AN ACT 1-1 relating to the authority of certain counties to contract with 1-2 private entities for child support and visitation enforcement 1-3 services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 10, Human Resources Code, is 1-6 amended by adding Chapter 153 to read as follows: 1-7 CHAPTER 153. CHILD SUPPORT COLLECTION BY PRIVATE ENTITY 1-8 Sec. 153.001. APPLICABILITY. This chapter applies only to a 1-9 county that: 1-10 (1) has a population of 1,800,000 or more; and 1-11 (2) did not have the authority to contract with a 1-12 private entity to receive, disburse, and record payments or 1-13 restitution of child support on January 1, 1997. 1-14 Sec. 153.002. AUTHORITY TO CONTRACT. A county, acting 1-15 through its commissioners court or domestic relations office, may 1-16 contract with a private entity to: 1-17 (1) enforce, collect, receive, and disburse: 1-18 (A) child support payments; 1-19 (B) other amounts due under a court order 1-20 containing an order to pay child support; and 1-21 (C) fees, including fees provided by this 1-22 chapter; 1-23 (2) maintain appropriate records, including records of 2-1 child support and other amounts and fees that are due, past due, 2-2 paid, or delinquent; 2-3 (3) locate absent parents; 2-4 (4) furnish statements to parents accounting for 2-5 payments that are due, past due, paid, or delinquent; 2-6 (5) send billings and other appropriate notices to 2-7 parents; 2-8 (6) perform any duty or function that a local 2-9 registry, as that term is defined by Section 101.018, Family Code, 2-10 is authorized to perform; 2-11 (7) perform any duty or function in connection with 2-12 the state case registry established and operated by the Title IV-D 2-13 agency under 42 U.S.C. Section 654a that has responsibility for 2-14 maintaining records with respect to child support orders in all 2-15 Title IV-D cases and in all other cases in which a support order is 2-16 rendered or modified under the Family Code; or 2-17 (8) provide another child support or visitation 2-18 enforcement service authorized by the commissioners court, 2-19 including mediation of disputes related to child support or 2-20 visitation. 2-21 Sec. 153.003. TERMS AND CONDITIONS OF CONTRACT. The 2-22 commissioners court or domestic relations office shall include all 2-23 appropriate terms and conditions in the contract that it determines 2-24 are reasonable to secure the services of a private entity as 2-25 provided by this chapter, including: 3-1 (1) provisions specifying the services to be provided 3-2 by the entity; 3-3 (2) the method, conditions, and amount of compensation 3-4 for the entity; 3-5 (3) provisions for the security of funds collected as 3-6 child support, fees, or other amounts under the contract or that 3-7 otherwise provide reasonable assurance to the county of the 3-8 entity's full and faithful performance of the contract; 3-9 (4) provisions specifying the records to be kept by 3-10 the entity, including any records necessary to fully account for 3-11 all funds received and disbursed as child support, fees, or other 3-12 amounts; 3-13 (5) requirements governing the inspection, 3-14 verification, audit, or explanation of the entity's accounting or 3-15 other records; 3-16 (6) the county's right to terminate the contract on 30 3-17 days' notice to the private entity if the private entity engages in 3-18 an ongoing pattern of child support enforcement that constitutes 3-19 wilful and gross misconduct subjecting delinquent obligors to 3-20 unconscionable duress, abuse, or harassment; 3-21 (7) provisions permitting a payor and payee to jointly 3-22 waive the monitoring procedure, if not required by law, by written 3-23 request approved by order of the court having jurisdiction of the 3-24 suit in which the child support order was issued; and 3-25 (8) provisions for the disclosure or nondisclosure of 4-1 information or records maintained or known to the entity as a 4-2 result of contract performance, including a requirement for the 4-3 private entity to: 4-4 (A) disclose to any child support obligor that 4-5 the private entity is attempting to enforce the obligor's child 4-6 support obligation; and 4-7 (B) make no disclosure of the information or 4-8 records other than in furtherance of the effort to enforce the 4-9 child support order. 4-10 Sec. 153.004. FUNDING. (a) To provide or recover the costs 4-11 of providing services authorized by this chapter, a commissioners 4-12 court, on its behalf or on behalf of the domestic relations office, 4-13 may: 4-14 (1) provide by order for the assessment and collection 4-15 of a reasonable fee at the time a party files a suit affecting the 4-16 parent-child relationship under the Family Code; 4-17 (2) provide by order for the assessment and collection 4-18 of a fee of $3 per month at a time specified for payment of child 4-19 support; 4-20 (3) provide by order for the assessment and collection 4-21 of a late payment fee of $4 per month to be imposed if an obligor 4-22 does not make a payment of child support in full when due; 4-23 (4) accept or receive funds from public grants or 4-24 private sources available for providing services authorized by this 4-25 chapter; or 5-1 (5) use any combination of funding sources specified 5-2 by this subsection. 5-3 (b) The commissioners court, on its behalf or on behalf of 5-4 the domestic relations office, may: 5-5 (1) provide by order for reasonable exemptions from 5-6 the collection of fees authorized by Subsection (a); and 5-7 (2) require payment of a fee authorized by Subsection 5-8 (a)(2) annually and in advance. 5-9 (c) The commissioners court may not charge a fee under 5-10 Subsection (a)(2) if the amount of child support ordered to be paid 5-11 is less than the equivalent of $100 per month. 5-12 (d) The fees established under Subsection (a) may be 5-13 collected by any means provided for the collection of child 5-14 support. The commissioners court may provide by order, on its 5-15 behalf or on behalf of the domestic relations office, for the 5-16 manner of collection of fees and the apportionment of payments 5-17 received to meet fee obligations. 5-18 Sec. 153.005. CUMULATIVE EFFECT OF CHAPTER. A power or duty 5-19 conferred on a county, county official, or county instrumentality 5-20 by this chapter is cumulative of the powers and duties created or 5-21 conferred by other law. 5-22 SECTION 2. Subsection (b), Section 154.242, Family Code, is 5-23 amended to read as follows: 5-24 (b) A local registry may transmit child support payments to 5-25 the Title IV-D agency by electronic funds transfer if the Title 6-1 IV-D agency agrees to accept electronic payment. An obligor may 6-2 make payments, with the approval of the court entering the order, 6-3 directly to the bank account of the obligee by electronic transfer 6-4 and provide verification of the deposit to the local registry. A 6-5 local registry in a county that makes deposits into personal bank 6-6 accounts by electronic funds transfer as of April 1, 1995, shall 6-7 transmit a child support payment to an obligee by electronic funds 6-8 transfer if the obligee maintains a bank account. The obligee 6-9 shall furnish to the local registry the necessary bank account 6-10 information to complete electronic payment if the Title IV-D agency 6-11 agrees to accept electronic payment. 6-12 SECTION 3. This Act takes effect September 1, 1997. 6-13 SECTION 4. The importance of this legislation and the 6-14 crowded condition of the calendars in both houses create an 6-15 emergency and an imperative public necessity that the 6-16 constitutional rule requiring bills to be read on three several 6-17 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1161 passed the Senate on April 15, 1997, by a viva-voce vote; and that the Senate concurred in House amendment on May 30, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1161 passed the House, with amendment, on May 28, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor