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.
3-37 * * * * *