SRC-ARR H.B. 1884 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1884
By: Grusendorf (Harris)
Jurisprudence
5/10/1999
Engrossed


DIGEST 

To ensure that child support enforcement and collection efforts are
conducted efficiently, counties may need access to certain information
provided at the state and federal level. Additionally, the federal
government has mandated that the states adopt standardized systems of
enforcement and collection.  H.B. 1884 would set forth requirements for the
collection and enforcement of child support. 

PURPOSE

As proposed, H.B. 1884 sets forth requirements for the collection and
enforcement of child support. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 158.203(b), Family Code, to require the employer
to include with each payment transmitted the payor's and payee's social
security number. Makes conforming changes. 

SECTION 2. Amends Section 158.204, Family Code, to authorize an employer to
deduct an administrative fee of not more than $10, rather than $5, each
month from the obligor's disposable earnings in addition to the amount to
be withheld as child support. 

SECTION 3. Amends Section 158.206(b), Family Code, to provide that an
employer receiving an order or writ of withholding who does not comply with
the order or writ is liable to the obligor for certain amounts. 

SECTION 4. Amends Chapter 158C, Family Code, by adding Section 158.212, as
follows: 

Sec. 158.212. IMPROPER PAYMENT. Requires the employer to remit the payment
to the agency or person identified in the order of withholding within two
working days after the date the employer receives the returned payment, if
an employer remits a payment to an incorrect office or person.  

SECTION 5. Amends Section 203.004(a), Family Code, to authorize a domestic
relationship to provide an informal forum in which an agreed repayment
schedule for delinquent child support is negotiated as an alternative to
filing a suit to enforce a court order for child support under Subdivision
(3). 

SECTION 6. Amends Section 203.007, Family Code, to entitle a domestic
relations office to obtain certain records from the Texas Workforce
Commission.  Provides that a domestic relations office is entitled to
obtain from the national directory of new hires established under U.S.C.
Section 653(i), as amended, records that relate to a person described by
Subsection (a), including records that relate to certain information.
Provides that a domestic relations office is entitled to obtain from the
state case registry records that relate to a person described by Subsection
(a), including records that relate to certain information. Makes conforming
changes.  

 SECTION 7. Amends Section 231.303(d), Family Code, to authorize the Title
IV-D agency to disclose information in a financial record obtained from a
financial institution only to the extent necessary to comply with Section
233.001, as added by Chapter 420, Acts of the 75th Legislature, Regular
Session, 1997. Make conforming changes. 

SECTION 8. Amends Section 233.001, Family Code, to require the state case
registry to provide information under this chapter on the written request
of a custodial parent, domestic relations office, or friend of the court
regarding a certain case. Requires the state case registry to provide the
information described by Subsection (b) to a domestic relations office or
friend of the court that makes a request for information under Subsection
(a). Deletes text regarding a domestic relations office.  

SECTION 9. Amends Section 233.003, Family Code, to delete text regarding a
custodial parent or the person designated by the parent.  

SECTION 10. Amends Chapter 234A, Family Code, by amending Section 234.001
and adding Section 234.006, as follows: 

Sec. 234.001. New heading: ESTABLISHMENT AND OPERATION OF REGISTRY AND
DISBURSEMENT UNIT. Requires the state case registry to take certain action.
Requires the state disbursement unit to take certain action. Deletes text
regarding a unit and Title IV-D case. Makes conforming changes. 
 
Sec. 234.006. RETURN OF PAYMENTS. Requires the state disbursement unit to
take certain action not later than a certain date after the unit receives a
child support payment. 

SECTION 11. Effective date: September 1, 1999.
                        Makes application of this Act prospective.

SECTION 12. Emergency clause.