By: Haywood S.B. No. 1594
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the enforcement and collection of child support;
1-2 providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 110, Family Code, is amended by adding
1-5 Section 110.006 to read as follows:
1-6 Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEE. If
1-7 an administering entity of a domestic relations office adopts an
1-8 initial operations fee under Section 203.005(a)(1), the clerk of
1-9 the court shall collect the fee at the time the suit is filed and
1-10 send the fee to the domestic relations office.
1-11 SECTION 2. Subsection (b), Section 154.242, Family Code, is
1-12 amended to read as follows:
1-13 (b) A local registry may transmit child support payments to
1-14 the Title IV-D agency by electronic funds transfer if the Title
1-15 IV-D agency agrees to accept electronic payment. An obligor may
1-16 make payments, with the approval of the court entering the order,
1-17 directly to the bank account of the obligee by electronic transfer
1-18 and provide verification of the deposit to the local registry. A
1-19 local registry in a county that makes deposits into personal bank
1-20 accounts by electronic funds transfer as of April 1, 1995, may
1-21 [shall] transmit a child support payment to an obligee by
1-22 electronic funds transfer if the obligee maintains a bank account.
1-23 SECTION 3. Section 157.102, Family Code, is amended to read
2-1 as follows:
2-2 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
2-3 Law enforcement officials shall treat the capias in the same manner
2-4 as an arrest warrant for a criminal offense and shall enter the
2-5 capias in the computer records for outstanding warrants maintained
2-6 by the local police, sheriff, and Department of Public Safety. The
2-7 capias may be forwarded to and disseminated by the Texas Crime
2-8 Information Center and the National Crime Information Center.
2-9 SECTION 4. Section 157.211, Family Code, is amended to read
2-10 as follows:
2-11 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
2-12 court places the respondent on community supervision and suspends
2-13 commitment, the terms and conditions of community supervision may
2-14 include the requirement that the respondent:
2-15 (1) report to the community supervision and
2-16 corrections department officer as directed;
2-17 (2) permit the community supervision and corrections
2-18 department officer to visit the respondent at the respondent's home
2-19 or elsewhere;
2-20 (3) obtain counseling on financial planning, budget
2-21 management, alcohol or drug abuse, or other matters causing the
2-22 respondent to fail to obey the order; [and]
2-23 (4) pay required child support and any child support
2-24 arrearages; and
2-25 (5) pay court costs and attorney's fees ordered by the
3-1 court.
3-2 SECTION 5. Section 157.261, Family Code, is amended to read
3-3 as follows:
3-4 Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A
3-5 child support payment not timely made constitutes a final judgment
3-6 for the amount due and owing, including interest as provided in
3-7 this chapter.
3-8 (b) For the purposes of this subchapter, interest begins to
3-9 accrue on the date the judge signs the order for the judgment
3-10 unless the order contains a statement that the order is rendered on
3-11 another specific date.
3-12 SECTION 6. Section 158.104, Family Code, is amended to read
3-13 as follows:
3-14 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
3-15 WITHHOLDING. A request for issuance of an order or writ of
3-16 withholding may be filed with the clerk of the court by the
3-17 prosecuting attorney, the Title IV-D agency, the friend of the
3-18 court, the obligor, or the obligee.
3-19 SECTION 7. Subsection (b), Section 158.105, Family Code, is
3-20 amended to read as follows:
3-21 (b) In order to inform the employer, the clerk shall attach
3-22 a copy of Subchapter C [this subchapter] to the order or writ.
3-23 SECTION 8. Section 158.203, Family Code, is amended to read
3-24 as follows:
3-25 Sec. 158.203. REMITTING WITHHELD PAYMENTS. (a) The
4-1 employer shall remit the amount to be withheld to the person or
4-2 office named in the order or writ on each pay date. The payment
4-3 must include the date on which the withholding occurred.
4-4 (b) The employer shall include with each payment
4-5 transmitted:
4-6 (1) the number assigned by the Title IV-D agency, if
4-7 available, the county identification number, if available, or the
4-8 cause number of the suit under which withholding is required;
4-9 (2) the payor's name; and
4-10 (3) the payee's name, unless the payment is
4-11 transmitted by electronic funds transfer.
4-12 SECTION 9. Subsection (b), Section 202.002, Family Code, is
4-13 amended to read as follows:
4-14 (b) A friend of the court, not later than the 15th day of
4-15 the month following the reporting month[, shall]:
4-16 (1) shall report to the court or monitor reports made
4-17 to the court on:
4-18 (A) the amount of child support collected as a
4-19 percentage of the amount ordered; and
4-20 (B) efforts to ensure compliance with orders
4-21 relating to possession of or access to a child; and
4-22 (2) may file an action to enforce, clarify, or modify
4-23 a court order relating to child support or possession of or access
4-24 to a child.
4-25 SECTION 10. Section 203.004, Family Code, is amended by
5-1 adding Subsection (c) to read as follows:
5-2 (c) A domestic relations office may hire or contract for the
5-3 services of attorneys to assist the office in providing services
5-4 under this chapter.
5-5 SECTION 11. Subsection (a), Section 203.006, Family Code, is
5-6 amended to read as follows:
5-7 (a) As determined by the administering entity, fees
5-8 collected or received by a domestic relations office shall be
5-9 deposited in:
5-10 (1) the general fund for the county in which the
5-11 domestic relations office is located; or
5-12 (2) the office fund established for the domestic
5-13 relations office.
5-14 SECTION 12. Section 231.0011, Family Code, is amended by
5-15 adding Subsection (m) to read as follows:
5-16 (m) This section does not limit the ability of the Title
5-17 IV-D agency to enter into an agreement with a county for the
5-18 provision of services as authorized under Section 231.002.
5-19 SECTION 13. Section 231.101, Family Code, is amended by
5-20 adding Subsection (c) to read as follows:
5-21 (c) The Title IV-D agency shall distribute a child support
5-22 payment received by the agency from an employer within two working
5-23 days after the date the agency receives the payment.
5-24 SECTION 14. Subsection (f), Section 32.41, Penal Code, is
5-25 amended to read as follows:
6-1 (f) Except as otherwise provided by this subsection, an [An]
6-2 offense under this section is a Class C misdemeanor. If the check
6-3 or similar sight order that was issued or passed was for a child
6-4 support payment the obligation for which is established under a
6-5 court order, the offense is a Class B misdemeanor.
6-6 SECTION 15. (a) Except as otherwise provided by this
6-7 section, this Act takes effect September 1, 1997.
6-8 (b) The change in law made by this Act by the addition of
6-9 Section 110.006, Family Code, applies only to a suit affecting the
6-10 parent-child relationship filed on or after the effective date of
6-11 this Act. A suit filed before the effective date of this Act is
6-12 governed by the law in effect on the date the suit was filed, and
6-13 the former law is continued in effect for that purpose.
6-14 (c) The change in law made by this Act to Subsection (b),
6-15 Section 154.242, and Section 158.203, Family Code, as amended by
6-16 this Act, takes effect January 1, 1998.
6-17 (d) The change in law made by this Act by the addition of
6-18 Subsection (c), Section 231.101, Family Code, applies only to a
6-19 child support payment made on or after October 1, 1999, or the date
6-20 the state disbursement unit begins to operate, whichever date is
6-21 earlier. A child support payment made before that date is governed
6-22 by the law in effect on the date the payment was made, and the
6-23 former law is continued in effect for that purpose.
6-24 (e) The change in law made by this Act to Subsection (f),
6-25 Section 32.41, Penal Code, as amended by this Act, applies only to
7-1 an offense committed on or after the effective date of this Act.
7-2 For purposes of this subsection, an offense is committed before the
7-3 effective date of this Act if any element of the offense occurs
7-4 before that date. An offense committed before the effective date
7-5 of this Act is governed by the law in effect when the offense was
7-6 committed, and the former law is continued in effect for that
7-7 purpose.
7-8 SECTION 16. The importance of this legislation and the
7-9 crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended.