By Haywood S.B. No. 1594
75R8840 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement and collection of child support;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 110, Family Code, is amended by adding
1-6 Section 110.006 to read as follows:
1-7 Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEE. If
1-8 an administering entity of a domestic relations office adopts an
1-9 initial operations fee under Section 203.005(a)(1), the clerk of
1-10 the court shall collect the fee at the time the suit is filed and
1-11 send the fee to the domestic relations office.
1-12 SECTION 2. Section 154.242(b), Family Code, is amended to
1-13 read as follows:
1-14 (b) A local registry may transmit child support payments to
1-15 the Title IV-D agency by electronic funds transfer if the Title
1-16 IV-D agency agrees to accept electronic payment. An obligor may
1-17 make payments, with the approval of the court entering the order,
1-18 directly to the bank account of the obligee by electronic transfer
1-19 and provide verification of the deposit to the local registry. A
1-20 local registry in a county that makes deposits into personal bank
1-21 accounts by electronic funds transfer as of April 1, 1995, may
1-22 [shall] transmit a child support payment to an obligee by
1-23 electronic funds transfer if the obligee maintains a bank account.
1-24 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
2-26 court.
2-27 SECTION 5. Section 157.261, Family Code, is amended to read
3-1 as follows:
3-2 Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. (a) A
3-3 child support payment not timely made constitutes a final judgment
3-4 for the amount due and owing, including interest as provided in
3-5 this chapter.
3-6 (b) For the purposes of this subchapter, interest begins to
3-7 accrue on the date the judge signs the order for the judgment
3-8 unless the order contains a statement that the order is rendered on
3-9 another specific date.
3-10 SECTION 6. Section 157.268, Family Code, is amended to read
3-11 as follows:
3-12 Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT.
3-13 (a) Child support collected shall be applied in the following
3-14 order of priority:
3-15 (1) current child support;
3-16 (2) the principal amount of child support that has not
3-17 been confirmed and reduced to money judgment;
3-18 (3) the principal amount of child support that has
3-19 been confirmed and reduced to money judgment; and
3-20 (4) [non-delinquent child support owed;]
3-21 [(3)] interest on the principal amounts specified in
3-22 Subdivisions (2) [(4)] and (3) [(5);]
3-23 [(4) the principal amount of child support that has
3-24 not been confirmed and reduced to money judgment; and]
3-25 [(5) the principal amount of child support that has
3-26 been confirmed and reduced to money judgment].
3-27 (b) To the extent of any conflict between this section and
4-1 the requirements under federal law regarding the order of priority
4-2 for applying child support collected, federal law prevails.
4-3 SECTION 7. Section 158.104, Family Code, is amended to read
4-4 as follows:
4-5 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
4-6 WITHHOLDING. A request for issuance of an order or writ of
4-7 withholding may be filed with the clerk of the court by the
4-8 prosecuting attorney, the Title IV-D agency, the friend of the
4-9 court, the obligor, or the obligee.
4-10 SECTION 8. Section 158.105(b), Family Code, is amended to
4-11 read as follows:
4-12 (b) In order to inform the employer, the clerk shall attach
4-13 a copy of Subchapter C [this subchapter] to the order or writ.
4-14 SECTION 9. Section 158.203, Family Code, is amended to read
4-15 as follows:
4-16 Sec. 158.203. REMITTING WITHHELD PAYMENTS. (a) The
4-17 employer shall remit the amount to be withheld to the person or
4-18 office named in the order or writ on each pay date. The payment
4-19 must include the date on which the withholding occurred.
4-20 (b) The employer shall include with each payment
4-21 transmitted:
4-22 (1) the cause number of the suit under which
4-23 withholding is required;
4-24 (2) the payor's name and social security number;
4-25 (3) the payee's name and social security number,
4-26 unless the payment is transmitted by electronic funds transfer;
4-27 (4) the county identification number, if available;
5-1 and
5-2 (5) the number assigned by the Title IV-D agency, if
5-3 available.
5-4 SECTION 10. Section 202.002(b), Family Code, is amended to
5-5 read as follows:
5-6 (b) A friend of the court, not later than the 15th day of
5-7 the month following the reporting month[, shall]:
5-8 (1) shall report to the court or monitor reports made
5-9 to the court on:
5-10 (A) the amount of child support collected as a
5-11 percentage of the amount ordered; and
5-12 (B) efforts to ensure compliance with orders
5-13 relating to possession of or access to a child; and
5-14 (2) may file an action to enforce, clarify, or modify
5-15 a court order relating to child support or possession of or access
5-16 to a child.
5-17 SECTION 11. Section 203.004, Family Code, is amended by
5-18 adding Subsection (c) to read as follows:
5-19 (c) A domestic relations office may hire or contract for the
5-20 services of attorneys to assist the office in providing services
5-21 under this chapter.
5-22 SECTION 12. Section 203.006(a), Family Code, is amended to
5-23 read as follows:
5-24 (a) As determined by the administering entity, fees
5-25 collected or received by a domestic relations office shall be
5-26 deposited in:
5-27 (1) the general fund for the county in which the
6-1 domestic relations office is located; or
6-2 (2) the office fund established for the domestic
6-3 relations office.
6-4 SECTION 13. Section 231.0011(g), Family Code, is amended to
6-5 read as follows:
6-6 (g) The [Effective January 15, 1996, the] attorney general
6-7 may contract with any county meeting technical system requirements
6-8 necessary to comply with federal law for provision of Title IV-D
6-9 services in that county. A county may contract with the Title IV-D
6-10 agency for reimbursement of services without the requirement that
6-11 all [All] new cases in which support orders are entered in the
6-12 [such] county after the effective date of a monitoring contract
6-13 shall be Title IV-D cases. Any other case in the county, subject
6-14 to federal requirements and the agreement of the county and the
6-15 attorney general, may be included as a Title IV-D case. Any
6-16 obligee under a support order may refuse Title IV-D enforcement
6-17 services unless required to accept such services pursuant to other
6-18 law.
6-19 SECTION 14. Section 231.101, Family Code, is amended by
6-20 adding Subsection (c) to read as follows:
6-21 (c) The Title IV-D agency shall distribute a child support
6-22 payment received by the agency within two working days after the
6-23 date the agency receives the payment.
6-24 SECTION 15. Section 32.41(f), Penal Code, is amended to read
6-25 as follows:
6-26 (f) Except as otherwise provided by this subsection, an [An]
6-27 offense under this section is a Class C misdemeanor. If the check
7-1 or similar sight order that was issued or passed for a child
7-2 support payment the obligation for which is established under a
7-3 court order, the offense is a Class B misdemeanor.
7-4 SECTION 16. (a) Except as otherwise provided by this
7-5 section, this Act takes effect September 1, 1997.
7-6 (b) The change in law made by this Act by the addition of
7-7 Section 110.006, Family Code, applies only to a suit affecting the
7-8 parent-child relationship filed on or after the effective date of
7-9 this Act. A suit filed before the effective date of this Act is
7-10 governed by the law in effect on the date the suit was filed, and
7-11 the former law is continued in effect for that purpose.
7-12 (c) The change in law made by this Act to Sections
7-13 154.242(b) and 158.203, Family Code, as amended by this Act, takes
7-14 effect January 1, 1998.
7-15 (d) The change in law made by this Act to Section 157.268,
7-16 Family Code, as amended by this Act, applies only to child support
7-17 collected on or after the effective date of this Act. Child
7-18 support collected before the effective date of this Act is governed
7-19 by the law in effect on the date the support was collected, and the
7-20 former law is continued in effect for that purpose.
7-21 (e) The change in law made by this Act by the addition of
7-22 Section 231.101(c), Family Code, applies only to a child support
7-23 payment made on or after the effective date of this Act. A child
7-24 support payment made before the effective date of this Act is
7-25 governed by the law in effect on the date the payment was made, and
7-26 the former law is continued in effect for that purpose.
7-27 (f) The change in law made by this Act to Section 32.41(f),
8-1 Penal Code, as amended by this Act, applies only to an offense
8-2 committed on or after the effective date of this Act. For purposes
8-3 of this subsection, an offense is committed before the effective
8-4 date of this Act if any element of the offense occurs before that
8-5 date. An offense committed before the effective date of this Act
8-6 is governed by the law in effect when the offense was committed,
8-7 and the former law is continued in effect for that purpose.
8-8 SECTION 17. The importance of this legislation and the
8-9 crowded condition of the calendars in both houses create an
8-10 emergency and an imperative public necessity that the
8-11 constitutional rule requiring bills to be read on three several
8-12 days in each house be suspended, and this rule is hereby suspended.