1-1 By: Harris S.B. No. 416
1-2 (In the Senate - Filed February 3, 1997; February 5, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 9, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 2; April 9, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 416 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the enforcement and collection of child support
1-11 payments.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle D, Title 5, Family Code, is amended by
1-14 adding Chapter 233 to read as follows:
1-15 CHAPTER 233. TEXAS FAMILY SUPPORT COMMISSION
1-16 SUBCHAPTER A. GENERAL PROVISIONS
1-17 Sec. 233.001. DEFINITION. In this chapter, "commission"
1-18 means the Texas Family Support Commission.
1-19 Sec. 233.002. COMMISSION. The Texas Family Support
1-20 Commission is an agency of the state.
1-21 Sec. 233.003. SUNSET PROVISION. The Texas Family Support
1-22 Commission is subject to Chapter 325, Government Code (Texas Sunset
1-23 Act). Unless continued in existence as provided by that chapter,
1-24 the commission is abolished and this chapter expires September 1,
1-25 2009.
1-26 Sec. 233.004. COMPOSITION OF COMMISSION. (a) The
1-27 commission is composed of six members.
1-28 (b) The members of the commission are appointed by the
1-29 governor with the advice and consent of the senate for staggered
1-30 terms of six years with two members' terms expiring February 1 of
1-31 each odd-numbered year.
1-32 (c) The governor shall appoint to the commission:
1-33 (1) at least one person to represent the general
1-34 public;
1-35 (2) at least one person who is a former or retired
1-36 judge and has served on a court of this state having jurisdiction
1-37 of suits affecting the parent-child relationship;
1-38 (3) at least one person who is or has been an advocate
1-39 for the support of children;
1-40 (4) at least one person who is or has been an employee
1-41 of a county domestic relations office or other county child support
1-42 office or who is an active, former, or retired district clerk of a
1-43 county of this state; and
1-44 (5) at least one person who is an attorney actively
1-45 engaged in the practice of family law in this state.
1-46 (d) Appointments to the commission shall be made without
1-47 regard to the race, color, handicap, sex, religion, age, or
1-48 national origin of the appointees.
1-49 Sec. 233.005. CONFLICT OF INTEREST. (a) An officer,
1-50 employee, or paid consultant of a Texas trade association in the
1-51 field of child support may not be a member of the commission or an
1-52 employee of the commission who is exempt from the state's position
1-53 classification plan or is compensated at or above the amount
1-54 prescribed by the General Appropriations Act for step 1, salary
1-55 group 17, of the position classification salary schedule.
1-56 (b) A person who is the spouse of an officer, manager, or
1-57 paid consultant of a Texas trade association in the field of child
1-58 support may not be a commission member and may not be a commission
1-59 employee who is exempt from the state's position classification
1-60 plan or is compensated at or above the amount prescribed by the
1-61 General Appropriations Act for step 1, salary group 17, of the
1-62 position classification salary schedule.
1-63 (c) For the purposes of this section, a Texas trade
1-64 association is a nonprofit, cooperative, and voluntarily joined
2-1 association of business or professional competitors in this state
2-2 designed to assist its members and its industry or profession in
2-3 dealing with mutual business or professional problems and in
2-4 promoting their common interest. A Texas trade association does
2-5 not include the State Bar of Texas or a nonprofit association or
2-6 corporation that advocates for improvement of the child support
2-7 system and that does not have a contract with the commission.
2-8 (d) A person may not serve as a member of the commission or
2-9 act as the general counsel to the commission if the person is
2-10 required to register as a lobbyist under Chapter 305, Government
2-11 Code, because of the person's activities for compensation on behalf
2-12 of a profession related to the operation of the commission.
2-13 Sec. 233.006. REMOVAL OF COMMISSION MEMBERS. (a) It is a
2-14 ground for removal from the commission if a member:
2-15 (1) violates a prohibition established by Section
2-16 233.005;
2-17 (2) cannot discharge the member's duties for a
2-18 substantial part of the term for which the member is appointed
2-19 because of illness or disability; or
2-20 (3) is absent from more than half of the regularly
2-21 scheduled commission meetings that the member is eligible to attend
2-22 during a calendar year unless the absence is excused by majority
2-23 vote of the commission.
2-24 (b) The validity of an action of the commission is not
2-25 affected by the fact that it is taken when a ground for the removal
2-26 of a commission member exists.
2-27 (c) If the executive director has knowledge that a potential
2-28 ground for removal exists, the executive director shall notify the
2-29 presiding officer of the commission of the ground. The presiding
2-30 officer shall then notify the governor that a potential ground for
2-31 removal exists.
2-32 Sec. 233.007. PRESIDING OFFICER; MEETINGS; COMPENSATION.
2-33 (a) The governor shall designate the presiding officer of the
2-34 commission from the membership of the commission. The presiding
2-35 officer serves in that capacity at the will of the governor.
2-36 (b) The commission shall hold regular meetings at least
2-37 quarterly and special meetings at the call of the presiding officer
2-38 or as provided by commission rule. Commission members shall attend
2-39 the meetings of the commission.
2-40 (c) A member of the commission may not receive compensation
2-41 for service on the commission. A member is entitled to receive
2-42 reimbursement, subject to any applicable limitation on
2-43 reimbursement provided by the General Appropriations Act, for
2-44 actual and necessary expenses incurred in performing services as a
2-45 member of the commission.
2-46 (d) The commission shall develop and implement policies that
2-47 provide the public with a reasonable opportunity to appear before
2-48 the commission and to speak on any issue under the jurisdiction of
2-49 the commission.
2-50 (Sections 233.008-233.100 reserved for expansion
2-51 SUBCHAPTER B. POWERS AND DUTIES
2-52 Sec. 233.101. GENERAL POWERS AND DUTIES. (a) The
2-53 commission may adopt rules for the administration of the
2-54 commission's powers and duties.
2-55 (b) The commission shall perform the duties assigned to the
2-56 commission under this chapter or other law.
2-57 (c) The commission may accept gifts and grants from private
2-58 individuals or public or private foundations or entities, including
2-59 the United States.
2-60 (d) The commission shall report on the commission's
2-61 activities to the governor annually and to the legislature at each
2-62 regular session. The commission may make recommendations in a
2-63 report on a matter under the commission's jurisdiction. The
2-64 commission in its discretion may make any other report.
2-65 (e) The commission may appoint advisory committees to assist
2-66 the commission in the performance of the commission's duties. A
2-67 member of an advisory committee appointed by the commission or
2-68 otherwise appointed under this chapter may not receive compensation
2-69 for service on the advisory committee. A member appointed under
3-1 this chapter is entitled to receive reimbursement, subject to any
3-2 applicable limitation on reimbursement provided by the General
3-3 Appropriations Act, for actual and necessary expenses incurred in
3-4 performing duties as a member of the advisory committee.
3-5 Sec. 233.102. STRATEGIC PLAN FOR FAMILY SUPPORT SERVICES.
3-6 (a) The commission shall develop a strategic plan identifying
3-7 alternatives for the delivery of family support services.
3-8 (b) The plan shall be developed in cooperation with domestic
3-9 relations offices, district clerks, the judiciary, private child
3-10 support collection agencies, and other interested parties.
3-11 (c) At a minimum the plan should consider provisions
3-12 regarding:
3-13 (1) the development and implementation of
3-14 self-starting child support monitoring and enforcement mechanisms
3-15 financed by funds from user fees, state and federal funds, or a
3-16 combination of all three funding sources;
3-17 (2) alternatives for the delivery of services that use
3-18 competitive procurement to achieve cost-effective results;
3-19 (3) the coordination of services with local public
3-20 child support agencies such as domestic relations offices and
3-21 district clerks;
3-22 (4) the development and implementation of parental
3-23 education programs to encourage parental emotional and financial
3-24 support for children after divorce or separation and after the
3-25 establishment of paternity;
3-26 (5) the expansion of in-hospital paternity
3-27 establishment programs to all hospital and birthing centers in the
3-28 state;
3-29 (6) the expansion of the employer new-hire reporting
3-30 program as provided in Section 231.304 to maximize coverage of
3-31 employers in this state;
3-32 (7) the development and implementation of programs to
3-33 promote the use of alternate dispute resolution and mediation to
3-34 resolve disputes regarding child support and possession of or
3-35 access to a child between parents or others having a court-ordered
3-36 relationship with the child; and
3-37 (8) the development of programs to provide a mechanism
3-38 for the enforcement of orders for possession of or access to
3-39 children.
3-40 (d) This chapter does not require the commission to
3-41 implement any program or alternative for which funds are not
3-42 appropriated in accordance with law.
3-43 Sec. 233.103. VISITATION PROGRAMS. The commission shall
3-44 administer programs to support and facilitate noncustodial parents'
3-45 access to their children.
3-46 Sec. 233.104. PERSONNEL. (a) The commission shall employ
3-47 an executive director, who shall employ other personnel necessary
3-48 for the performance of commission functions.
3-49 (b) The executive director serves at the will of the
3-50 commission.
3-51 (c) Employees of the commission who work at the central
3-52 office of the commission as an administrator or as administrative
3-53 staff or who are the administrative heads of a field or regional
3-54 office serve at the will of the executive director. Attorneys
3-55 employed by the commission serve at the will of the executive
3-56 director.
3-57 (d) Except as provided by Subsection (c), employees who work
3-58 in the field or in a regional office of the commission may be
3-59 removed only for cause.
3-60 (e) The commission shall provide to the commission's members
3-61 and employees, as often as necessary, information regarding their
3-62 qualifications for office or employment under this chapter and
3-63 their responsibilities under applicable laws relating to standards
3-64 of conduct for state officers or employees.
3-65 (f) The commission shall develop and implement policies that
3-66 clearly define the respective responsibilities of the commission
3-67 and the staff of the commission.
3-68 Sec. 233.105. DUTIES OF EXECUTIVE DIRECTOR. (a) The
3-69 executive director shall exercise all rights, powers, and duties
4-1 imposed or conferred by law on the commission unless the right,
4-2 power, or duty is specifically delegated by the commission to the
4-3 commission's agents or employees.
4-4 (b) The executive director shall prepare and submit to the
4-5 commission for its approval a biennial budget of all funds
4-6 necessary to be appropriated by the legislature to the commission
4-7 to carry out the purposes of this chapter. The commission shall
4-8 file each budget request in the form and manner and within the time
4-9 prescribed by law.
4-10 Sec. 233.106. EMPLOYMENT OF ATTORNEYS. (a) The commission
4-11 may employ legal counsel to represent the state or the commission
4-12 in civil suits and in appellate proceedings other than before the
4-13 Supreme Court of Texas.
4-14 (b) An attorney employed by the commission may initiate a
4-15 civil suit for the commission, intervene in pending litigation on
4-16 behalf of the commission, or otherwise represent the commission in
4-17 the courts of this state or in the courts of the United States.
4-18 Sec. 233.107. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS.
4-19 (a) The executive director or the executive director's designee
4-20 shall develop an intra-agency career ladder program. The program
4-21 shall require intra-agency postings of all nonentry level positions
4-22 concurrently with any public posting.
4-23 (b) The executive director or the executive director's
4-24 designee shall develop a system of annual performance evaluations.
4-25 All merit pay for commission employees must be based on the system
4-26 established under this subsection.
4-27 Sec. 233.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.
4-28 (a) The executive director or the executive director's designee
4-29 shall prepare and maintain a written policy statement to assure
4-30 implementation of a program of equal employment opportunity under
4-31 which all personnel transactions are made without regard to race,
4-32 color, handicap, sex, religion, age, or national origin. The
4-33 policy statement must include:
4-34 (1) personnel policies, including policies relating to
4-35 recruitment, evaluation, selection, appointment, training, and
4-36 promotion of personnel;
4-37 (2) a comprehensive analysis of the commission
4-38 workforce that meets federal and state guidelines;
4-39 (3) procedures by which a determination can be made of
4-40 significant underuse in the commission workforce of all persons for
4-41 whom federal or state guidelines encourage a more equitable
4-42 balance; and
4-43 (4) reasonable methods to appropriately address those
4-44 areas of significant underuse.
4-45 (b) A policy statement prepared under Subsection (a) must
4-46 cover an annual period, be updated at least annually, and be filed
4-47 with the governor's office.
4-48 (c) The governor's office shall deliver a biennial report to
4-49 the legislature based on the information received under Subsection
4-50 (b). The report may be made separately or as a part of other
4-51 biennial reports made to the legislature.
4-52 Sec. 233.109. FISCAL REPORT. The commission shall file
4-53 annually with the governor and the presiding officer of each house
4-54 of the legislature a complete and detailed written report
4-55 accounting for all funds received and disbursed by the commission
4-56 during the preceding fiscal year. The annual report must be in the
4-57 form and reported in the time provided by the General
4-58 Appropriations Act.
4-59 Sec. 233.110. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
4-60 (a) The commission shall prepare information of public interest
4-61 describing the functions of the commission and the commission's
4-62 procedures by which complaints are filed with and resolved by the
4-63 commission. The commission shall make the information available to
4-64 the public and appropriate state agencies.
4-65 (b) The commission shall keep an information file about each
4-66 complaint filed with the commission that the commission has
4-67 authority to resolve. If a written complaint is filed with the
4-68 commission that the commission has authority to resolve, the
4-69 commission, at least quarterly and until final disposition of the
5-1 complaint, shall notify the parties to the complaint of the status
5-2 of the complaint unless the notice would jeopardize an undercover
5-3 investigation.
5-4 (c) The commission shall prepare and maintain a written plan
5-5 that describes how a person who does not speak English or who has a
5-6 physical, mental, or developmental disability can be provided
5-7 reasonable access to the commission's programs.
5-8 SECTION 2. Section 102.007, Family Code, is amended to read
5-9 as follows:
5-10 Sec. 102.007. STANDING OF TITLE IV-D AGENCY. (a) In
5-11 providing services authorized by Chapter 231, the Title IV-D agency
5-12 or a political subdivision contracting with the Title IV-D agency
5-13 [attorney general] to provide Title IV-D services under this title
5-14 may file a child support action authorized under this title,
5-15 including a suit for modification or a motion for enforcement.
5-16 (b) The Title IV-D agency is not required to obtain the
5-17 consent of the attorney general before the agency files an action
5-18 under this title.
5-19 SECTION 3. Subsection (d), Section 102.009, Family Code, is
5-20 amended to read as follows:
5-21 (d) If the petition requests the establishment,
5-22 modification, or enforcement of a support right assigned to the
5-23 Title IV-D agency under Chapter 231, notice shall be given to the
5-24 Title IV-D agency [attorney general] in a manner provided by Rule
5-25 21a, Texas Rules of Civil Procedure.
5-26 SECTION 4. Section 231.001, Family Code, is amended to read
5-27 as follows:
5-28 Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY. The Texas
5-29 Family Support Commission [office of the attorney general] is
5-30 [designated as] the state's Title IV-D agency.
5-31 SECTION 5. Subsections (a) through (g) and (i) through (k),
5-32 Section 231.0011, Family Code, are amended to read as follows:
5-33 (a) The [attorney general, as the] Title IV-D agency for
5-34 this state has [the State of Texas shall have] final approval
5-35 authority on any contract or proposal for delivery of Title IV-D
5-36 services under this section and in coordination with the Texas
5-37 Judicial Council, the Office of Court Administration of the Texas
5-38 Judicial System, the federal Office of Child Support Enforcement,
5-39 and state, county, and local officials, shall develop and implement
5-40 a statewide integrated system for child support and medical support
5-41 enforcement, employing federal, state, local, and private resources
5-42 to:
5-43 (1) unify child support registry functions;
5-44 (2) record and track all child support orders entered
5-45 in the state;
5-46 (3) establish an automated enforcement process which
5-47 will use delinquency monitoring, billing, and other enforcement
5-48 techniques to ensure the payment of current support;
5-49 (4) incorporate existing enforcement resources into
5-50 the system to obtain maximum benefit from state and federal
5-51 funding; and
5-52 (5) ensure accountability for all participants in the
5-53 process, including state, county, and local officials, private
5-54 contractors, and the judiciary.
5-55 (b) The Title IV-D agency [attorney general] shall convene a
5-56 work group to determine a process and develop a timetable for
5-57 implementation of a unified registry system and to identify any
5-58 barriers to completion of the project. The work group shall
5-59 include representatives of the judiciary, district clerks, and
5-60 domestic relations offices, as well as other interested agencies,
5-61 organizations, and individuals. [The work group shall report the
5-62 results of its deliberations to the governor, lieutenant governor,
5-63 speaker of the house of representatives, and attorney general on or
5-64 before January 15, 1996.]
5-65 (c) The Title IV-D agency [attorney general] shall, in
5-66 cooperation with the work group established by this section,
5-67 develop technical standards for participation in the unified child
5-68 support system, including standard required data elements for
5-69 effective monitoring of child support and medical support orders
6-1 and for the imposition of interest on delinquent child support.
6-2 (d) Counties and other providers of child support services
6-3 shall be required, as a condition of participation in the unified
6-4 system, to enter into a contract with the Title IV-D agency
6-5 [attorney general], to comply with all federal requirements for the
6-6 Title IV-D program, and to maintain at least the current level of
6-7 funding for activities which are proposed to be included in the
6-8 integrated child support system.
6-9 (e) The Title IV-D agency [attorney general] shall identify
6-10 federal requirements, apply for necessary federal waivers, and
6-11 provide technical system requirements and other information
6-12 concerning participation in the system to counties and other
6-13 providers of child support services [not later than January 15,
6-14 1996]. Counties shall notify the Title IV-D agency [attorney
6-15 general] of existing resources and options for participation [not
6-16 later than May 1, 1996].
6-17 (f) The Title IV-D agency [Not later than June 1, 1996, the
6-18 attorney general] shall produce a procurement and implementation
6-19 plan for hardware and software necessary to implement in phases a
6-20 unified statewide registry and enforcement system.
6-21 (g) The Title IV-D agency [Effective January 15, 1996, the
6-22 attorney general] may contract with any county meeting technical
6-23 system requirements necessary to comply with federal law for
6-24 provision of Title IV-D services in that county. All new cases in
6-25 which support orders are entered in such county after the effective
6-26 date of a monitoring contract shall be Title IV-D cases. Any other
6-27 case in the county, subject to federal requirements and the
6-28 agreement of the county and the Title IV-D agency [attorney
6-29 general], may be included as a Title IV-D case. Any obligee under
6-30 a support order may refuse Title IV-D enforcement services unless
6-31 required to accept such services pursuant to other law.
6-32 (i) The Title IV-D agency [attorney general] shall undertake
6-33 a least-cost review of its child support operations and shall use
6-34 the information developed in such review to determine what, if any,
6-35 contribution of program funds generated through other Title IV-D
6-36 activities should be made to the participating counties. The Title
6-37 IV-D agency [attorney general], in cooperation with the counties
6-38 and the federal Office of Child Support Enforcement shall develop a
6-39 cost allocation methodology to assist the counties in identifying
6-40 county contributions which may qualify for federal financial
6-41 participation.
6-42 (j) The Title IV-D agency [attorney general] may phase in
6-43 the integrated child support registry and enforcement system, and
6-44 the requirement to implement the system shall be contingent on the
6-45 receipt of locally generated funds and federal reimbursement.
6-46 Locally generated funds include but are not limited to funds
6-47 contributed by counties and cities.
6-48 [(k) The attorney general shall adopt rules to implement
6-49 this section.]
6-50 SECTION 6. The heading of Section 231.205, Family Code, is
6-51 amended to read as follows:
6-52 Sec. 231.205. LIMITATIONS ON LIABILITY OF TITLE IV-D AGENCY
6-53 [ATTORNEY GENERAL] FOR AUTHORIZED FEES AND COSTS.
6-54 SECTION 7. Subsections (e) and (f), Section 21.007,
6-55 Government Code, are amended to read as follows:
6-56 (e) A county commissioners court, statutory county court
6-57 judge, district judge, or court clerk may apply to the presiding
6-58 judges for funds from the account. After receiving an application,
6-59 the presiding judges may conduct an on-site assessment of the needs
6-60 of the applicant. Before acting on any other pending applications,
6-61 the presiding judges shall act on applications for funds to employ
6-62 a court master and other judicial employees or to purchase
6-63 equipment necessary to comply with state or federal law relating to
6-64 the Child Support Enforcement Amendments of 1984 (P.L. 98-378).
6-65 All funds expended are subject to audit by the comptroller [of
6-66 public accounts] and the state auditor. Funds shall be allocated
6-67 among the various administrative judicial regions taking into
6-68 consideration the intent of the legislature that the amount of
6-69 federal funds available under the Title IV-D program of the Social
7-1 Security Act, as amended, for the collection and enforcement of
7-2 child support obligations shall be maximized. The presiding judges
7-3 may [are given the power to] contract with the Texas Family Support
7-4 Commission [Office of the Attorney General] and local political
7-5 subdivisions as may be necessary to achieve this intent.
7-6 (f) After approval of an application by the presiding
7-7 judges, the applicant may be directly reimbursed by the comptroller
7-8 from the child support and court management account for expenses
7-9 incurred pursuant to the approved application in accordance with
7-10 this section [Act]. A person paid from funds drawn on the account
7-11 is an employee of the county, and that person's salary may be
7-12 supplemented from other sources, including local or federal funds
7-13 and public or private grants. Funds allocated for personnel may
7-14 not be used to pay the salary of a district or statutory county
7-15 court judge. Funds allocated for personnel may be used to pay in
7-16 full or in part the salary of an employee, to supplement the salary
7-17 of an existing employee, or to hire additional personnel. The
7-18 presiding judges and the Office of Court Administration shall
7-19 cooperate with any state or federal agency to provide for the
7-20 fullest possible supplementation of the account and shall act as
7-21 necessary to qualify account funds for any federal matching funds
7-22 or reimbursement of funds available under the Title IV-D program
7-23 [administered by the attorney general].
7-24 SECTION 8. Subsections (a) and (c), Section 466.407,
7-25 Government Code, are amended to read as follows:
7-26 (a) The executive director shall deduct the amount of a
7-27 delinquent tax or other money from the winnings of a person who has
7-28 been finally determined to be:
7-29 (1) delinquent in the payment of a tax or other money
7-30 collected by the comptroller[, the state treasurer,] or the Texas
7-31 Alcoholic Beverage Commission;
7-32 (2) delinquent in making child support payments
7-33 administered or collected by the Texas Family Support Commission
7-34 [attorney general];
7-35 (3) in default on a loan made under Chapter 52,
7-36 Education Code; or
7-37 (4) in default on a loan guaranteed under Chapter 57,
7-38 Education Code.
7-39 (c) The Texas Family Support Commission [attorney general],
7-40 comptroller, [state treasurer,] Texas Alcoholic Beverage
7-41 Commission, Texas Higher Education Coordinating Board, and Texas
7-42 Guaranteed Student Loan Corporation shall each provide the
7-43 executive director with a report of persons who have been finally
7-44 determined to be delinquent in the payment of a tax or other money
7-45 collected by the agency. The commission shall adopt rules
7-46 regarding the form and frequency of reports under this subsection.
7-47 SECTION 9. Subsection (g), Section 192.003, Health and
7-48 Safety Code, is amended to read as follows:
7-49 (g) The state registrar shall transmit signed consent forms
7-50 to the Texas Family Support Commission, which [attorney general
7-51 who] may use such forms for any purpose directly connected with the
7-52 provision of child support services pursuant to Chapter 231, Family
7-53 Code.
7-54 SECTION 10. Subsection (a), Section 521.044, Transportation
7-55 Code, is amended to read as follows:
7-56 (a) Information provided on a driver's license application
7-57 that relates to the applicant's social security number may be used
7-58 only by the department or disclosed only to:
7-59 (1) the Texas Family Support Commission [child support
7-60 enforcement division of the attorney general's office]; or
7-61 (2) another state entity responsible for enforcing the
7-62 payment of child support.
7-63 SECTION 11. Subsection (a), Section 2, Article 4413(29ee),
7-64 Revised Statutes, is amended to read as follows:
7-65 (a) A person is eligible for a license to carry a concealed
7-66 handgun if the person:
7-67 (1) is a legal resident of this state for the
7-68 six-month period preceding the date of application under this
7-69 article;
8-1 (2) is at least 21 years of age;
8-2 (3) has not been convicted of a felony;
8-3 (4) is not charged with the commission of a Class A or
8-4 Class B misdemeanor or an offense under Section 42.01, Penal Code,
8-5 or of a felony under an information or indictment;
8-6 (5) is not a fugitive from justice for a felony or a
8-7 Class A or Class B misdemeanor;
8-8 (6) is not a chemically dependent person;
8-9 (7) is not a person of unsound mind;
8-10 (8) has not, in the five years preceding the date of
8-11 application, been convicted of a Class A or Class B misdemeanor or
8-12 an offense under Section 42.01, Penal Code;
8-13 (9) is fully qualified under applicable federal and
8-14 state law to purchase a handgun;
8-15 (10) has not been finally determined to be delinquent
8-16 in making a child support payment administered or collected by the
8-17 Texas Family Support Commission [attorney general];
8-18 (11) has not been finally determined to be delinquent
8-19 in the payment of a tax or other money collected by the
8-20 comptroller, [state treasurer,] tax collector of a political
8-21 subdivision of the state, Texas Alcoholic Beverage Commission, or
8-22 any other agency or subdivision of the state;
8-23 (12) has not been finally determined to be in default
8-24 on a loan made under Chapter 57, Education Code;
8-25 (13) is not currently restricted under a court
8-26 protective order or subject to a restraining order affecting the
8-27 spousal relationship, not including a restraining order solely
8-28 affecting property interests;
8-29 (14) has not, in the 10 years preceding the date of
8-30 application, been adjudicated as having engaged in delinquent
8-31 conduct violating a penal law of the grade of felony; and
8-32 (15) has not made any material misrepresentation, or
8-33 failed to disclose any material fact, in an application submitted
8-34 pursuant to Section 3 of this article or in a request for
8-35 application submitted pursuant to Section 4 of this article.
8-36 SECTION 12. (a) Not later than October 1, 1997, the
8-37 governor shall appoint the initial members of the Texas Family
8-38 Support Commission in accordance with Chapter 233, Family Code, as
8-39 added by this Act. The governor shall appoint two members for
8-40 terms expiring February 1, 1999, two members for terms expiring
8-41 February 1, 2001, and two members for terms expiring February 1,
8-42 2003. The commission may not take action until all six members
8-43 have taken office.
8-44 (b) The Texas Family Support Commission shall employ an
8-45 executive director in accordance with Chapter 233, Family Code, as
8-46 added by this Act, not later than November 1, 1997.
8-47 (c) On the effective date of this Act, the transition
8-48 committee for the Texas Family Support Commission is established.
8-49 The committee shall consist of three members. The governor shall
8-50 appoint two members of the committee and the attorney general shall
8-51 appoint one member of the committee. The committee shall be
8-52 responsible for developing a plan for the identification and
8-53 transfer of the records, personnel, property, and unspent
8-54 appropriations of the Office of the Attorney General that are used
8-55 by that office on the effective date of this Act to conduct the
8-56 office's child support enforcement responsibilities. The plan
8-57 developed under this subsection shall include a provision for the
8-58 transfer of all classified personnel and all field-level exempt
8-59 personnel of the attorney general's child support enforcement
8-60 division, including attorneys, to the Texas Family Support
8-61 Commission. The plan may also provide for the transfer of other
8-62 management or support personnel that the transition committee
8-63 determines would aid in the administration of the Texas Family
8-64 Support Commission.
8-65 SECTION 13. (a) On January 1, 1998, or an earlier date as
8-66 determined by the transition committee of the Texas Family Support
8-67 Commission, the child support enforcement division of the Office of
8-68 the Attorney General is abolished. On that date, the powers,
8-69 duties, obligations, rights, contracts, records, personnel,
9-1 property, and unspent appropriations of the Office of the Attorney
9-2 General identified by the plan developed by the transition
9-3 committee of the Texas Family Support Commission are transferred to
9-4 the commission. On the date the plan developed by the transition
9-5 committee of the Texas Family Support Commission is implemented
9-6 under this section, the transition committee is abolished.
9-7 (b) Notwithstanding the changes in law made by this Act,
9-8 until the date the attorney general's child support enforcement
9-9 division is abolished as provided by this section, the attorney
9-10 general shall continue to exercise the powers and duties assigned
9-11 to the Office of the Attorney General under the law in effect
9-12 before the effective date of this Act, and the former law is
9-13 continued in effect for that purpose.
9-14 (c) All complaints, proceedings, and investigations before
9-15 the child support enforcement division of the Office of the
9-16 Attorney General are transferred without change in status to the
9-17 Texas Family Support Commission.
9-18 SECTION 14. On the date a majority of the members of the
9-19 Texas Family Support Commission take office, the commission shall
9-20 assume the duties previously assigned to the attorney general under
9-21 Section 231.0011, Family Code. A requirement under Section
9-22 231.0011, Family Code, that the attorney general perform a duty by
9-23 a date specified by that section that the attorney general has not
9-24 performed or completed on or before the effective date of this Act
9-25 shall become a duty of the Texas Family Support Commission on that
9-26 date.
9-27 SECTION 15. The importance of this legislation and the
9-28 crowded condition of the calendars in both houses create an
9-29 emergency and an imperative public necessity that the
9-30 constitutional rule requiring bills to be read on three several
9-31 days in each house be suspended, and this rule is hereby suspended,
9-32 and that this Act take effect and be in force from and after its
9-33 passage, and it is so enacted.
9-34 * * * * *