 later than the 30th day after the date the motion was filed, except
35-2 that a hearing [on a motion to stay in a proceeding that is not in
35-3 a Title IV-D case] may be held later than the 30th day after filing
35-4 if both the obligor and obligee agree and waive the right to have
35-5 the motion heard within 30 days.
35-6 (c) Upon [After the] hearing, the court shall:
35-7 (1) render an order for income withholding that
35-8 includes a determination of the amount of child support arrearages,
35-9 including medical support and interest; or
35-10 (2) grant the motion to stay [deny the requested
35-11 relief not later than the 45th day after the date the notice of
35-12 withholding was received by the obligor].
35-13 SECTION 58. Subsections (a) and (c), Section 158.310, Family
35-14 Code, are amended to read as follows:
35-15 (a) A defect in a notice of application for judicial writ of
35-16 withholding is waived unless the respondent specially excepts in
35-17 writing and cites with particularity the alleged defect, obscurity,
35-18 or other ambiguity in the notice.
35-19 (c) If the court sustains an exception, the court shall
35-20 provide the party [attorney] filing the notice [of withholding] an
35-21 opportunity to refile [the notice] and the court shall continue the
35-22 hearing to a date certain without the requirement of additional
35-23 service.
35-24 SECTION 59. Subsection (a), Section 158.311, Family Code, is
35-25 amended to read as follows:
36-1 (a) Payment of arrearages after receipt of notice of
36-2 application for judicial writ of withholding may not be the sole
36-3 basis for the court to refuse to order withholding.
36-4 SECTION 60. Subsection (a), Section 158.312, Family Code, is
36-5 amended to read as follows:
36-6 (a) If a notice of application for judicial writ of
36-7 withholding is delivered and a motion to stay is not filed within
36-8 the time limits provided by Section 158.307, the party [attorney]
36-9 who filed the notice [of withholding] shall file with the clerk of
36-10 the court a request for issuance of the writ of withholding stating
36-11 the amount of current support, including medical support, the
36-12 amount of arrearages, and the amount to be withheld from the
36-13 obligor's income [by the clerk of the court].
36-14 SECTION 61. Section 158.314, Family Code, is amended to read
36-15 as follows:
36-16 Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The judicial
36-17 writ of income withholding issued by the clerk must direct that the
36-18 employer or a subsequent employer [to] withhold from the obligor's
36-19 disposable income for current child support, including medical
36-20 support, and child support arrearages an amount that is consistent
36-21 with the provisions of this chapter regarding orders of
36-22 withholding.
36-23 SECTION 62. Section 158.315, Family Code, is amended to read
36-24 as follows:
36-25 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE BY PARTY
37-1 [ATTORNEY]; UNREASONABLE HARDSHIP. If the party [attorney] who
37-2 filed the notice of application for judicial writ of withholding
37-3 finds that the schedule for repaying arrearages would cause the
37-4 obligor, the obligor's family, or the children for whom the support
37-5 is due from the obligor to suffer unreasonable hardship, the party
37-6 [attorney] may extend the payment period in the writ.
37-7 SECTION 63. Section 158.317, Family Code, is amended to read
37-8 as follows:
37-9 Sec. 158.317. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR
37-10 JUDICIAL WRIT OF WITHHOLDING. (a) Not later than the 30th day
37-11 after the date of the first pay period following the date of
37-12 delivery of the writ of withholding to the obligor's employer, the
37-13 obligor may file an affidavit with the court that a motion to stay
37-14 [issuance and delivery] was not timely filed because the notice of
37-15 application for judicial writ of withholding was not received by
37-16 the obligor and that grounds exist for a motion to stay [issuance
37-17 and delivery].
37-18 (b) Concurrently with the filing of the affidavit, the
37-19 obligor may file a motion to withdraw the writ of [income]
37-20 withholding and request a hearing on the applicability of the writ
37-21 [notice of delinquency].
37-22 (c) Income withholding may not be interrupted until after
37-23 the hearing at which the court renders an order denying or
37-24 modifying withholding.
37-25 SECTION 64. Section 158.319, Family Code, is amended to read
38-1 as follows:
38-2 Sec. 158.319. ISSUANCE AND DELIVERY OF JUDICIAL WRIT OF
38-3 WITHHOLDING TO SUBSEQUENT EMPLOYER. (a) After the issuance of a
38-4 judicial writ of withholding by the clerk, a party [an attorney]
38-5 authorized to file a notice of application for judicial writ of
38-6 withholding under this subchapter may issue the judicial writ of
38-7 withholding to a subsequent employer of the obligor by delivering
38-8 to the employer by certified mail a copy of the writ.
38-9 (b) The judicial writ of withholding must include the name,
38-10 address, and signature of the party [attorney] and clearly indicate
38-11 that the writ is being issued to a subsequent employer.
38-12 (c) The party [attorney] shall file a copy of the judicial
38-13 writ of withholding with the clerk not later than the third working
38-14 day following delivery of the writ to the subsequent employer. The
38-15 party [attorney] shall pay the clerk a fee of $15 at the time the
38-16 copy of the writ is filed.
38-17 (d) The party [attorney] shall file the postal return
38-18 receipt from the delivery to the subsequent employer not later than
38-19 the third working day after the party [attorney] receives the
38-20 receipt.
38-21 SECTION 65. Subsection (b), Section 158.401, Family Code, is
38-22 amended to read as follows:
38-23 (b) At the request of the [The] Title IV-D agency, [shall
38-24 cause] the clerk of the court shall [to] issue a judicial [and to
38-25 deliver a] writ of withholding to the obligor's employer reflecting
39-1 any modification or changes in the amount to be withheld or the
39-2 termination of withholding.
39-3 SECTION 66. Section 158.402, Family Code, is amended to read
39-4 as follows:
39-5 Sec. 158.402. [EFFECT OF] AGREEMENT BY PARTIES REGARDING
39-6 AMOUNT OR DURATION OF WITHHOLDING. (a) An [If an] obligor and
39-7 obligee may agree on a reduction in or termination of income
39-8 withholding for child support on the occurrence of one of the
39-9 following contingencies stated in the order:
39-10 (1) the child becomes 18 years of age or is graduated
39-11 from high school, whichever is later;
39-12 (2) the child's disabilities of minority are removed
39-13 by marriage, court order, or other operation of law; or
39-14 (3) the child dies.
39-15 (b) The[, the] obligor and obligee may file a notarized or
39-16 acknowledged request with the clerk of the court under Section
39-17 158.011 for a revised judicial writ of withholding, including the
39-18 termination of withholding.
39-19 (c) The clerk shall issue and deliver to an employer of the
39-20 obligor a judicial writ of withholding [to the obligor's employer]
39-21 that reflects the agreed revision [modification] or [the]
39-22 termination of withholding.
39-23 (d) An agreement by the parties under this section does not
39-24 modify the terms of a support order.
39-25 SECTION 67. Chapter 158, Family Code, is amended by adding
40-1 Subchapter F to read as follows:
40-2 SUBCHAPTER F. ADMINISTRATIVE WRIT OF WITHHOLDING
40-3 IN TITLE IV-D CASES
40-4 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF
40-5 WITHHOLDING. The Title IV-D agency may initiate income withholding
40-6 by issuing an administrative writ of withholding for the
40-7 enforcement of an existing order as authorized by this subchapter.
40-8 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
40-9 ISSUED. An administrative writ of withholding under this
40-10 subchapter may be issued at any time until all current support,
40-11 including medical support, and child support arrearages have been
40-12 paid.
40-13 Sec. 158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER;
40-14 FILING WITH COURT. (a) An administrative writ of withholding
40-15 issued under this subchapter may be delivered to an employer by
40-16 mail or by electronic transmission.
40-17 (b) Not later than the third business day after the date of
40-18 delivery of the administrative writ of withholding to an employer,
40-19 the Title IV-D agency shall file a copy of the writ, together with
40-20 a certificate of service, in the court of continuing jurisdiction.
40-21 (c) The copy of the administrative writ of withholding filed
40-22 with the clerk of court must include:
40-23 (1) the name, address, and signature of the authorized
40-24 attorney or individual that issued the writ;
40-25 (2) the name and address of the employer served with
41-1 the writ; and
41-2 (3) a true copy of the information provided to the
41-3 employer.
41-4 Sec. 158.504. CONTENTS OF ADMINISTRATIVE WRIT OF
41-5 WITHHOLDING. (a) The administrative writ of withholding must be
41-6 in the form prescribed by the Title IV-D agency as required by this
41-7 chapter and in a standard format authorized by the United States
41-8 Department of Health and Human Services.
41-9 (b) An administrative writ of withholding issued under this
41-10 subchapter may contain only the information that is necessary for
41-11 the employer to comply with the existing withholding order,
41-12 including the amount of current support and medical support, the
41-13 amount of arrearages, accrued interest, and the amount of earnings
41-14 to be withheld.
41-15 Sec. 158.505. NOTICE TO OBLIGOR. (a) On issuance of an
41-16 administrative writ of withholding, the Title IV-D agency shall
41-17 send the obligor:
41-18 (1) notice that the withholding has commenced;
41-19 (2) notice of the procedures to follow if the obligor
41-20 desires to contest withholding on the grounds that the identity of
41-21 the obligor or the existence or amount of arrearages is incorrect;
41-22 and
41-23 (3) a copy of the administrative writ, including the
41-24 information concerning income withholding provided in the original
41-25 writ to the employer.
42-1 (b) The notice required under this section may be sent to
42-2 the obligor by:
42-3 (1) personal delivery by a person designated by the
42-4 Title IV-D agency;
42-5 (2) first-class mail or certified mail, return receipt
42-6 requested, addressed to the obligor's last known address; or
42-7 (3) service of citation as in civil cases generally.
42-8 (c) The copy of the administrative writ of withholding
42-9 delivered to the obligor shall include the information concerning
42-10 income withholding provided in the original writ to the employer.
42-11 Sec. 158.506. CONTEST BY OBLIGOR TO ADMINISTRATIVE WRIT OF
42-12 WITHHOLDING. (a) An obligor receiving the notice under Section
42-13 158.503 may request a review by the Title IV-D agency to resolve
42-14 any issue in dispute regarding the identity of the obligor or the
42-15 existence or amount of arrearages. The Title IV-D agency shall
42-16 provide an opportunity for a review, by telephonic conference or in
42-17 person, as may be appropriate under the circumstances.
42-18 (b) After a review under this section, the Title IV-D agency
42-19 may issue a new administrative writ of withholding to the employer,
42-20 including a writ modifying the amount to be withheld or terminating
42-21 withholding.
42-22 (c) If a review under this section fails to resolve any
42-23 issue in dispute, the obligor is entitled to the remedies provided
42-24 by Section 158.317 for cases in which a notice of an application
42-25 for judicial writ of withholding was not received. The obligor may
43-1 file a motion with the court to withdraw the administrative writ
43-2 and request a hearing with the court not later than the 30th day
43-3 after receiving notice of the agency's determination. Income
43-4 withholding may not be interrupted pending a hearing by the court.
43-5 Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
43-6 An administrative writ to terminate withholding may be issued and
43-7 delivered to an employer by the Title IV-D agency when all current
43-8 support, including medical support, and child support arrearages
43-9 have been paid.
43-10 Sec. 158.508. INTERSTATE REQUEST FOR INCOME WITHHOLDING. An
43-11 administrative writ of withholding may be issued in a Title IV-D
43-12 interstate case on registration of a foreign support order as
43-13 provided in Chapter 159.
43-14 SECTION 68. Section 231.002, Family Code, is amended by
43-15 amending Subsection (d) and adding Subsections (e) and (f) to read
43-16 as follows:
43-17 (d) The Title IV-D agency may take the following
43-18 administrative actions [any action] with respect to the location of
43-19 a parent, the determination of parentage, and the establishment,
43-20 modification, and enforcement of child support and medical support
43-21 orders required by 42 U.S.C. Section 666(c), without obtaining an
43-22 order from any other judicial or administrative tribunal:
43-23 (1) issue an administrative subpoena, as provided by
43-24 Section 231.303, to obtain financial or other information;
43-25 (2) order genetic testing for parentage determination,
44-1 as provided by Chapter 233;
44-2 (3) order income withholding, as provided by Chapter
44-3 233, and issue an administrative writ of withholding, as provided
44-4 by Chapter 158; and
44-5 (4) take any action with respect to execution,
44-6 collection, and release of a judgment or lien for child support
44-7 necessary to satisfy the judgment or lien, as provided by Chapter
44-8 157.
44-9 (e) The Title IV-D agency shall recognize and enforce the
44-10 authority of the Title IV-D agency of another state to take actions
44-11 similar to the actions listed in Subsection (d).
44-12 (f) The Title IV-D agency shall develop and use procedures
44-13 for the administrative enforcement of interstate cases meeting the
44-14 requirements of 42 U.S.C. Section 666(a)(14) under which the
44-15 agency:
44-16 (1) shall respond within five business days to a
44-17 request made by another state for assistance in a Title IV-D case;
44-18 and
44-19 (2) may, by electronic or other means, transmit to
44-20 another state a request for assistance in a Title IV-D case.
44-21 SECTION 69. Section 231.101, Family Code, is amended by
44-22 amending Subsection (b) and adding Subsections (c) and (d) to read
44-23 as follows:
44-24 (b) At the request of either the obligee or obligor
44-25 [parent], the Title IV-D agency shall review a child support order
45-1 once every three years and, if appropriate, adjust the support
45-2 amount to meet the requirements of the child support guidelines
45-3 under Chapter 154.
45-4 (c) Except as notice is included in the child support order,
45-5 a party subject to a support order shall be provided notice not
45-6 less than once every three years of the party's right to request
45-7 that the Title IV-D agency review and, if appropriate, adjust the
45-8 amount of ordered support.
45-9 (d) The Title IV-D agency may review a support order at any
45-10 time on a showing of a material and substantial change in
45-11 circumstances, taking into consideration the best interests of the
45-12 child.
45-13 SECTION 70. Subsection (a), Section 231.104, Family Code, is
45-14 amended to read as follows:
45-15 (a) To the extent authorized by law, the [The] approval of
45-16 an application for or the receipt of financial assistance as
45-17 provided by Chapter 31, Human Resources Code, constitutes an
45-18 assignment to the Title IV-D agency of any rights to support from
45-19 any other person that the applicant or recipient may have
45-20 personally or for a child for whom the applicant or recipient is
45-21 claiming assistance, including the right to the amount accrued at
45-22 the time the application is filed or the assistance is received.
45-23 SECTION 71. Section 231.105, Family Code, is amended to read
45-24 as follows:
45-25 Sec. 231.105. NOTICE OF CHANGE OF PAYEE [ASSIGNMENT].
46-1 (a) Child support payments for the benefit of a child whose
46-2 support rights have been assigned to the Title IV-D agency shall be
46-3 made payable to and transmitted to the Title IV-D agency.
46-4 (b) If a court has ordered support payments to be made to an
46-5 applicant for or recipient of financial assistance or to a person
46-6 other than the applicant or recipient, the Title IV-D agency shall,
46-7 on providing notice to the obligee and the obligor, direct the
46-8 obligor or other payor to make support payments payable to the
46-9 Title IV-D agency and to transmit the payments to the agency. The
46-10 Title IV-D agency shall [may] file a copy of the notice [of the
46-11 assignment] with the court ordering the payments and with the child
46-12 support registry. The notice must include:
46-13 (1) a statement that the child is an applicant for or
46-14 recipient of financial assistance, or a child other than a
46-15 recipient child for whom services are provided;
46-16 (2) the name of the child and the caretaker for whom
46-17 support has been ordered by the court;
46-18 (3) the style and cause number of the case in which
46-19 support was ordered; and
46-20 (4) instructions for the payment of [a request that
46-21 the payments] ordered support [be made payable and transmitted] to
46-22 the agency.
46-23 (c) On receipt of a copy of the notice under Subsection (b)
46-24 [and without a requirement of a hearing], the clerk of the court
46-25 shall file the notice in the appropriate case file [order that the
47-1 payments be made to the Title IV-D agency].
47-2 SECTION 72. Section 231.106, Family Code, is amended to read
47-3 as follows:
47-4 Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) On
47-5 termination of support rights to the Title IV-D agency, the [The]
47-6 Title IV-D agency shall, after providing notice to the obligee and
47-7 the obligor, send [may file] a notice of termination of assignment
47-8 to the obligor or other payor, which may direct [include a request]
47-9 that all or a portion of the payments be made payable to the agency
47-10 and to other persons who are entitled to receive the payments.
47-11 (b) The Title IV-D agency shall send a copy of the notice of
47-12 termination of assignment to the court ordering the support and to
47-13 the child support registry, and on [On] receipt of the notice [of
47-14 termination of assignment] the clerk of the court shall file the
47-15 notice in the appropriate case file [order that the payments be
47-16 directed as stated in the notice].
47-17 SECTION 73. Section 231.107, Family Code, is amended to read
47-18 as follows:
47-19 Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
47-20 ASSIGNMENT. If an abstract of judgment or a child support lien on
47-21 support amounts assigned to the Title IV-D agency under this
47-22 chapter has previously been filed of record, the agency shall file
47-23 for recordation, with the county clerk of each county in which such
47-24 abstract or lien has been filed, a certificate that a notice of
47-25 change of payee [an order of assignment] or a notice of termination
48-1 of assignment has been issued by the agency.
48-2 SECTION 74. Section 231.108, Family Code, is amended by
48-3 adding Subsection (e) to read as follows:
48-4 (e) The Title IV-D agency may not release information on the
48-5 physical location of a person if:
48-6 (1) a protective order has been entered with respect
48-7 to the person; or
48-8 (2) there is reason to believe that the release of
48-9 information may result in physical or emotional harm to the person.
48-10 SECTION 75. Subchapter B, Chapter 231, Family Code, is
48-11 amended by adding Section 231.115 to read as follows:
48-12 Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC
48-13 ASSISTANCE. (a) The failure by a person who is a recipient of
48-14 public assistance under Chapter 31, Human Resources Code, to
48-15 provide accurate information as required by Section 31.0315, Human
48-16 Resources Code, shall serve as the basis for a determination by the
48-17 Title IV-D agency that the person did not cooperate with the Title
48-18 IV-D agency.
48-19 (b) The Title IV-D agency shall adopt rules establishing the
48-20 actions or failures to act by a recipient of public assistance that
48-21 constitute noncooperation with the Title IV-D agency.
48-22 (c) In adopting rules under this section that establish the
48-23 basis for determining that a person has failed to cooperate with
48-24 the Title IV-D agency, the Title IV-D agency shall consider
48-25 whether:
49-1 (1) good cause exists for the failure to cooperate;
49-2 (2) the person has failed to disclose the name and
49-3 location of an alleged or probable parent of the child, if known by
49-4 the person, at the time of applying for public assistance or at a
49-5 subsequent time; and
49-6 (3) the person named a man as the alleged father and
49-7 the man was subsequently excluded by parentage testing as being the
49-8 father if the person has previously named another man as the
49-9 child's father.
49-10 SECTION 76. Section 231.301, Family Code, is amended to read
49-11 as follows:
49-12 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. The
49-13 parent locator service conducted by the Title IV-D agency shall be
49-14 used to obtain information for child support enforcement purposes
49-15 regarding the identity, social security number, location
49-16 [whereabouts], employer and employment benefits, income, and assets
49-17 or debts [holdings] of any individual under an obligation to pay
49-18 child or medical support or to whom a support obligation is owed
49-19 [person when the information is to be used for the purposes of
49-20 locating the person and establishing or enforcing a support or
49-21 medical support obligation against the person].
49-22 SECTION 77. Section 231.302, Family Code, is amended by
49-23 amending Subsections (a), (b), and (e) and adding Subsection (g) to
49-24 read as follows:
49-25 (a) The Title IV-D agency of this or another state may
50-1 [shall attempt to locate a person needed to establish or enforce a
50-2 support or medical support obligation and is entitled to] request
50-3 and obtain information relating to the identity, location,
50-4 employment, compensation, benefits, income, and property holdings
50-5 or other assets of any [the] person from a state or local
50-6 government agency, private company, institution, or other entity as
50-7 necessary to establish, modify, or enforce a support order
50-8 [implement this chapter].
50-9 (b) A [state] government agency, private company,
50-10 institution, or other entity shall provide the [furnishing]
50-11 information requested under Subsection (a) and shall provide the
50-12 information, subject to safeguards for privacy and information
50-13 security, in the most efficient and expeditious manner available,
50-14 including electronic or automated transfer and interface. An
50-15 individual or entity disclosing information under this section in
50-16 response to a request from a Title IV-D agency may not be held
50-17 liable in a civil action or proceeding for the disclosure of the
50-18 information.
50-19 (e) Except as provided by Subsection (d), a social security
50-20 number provided under this section is confidential and may be
50-21 disclosed only for the purposes of responding to a request for
50-22 information from an agency operating under the provisions of Part
50-23 [Parts] A or [and] D of Title IV of the federal Social Security Act
50-24 (42 U.S.C. Sections 601 et seq. [601-617] and 651 et seq.
50-25 [651-669]).
51-1 (g) In this section, "licensing authority" has the meaning
51-2 assigned by Section 232.001.
51-3 SECTION 78. Section 231.303, Family Code, is amended to read
51-4 as follows:
51-5 Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The
51-6 Title IV-D agency of this state or another state may issue an
51-7 administrative subpoena to any individual or private or public
51-8 entity in this state [organization] to furnish information
51-9 necessary to carry out the purposes [provisions] of child support
51-10 enforcement under 42 U.S.C. Section 651 et seq. or this chapter.
51-11 (b) An individual or entity [organization] receiving an
51-12 administrative [a] subpoena under this section shall comply with
51-13 the subpoena. The Title IV-D agency may impose a fine in an amount
51-14 not to exceed $500 on an individual or entity that fails without
51-15 good cause to comply with an administrative subpoena. An alleged
51-16 or presumed father or a parent who fails to comply with a subpoena
51-17 without good cause may also be subject to license suspension under
51-18 Chapter 232.
51-19 (c) A court may compel compliance with an administrative
51-20 subpoena and with any administrative fine for failure to comply
51-21 with the subpoena and may award attorney's fees and costs to the
51-22 Title IV-D agency in enforcing an administrative subpoena on proof
51-23 that an individual or organization failed without good cause to
51-24 comply with the subpoena.
51-25 (d) An individual or organization may not be liable in a
52-1 civil action or proceeding for disclosing financial or other
52-2 information to a Title IV-D agency under this section. The Title
52-3 IV-D agency may disclose information in a financial record obtained
52-4 from a financial institution only to the extent necessary to
52-5 establish, modify, or enforce a child support obligation.
52-6 SECTION 79. Subchapter D, Chapter 231, Family Code, is
52-7 amended by adding Section 231.307 to read as follows:
52-8 Sec. 231.307. FINANCIAL INSTITUTION DATA MATCHES. (a) The
52-9 Title IV-D agency shall develop a system meeting the requirements
52-10 of 42 U.S.C. Section 666(a)(17) for the quarterly exchange of data
52-11 with financial institutions doing business in the state to identify
52-12 an account of an obligor owing past-due child support and enforce
52-13 support obligations against the obligor.
52-14 (b) The Title IV-D agency by rule shall establish procedures
52-15 for data matches authorized under this section.
52-16 (c) A financial institution providing information or
52-17 responding to a notice of child support lien provided under
52-18 Subchapter G, Chapter 157, or otherwise acting in good faith to
52-19 comply with the Title IV-D agency's procedures under this section
52-20 may not be liable under any federal or state law for any damages
52-21 that arise from those acts.
52-22 (d) In this section:
52-23 (1) "Financial institution" has the meaning assigned
52-24 by 42 U.S.C. Section 669a(d)(1); and
52-25 (2) "Account" means a demand deposit account, checking
53-1 or negotiable withdrawal order account, savings account, time
53-2 deposit account, or money market mutual fund account.
53-3 SECTION 80. Subchapter E, Chapter 231, Family Code, is
53-4 redesignated as Chapter 233, Family Code, and amended to read as
53-5 follows:
53-6 CHAPTER 233 [SUBCHAPTER E]. CHILD SUPPORT REVIEW PROCESS
53-7 TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONS
53-8 Sec. 233.001 [231.401]. PURPOSE. (a) The purpose of the
53-9 procedures specified in the child support review process authorized
53-10 by this chapter [subchapter] is to enable the Title IV-D agency
53-11 [provide child support agencies an opportunity] to take expedited
53-12 administrative [resolve routine child support] actions to
53-13 establish, modify, and enforce child support and medical support
53-14 obligations, to determine parentage, or to take any other action
53-15 authorized or required under Part D, Title IV, of the federal
53-16 Social Security Act (42 U.S.C. Section 651 et seq.), and Chapter
53-17 231 [through agreement of the parties or uncontested orders].
53-18 (b) A child support review order issued under this chapter
53-19 and confirmed by a court constitutes an order of the court and is
53-20 enforceable by any means available for the enforcement of child
53-21 support obligations under this code, including withholding income,
53-22 filing a child support lien, and suspending a license under Chapter
53-23 232.
53-24 Sec. 233.002 [231.402]. AGREEMENTS ENCOURAGED. To the
53-25 extent permitted by this chapter [subchapter], the Title IV-D
54-1 agency [child support agencies] shall [make the child support
54-2 review process understandable to all parties and shall] encourage
54-3 agreement of the parties [agreements].
54-4 Sec. 233.003 [231.403]. BILINGUAL FORMS REQUIRED. A notice
54-5 or other form used to implement administrative procedures under
54-6 this chapter [the child support review process] shall be printed in
54-7 both Spanish and English.
54-8 Sec. 233.004 [231.404]. INTERPRETER REQUIRED. If a party
54-9 participating in an administrative proceeding under this chapter [a
54-10 negotiation conference] does not speak English or is hearing
54-11 impaired, the Title IV-D [child support] agency shall provide for
54-12 interpreter services at no charge to the party [parties].
54-13 Sec. 233.005 [231.405]. INITIATING Administrative Actions
54-14 [CHILD SUPPORT REVIEW]. An administrative action under this
54-15 chapter [subchapter] may be initiated by issuing a notice of child
54-16 support review under Section 233.006 or a notice of proposed child
54-17 support review order under Section 233.009 to each party entitled
54-18 to notice.
54-19 Sec. 233.006 [231.406]. CONTENTS OF NOTICE OF CHILD SUPPORT
54-20 REVIEW. (a) The notice of child support review issued by the
54-21 Title IV-D agency must:
54-22 (1) describe the procedure for a child support review,
54-23 including the procedures for requesting a negotiation conference;
54-24 (2) inform the recipient that the recipient may be
54-25 represented by legal counsel during the review process or at a
55-1 court hearing;
55-2 (3) inform the recipient that the recipient may refuse
55-3 to participate or cease participation in the child support review
55-4 process, but that the refusal by the recipient to participate will
55-5 not prevent the completion of the process or the filing of a child
55-6 support review order;
55-7 (4) include an affidavit of financial resources to be
55-8 executed by the recipient; and
55-9 (5) include a request that the recipient designate, on
55-10 a form provided by the Title IV-D [child support] agency, an
55-11 address for mailing any subsequent [additional] notice to the
55-12 recipient.
55-13 (b) In addition to the information required by Subsection
55-14 (a), the notice of child support review must inform the recipient
55-15 that:
55-16 (1) the information requested on the form must be
55-17 returned to the Title IV-D [child support] agency not later than
55-18 the 15th day after the date the notice is received or delivered;
55-19 and
55-20 (2) if the requested information is not returned as
55-21 required, the [child support] agency may:
55-22 (A) [may] proceed with the review using the
55-23 information that is available to the agency; and
55-24 (B) [may] file a legal action without further
55-25 notice to the recipient, except as otherwise required by law.
56-1 Sec. 233.007 [231.407]. Service of NOTICE [BY MAIL]. (a) A
56-2 notice required in an administrative action under this chapter may
56-3 [subchapter must] be delivered by personal service or [served by]
56-4 first class mail [or certified mail] on each party entitled to
56-5 citation or notice as provided by Chapter 102.
56-6 (b) This section does not apply to notice required on filing
56-7 of a child support review order or to later judicial actions.
56-8 Sec. 233.008 [231.408]. ADMINISTRATIVE SUBPOENA IN CHILD
56-9 SUPPORT REVIEW. [(a)] In a child support review under this
56-10 chapter [subchapter], the Title IV-D [a child support] agency may
56-11 issue an administrative subpoena authorized under Chapter 231 to
56-12 any individual or organization believed to have financial or other
56-13 information needed to establish, modify, or enforce a support order
56-14 [on the financial resources of the parent or presumed or alleged
56-15 father].
56-16 [(b) A court may compel compliance with an administrative
56-17 subpoena and award attorney's fees and costs to a child support
56-18 agency enforcing an administrative subpoena on proof that an
56-19 individual or organization failed to comply with the subpoena
56-20 without good cause.]
56-21 Sec. 233.009 [231.409]. Notice of Proposed Child Support
56-22 Review Order; [SCHEDULING] NEGOTIATION CONFERENCE. (a) After an
56-23 investigation and assessment of financial resources, the Title IV-D
56-24 agency may serve on the parties a notice of proposed child support
56-25 review order in enforcing or modifying an existing order.
57-1 (b) The notice of proposed child support review order shall
57-2 state:
57-3 (1) the amount of periodic payment of child support
57-4 due, the amount of any overdue support that is owed as an arrearage
57-5 as of the date of the notice, and the amounts that are to be paid
57-6 by the obligor for current support due and in payment on the
57-7 arrearage owed;
57-8 (2) that the person identified in the notice as the
57-9 party responsible for payment of the support amounts may contest
57-10 the notice order on the grounds that:
57-11 (A) the respondent is not the responsible party;
57-12 (B) the dependent child is no longer entitled to
57-13 child support; or
57-14 (C) the amount of monthly support or arrearage
57-15 is incorrectly stated; and
57-16 (3) that, if the person identified in the notice as
57-17 the party responsible for payment of the support amounts does not
57-18 contest the notice in writing or request a negotiation conference
57-19 to discuss the notice not later than the 15th day after the date
57-20 the notice was delivered, the Title IV-D agency may file a child
57-21 support review order for child support and for medical support for
57-22 the child as provided by Chapter 154 according to the information
57-23 available to the agency.
57-24 (c) The Title IV-D [child support] agency may schedule a
57-25 negotiation conference without a request from a party.
58-1 (d) [(b)] The Title IV-D [child support] agency shall
58-2 schedule a negotiation conference on the timely request of a party.
58-3 (e) The agency may conduct a [(c) A] negotiation
58-4 conference, or any part of a negotiation conference, [may be
58-5 conducted] by telephone conference call, by video conference, as
58-6 well as in person and may adjourn the[. The negotiation]
58-7 conference [may be adjourned] for a reasonable time to permit
58-8 mediation of issues that cannot be resolved by the parties and the
58-9 [child support] agency.
58-10 Sec. 233.010 [231.410]. NOTICE OF [TIME FOR] NEGOTIATION
58-11 CONFERENCE; FAILURE TO ATTEND CONFERENCE [NOTICE REQUIRED].
58-12 (a) The Title IV-D agency shall notify all [All] parties entitled
58-13 to notice of the negotiation conference [shall be notified] of the
58-14 date, time, and place of the [negotiation] conference not later
58-15 than the 10th day before the date of the [negotiation] conference.
58-16 (b) If a party fails to attend the scheduled conference, the
58-17 agency may proceed with the review and file a child support review
58-18 order according to the information available to the agency.
58-19 Sec. 233.011 [231.411]. RESCHEDULING NEGOTIATION CONFERENCE;
58-20 NOTICE REQUIRED. (a) The Title IV-D agency may reschedule or
58-21 adjourn a [A] negotiation conference [may be rescheduled or
58-22 adjourned] on the request of any party [at the discretion of the
58-23 child support review officer].
58-24 (b) The Title IV-D agency shall give all [All] parties
58-25 [must be given] notice of a rescheduled conference [the
59-1 rescheduling] not later than the third day before the date of the
59-2 rescheduled [negotiation] conference.
59-3 Sec. 233.012 [231.412]. INFORMATION REQUIRED TO BE PROVIDED
59-4 AT NEGOTIATION CONFERENCE. At the beginning of the negotiation
59-5 conference, the child support review officer shall review with the
59-6 parties participating in the conference information provided in the
59-7 notice of child support review and inform the parties that:
59-8 (1) the purpose of the negotiation conference is to
59-9 provide an opportunity to reach an agreement on a child support
59-10 order;
59-11 (2) if the parties reach an agreement, the review
59-12 officer will prepare an agreed review order to be effective
59-13 immediately on being confirmed by the court, as provided by Section
59-14 233.024;
59-15 (3) a party does not have to sign a review order
59-16 prepared by the child support review officer but that the Title
59-17 IV-D agency may file a review order without the agreement of the
59-18 parties; [and]
59-19 (4) the parties may sign a waiver of the right to
59-20 service of process;
59-21 (5) a party may request a court hearing on a nonagreed
59-22 order at any time before the 20th day after the date a petition for
59-23 confirmation of the order is filed; and
59-24 (6) a party may file a motion for a new trial at any
59-25 time before the 30th day after an order is confirmed by the court.
60-1 Sec. 233.013 [231.413]. DETERMINING SUPPORT AMOUNT;
60-2 MODIFICATION. (a) The Title IV-D [A child support] agency may use
60-3 any information obtained by the agency from the parties or any
60-4 other source and shall apply the child support guidelines provided
60-5 by this code to determine the appropriate amount of child support.
60-6 (b) If it has been three years since a child support order
60-7 was rendered or last modified and the amount of the child support
60-8 award under the order differs by either 20 percent or $100 from the
60-9 amount that would be awarded under the child support guidelines,
60-10 the Title IV-D [child support] agency [determines that the support
60-11 amount in an existing child support order is not in substantial
60-12 compliance with the guidelines, the child support agency] shall
60-13 file [issue] an appropriate child support review order, including
60-14 an [a review] order that has the effect of modifying an existing
60-15 court or administrative order for child support without the
60-16 necessity of filing a motion to modify.
60-17 Sec. 233.014 [231.414]. RECORD of Proceedings [NOT
60-18 REQUIRED]. (a) For the purposes of this chapter [subchapter],
60-19 documentary evidence relied on by the child support review officer,
60-20 including an affidavit of a party, together with the child support
60-21 review order is a sufficient record of the proceedings.
60-22 (b) The Title IV-D [A child support] agency is not required
60-23 to make any other record or transcript of the negotiation
60-24 conference.
60-25 Sec. 233.015 [231.415]. ISSUANCE OF CHILD SUPPORT REVIEW
61-1 ORDER OR FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If a
61-2 [the] negotiation conference does not result in agreement by all
61-3 parties to the child support review order, the Title IV-D agency
61-4 [review officer] shall render [promptly issue and sign] a final
61-5 decision in the form of a child support review order or a
61-6 determination that the agency should not issue a child support
61-7 review order [should not be issued,] not later than the fifth day
61-8 after the date of the negotiation conference.
61-9 (b) If the Title IV-D agency determines [a determination is
61-10 made] that the agency should not issue a child support order [will
61-11 not be issued], the agency shall immediately provide each party
61-12 with notice of the determination [each party to a child support
61-13 review proceeding shall be furnished immediately] by personal
61-14 [hand] delivery or by first class mail [notice of the
61-15 determination].
61-16 (c) A determination that a child support order should not be
61-17 issued must include a statement of the reasons that an order is not
61-18 being issued and a statement that the agency's determination does
61-19 not affect the right of the Title IV-D agency or a party to request
61-20 any other remedy provided by law.
61-21 Sec. 233.016 [231.416]. VACATING CHILD SUPPORT REVIEW ORDER.
61-22 (a) The Title IV-D agency [review officer] may vacate a child
61-23 support review order [on the officer's own motion] at any time
61-24 before the order is filed with the court.
61-25 (b) A new negotiation conference, with notice to all
62-1 parties, may be scheduled or the Title IV-D agency [officer] may
62-2 make a determination that a child support review order should not
62-3 be issued and give notice of that determination as provided by this
62-4 chapter [subchapter].
62-5 Sec. 233.017 [231.417]. CONTENTS OF CHILD SUPPORT REVIEW
62-6 ORDER. (a) An [agreed child support review] order issued under
62-7 this chapter must be reviewed and signed by an attorney of the
62-8 Title IV-D agency and must contain all provisions that are
62-9 appropriate for an order under this title, including current child
62-10 support, medical support, a determination of any arrearages or
62-11 retroactive support, and, if not otherwise ordered, income
62-12 withholding.
62-13 (b) [A child support review order that is not agreed to must
62-14 include child support and medical support provisions, including a
62-15 determination of arrearages or retroactive support.]
62-16 [(c)] A child support review order providing for the
62-17 enforcement of an order may not contain a provision that imposes
62-18 incarceration or a fine or contains a finding of contempt.
62-19 (c) [(d)] A child support review order that establishes or
62-20 modifies an amount of previously ordered support must include the
62-21 findings required by Section 154.130.
62-22 (d) [(e)] A child support review order that is not agreed to
62-23 by all the parties may specify and reserve for the court at the
62-24 confirmation hearing unresolved issues relating to conservatorship
62-25 or possession of a child.
63-1 Sec. 233.018 [231.418]. ADDITIONAL CONTENTS OF AGREED CHILD
63-2 SUPPORT REVIEW ORDER. If a negotiation conference results in an
63-3 agreement of the parties, each party must sign the child support
63-4 review order and the order [must be signed by each party who agrees
63-5 to the order,] must contain [the provisions required by Section
63-6 231.417, and,] as to each party [in agreement with the order, must
63-7 contain]:
63-8 (1) a waiver by the party of the right to service of
63-9 process and a court hearing and the making of a record on the
63-10 petition for confirmation;
63-11 (2) the mailing address of the party; and
63-12 (3) the following statement printed on the order in
63-13 boldface or in all capital letters:
63-14 "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW
63-15 ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE
63-16 CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. [I KNOW THAT
63-17 I HAVE A RIGHT TO BE PERSONALLY SERVED WITH THE PETITION FOR
63-18 CONFIRMATION OF THIS ORDER.] I KNOW THAT I HAVE A RIGHT TO [CHANGE
63-19 MY MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS ORDER AND]
63-20 REQUEST THAT A COURT RECONSIDER THE ORDER [DECIDE THIS MATTER] BY
63-21 FILING A MOTION FOR A NEW TRIAL [REQUEST FOR COURT HEARING] AT ANY
63-22 TIME BEFORE THE 30TH [20TH] DAY AFTER THE DATE OF THE [PETITION
63-23 FOR] CONFIRMATION OF THE ORDER BY [IS FILED WITH THE CLERK OF] THE
63-24 COURT. [I KNOW THAT IF I FAIL TO FILE A REQUEST FOR A COURT
63-25 HEARING A COURT MAY CONFIRM AND APPROVE THIS ORDER WITHOUT A
64-1 HEARING, AND THE ORDER WILL BECOME A VALID COURT ORDER.] I KNOW
64-2 THAT IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN
64-3 CONTEMPT OF COURT."
64-4 Sec. 233.019 [231.419]. FILING OF AGREED REVIEW ORDER
64-5 [PETITION FOR CONFIRMATION]. (a) The Title IV-D [child support]
64-6 agency shall file an agreed child support review order and a waiver
64-7 of service signed by the parties [a petition for confirmation] with
64-8 the clerk of the court having continuing jurisdiction of the child
64-9 who is the subject of the order.
64-10 (b) If there is not a court of continuing jurisdiction, the
64-11 Title IV-D [child support] agency shall file the agreed review
64-12 order [petition for confirmation] with the clerk of a court having
64-13 jurisdiction under this title.
64-14 (c) If applicable, a statement of paternity or a written
64-15 report of a parentage testing expert and any documentary evidence
64-16 relied upon by the agency shall be filed with the agreed review
64-17 order as an exhibit to the order.
64-18 Sec. 233.020 [231.420]. CONTENTS OF PETITION FOR
64-19 CONFIRMATION OF NONAGREED ORDER[; DOCUMENTARY EVIDENCE TO BE FILED
64-20 WITH PETITION]. (a) A petition for confirmation of a child
64-21 support review order not agreed to by the parties must [shall]
64-22 include the final [child support] review order as an attachment to
64-23 the petition.
64-24 (b) Documentary evidence relied on by the Title IV-D [child
64-25 support] agency, including, if applicable, a statement of paternity
65-1 or a written report of a parentage testing expert, shall be filed
65-2 with the clerk as exhibits to the petition, but are not required to
65-3 be served on the parties. The petition must identify the exhibits
65-4 that are filed with the clerk.
65-5 Sec. 233.021 [231.421]. DUTIES OF CLERK OF COURT. (a) On
65-6 the filing of an agreed child support review order or of a petition
65-7 for confirmation of a nonagreed order issued by the Title IV-D
65-8 agency, the clerk of court shall endorse on the order or petition
65-9 the date and time [that] the order or petition is filed.
65-10 (b) In [If the petition is for] an original action, the
65-11 clerk shall endorse the appropriate court and cause number on the
65-12 agreed review order or on the petition for confirmation of a
65-13 nonagreed order.
65-14 (c) [If the petition is to confirm an agreed child support
65-15 review order under this subchapter, the child support agency shall
65-16 mail to each party that agreed to the order, at the address shown
65-17 on the order, a copy of the petition with the court, filing date,
65-18 and cause number of the case. The clerk shall note on the docket
65-19 that the notice was mailed. The child support agency shall file a
65-20 certificate of service showing the date of the mailing to each
65-21 party.]
65-22 [(d)] The clerk shall deliver by personal service [issue
65-23 service of citation, including] a copy of the petition for
65-24 confirmation of a nonagreed review order and a copy of the [child
65-25 support review] order, to each party entitled to service who has
66-1 not waived service.
66-2 (d) [(e)] A clerk of a district court is entitled to collect
66-3 in a child support review case the fees authorized in a Title IV-D
66-4 case by Chapter 231 [this chapter].
66-5 Sec. 233.022 [231.422]. FORM TO REQUEST A COURT HEARING ON
66-6 NONAGREED ORDER. (a) A court shall consider any responsive
66-7 pleading that is intended as an objection to confirmation of a
66-8 child support review order not agreed to by the parties, including
66-9 a general denial, as a request for a court hearing.
66-10 (b) The Title IV-D [child support] agency shall:
66-11 (1) make available to each clerk of court copies of
66-12 the form to request a court hearing on a nonagreed review order;
66-13 and
66-14 (2) provide the form to request a court hearing to a
66-15 party to the child support review proceeding on request of the
66-16 party.
66-17 (c) The clerk shall furnish the form to a party to the child
66-18 support review [a] proceeding [under this subchapter] on the
66-19 request of the party.
66-20 Sec. 233.023 [231.423]. TIME TO REQUEST A COURT HEARING. A
66-21 party may file a request for a court hearing not later than the
66-22 20th day after the date the petition for confirmation of a
66-23 nonagreed child support review order is delivered to the party
66-24 [served or mailed as provided by this subchapter].
66-25 Sec. 233.024 [231.424]. CONFIRMATION OF AGREED ORDER
67-1 [WITHOUT HEARING]. (a) If the court finds that all parties have
67-2 appropriately agreed to a child support review order and that there
67-3 is waiver of service, the court shall sign the order not later than
67-4 the third day after the filing of the order.
67-5 (b) On confirmation by the court, the Title IV-D agency
67-6 shall immediately deliver to each party a copy of the signed agreed
67-7 review order. [Not later than the 30th day after the date a
67-8 petition for confirmation that includes waivers by all parties is
67-9 filed or after the date of service is made on the last party
67-10 required to be served for a petition for confirmation that does not
67-11 include waivers, whichever is later, the court shall confirm the
67-12 child support review order by signing an order of confirmation
67-13 unless a party has filed a timely request for hearing or the court
67-14 has scheduled a hearing.]
67-15 Sec. 233.025 [231.425]. EFFECT OF REQUEST FOR HEARING ON
67-16 NONAGREED ORDER; PLEADING. (a) A request for hearing or an order
67-17 setting a hearing on confirmation of a nonagreed child support
67-18 review order stays confirmation of the order pending the hearing.
67-19 (b) At a hearing on confirmation, any [all] issues in
67-20 dispute [the child support review order] shall be heard in a trial
67-21 de novo.
67-22 (c) The petition for confirmation and the child support
67-23 review order constitute a sufficient pleading by the Title IV-D
67-24 [child support] agency for relief on any issue addressed in the
67-25 petition and order.
68-1 (d) The request for hearing may limit the scope of the de
68-2 novo hearing by specifying the issues that are in dispute.
68-3 Sec. 233.026 [231.426]. TIME FOR COURT HEARING. A court
68-4 shall hold a hearing on the confirmation of a child support review
68-5 order that has not been agreed to by the parties not later than the
68-6 30th day after the date the last party to be served files a timely
68-7 request for a court hearing.
68-8 Sec. 233.027 [231.427]. ORDER AFTER HEARING; EFFECT OF
68-9 CONFIRMATION ORDER. (a) After the hearing on the confirmation of
68-10 a nonagreed child support review order, the court shall:
68-11 (1) if the court finds that the order should be
68-12 confirmed, immediately sign a confirmation order and enter the
68-13 order as an order of the court;
68-14 (2) if the court finds that the relief granted in the
68-15 child support review order is inappropriate, sign an appropriate
68-16 order at the conclusion of the hearing or as soon after the
68-17 conclusion of the hearing as is practical and enter the order as an
68-18 order of the court; or
68-19 (3) if the court finds that all relief should be
68-20 denied, enter an order that denies relief and includes specific
68-21 findings explaining the reasons that relief is denied.
68-22 (b) On the signing of a confirmation order by the judge of
68-23 the court, the child support review order becomes a final order of
68-24 the court.
68-25 Sec. 233.0271. CONFIRMATION OF NONAGREED ORDER WITHOUT
69-1 HEARING. (a) If a request for hearing has not been timely
69-2 received, the court shall confirm and sign a nonagreed child
69-3 support review order not later than the 30th day after the date the
69-4 petition for confirmation was delivered to the last party entitled
69-5 to service.
69-6 (b) The Title IV-D agency shall immediately deliver a copy
69-7 of the confirmed nonagreed review order to each party, together
69-8 with notice of right to file a motion for a new trial not later
69-9 than the 30th day after the date the order was confirmed by the
69-10 court.
69-11 Sec. 233.028 [231.428]. SPECIAL CHILD SUPPORT REVIEW
69-12 PROCEDURES RELATING TO ESTABLISHMENT OF PARENTAGE. (a) If the
69-13 parentage of a child has not been established, the notice of child
69-14 support review delivered to [served on] the parties must include an
69-15 allegation that the recipient is a biological parent of the child.
69-16 The notice shall inform the parties that:
69-17 (1) not later than the 15th day after the date of
69-18 delivery of the notice, the alleged parent [father] of the child
69-19 shall either [may] sign a statement of paternity or an
69-20 acknowledgment of paternity or deny in writing that the alleged
69-21 parent is the biological parent of the child;
69-22 (2) either [and that any] party may request that
69-23 scientifically accepted parentage testing be conducted to assist in
69-24 determining the identities of the child's parents;
69-25 (3) if the alleged parent timely denies parentage of
70-1 the child, the Title IV-D agency shall order parentage testing; and
70-2 (4) if the alleged parent does not deny parentage of
70-3 the child, the Title IV-D agency may conduct a negotiation
70-4 conference.
70-5 (b) If all parties agree [A negotiation conference shall be
70-6 conducted to resolve any issues of support in an action in which
70-7 all parties agree as] to the child's parentage, the agency may file
70-8 an agreed child support review order as provided by this chapter.
70-9 (c) If a party denies parentage, the Title IV-D [child
70-10 support] agency shall order [may schedule] parentage testing and
70-11 give each party notice of the time and place of testing. If either
70-12 party fails or refuses to participate in administrative parentage
70-13 testing, the Title IV-D [child support] agency may file a child
70-14 support review order resolving the question of parentage against
70-15 that party [with a request for court-ordered parentage testing.
70-16 The court shall follow the procedures and may impose the sanctions
70-17 provided by this code to obtain compliance with the parentage
70-18 testing order]. The court shall confirm the child support review
70-19 order as a temporary or final order of the court only after an
70-20 opportunity for parentage testing has been provided.
70-21 (d) If parentage testing does not exclude the alleged parent
70-22 and the results of a verified written report of a parentage testing
70-23 expert meet the requirements of Chapter 160 for issuing a temporary
70-24 order, the Title IV-D [child support] agency may conduct a
70-25 negotiation conference to resolve any issues of support and file
71-1 with the court [issue] a child support review order.
71-2 (e) If the results of parentage testing exclude an alleged
71-3 parent from being the biological parent of the child, the Title
71-4 IV-D [child support] agency shall issue and provide to each party a
71-5 child support review order that declares that the excluded person
71-6 is not a parent of the child.
71-7 (f) Any party may file a petition for confirmation of a
71-8 child support review order issued under this section.
71-9 Sec. 233.029 [231.429]. ADMINISTRATIVE PROCEDURE LAW NOT
71-10 APPLICABLE. The child support review process under this chapter is
71-11 not governed by [the administrative procedure law,] Chapter 2001,
71-12 Government Code.
71-13 SECTION 81. The title of Chapter 232, Family Code, is
71-14 amended to read as follows:
71-15 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE TO PAY
71-16 CHILD SUPPORT OR COMPLY WITH SUBPOENA
71-17 SECTION 82. Section 232.001, Family Code, is amended by
71-18 adding Subdivision (4) to read as follows:
71-19 (4) "Subpoena" means a subpoena issued in a parentage
71-20 determination or child support proceeding under this title.
71-21 SECTION 83. Section 232.003, Family Code, as added by
71-22 Chapter 751, Acts of the 74th Legislature, 1995, is amended to read
71-23 as follows:
71-24 Sec. 232.003. Suspension of License. (a) A court or the
71-25 Title IV-D agency may issue an order suspending a license as
72-1 provided by this chapter if an individual who is an obligor:
72-2 (1) has a child support [an] arrearage equal to or
72-3 greater than the total support due for 90 days under a support
72-4 order;
72-5 (2) has been provided an opportunity to make payments
72-6 toward the child support arrearage under an agreed or court-ordered
72-7 repayment schedule; and
72-8 (3) has failed to comply with the repayment schedule.
72-9 (b) A court or the Title IV-D agency may issue an order
72-10 suspending license as provided by this chapter if an individual has
72-11 failed, after receiving appropriate notice, to comply with a
72-12 subpoena.
72-13 SECTION 84. Subsection (d), Section 232.004, Family Code, is
72-14 amended to read as follows:
72-15 (d) A proceeding in a case filed with the Title IV-D agency
72-16 under this chapter is governed by the contested case provisions of
72-17 Chapter 2001, Government Code, except that Section 2001.054 does
72-18 not apply to the proceeding. The director of the Title IV-D agency
72-19 or the director's designee may render [is responsible for
72-20 rendering] a final decision in a [the] contested case proceeding
72-21 under this chapter.
72-22 SECTION 85. Section 232.005, Family Code, is amended to read
72-23 as follows:
72-24 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
72-25 this chapter must state that license suspension is required under
73-1 Section 232.003 and allege:
73-2 (1) the name and, if known, social security number of
73-3 the individual [obligor];
73-4 (2) the type, and if known, number of any license the
73-5 individual [obligor] is believed to hold and the name of the
73-6 licensing authority that issued the license; and
73-7 (3) the amount of arrearages owed under the child
73-8 support order or the facts associated with the individual's failure
73-9 to comply with a subpoena[, the amount of support paid, and the
73-10 amount of arrearages].
73-11 (b) A petition under this chapter may include as an
73-12 attachment a copy of:
73-13 (1) the record of child support payments maintained by
73-14 the Title IV-D registry or local registry; or
73-15 (2) the subpoena with which the individual has failed
73-16 to comply, together with proof of service of the subpoena.
73-17 SECTION 86. Subsections (a) and (c), Section 232.006, Family
73-18 Code, are amended to read as follows:
73-19 (a) On the filing of a petition under Section 232.004, the
73-20 court or the Title IV-D agency shall deliver [issue] to the
73-21 individual [obligor]:
73-22 (1) notice of the individual's [obligor's] right to a
73-23 hearing before the court or agency;
73-24 (2) notice of the deadline for requesting a hearing;
73-25 and
74-1 (3) a hearing request form if the proceeding is in a
74-2 Title IV-D case.
74-3 (c) The notice must contain the following statement in
74-4 bold-faced type or capital letters:
74-5 "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
74-6 BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS
74-7 ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE
74-8 THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF
74-9 LICENSE SUSPENSION MAY BE RENDERED." [state that an order
74-10 suspending license shall be rendered on the 60th day after the date
74-11 of service of the notice unless by that date:]
74-12 [(1) the court or Title IV-D agency receives proof
74-13 that all arrearages and the current month's child support
74-14 obligation have been paid;]
74-15 [(2) the child support agency or obligee files a
74-16 certification that the obligor is in compliance with a reasonable
74-17 repayment schedule; or]
74-18 [(3) the obligor appears at a hearing before the court
74-19 or Title IV-D agency and shows that the request for suspension
74-20 should be denied or stayed.]
74-21 SECTION 87. Section 232.007, Family Code, is amended by
74-22 amending Subsections (a) and (c) and adding Subsection (d) to read
74-23 as follows:
74-24 (a) A request for a hearing and motion to stay suspension
74-25 must be filed with the court or Title IV-D agency by the individual
75-1 [obligor] not later than the 20th day after the date of service of
75-2 the notice under Section 232.006.
75-3 (c) In a case involving support arrearages, a [A] record of
75-4 child support payments made by the Title IV-D agency or a local
75-5 registry is evidence of whether the payments were made. A copy of
75-6 the record appearing regular on its face shall be admitted as
75-7 evidence at a hearing under this chapter, including a hearing on a
75-8 motion to revoke a stay. Either party may offer controverting
75-9 evidence.
75-10 (d) In a case in which an individual has failed to comply
75-11 with a subpoena, proof of service is evidence of delivery of the
75-12 subpoena.
75-13 SECTION 88. Section 232.008, Family Code, is amended to read
75-14 as follows:
75-15 Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY
75-16 CHILD SUPPORT. (a) On making the findings required by Section
75-17 232.003, the court or Title IV-D agency shall render an order
75-18 suspending the license unless the individual:
75-19 (1) [obligor] proves that all arrearages and the
75-20 current month's support have been paid; or
75-21 (2) shows good cause for failure to comply with the
75-22 subpoena.
75-23 (b) The court or Title IV-D agency may stay an order
75-24 suspending a license conditioned on the individual's [obligor's]
75-25 compliance with:
76-1 (1) a reasonable repayment schedule that is
76-2 incorporated in the order; or
76-3 (2) the requirements of a reissued and delivered
76-4 subpoena.
76-5 (c) An order suspending a license with a stay of the
76-6 suspension may not be served on the licensing authority unless the
76-7 stay is revoked as provided by this chapter.
76-8 (d) [(c)] A final order suspending license rendered by a
76-9 court or the Title IV-D agency shall be forwarded to the
76-10 appropriate licensing authority.
76-11 (e) [(d)] If the court or Title IV-D agency renders an order
76-12 suspending license, the individual [obligor] may also be ordered
76-13 not to engage in the licensed activity.
76-14 (f) [(e)] If the court or Title IV-D agency finds that the
76-15 petition for suspension should be denied, the petition shall be
76-16 dismissed without prejudice, and an order suspending license may
76-17 not be rendered.
76-18 SECTION 89. Section 232.009, Family Code, is amended to read
76-19 as follows:
76-20 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
76-21 shall consider the allegations of the petition for suspension to be
76-22 admitted and shall render an order suspending license if the
76-23 individual [obligor] fails to:
76-24 (1) respond to a notice issued under Section 232.006;
76-25 (2) request a hearing; or
77-1 (3) appear at a hearing.
77-2 SECTION 90. Subsections (a), (d), and (e), Section 232.011,
77-3 Family Code, are amended to read as follows:
77-4 (a) On receipt of a final order suspending license, the
77-5 licensing authority shall immediately determine if the authority
77-6 has issued a license to the individual [obligor] named on the order
77-7 and, if a license has been issued:
77-8 (1) record the suspension of the license in the
77-9 licensing authority's records;
77-10 (2) report the suspension as appropriate; and
77-11 (3) demand surrender of the suspended license if
77-12 required by law for other cases in which a license is suspended.
77-13 (d) An individual [obligor] who is the subject of a final
77-14 order suspending license is not entitled to a refund for any fee or
77-15 deposit paid to the licensing authority.
77-16 (e) An individual [obligor] who continues to engage in the
77-17 business, occupation, profession, or other licensed activity after
77-18 the implementation of the order suspending license by the licensing
77-19 authority is liable for the same civil and criminal penalties
77-20 provided for engaging in the licensed activity without a license or
77-21 while a license is suspended that apply to any other license
77-22 holder of that licensing authority.
77-23 SECTION 91. Section 232.012, Family Code, is amended to read
77-24 as follows:
77-25 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
78-1 support enforcement agency, court, or Title IV-D agency may file a
78-2 motion to revoke the stay of an order suspending license if the
78-3 individual who is subject of an order suspending license [obligor]
78-4 does not comply with:
78-5 (1) the terms of a reasonable repayment plan entered
78-6 into by the individual; or
78-7 (2) the requirements of a reissued subpoena [the
78-8 obligor].
78-9 (b) Notice to the individual [obligor] of a motion to revoke
78-10 stay under this section may be given by personal service or by mail
78-11 to the address provided by the individual [obligor], if any, in the
78-12 order suspending license. The notice must include a notice of
78-13 hearing. The notice must be provided to the individual [obligor]
78-14 not less than 10 days before the date of the hearing.
78-15 (c) A motion to revoke stay must allege the manner in which
78-16 the individual [obligor] failed to comply with the repayment plan
78-17 or the reissued subpoena.
78-18 (d) If the court or Title IV-D agency finds that the
78-19 individual [obligor] is not in compliance with the terms of the
78-20 repayment plan or reissued subpoena, the court or agency shall
78-21 revoke the stay of the order suspending license and render a final
78-22 order suspending license.
78-23 SECTION 92. Subsections (a) and (c), Section 232.013, Family
78-24 Code, are amended to read as follows:
78-25 (a) The court or Title IV-D agency may render an order
79-1 vacating or staying an order suspending license if the individual
79-2 [obligor] has:
79-3 (1) paid all delinquent child support or has
79-4 established a satisfactory payment record; or
79-5 (2) complied with the requirements of a reissued
79-6 subpoena.
79-7 (c) On receipt of an order vacating or staying an order
79-8 suspending license, the licensing authority shall promptly issue
79-9 the affected license to the individual [obligor] if the individual
79-10 [obligor] is otherwise qualified for the license.
79-11 SECTION 93. Section 232.014, Family Code, is amended to read
79-12 as follows:
79-13 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
79-14 authority may charge a fee to an individual [obligor] who is the
79-15 subject of an order suspending license in an amount sufficient to
79-16 recover the administrative costs incurred by the authority under
79-17 this chapter.
79-18 SECTION 94. Subtitle D, Title 5, Family Code, is amended by
79-19 adding Chapter 234 to read as follows:
79-20 CHAPTER 234. STATE CASE REGISTRY, DISBURSEMENT UNIT,
79-21 AND DIRECTORY OF NEW HIRES
79-22 SUBCHAPTER A. UNIFIED STATE CASE REGISTRY
79-23 AND DISBURSEMENT UNIT
79-24 Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED
79-25 REGISTRY AND DISBURSEMENT UNIT. The Title IV-D agency shall
80-1 establish and operate a unified state case registry and state
80-2 disbursement unit meeting the requirements of 42 U.S.C. Sections
80-3 654a(e) and 654b. The registry and unit shall:
80-4 (1) maintain records of child support orders in Title
80-5 IV-D cases and in other cases in which a child support order has
80-6 been established or modified in this state on or after October 1,
80-7 1998;
80-8 (2) receive, maintain, and furnish records of child
80-9 support payments in Title IV-D cases and other cases as required by
80-10 law;
80-11 (3) in a Title IV-D case, monitor support payments and
80-12 initiate appropriate enforcement actions immediately on the
80-13 occurrence of a delinquency in payment;
80-14 (4) distribute child support payments as required by
80-15 law; and
80-16 (5) maintain custody of official child support payment
80-17 records in the registry and disbursement unit.
80-18 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
80-19 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
80-20 child support and medical support enforcement under Chapter 231
80-21 shall be part of the unified state case registry and state
80-22 disbursement unit authorized by this subchapter.
80-23 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
80-24 Title IV-D agency shall convene a work group to develop procedures
80-25 for the establishment and operation of the unified state case
81-1 registry and disbursement unit. The work group shall consist of
81-2 representatives of the judiciary, district clerks, domestic
81-3 relations offices, and the bureau of vital statistics, as well as
81-4 other county and state agencies, and other appropriate entities,
81-5 identified by the Title IV-D agency. To the extent possible, the
81-6 work group shall consolidate the reporting of information relating
81-7 to court orders required of clerks of courts under this title.
81-8 (b) The Title IV-D agency shall, in cooperation with the
81-9 work group established under this section, adopt rules and
81-10 prescribe forms to implement this subchapter.
81-11 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. The
81-12 Title IV-D agency may enter into contracts and cooperative
81-13 agreements as necessary to establish and operate the state case
81-14 registry and state disbursement unit authorized under this
81-15 subchapter.
81-16 Sec. 234.005. APPLICATION OF LAWS REQUIRING REPORTING TO
81-17 REGISTRY. (a) The requirements in Sections 105.006(b) and
81-18 105.008(a) that certain information be provided to the state case
81-19 registry do not apply until the registry is established under this
81-20 subchapter.
81-21 (b) This section expires September 1, 1999.
81-22 (Sections 234.006-234.100 reserved for expansion
81-23 SUBCHAPTER B. STATE DIRECTORY OF NEW HIRES
81-24 Sec. 234.101. DEFINITIONS. In this subchapter:
81-25 (1) "Employee" means an individual who is an employee
82-1 within the meaning of Chapter 24 of the Internal Revenue Code of
82-2 1986 (26 U.S.C. Section 3401(c)). The term does not include an
82-3 employee of a state agency performing intelligence or
82-4 counterintelligence functions if the head of the agency has
82-5 determined that reporting employee information under this
82-6 subchapter could endanger the safety of the employee or compromise
82-7 an ongoing investigation or intelligence activity.
82-8 (2) "Employer" has the meaning given that term by
82-9 Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C.
82-10 Section 3401(d)) and includes a governmental entity and a labor
82-11 organization, as that term is identified in Section 2(5) of the
82-12 National Labor Relations Act (29 U.S.C. Section 152(5)), including
82-13 an entity, also known as a "hiring hall," used by the labor
82-14 organization and an employer to carry out requirements of an
82-15 agreement between the organization and an employer described in
82-16 Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)).
82-17 Sec. 234.102. In cooperation with the Texas Workforce
82-18 Commission, the Title IV-D agency shall develop and operate a state
82-19 directory to which employers in the state shall report each newly
82-20 hired or rehired employee in accordance with the requirements of 42
82-21 U.S.C. Section 653a.
82-22 Sec. 234.103. The Title IV-D agency may enter into
82-23 cooperative agreements and contracts as necessary to create and
82-24 operate the directory authorized under this subchapter.
82-25 Sec. 234.104. The Title IV-D agency by rule shall establish
83-1 procedures for reporting employee information and for operating a
83-2 state directory of new hires meeting the requirements of federal
83-3 law.
83-4 SECTION 95. Subdivision (4), Section 24.002, Business &
83-5 Commerce Code, is amended to read as follows:
83-6 (4) "Creditor" means a person, including a spouse,
83-7 minor, person entitled to receive court or administratively ordered
83-8 child support for the benefit of a child, or ward, who has a claim.
83-9 SECTION 96. Article 3.96-8, Insurance Code, is amended to
83-10 read as follows:
83-11 Art. 3.96-8. SERVICE AREA RESTRICTIONS PROHIBITED. (a) An
83-12 insurer shall provide coverage for a covered child who resides
83-13 outside the insurer's service area, and whose coverage under a
83-14 policy or plan is required by a medical support order, that is
83-15 comparable coverage to that provided to other dependents under the
83-16 policy or plan. In this subsection, "comparable coverage" may
83-17 include coverage under which an insurer uses different procedures
83-18 for service delivery and health care provider reimbursement. The
83-19 coverage may not be limited to emergency services only. The
83-20 coverage may not include coverage for which the insurer charges a
83-21 higher premium.
83-22 (b) An insurer may not enforce otherwise applicable
83-23 provisions that would deny, limit, or reduce payment for claims for
83-24 a covered child who lives outside the insurer's coverage territory
83-25 but inside the United States.
84-1 (c) The commissioner shall adopt rules to define "comparable
84-2 coverage" in a manner consistent with federal law and that meet
84-3 requirements to maintain federal Medicaid funding.
84-4 SECTION 97. (a) Sections 157.065(d), 157.322(c) through
84-5 (e), 158.107, 158.305, 231.004, 231.430, and 231.431, Family Code,
84-6 are repealed.
84-7 (b) Section 231.304, Family Code, is repealed on October 1,
84-8 1998.
84-9 SECTION 98. (a) This Act takes effect September 1, 1997.
84-10 (b) The change in law made by this Act does not affect a
84-11 proceeding under the Family Code pending on the effective date of
84-12 this Act. A proceeding pending on the effective date of this Act
84-13 is governed by the law in effect at the time the proceeding was
84-14 commenced, and the former law is continued in effect for that
84-15 purpose.
84-16 (c) The enactment of this Act does not by itself constitute
84-17 a material and substantial change of circumstances sufficient to
84-18 warrant modification of a court order or portion of a decree that
84-19 provides for the support of or possession of or access to a child
84-20 entered before the effective date of this Act.
84-21 (d) The requirement that an employer report a newly hired or
84-22 rehired employee to the state directory of new hires under
84-23 Subchapter B, Chapter 234, Family Code, as added by this Act, takes
84-24 effect October 1, 1998.
84-25 (e) The Commissioner of Insurance shall adopt rules under
85-1 Article 3.96-8(c), Insurance Code, as added by this Act, not later
85-2 than January 1, 1998.
85-3 (f) The change in law made by this Act to Article 3.96-8,
85-4 Insurance Code, applies only to administratively ordered or court
85-5 ordered coverage for a dependent child under an insurance policy or
85-6 evidence of coverage that is delivered, issued for delivery, or
85-7 renewed on or after January 1, 1998. Administratively ordered or
85-8 court ordered coverage under a policy or evidence of coverage that
85-9 is delivered, issued for delivery, or renewed before January 1,
85-10 1998, is governed by the law in effect immediately before the
85-11 effective date of this Act, and that law is continued in effect for
85-12 that purpose.
85-13 SECTION 99. The importance of this legislation and the
85-14 crowded condition of the calendars in both houses create an
85-15 emergency and an imperative public necessity that the
85-16 constitutional rule requiring bills to be read on three several
85-17 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 29
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 29 passed the Senate on
April 21, 1997, by a viva-voce vote; May 1, 1997, Senate refused to
concur in House amendments and requested appointment of Conference
Committee; May 5, 1997, House granted request of the Senate;
May 20, 1997, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 29 passed the House, with
amendments, on April 29, 1997, by a non-record vote; May 5, 1997,
House granted request of the Senate for appointment of Conference
Committee; May 21, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor