1-1     By:  Haywood                                          S.B. No. 1594

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 30, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 30, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1594                  By:  Harris

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the enforcement and collection of child support;

1-11     providing a penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Chapter 110, Family Code, is amended by adding

1-14     Section 110.006 to read as follows:

1-15           Sec. 110.006.  DOMESTIC RELATIONS OFFICE OPERATIONS FEE.  If

1-16     an administering entity  of a domestic relations office adopts an

1-17     initial operations fee under Section 203.005(a)(1), the clerk of

1-18     the court shall collect the fee at the time the suit is filed and

1-19     send the fee to the domestic relations office.

1-20           SECTION 2.  Subsection (b), Section 154.242, Family Code, is

1-21     amended to read as follows:

1-22           (b)  A local registry may transmit child support payments to

1-23     the Title IV-D agency by electronic funds transfer if the Title

1-24     IV-D agency agrees to accept electronic payment.  An obligor may

1-25     make payments, with the approval of the court entering the order,

1-26     directly to the bank account of the obligee by electronic transfer

1-27     and provide verification of the deposit to the local registry.  A

1-28     local registry in a county that makes deposits into personal bank

1-29     accounts by electronic funds transfer as of April 1, 1995, may

1-30     [shall] transmit a child support payment to an obligee by

1-31     electronic funds transfer if the obligee maintains a bank account.

1-32           SECTION 3.  Section 157.102, Family Code, is amended to read

1-33     as follows:

1-34           Sec. 157.102.  CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.

1-35     Law enforcement officials shall treat the capias in the same manner

1-36     as an arrest warrant for a criminal offense and shall enter the

1-37     capias in the computer records for outstanding warrants maintained

1-38     by the local police, sheriff, and Department of Public Safety.  The

1-39     capias may be forwarded to and disseminated by the Texas Crime

1-40     Information Center and the National Crime Information Center.

1-41           SECTION 4.  Section 157.211, Family Code, is amended to read

1-42     as follows:

1-43           Sec. 157.211.  CONDITIONS OF COMMUNITY SUPERVISION.  If the

1-44     court places the respondent on community supervision and suspends

1-45     commitment, the terms and conditions of community supervision may

1-46     include the requirement that the respondent:

1-47                 (1)  report to the community supervision and

1-48     corrections department officer as directed;

1-49                 (2)  permit the community supervision and corrections

1-50     department officer to visit the respondent at the respondent's home

1-51     or elsewhere;

1-52                 (3)  obtain counseling on financial planning, budget

1-53     management, alcohol or drug abuse, or other matters causing the

1-54     respondent to fail to obey the order; [and]

1-55                 (4)  pay required child support and any child support

1-56     arrearages; and

1-57                 (5)  pay court costs and attorney's fees ordered by the

1-58     court.

1-59           SECTION 5.  Section 157.261, Family Code, is amended to read

1-60     as follows:

1-61           Sec. 157.261.  UNPAID CHILD SUPPORT AS JUDGMENT.  (a)  A

1-62     child support payment not timely made constitutes a final judgment

1-63     for the amount due and owing, including interest as provided in

1-64     this chapter.

 2-1           (b)  For the purposes of this subchapter, interest begins to

 2-2     accrue on the date the judge signs the order for the judgment

 2-3     unless the order contains a statement that the order is rendered on

 2-4     another specific date.

 2-5           SECTION 6.  Section 158.104, Family Code, is amended to read

 2-6     as follows:

 2-7           Sec. 158.104.  REQUEST FOR ISSUANCE OF ORDER OR WRIT OF

 2-8     WITHHOLDING.  A request for issuance of an order or writ of

 2-9     withholding may be filed with the clerk of the court by the

2-10     prosecuting attorney, the Title IV-D agency, the friend of the

2-11     court, the obligor, or the obligee.

2-12           SECTION 7.  Subsection (b), Section 158.105, Family Code, is

2-13     amended to read as follows:

2-14           (b)  In order to inform the employer, the clerk shall attach

2-15     a copy of Subchapter C [this subchapter] to the order or writ.

2-16           SECTION 8.  Section 158.203, Family Code, is amended to read

2-17     as follows:

2-18           Sec. 158.203.  REMITTING WITHHELD PAYMENTS.  (a)  The

2-19     employer shall remit the amount to be withheld to the person or

2-20     office named in the order or writ on each pay date.  The payment

2-21     must include the date on which the withholding occurred.

2-22           (b)  The employer shall include with each payment

2-23     transmitted:

2-24                 (1)  the number assigned by the Title IV-D agency, if

2-25     available, the county identification number, if available, or the

2-26     cause number of the suit under which withholding is required;

2-27                 (2)  the payor's name; and

2-28                 (3)  the payee's name, unless the payment is

2-29     transmitted by electronic funds transfer.

2-30           SECTION 9.  Subsection (b), Section 202.002, Family Code, is

2-31     amended to read as follows:

2-32           (b)  A friend of the court, not later than the 15th day of

2-33     the month following the reporting month[, shall]:

2-34                 (1)  shall report to the court or monitor reports made

2-35     to the court on:

2-36                       (A)  the amount of child support collected as a

2-37     percentage of the amount ordered; and

2-38                       (B)  efforts to ensure compliance with orders

2-39     relating to possession of or access to a child; and

2-40                 (2)  may file an action to enforce, clarify, or modify

2-41     a court order relating to child support or possession of or access

2-42     to a child.

2-43           SECTION 10.  Section 203.004, Family Code, is amended by

2-44     adding Subsection (c) to read as follows:

2-45           (c)  A domestic relations office may hire or contract for the

2-46     services of attorneys to assist the office in providing services

2-47     under this chapter.

2-48           SECTION 11.  Subsection (a), Section 203.006, Family Code, is

2-49     amended to read as follows:

2-50           (a)  As determined by the administering entity, fees

2-51     collected or received by a domestic relations office shall be

2-52     deposited in:

2-53                 (1)  the general fund for the county in which the

2-54     domestic relations office is located; or

2-55                 (2)  the office fund established for the domestic

2-56     relations office.

2-57           SECTION 12.  Section 231.0011, Family Code, is amended by

2-58     adding Subsection (m) to read as follows:

2-59           (m)  This section does not limit the ability of the Title

2-60     IV-D agency to enter into an agreement with a county for the

2-61     provision of services as authorized under Section 231.002.

2-62           SECTION 13.  Section 231.101, Family Code, is amended by

2-63     adding Subsection (c) to read as follows:

2-64           (c)  The Title IV-D agency shall distribute a child support

2-65     payment received by the agency from an employer within two working

2-66     days after the date the agency receives the payment.

2-67           SECTION 14.  Subsection (f), Section 32.41, Penal Code, is

2-68     amended to read as follows:

2-69           (f)  Except as otherwise provided by this subsection, an [An]

 3-1     offense under this section is a Class C misdemeanor.  If the check

 3-2     or similar sight order that was issued or passed was for a child

 3-3     support payment the obligation for which is established under a

 3-4     court order, the offense is a Class B misdemeanor.

 3-5           SECTION 15.  (a)  Except as otherwise provided by this

 3-6     section, this Act takes effect September 1, 1997.

 3-7           (b)  The change in law made by this Act by the addition of

 3-8     Section 110.006, Family Code, applies only to a suit affecting the

 3-9     parent-child relationship filed on or after the effective date of

3-10     this Act.  A suit filed before the effective date of this Act is

3-11     governed by the law in effect on the date the suit was filed, and

3-12     the former law is continued in effect for that purpose.

3-13           (c)  The change in law made by this Act to Subsection (b),

3-14     Section 154.242, and Section 158.203, Family Code, as amended by

3-15     this Act, takes effect January 1, 1998.

3-16           (d)  The change in law made by this Act by the addition of

3-17     Subsection (c), Section 231.101, Family Code, applies only to a

3-18     child support payment made on or after October 1, 1999, or the date

3-19     the state disbursement unit begins to operate, whichever date is

3-20     earlier.  A child support payment made before that date is governed

3-21     by the law in effect on the date the payment was made, and the

3-22     former law is continued in effect for that purpose.

3-23           (e)  The change in law made by this Act to Subsection (f),

3-24     Section 32.41, Penal Code, as amended by this Act, applies only to

3-25     an offense committed on or after the effective date of this Act.

3-26     For purposes of this subsection, an offense is committed before the

3-27     effective date of this Act if any element of the offense occurs

3-28     before that date.  An offense committed before the effective date

3-29     of this Act is governed by the law in effect when the offense was

3-30     committed, and the former law is continued in effect for that

3-31     purpose.

3-32           SECTION 16.  The importance of this legislation and the

3-33     crowded condition of the calendars in both houses create an

3-34     emergency and an imperative public necessity that the

3-35     constitutional rule requiring bills to be read on three several

3-36     days in each house be suspended, and this rule is hereby suspended.

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