By: Harris S.B. No. 416
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the enforcement and collection of child support
1-2 payments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle D, Title 5, Family Code, is amended by
1-5 adding Chapter 233 to read as follows:
1-6 CHAPTER 233. TEXAS FAMILY SUPPORT COMMISSION
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 233.001. DEFINITION. In this chapter, "commission"
1-9 means the Texas Family Support Commission.
1-10 Sec. 233.002. COMMISSION. The Texas Family Support
1-11 Commission is an agency of the state.
1-12 Sec. 233.003. SUNSET PROVISION. The Texas Family Support
1-13 Commission is subject to Chapter 325, Government Code (Texas Sunset
1-14 Act). Unless continued in existence as provided by that chapter,
1-15 the commission is abolished and this chapter expires September 1,
1-16 2009.
1-17 Sec. 233.004. COMPOSITION OF COMMISSION. (a) The
1-18 commission is composed of six members.
1-19 (b) The members of the commission are appointed by the
1-20 governor with the advice and consent of the senate for staggered
1-21 terms of six years with two members' terms expiring February 1 of
1-22 each odd-numbered year.
1-23 (c) The governor shall appoint to the commission:
2-1 (1) at least one person to represent the general
2-2 public;
2-3 (2) at least one person who is a former or retired
2-4 judge and has served on a court of this state having jurisdiction
2-5 of suits affecting the parent-child relationship;
2-6 (3) at least one person who is or has been an advocate
2-7 for the support of children;
2-8 (4) at least one person who is or has been an employee
2-9 of a county domestic relations office or other county child support
2-10 office or who is an active, former, or retired district clerk of a
2-11 county of this state; and
2-12 (5) at least one person who is an attorney actively
2-13 engaged in the practice of family law in this state.
2-14 (d) Appointments to the commission shall be made without
2-15 regard to the race, color, handicap, sex, religion, age, or
2-16 national origin of the appointees.
2-17 Sec. 233.005. CONFLICT OF INTEREST. (a) An officer,
2-18 employee, or paid consultant of a Texas trade association in the
2-19 field of child support may not be a member of the commission or an
2-20 employee of the commission who is exempt from the state's position
2-21 classification plan or is compensated at or above the amount
2-22 prescribed by the General Appropriations Act for step 1, salary
2-23 group 17, of the position classification salary schedule.
2-24 (b) A person who is the spouse of an officer, manager, or
2-25 paid consultant of a Texas trade association in the field of child
3-1 support may not be a commission member and may not be a commission
3-2 employee who is exempt from the state's position classification
3-3 plan or is compensated at or above the amount prescribed by the
3-4 General Appropriations Act for step 1, salary group 17, of the
3-5 position classification salary schedule.
3-6 (c) For the purposes of this section, a Texas trade
3-7 association is a nonprofit, cooperative, and voluntarily joined
3-8 association of business or professional competitors in this state
3-9 designed to assist its members and its industry or profession in
3-10 dealing with mutual business or professional problems and in
3-11 promoting their common interest. A Texas trade association does
3-12 not include the State Bar of Texas or a nonprofit association or
3-13 corporation that advocates for improvement of the child support
3-14 system and that does not have a contract with the commission.
3-15 (d) A person may not serve as a member of the commission or
3-16 act as the general counsel to the commission if the person is
3-17 required to register as a lobbyist under Chapter 305, Government
3-18 Code, because of the person's activities for compensation on behalf
3-19 of a profession related to the operation of the commission.
3-20 Sec. 233.006. REMOVAL OF COMMISSION MEMBERS. (a) It is a
3-21 ground for removal from the commission if a member:
3-22 (1) violates a prohibition established by Section
3-23 233.005;
3-24 (2) cannot discharge the member's duties for a
3-25 substantial part of the term for which the member is appointed
4-1 because of illness or disability; or
4-2 (3) is absent from more than half of the regularly
4-3 scheduled commission meetings that the member is eligible to attend
4-4 during a calendar year unless the absence is excused by majority
4-5 vote of the commission.
4-6 (b) The validity of an action of the commission is not
4-7 affected by the fact that it is taken when a ground for the removal
4-8 of a commission member exists.
4-9 (c) If the executive director has knowledge that a potential
4-10 ground for removal exists, the executive director shall notify the
4-11 presiding officer of the commission of the ground. The presiding
4-12 officer shall then notify the governor that a potential ground for
4-13 removal exists.
4-14 Sec. 233.007. PRESIDING OFFICER; MEETINGS; COMPENSATION.
4-15 (a) The governor shall designate the presiding officer of the
4-16 commission from the membership of the commission. The presiding
4-17 officer serves in that capacity at the will of the governor.
4-18 (b) The commission shall hold regular meetings at least
4-19 quarterly and special meetings at the call of the presiding officer
4-20 or as provided by commission rule. Commission members shall attend
4-21 the meetings of the commission.
4-22 (c) A member of the commission may not receive compensation
4-23 for service on the commission. A member is entitled to receive
4-24 reimbursement, subject to any applicable limitation on
4-25 reimbursement provided by the General Appropriations Act, for
5-1 actual and necessary expenses incurred in performing services as a
5-2 member of the commission.
5-3 (d) The commission shall develop and implement policies that
5-4 provide the public with a reasonable opportunity to appear before
5-5 the commission and to speak on any issue under the jurisdiction of
5-6 the commission.
5-7 (Sections 233.008-233.100 reserved for expansion
5-8 SUBCHAPTER B. POWERS AND DUTIES
5-9 Sec. 233.101. GENERAL POWERS AND DUTIES. (a) The
5-10 commission may adopt rules for the administration of the
5-11 commission's powers and duties.
5-12 (b) The commission shall perform the duties assigned to the
5-13 commission under this chapter or other law.
5-14 (c) The commission may accept gifts and grants from private
5-15 individuals or public or private foundations or entities, including
5-16 the United States.
5-17 (d) The commission shall report on the commission's
5-18 activities to the governor annually and to the legislature at each
5-19 regular session. The commission may make recommendations in a
5-20 report on a matter under the commission's jurisdiction. The
5-21 commission in its discretion may make any other report.
5-22 (e) The commission may appoint advisory committees to assist
5-23 the commission in the performance of the commission's duties. A
5-24 member of an advisory committee appointed by the commission or
5-25 otherwise appointed under this chapter may not receive compensation
6-1 for service on the advisory committee. A member appointed under
6-2 this chapter is entitled to receive reimbursement, subject to any
6-3 applicable limitation on reimbursement provided by the General
6-4 Appropriations Act, for actual and necessary expenses incurred in
6-5 performing duties as a member of the advisory committee.
6-6 Sec. 233.102. STRATEGIC PLAN FOR FAMILY SUPPORT SERVICES.
6-7 (a) The commission shall develop a strategic plan identifying
6-8 alternatives for the delivery of family support services.
6-9 (b) The plan shall be developed in cooperation with domestic
6-10 relations offices, district clerks, the judiciary, private child
6-11 support collection agencies, and other interested parties.
6-12 (c) At a minimum the plan should consider provisions
6-13 regarding:
6-14 (1) the development and implementation of
6-15 self-starting child support monitoring and enforcement mechanisms
6-16 financed by funds from user fees, state and federal funds, or a
6-17 combination of all three funding sources;
6-18 (2) alternatives for the delivery of services that use
6-19 competitive procurement to achieve cost-effective results;
6-20 (3) the coordination of services with local public
6-21 child support agencies such as domestic relations offices and
6-22 district clerks;
6-23 (4) the development and implementation of parental
6-24 education programs to encourage parental emotional and financial
6-25 support for children after divorce or separation and after the
7-1 establishment of paternity;
7-2 (5) the expansion of in-hospital paternity
7-3 establishment programs to all hospital and birthing centers in the
7-4 state;
7-5 (6) the expansion of the employer new-hire reporting
7-6 program as provided in Section 231.304 to maximize coverage of
7-7 employers in this state;
7-8 (7) the development and implementation of programs to
7-9 promote the use of alternate dispute resolution and mediation to
7-10 resolve disputes regarding child support and possession of or
7-11 access to a child between parents or others having a court-ordered
7-12 relationship with the child; and
7-13 (8) the development of programs to provide a mechanism
7-14 for the enforcement of orders for possession of or access to
7-15 children.
7-16 (d) This chapter does not require the commission to
7-17 implement any program or alternative for which funds are not
7-18 appropriated in accordance with law.
7-19 Sec. 233.103. VISITATION PROGRAMS. The commission shall
7-20 administer programs to support and facilitate noncustodial parents'
7-21 access to their children.
7-22 Sec. 233.104. PERSONNEL. (a) The commission shall employ
7-23 an executive director, who shall employ other personnel necessary
7-24 for the performance of commission functions.
7-25 (b) The executive director serves at the will of the
8-1 commission.
8-2 (c) Employees of the commission who work at the central
8-3 office of the commission as an administrator or as administrative
8-4 staff or who are the administrative heads of a field or regional
8-5 office serve at the will of the executive director. Attorneys
8-6 employed by the commission serve at the will of the executive
8-7 director.
8-8 (d) Except as provided by Subsection (c), employees who work
8-9 in the field or in a regional office of the commission may be
8-10 removed only for cause.
8-11 (e) The commission shall provide to the commission's members
8-12 and employees, as often as necessary, information regarding their
8-13 qualifications for office or employment under this chapter and
8-14 their responsibilities under applicable laws relating to standards
8-15 of conduct for state officers or employees.
8-16 (f) The commission shall develop and implement policies that
8-17 clearly define the respective responsibilities of the commission
8-18 and the staff of the commission.
8-19 Sec. 233.105. DUTIES OF EXECUTIVE DIRECTOR. (a) The
8-20 executive director shall exercise all rights, powers, and duties
8-21 imposed or conferred by law on the commission unless the right,
8-22 power, or duty is specifically delegated by the commission to the
8-23 commission's agents or employees.
8-24 (b) The executive director shall prepare and submit to the
8-25 commission for its approval a biennial budget of all funds
9-1 necessary to be appropriated by the legislature to the commission
9-2 to carry out the purposes of this chapter. The commission shall
9-3 file each budget request in the form and manner and within the time
9-4 prescribed by law.
9-5 Sec. 233.106. EMPLOYMENT OF ATTORNEYS. (a) The commission
9-6 may employ legal counsel to represent the state or the commission
9-7 in civil suits and in appellate proceedings other than before the
9-8 Supreme Court of Texas.
9-9 (b) An attorney employed by the commission may initiate a
9-10 civil suit for the commission, intervene in pending litigation on
9-11 behalf of the commission, or otherwise represent the commission in
9-12 the courts of this state or in the courts of the United States.
9-13 Sec. 233.107. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.
9-14 (a) The executive director or the executive director's designee
9-15 shall develop an intra-agency career ladder program. The program
9-16 shall require intra-agency postings of all nonentry level positions
9-17 concurrently with any public posting.
9-18 (b) The executive director or the executive director's
9-19 designee shall develop a system of annual performance evaluations.
9-20 All merit pay for commission employees must be based on the system
9-21 established under this subsection.
9-22 Sec. 233.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
9-23 (a) The executive director or the executive director's designee
9-24 shall prepare and maintain a written policy statement to assure
9-25 implementation of a program of equal employment opportunity under
10-1 which all personnel transactions are made without regard to race,
10-2 color, handicap, sex, religion, age, or national origin. The
10-3 policy statement must include:
10-4 (1) personnel policies, including policies relating to
10-5 recruitment, evaluation, selection, appointment, training, and
10-6 promotion of personnel;
10-7 (2) a comprehensive analysis of the commission
10-8 workforce that meets federal and state guidelines;
10-9 (3) procedures by which a determination can be made of
10-10 significant underuse in the commission workforce of all persons for
10-11 whom federal or state guidelines encourage a more equitable
10-12 balance; and
10-13 (4) reasonable methods to appropriately address those
10-14 areas of significant underuse.
10-15 (b) A policy statement prepared under Subsection (a) must
10-16 cover an annual period, be updated at least annually, and be filed
10-17 with the governor's office.
10-18 (c) The governor's office shall deliver a biennial report to
10-19 the legislature based on the information received under Subsection
10-20 (b). The report may be made separately or as a part of other
10-21 biennial reports made to the legislature.
10-22 Sec. 233.109. FISCAL REPORT. The commission shall file
10-23 annually with the governor and the presiding officer of each house
10-24 of the legislature a complete and detailed written report
10-25 accounting for all funds received and disbursed by the commission
11-1 during the preceding fiscal year. The annual report must be in the
11-2 form and reported in the time provided by the General
11-3 Appropriations Act.
11-4 Sec. 233.110. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
11-5 (a) The commission shall prepare information of public interest
11-6 describing the functions of the commission and the commission's
11-7 procedures by which complaints are filed with and resolved by the
11-8 commission. The commission shall make the information available to
11-9 the public and appropriate state agencies.
11-10 (b) The commission shall keep an information file about each
11-11 complaint filed with the commission that the commission has
11-12 authority to resolve. If a written complaint is filed with the
11-13 commission that the commission has authority to resolve, the
11-14 commission, at least quarterly and until final disposition of the
11-15 complaint, shall notify the parties to the complaint of the status
11-16 of the complaint unless the notice would jeopardize an undercover
11-17 investigation.
11-18 (c) The commission shall prepare and maintain a written plan
11-19 that describes how a person who does not speak English or who has a
11-20 physical, mental, or developmental disability can be provided
11-21 reasonable access to the commission's programs.
11-22 SECTION 2. Section 102.007, Family Code, is amended to read
11-23 as follows:
11-24 Sec. 102.007. STANDING OF TITLE IV-D AGENCY. (a) In
11-25 providing services authorized by Chapter 231, the Title IV-D agency
12-1 or a political subdivision contracting with the Title IV-D agency
12-2 [attorney general] to provide Title IV-D services under this title
12-3 may file a child support action authorized under this title,
12-4 including a suit for modification or a motion for enforcement.
12-5 (b) The Title IV-D agency is not required to obtain the
12-6 consent of the attorney general before the agency files an action
12-7 under this title.
12-8 SECTION 3. Subsection (d), Section 102.009, Family Code, is
12-9 amended to read as follows:
12-10 (d) If the petition requests the establishment,
12-11 modification, or enforcement of a support right assigned to the
12-12 Title IV-D agency under Chapter 231, notice shall be given to the
12-13 Title IV-D agency [attorney general] in a manner provided by Rule
12-14 21a, Texas Rules of Civil Procedure.
12-15 SECTION 4. Section 231.001, Family Code, is amended to read
12-16 as follows:
12-17 Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY. The Texas
12-18 Family Support Commission [office of the attorney general] is
12-19 [designated as] the state's Title IV-D agency.
12-20 SECTION 5. Subsections (a) through (g) and (i) through (k),
12-21 Section 231.0011, Family Code, are amended to read as follows:
12-22 (a) The [attorney general, as the] Title IV-D agency for
12-23 this state has [the State of Texas shall have] final approval
12-24 authority on any contract or proposal for delivery of Title IV-D
12-25 services under this section and in coordination with the Texas
13-1 Judicial Council, the Office of Court Administration of the Texas
13-2 Judicial System, the federal Office of Child Support Enforcement,
13-3 and state, county, and local officials, shall develop and implement
13-4 a statewide integrated system for child support and medical support
13-5 enforcement, employing federal, state, local, and private resources
13-6 to:
13-7 (1) unify child support registry functions;
13-8 (2) record and track all child support orders entered
13-9 in the state;
13-10 (3) establish an automated enforcement process which
13-11 will use delinquency monitoring, billing, and other enforcement
13-12 techniques to ensure the payment of current support;
13-13 (4) incorporate existing enforcement resources into
13-14 the system to obtain maximum benefit from state and federal
13-15 funding; and
13-16 (5) ensure accountability for all participants in the
13-17 process, including state, county, and local officials, private
13-18 contractors, and the judiciary.
13-19 (b) The Title IV-D agency [attorney general] shall convene a
13-20 work group to determine a process and develop a timetable for
13-21 implementation of a unified registry system and to identify any
13-22 barriers to completion of the project. The work group shall
13-23 include representatives of the judiciary, district clerks, and
13-24 domestic relations offices, as well as other interested agencies,
13-25 organizations, and individuals. [The work group shall report the
14-1 results of its deliberations to the governor, lieutenant governor,
14-2 speaker of the house of representatives, and attorney general on or
14-3 before January 15, 1996.]
14-4 (c) The Title IV-D agency [attorney general] shall, in
14-5 cooperation with the work group established by this section,
14-6 develop technical standards for participation in the unified child
14-7 support system, including standard required data elements for
14-8 effective monitoring of child support and medical support orders
14-9 and for the imposition of interest on delinquent child support.
14-10 (d) Counties and other providers of child support services
14-11 shall be required, as a condition of participation in the unified
14-12 system, to enter into a contract with the Title IV-D agency
14-13 [attorney general], to comply with all federal requirements for the
14-14 Title IV-D program, and to maintain at least the current level of
14-15 funding for activities which are proposed to be included in the
14-16 integrated child support system.
14-17 (e) The Title IV-D agency [attorney general] shall identify
14-18 federal requirements, apply for necessary federal waivers, and
14-19 provide technical system requirements and other information
14-20 concerning participation in the system to counties and other
14-21 providers of child support services [not later than January 15,
14-22 1996]. Counties shall notify the Title IV-D agency [attorney
14-23 general] of existing resources and options for participation [not
14-24 later than May 1, 1996].
14-25 (f) The Title IV-D agency [Not later than June 1, 1996, the
15-1 attorney general] shall produce a procurement and implementation
15-2 plan for hardware and software necessary to implement in phases a
15-3 unified statewide registry and enforcement system.
15-4 (g) The Title IV-D agency [Effective January 15, 1996, the
15-5 attorney general] may contract with any county meeting technical
15-6 system requirements necessary to comply with federal law for
15-7 provision of Title IV-D services in that county. All new cases in
15-8 which support orders are entered in such county after the effective
15-9 date of a monitoring contract shall be Title IV-D cases. Any other
15-10 case in the county, subject to federal requirements and the
15-11 agreement of the county and the Title IV-D agency [attorney
15-12 general], may be included as a Title IV-D case. Any obligee under
15-13 a support order may refuse Title IV-D enforcement services unless
15-14 required to accept such services pursuant to other law.
15-15 (i) The Title IV-D agency [attorney general] shall undertake
15-16 a least-cost review of its child support operations and shall use
15-17 the information developed in such review to determine what, if any,
15-18 contribution of program funds generated through other Title IV-D
15-19 activities should be made to the participating counties. The Title
15-20 IV-D agency [attorney general], in cooperation with the counties
15-21 and the federal Office of Child Support Enforcement shall develop a
15-22 cost allocation methodology to assist the counties in identifying
15-23 county contributions which may qualify for federal financial
15-24 participation.
15-25 (j) The Title IV-D agency [attorney general] may phase in
16-1 the integrated child support registry and enforcement system, and
16-2 the requirement to implement the system shall be contingent on the
16-3 receipt of locally generated funds and federal reimbursement.
16-4 Locally generated funds include but are not limited to funds
16-5 contributed by counties and cities.
16-6 [(k) The attorney general shall adopt rules to implement
16-7 this section.]
16-8 SECTION 6. The heading of Section 231.205, Family Code, is
16-9 amended to read as follows:
16-10 Sec. 231.205. LIMITATIONS ON LIABILITY OF TITLE IV-D AGENCY
16-11 [ATTORNEY GENERAL] FOR AUTHORIZED FEES AND COSTS.
16-12 SECTION 7. Subsections (e) and (f), Section 21.007,
16-13 Government Code, are amended to read as follows:
16-14 (e) A county commissioners court, statutory county court
16-15 judge, district judge, or court clerk may apply to the presiding
16-16 judges for funds from the account. After receiving an application,
16-17 the presiding judges may conduct an on-site assessment of the needs
16-18 of the applicant. Before acting on any other pending applications,
16-19 the presiding judges shall act on applications for funds to employ
16-20 a court master and other judicial employees or to purchase
16-21 equipment necessary to comply with state or federal law relating to
16-22 the Child Support Enforcement Amendments of 1984 (P.L. 98-378).
16-23 All funds expended are subject to audit by the comptroller [of
16-24 public accounts] and the state auditor. Funds shall be allocated
16-25 among the various administrative judicial regions taking into
17-1 consideration the intent of the legislature that the amount of
17-2 federal funds available under the Title IV-D program of the Social
17-3 Security Act, as amended, for the collection and enforcement of
17-4 child support obligations shall be maximized. The presiding judges
17-5 may [are given the power to] contract with the Texas Family Support
17-6 Commission [Office of the Attorney General] and local political
17-7 subdivisions as may be necessary to achieve this intent.
17-8 (f) After approval of an application by the presiding
17-9 judges, the applicant may be directly reimbursed by the comptroller
17-10 from the child support and court management account for expenses
17-11 incurred pursuant to the approved application in accordance with
17-12 this section [Act]. A person paid from funds drawn on the account
17-13 is an employee of the county, and that person's salary may be
17-14 supplemented from other sources, including local or federal funds
17-15 and public or private grants. Funds allocated for personnel may
17-16 not be used to pay the salary of a district or statutory county
17-17 court judge. Funds allocated for personnel may be used to pay in
17-18 full or in part the salary of an employee, to supplement the salary
17-19 of an existing employee, or to hire additional personnel. The
17-20 presiding judges and the Office of Court Administration shall
17-21 cooperate with any state or federal agency to provide for the
17-22 fullest possible supplementation of the account and shall act as
17-23 necessary to qualify account funds for any federal matching funds
17-24 or reimbursement of funds available under the Title IV-D program
17-25 [administered by the attorney general].
18-1 SECTION 8. Subsections (a) and (c), Section 466.407,
18-2 Government Code, are amended to read as follows:
18-3 (a) The executive director shall deduct the amount of a
18-4 delinquent tax or other money from the winnings of a person who has
18-5 been finally determined to be:
18-6 (1) delinquent in the payment of a tax or other money
18-7 collected by the comptroller[, the state treasurer,] or the Texas
18-8 Alcoholic Beverage Commission;
18-9 (2) delinquent in making child support payments
18-10 administered or collected by the Texas Family Support Commission
18-11 [attorney general];
18-12 (3) in default on a loan made under Chapter 52,
18-13 Education Code; or
18-14 (4) in default on a loan guaranteed under Chapter 57,
18-15 Education Code.
18-16 (c) The Texas Family Support Commission [attorney general],
18-17 comptroller, [state treasurer,] Texas Alcoholic Beverage
18-18 Commission, Texas Higher Education Coordinating Board, and Texas
18-19 Guaranteed Student Loan Corporation shall each provide the
18-20 executive director with a report of persons who have been finally
18-21 determined to be delinquent in the payment of a tax or other money
18-22 collected by the agency. The commission shall adopt rules
18-23 regarding the form and frequency of reports under this subsection.
18-24 SECTION 9. Subsection (g), Section 192.003, Health and
18-25 Safety Code, is amended to read as follows:
19-1 (g) The state registrar shall transmit signed consent forms
19-2 to the Texas Family Support Commission, which [attorney general
19-3 who] may use such forms for any purpose directly connected with the
19-4 provision of child support services pursuant to Chapter 231, Family
19-5 Code.
19-6 SECTION 10. Subsection (a), Section 521.044, Transportation
19-7 Code, is amended to read as follows:
19-8 (a) Information provided on a driver's license application
19-9 that relates to the applicant's social security number may be used
19-10 only by the department or disclosed only to:
19-11 (1) the Texas Family Support Commission [child support
19-12 enforcement division of the attorney general's office]; or
19-13 (2) another state entity responsible for enforcing the
19-14 payment of child support.
19-15 SECTION 11. Subsection (a), Section 2, Article 4413(29ee),
19-16 Revised Statutes, is amended to read as follows:
19-17 (a) A person is eligible for a license to carry a concealed
19-18 handgun if the person:
19-19 (1) is a legal resident of this state for the
19-20 six-month period preceding the date of application under this
19-21 article;
19-22 (2) is at least 21 years of age;
19-23 (3) has not been convicted of a felony;
19-24 (4) is not charged with the commission of a Class A or
19-25 Class B misdemeanor or an offense under Section 42.01, Penal Code,
20-1 or of a felony under an information or indictment;
20-2 (5) is not a fugitive from justice for a felony or a
20-3 Class A or Class B misdemeanor;
20-4 (6) is not a chemically dependent person;
20-5 (7) is not a person of unsound mind;
20-6 (8) has not, in the five years preceding the date of
20-7 application, been convicted of a Class A or Class B misdemeanor or
20-8 an offense under Section 42.01, Penal Code;
20-9 (9) is fully qualified under applicable federal and
20-10 state law to purchase a handgun;
20-11 (10) has not been finally determined to be delinquent
20-12 in making a child support payment administered or collected by the
20-13 Texas Family Support Commission [attorney general];
20-14 (11) has not been finally determined to be delinquent
20-15 in the payment of a tax or other money collected by the
20-16 comptroller, [state treasurer,] tax collector of a political
20-17 subdivision of the state, Texas Alcoholic Beverage Commission, or
20-18 any other agency or subdivision of the state;
20-19 (12) has not been finally determined to be in default
20-20 on a loan made under Chapter 57, Education Code;
20-21 (13) is not currently restricted under a court
20-22 protective order or subject to a restraining order affecting the
20-23 spousal relationship, not including a restraining order solely
20-24 affecting property interests;
20-25 (14) has not, in the 10 years preceding the date of
21-1 application, been adjudicated as having engaged in delinquent
21-2 conduct violating a penal law of the grade of felony; and
21-3 (15) has not made any material misrepresentation, or
21-4 failed to disclose any material fact, in an application submitted
21-5 pursuant to Section 3 of this article or in a request for
21-6 application submitted pursuant to Section 4 of this article.
21-7 SECTION 12. (a) Not later than October 1, 1997, the
21-8 governor shall appoint the initial members of the Texas Family
21-9 Support Commission in accordance with Chapter 233, Family Code, as
21-10 added by this Act. The governor shall appoint two members for
21-11 terms expiring February 1, 1999, two members for terms expiring
21-12 February 1, 2001, and two members for terms expiring February 1,
21-13 2003. The commission may not take action until all six members
21-14 have taken office.
21-15 (b) The Texas Family Support Commission shall employ an
21-16 executive director in accordance with Chapter 233, Family Code, as
21-17 added by this Act, not later than November 1, 1997.
21-18 (c) On the effective date of this Act, the transition
21-19 committee for the Texas Family Support Commission is established.
21-20 The committee shall consist of three members. The governor shall
21-21 appoint two members of the committee and the attorney general shall
21-22 appoint one member of the committee. The committee shall be
21-23 responsible for developing a plan for the identification and
21-24 transfer of the records, personnel, property, and unspent
21-25 appropriations of the Office of the Attorney General that are used
22-1 by that office on the effective date of this Act to conduct the
22-2 office's child support enforcement responsibilities. The plan
22-3 developed under this subsection shall include a provision for the
22-4 transfer of all classified personnel and all field-level exempt
22-5 personnel of the attorney general's child support enforcement
22-6 division, including attorneys, to the Texas Family Support
22-7 Commission. The plan may also provide for the transfer of other
22-8 management or support personnel that the transition committee
22-9 determines would aid in the administration of the Texas Family
22-10 Support Commission.
22-11 SECTION 13. (a) On January 1, 1998, or an earlier date as
22-12 determined by the transition committee of the Texas Family Support
22-13 Commission, the child support enforcement division of the Office of
22-14 the Attorney General is abolished. On that date, the powers,
22-15 duties, obligations, rights, contracts, records, personnel,
22-16 property, and unspent appropriations of the Office of the Attorney
22-17 General identified by the plan developed by the transition
22-18 committee of the Texas Family Support Commission are transferred to
22-19 the commission. On the date the plan developed by the transition
22-20 committee of the Texas Family Support Commission is implemented
22-21 under this section, the transition committee is abolished.
22-22 (b) Notwithstanding the changes in law made by this Act,
22-23 until the date the attorney general's child support enforcement
22-24 division is abolished as provided by this section, the attorney
22-25 general shall continue to exercise the powers and duties assigned
23-1 to the Office of the Attorney General under the law in effect
23-2 before the effective date of this Act, and the former law is
23-3 continued in effect for that purpose.
23-4 (c) All complaints, proceedings, and investigations before
23-5 the child support enforcement division of the Office of the
23-6 Attorney General are transferred without change in status to the
23-7 Texas Family Support Commission.
23-8 SECTION 14. On the date a majority of the members of the
23-9 Texas Family Support Commission take office, the commission shall
23-10 assume the duties previously assigned to the attorney general under
23-11 Section 231.0011, Family Code. A requirement under Section
23-12 231.0011, Family Code, that the attorney general perform a duty by
23-13 a date specified by that section that the attorney general has not
23-14 performed or completed on or before the effective date of this Act
23-15 shall become a duty of the Texas Family Support Commission on that
23-16 date.
23-17 SECTION 15. The importance of this legislation and the
23-18 crowded condition of the calendars in both houses create an
23-19 emergency and an imperative public necessity that the
23-20 constitutional rule requiring bills to be read on three several
23-21 days in each house be suspended, and this rule is hereby suspended,
23-22 and that this Act take effect and be in force from and after its
23-23 passage, and it is so enacted.