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.