By: Harris S.B. No. 1847
97S0834/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to local court processing for child support cases and to
1-2 enforcement of child support orders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 72, Government Code, is
1-5 amended by adding Section 72.028 to read as follows:
1-6 Sec. 72.028. PILOT PROGRAM: FAMILY LAW CASE PROCESSING.
1-7 (a) The office shall establish a pilot program to improve the
1-8 efficiency of court processing of family law cases, including child
1-9 support enforcement and foster care cases.
1-10 (b) The office shall award grants to at least two counties
1-11 for the development of pilot program projects during each fiscal
1-12 year. In awarding grants, the office shall give preference to
1-13 Bexar and Harris counties.
1-14 (c) To be eligible for a grant, a pilot program project must
1-15 include processes for:
1-16 (1) electronic case filing;
1-17 (2) automated case tracking;
1-18 (3) automated child support delinquency monitoring;
1-19 and
1-20 (4) automated statistical reporting to the office and
1-21 to the Bureau of Vital Statistics at the Texas Department of
1-22 Health.
1-23 (d) As part of the pilot program, the office shall review
2-1 county assessments of needs related to processing family law cases
2-2 and shall provide technical assistance to county and district
2-3 clerks as requested.
2-4 (e) The office may use a reasonable portion of the money
2-5 appropriated for the pilot program to defray the costs of
2-6 administering the program.
2-7 (f) The attorney general and the Department of Protective
2-8 and Regulatory Services shall cooperate in the development of the
2-9 pilot program and in the development and support of the pilot
2-10 projects.
2-11 (g) Each state agency or local government participating in
2-12 the pilot program shall identify all pilot program parts that
2-13 qualify for federal financial assistance and seek that assistance.
2-14 (h) Not later than January 15 of each odd-numbered year, the
2-15 office shall submit a report regarding the effectiveness of the
2-16 pilot program to the governor, the lieutenant governor, the speaker
2-17 of the house of representatives, and the comptroller. On request,
2-18 the office shall make the report available to any member of the
2-19 legislature.
2-20 SECTION 2. Section 157.311, Family Code, is amended to read
2-21 as follows:
2-22 Sec. 157.311. Definitions. In this subchapter:
2-23 (1) "Claimant" means:
2-24 (A) the obligee or a private attorney
2-25 representing the obligee;
3-1 (B) the Title IV-D agency providing child
3-2 support services;
3-3 (C) a domestic relations office or local
3-4 registry; or
3-5 (D) an attorney appointed as a friend of the
3-6 court.
3-7 (2) "Lien" means a child support lien.
3-8 (3) "Court having continuing jurisdiction" means the
3-9 court of continuing, exclusive jurisdiction within this state or a
3-10 tribunal of another state having such jurisdiction under the
3-11 Uniform Interstate Family Support Act (UIFSA) or a substantially
3-12 similar act.
3-13 SECTION 3. Section 157.312, Family Code, is amended by
3-14 adding Subsections (d) through (f) to read as follows:
3-15 (d) A child support lien arises:
3-16 (1) by operation of law against real and personal
3-17 property of a child support obligor for all amounts of overdue
3-18 support, whether or not such amounts have been adjudicated or
3-19 otherwise determined, subject to the requirements of this
3-20 subchapter for recording and notice; or
3-21 (2) when a court having continuing jurisdiction or, in
3-22 Title IV-D cases, the Title IV-D agency determines an amount of
3-23 arrearage owed by a child support obligor.
3-24 (e) A child support lien arising in another state may be
3-25 enforced in the same manner and to the same extent as a lien
4-1 arising in this state.
4-2 (f) A foreclosure action under this subchapter is not
4-3 required as a prerequisite to levy and execution on a judgment or
4-4 an administrative determination of arrearage rendered after notice
4-5 and opportunity for hearing.
4-6 SECTION 4. Section 157.313, Family Code, is amended by
4-7 amending Subsection (a) to read as follows:
4-8 (a) A child support lien notice must contain:
4-9 (1) the style, docket number, and identity of the
4-10 court having continuing jurisdiction of the child support action;
4-11 (2) the name, address, and, if available, the birth
4-12 date, driver's license number, and social security number of the
4-13 obligor;
4-14 (3) the name and social security number, if available,
4-15 of the obligee and the child;
4-16 (4) the amount of child support arrearages owed by the
4-17 obligor and the date of the rendition of the court order,
4-18 administrative order, or [issuance of the] writ that determined the
4-19 arrearages or the date on which and manner in which the arrearages
4-20 were determined;
4-21 (5) the rate of interest specified in the court order,
4-22 administrative order, or writ or, in the absence of a specified
4-23 interest rate, the rate provided for by law [Subchapter F]; and
4-24 (6) the name and address of the person or agency to
4-25 whom the payment of the child support arrearages shall be made.
5-1 SECTION 5. Section 157.314, Family Code, is amended to read
5-2 as follows:
5-3 Sec. 157.314. Filing Lien Notice or Abstract of Judgment.
5-4 (a) A child support lien notice or an abstract of judgment for
5-5 past due child support may be filed by the claimant with the county
5-6 clerk of:
5-7 (1) [the county clerk of] any county in which the
5-8 obligor is believed to own nonexempt real or personal property;
5-9 (2) [or in] the county in which the obligor resides;
5-10 or
5-11 (3) the county in which the court of continuing
5-12 jurisdiction sits.
5-13 (b) A child support lien notice may be filed with:
5-14 (1) [(2)] the clerk of the court in which a claim,
5-15 counterclaim, or suit by or on behalf of the obligor is pending,
5-16 provided that a copy of the lien is mailed to the attorney of
5-17 record for the obligor, if any; [or]
5-18 (2) [(3)] an attorney who represents the obligor in a
5-19 claim or counterclaim that has not been filed with a court;
5-20 (3) any other individual or organization believed to
5-21 be in possession of real or personal property of the obligor; or
5-22 (4) any governmental unit or agency that issues or
5-23 records certificates, titles, or other indicia of property.
5-24 SECTION 6. Section 157.316, Family Code, is amended to read
5-25 as follows:
6-1 Sec. 157.316. Perfection of Child Support Lien. A child
6-2 support lien is perfected [attaches] when an abstract of judgment
6-3 for past due child support or a child support lien notice is filed
6-4 with the county clerk as provided by this subchapter.
6-5 SECTION 7. Subsection (a), Section 157.317, Family Code, is
6-6 amended to read as follows:
6-7 (a) A lien attaches to all real and personal property not
6-8 exempt under the Texas Constitution, including a claim for
6-9 negligence, personal injury, or workers' compensation, or an
6-10 insurance award for the claim, owned by the obligor on or after the
6-11 date the lien notice or abstract of judgment is filed with the
6-12 county clerk of the county in which the property is located or with
6-13 the court clerk as to property or claims in litigation or, as to
6-14 property of the obligor in the possession or control of a third
6-15 party, from the date the lien notice is filed with that party
6-16 [attaches].
6-17 SECTION 8. Section 157.318, Family Code, is amended to read
6-18 as follows:
6-19 Sec. 157.318. DURATION AND EFFECT OF CHILD SUPPORT LIEN.
6-20 (a) A lien is effective until all current support and child
6-21 support arrearages, including interest, have been paid or the lien
6-22 is otherwise released as provided in this subchapter [for 10 years
6-23 from the date the notice is recorded in the county clerk's office
6-24 in the county where the property of the obligor is located].
6-25 (b) The lien secures payment of all child support arrearages
7-1 owed by the obligor pursuant to the underlying support order,
7-2 including arrearages which accrue after the administrative or
7-3 judicial determination of arrearages stated in the lien notice [may
7-4 be extended for an additional 10-year period by recording a lien
7-5 notice before the tenth anniversary of the date of the original
7-6 recording of the notice].
7-7 (c) The filing of a lien notice or abstract of judgment with
7-8 the county clerk is a record of the notice and has the same effect
7-9 as any other lien notice with respect to real property records.
7-10 SECTION 9. Section 157.319, Family Code, is amended to read
7-11 as follows:
7-12 Sec. 157.319. EFFECT OF LIEN NOTICE [ON PERSONAL PROPERTY].
7-13 (a) [The filing of a lien notice is a record of the notice.]
7-14 [(b)] If [a lien has been filed as provided in this
7-15 subchapter and] a person having notice of a [the] lien possesses
7-16 nonexempt personal property of the obligor that may be subject to
7-17 the lien, the property may not be paid over, released, sold,
7-18 transferred, encumbered, or conveyed unless:
7-19 (1) a release of lien signed by the claimant is
7-20 delivered to the person in possession; or
7-21 (2) a court, after notice to the claimant and hearing,
7-22 has ordered the release of the lien because arrearages do not
7-23 exist.
7-24 (b) A person having notice of a child support lien who
7-25 violates this section may be joined as a party to a foreclosure
8-1 action under this chapter and is subject to the remedies provided
8-2 by this subchapter.
8-3 SECTION 10. Section 157.321, Family Code, is amended to read
8-4 as follows:
8-5 Sec. 157.321. Discretionary Release of Lien. A claimant may
8-6 at any time release a lien on all or part of the property of the
8-7 obligor or return seized property, without liability, if assurance
8-8 of payment is considered adequate by the claimant or if the release
8-9 or return will facilitate the collection of the arrearages. The
8-10 release or return may not operate to prevent future action to
8-11 collect from the same or other property owned by the obligor.
8-12 SECTION 11. Section 157.322, Family Code, is amended to read
8-13 as follows:
8-14 Sec. 157.322. Mandatory Release of Lien. (a) On payment in
8-15 full of the amount of child support due, together with any costs
8-16 and reasonable attorney's fees, the claimant shall execute and
8-17 deliver to the obligor or the obligor's attorney a release of the
8-18 child support lien.
8-19 (b) The release of lien shall be effective when filed with
8-20 the county clerk of the county where the lien notice or abstract of
8-21 judgment was filed. A copy of the release of lien may be filed
8-22 with any other individual or organization that may have been served
8-23 with a lien notice under this subchapter. [A child support lien
8-24 release shall be filed in the same manner as the notice of lien.]
8-25 [(c) The county clerk shall immediately record a release of
9-1 lien notice or abstract of judgment that was filed with the clerk.]
9-2 [(d) On the filing of a release of lien that was filed with
9-3 the clerk of the court in which a claim, counterclaim, or suit at
9-4 law by the obligor is pending, the clerk of the court shall file
9-5 for record the release of lien in the court's proceedings and the
9-6 claimant shall mail a copy of the release of lien to the obligor or
9-7 the attorney of record for the obligor.]
9-8 [(e) A release of lien that was filed with the obligor or
9-9 the attorney who represents the obligor in a claim or counterclaim
9-10 that has not been filed with a court shall be mailed by the
9-11 claimant to the attorney or obligor.]
9-12 SECTION 12. Section 157.323, Family Code, is amended to read
9-13 as follows:
9-14 Sec. 157.323. FORECLOSURE OR SUIT TO DETERMINE ARREARAGES.
9-15 (a) In addition to other remedies provided by law [When a lien
9-16 notice has been filed under this subchapter], an action to
9-17 foreclose a child support lien or to dispute the amount of
9-18 arrearages stated in the lien [on nonexempt real or personal
9-19 property] may be brought in the court of continuing jurisdiction
9-20 or, if there is no court of continuing jurisdiction within this
9-21 state, in the district court of the county in which the property is
9-22 or was located and the lien was filed.
9-23 (b) The procedure for a foreclosure action under this
9-24 section shall be conducted as provided by Subchapter B, except that
9-25 a person or organization in possession of property of the obligor
10-1 may be joined as an additional respondent.
10-2 (c) If [After notice to the obligor and the claimant, the
10-3 court shall conduct a hearing and, if] arrearages are owed by the
10-4 obligor, the court shall:
10-5 (1) render judgment against the obligor for the amount
10-6 due, plus costs and reasonable attorney's fees; [and]
10-7 (2) order any official authorized to levy execution to
10-8 satisfy the lien, costs, and attorney's fees by selling any
10-9 property on which a lien is established under this subchapter; or
10-10 (3) order an individual or organization in possession
10-11 of nonexempt personal property or cash owned by the obligor to
10-12 dispose of the property as the court may direct.
10-13 (d) For execution and sale [(c) In all sales contemplated]
10-14 under this section, publication of notice is necessary only for
10-15 three consecutive weeks in a newspaper published in the county
10-16 where the property is located or, if there is no newspaper in that
10-17 county, in the most convenient newspaper in circulation in the
10-18 county.
10-19 SECTION 13. Section 157.324, Family Code, is amended to read
10-20 as follows:
10-21 Sec. 157.324. Liability for Failure to Comply With Order or
10-22 Lien. A person who knowingly disposes of property subject to a
10-23 lien or, after a foreclosure hearing, fails to surrender on demand
10-24 nonexempt personal property as directed by a court or
10-25 administrative order [seized] under this subchapter is liable to
11-1 the claimant in an amount equal to the arrearages for which the
11-2 foreclosure judgment was issued.
11-3 SECTION 14. Subsection (b), Section 157.325, Family Code, is
11-4 amended to read as follows:
11-5 (b) If the claimant refuses the request, the holder of the
11-6 personal property or the obligor may file suit under this
11-7 subchapter for an order determining the arrearages and discharging
11-8 [petition the court of competent jurisdiction for discharge of]
11-9 excess personal property or money from the lien.
11-10 SECTION 15. Section 157.326, Family Code, is amended as
11-11 follows:
11-12 Sec. 157.326. Interest of Obligor's Spouse. (a) A spouse
11-13 of an obligor may file an affidavit with the [a] court of
11-14 continuing [competent] jurisdiction or, if there is no court of
11-15 continuing jurisdiction within this state, in the district court of
11-16 the county in which the property is or was located and the lien was
11-17 filed requesting that the court determine the extent, if any, of
11-18 the spouse's interest in real or personal property that is subject
11-19 to:
11-20 (1) a lien perfected under this subchapter; or
11-21 (2) an action to foreclose under this subchapter.
11-22 (b) After notice to the obligor, the obligor's spouse, [and]
11-23 the claimant, and the obligee, the court shall conduct a hearing
11-24 and determine the extent, if any, of the ownership interest in the
11-25 property held by the obligor's spouse. If the court finds that:
12-1 (1) the property is the separate property of the
12-2 obligor's spouse, the court shall order that the lien against the
12-3 property be released and that any action to foreclose on the
12-4 property be dismissed; or
12-5 (2) the property is jointly owned by the obligor and
12-6 the obligor's spouse, the court shall determine whether the sale of
12-7 the obligor's interest in the property would result in an
12-8 unreasonable hardship on the obligor's spouse or family and:
12-9 (A) if so, the court shall render an order that
12-10 the obligor's interest in the property not be sold and that the
12-11 lien against the property should be released; or
12-12 (B) if not, the court shall render an order
12-13 partitioning the property and directing that the property be sold
12-14 and the proceeds applied to the child support arrearages
12-15 [consistent with the provisions of this subchapter].
12-16 (c) In a proceeding under this section, [subsection in
12-17 which] the spouse claiming [of the obligor claims by affidavit] an
12-18 ownership interest in the property[, the claimant] has the burden
12-19 to prove the extent of that [the obligor's] ownership interest.
12-20 SECTION 16. Chapter 157, Family Code, is amended by adding
12-21 Subchapter J to read as follows:
12-22 SUBCHAPTER J. SPECIAL ENFORCEMENT METHODS
12-23 BY TITLE IV-D AGENCY
12-24 Sec. 157.471. REWARDS FOR INFORMATION. (a) The Title IV-D
12-25 agency may offer a reward to an individual who provides information
13-1 to the agency that leads to the collection of child support owed by
13-2 an obligor who is delinquent in paying support.
13-3 (b) The Title IV-D agency shall adopt rules providing for
13-4 the amounts of rewards offered under this section and the
13-5 circumstances under which an individual providing information is
13-6 entitled to receive a reward.
13-7 (c) A reward paid under this section shall be paid from the
13-8 child support retained collections account.
13-9 Sec. 157.472. PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS.
13-10 (a) The Title IV-D agency shall develop a program to identify
13-11 publicly certain child support obligors who are delinquent in the
13-12 payment of child support. The program shall include the displaying
13-13 of photographs and profiles of obligors in public and private
13-14 locations. The Title IV-D agency shall use posters, the news
13-15 media, and other cost-effective methods to display photographs and
13-16 profiles of certain obligors who are in arrears in paying child
13-17 support. The Title IV-D agency shall divide the state into at
13-18 least six regions for local identification of certain child support
13-19 obligors who are delinquent.
13-20 (b) The Title IV-D agency may not disclose information under
13-21 this section that is by law required to remain confidential.
13-22 Sec. 157.473. INFORMATION ON INTERNET. The Title IV-D
13-23 agency shall place on the Internet for public access child support
13-24 information to assist the public in child support matters,
13-25 including application forms, child support collection in other
14-1 states, and profiles of certain obligors who are in arrears in
14-2 paying child support.
14-3 SECTION 17. Subchapter C, Chapter 231, Family Code, is
14-4 amended by adding Section 231.2025 to read as follows:
14-5 Sec. 231.2025. CONTINGENCY FEES. (a) The Title IV-D agency
14-6 may pay a contingency fee in a contract or agreement between the
14-7 agency and a private agency or individual authorized under Section
14-8 231.002(c). The contingency fee shall be paid from the funds
14-9 recovered by the private agency or individual.
14-10 (b) The remaining funds recovered by a private agency or
14-11 individual after payment of a contingency fee may be spent for
14-12 child support enforcement.
14-13 SECTION 18. Section 231.302, Family Code, is amended by
14-14 amending Subsections (a), (b), (c), and (e) and adding Subsection
14-15 (g) to read as follows:
14-16 (a) The Title IV-D agency of this or another state may
14-17 [shall attempt to locate a person needed to establish or enforce a
14-18 support or medical support obligation and is entitled to] request
14-19 and obtain information relating to the identity, location,
14-20 employment, compensation, benefits, income, and property holdings
14-21 or other assets of any [the] person from a state or local
14-22 government agency, private company, institution, or other entity as
14-23 necessary to establish, modify, or enforce a support order
14-24 [implement this chapter].
14-25 (b) A [state] government agency, private company,
15-1 institution, or other entity shall provide the [furnishing]
15-2 information requested under Subsection (a) and shall, subject to
15-3 safeguards on privacy and information security, provide the
15-4 information in the most efficient and expeditious manner available,
15-5 including electronic or automated transfer and interface. Any
15-6 individual or entity disclosing information under this section in
15-7 response to a request from a Title IV-D agency may not be held
15-8 liable in any civil action or proceeding to any person for such
15-9 disclosure of information.
15-10 (c) To assist in the administration of laws relating to
15-11 child support enforcement under Parts A and D of Title IV of the
15-12 federal Social Security Act (42 U.S.C. Sections 601 et seq.
15-13 [601-617] and 651 et seq. [651-669]):
15-14 (1) each licensing authority responsible for issuing a
15-15 professional license, a commercial driver's license, or an
15-16 occupational license shall require that the social security number
15-17 of any [request and each] applicant for a license be recorded on
15-18 the application [shall provide the applicant's social security
15-19 number];
15-20 (2) each agency administering a contract that provides
15-21 for a payment of state funds shall request and each individual or
15-22 entity bidding on a state contract shall provide the individual's
15-23 or entity's social security number as required by Section 231.006,
15-24 Family Code; and
15-25 (3) each agency administering a state-funded grant or
16-1 loan program shall request and each applicant for a grant or loan
16-2 shall provide the applicant's social security number as required by
16-3 Section 231.006, Family Code.
16-4 (e) Except as provided by Subsection (d), a social security
16-5 number provided under this section is confidential and may be
16-6 disclosed only for the purposes of responding to a request for
16-7 information from an agency operating under the provisions of Parts
16-8 A or [and] D of Title IV of the federal Social Security Act (42
16-9 U.S.C. Sections 601 et seq. [601-617] and 651 et seq. [651-669]).
16-10 (g) "Licensing authority" has the meaning assigned by
16-11 Chapter 232.
16-12 SECTION 19. Subtitle D, Title 5, Family Code, is amended by
16-13 adding Chapter 233 to read as follows:
16-14 CHAPTER 233. COMPETITIVE BIDDING FOR CHILD
16-15 SUPPORT COLLECTION SERVICES
16-16 Sec. 233.001. DEFINITIONS. In this chapter "Council" means
16-17 the state Council on Competitive Government.
16-18 Sec. 233.002. POWERS AND DUTIES OF COUNCIL. (a) The
16-19 council shall:
16-20 (1) establish an initiative called "Kids Can't Wait:
16-21 Child Support Now" to increase child support enforcement;
16-22 (2) identify child support enforcement functions
16-23 performed by the attorney general that may be competitively bid;
16-24 (3) establish guidelines for referral of child support
16-25 enforcement cases to a contractor;
17-1 (4) competitively bid child support enforcement
17-2 functions that are identified;
17-3 (5) consider the benefits of the state's participation
17-4 in an electronic parent locator network or a similar national
17-5 service designed to locate parents who owe child support;
17-6 (6) study the feasibility of cost recovery option in
17-7 child support collection actions for children who do not receive
17-8 public assistance; and
17-9 (7) engage in other activities necessary for the
17-10 administration of this chapter.
17-11 (b) The powers and duties under this section may be
17-12 performed by the members of the council or by employees of the
17-13 state agencies represented by the council members.
17-14 (c) The Title IV-D agency shall cooperate with the council
17-15 if requested by the council.
17-16 (d) The council and the attorney general shall report to the
17-17 presiding officers of each house of the legislature the results of
17-18 the efforts under this section not later than October 1, 1998.
17-19 Sec. 233.004. CHILD SUPPORT COLLECTION AGREEMENT. (a) The
17-20 attorney general or a contractor may enter into an agreement with a
17-21 person liable for the payment of child support. The agreement may
17-22 relate to any matter that may be adjudicated by the court,
17-23 including:
17-24 (1) the determination of paternity;
17-25 (2) the determination of the amount of child support
18-1 due;
18-2 (3) the method of making child support payments;
18-3 (4) the imposition of wage garnishment or withholding;
18-4 (5) the payment of fees;
18-5 (6) the reimbursement of costs; and
18-6 (7) other child support enforcement matters permitted
18-7 by state or federal law.
18-8 SECTION 20. Section 521.044, Transportation Code, is amended
18-9 by adding Subsections (e) and (f) to read as follows:
18-10 (e) The department shall include a statement in all notices
18-11 to driver's license holders that if a holder is delinquent in child
18-12 support payments, the holder should make satisfactory arrangements
18-13 with the office of the attorney general to correct such
18-14 delinquency. If no contact or arrangements are made by a
18-15 delinquent license holder, the attorney general may commence
18-16 procedures to suspend the holder's driver's license.
18-17 (f) The department shall include performance measures on the
18-18 percentage of complete and correct social security numbers on
18-19 driver's licenses in their legislative appropriations requests and
18-20 budgets, in quarterly performance reports, and in audits of their
18-21 local department offices.
18-22 SECTION 21. (a) The change in law made by this Act applies
18-23 only to a child support lien notice or suit filed on or after the
18-24 effective date of this Act.
18-25 (b) A child support lien notice or suit filed before the
19-1 effective date of this Act is covered by the law in effect on the
19-2 date the lien notice or suit was filed, and the former law is
19-3 continued in effect for that purpose.
19-4 SECTION 22. The importance of this legislation and the
19-5 crowded condition of the calendars in both houses create an
19-6 emergency and an imperative public necessity that the
19-7 constitutional rule requiring bills to be read on three several
19-8 days in each house be suspended, and this rule is hereby suspended.