HBA-LCA H.B. 1884 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1884
By: Grusendorf
Juvenile Justice & Family Issues
4/4/1999
Introduced



BACKGROUND AND PURPOSE

In order to ensure that child support enforcement and collection efforts
are conducted efficiently, counties need access to certain information 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 strengthens the law that requires the employer of an obligor to
comply with child support collection efforts.  It allows domestic relations
officers or friends of the court, who operate at a county level, to
retrieve information from state and federal registries.  H.B. 1884 also
provides that the Title IV-D agency must pay for the costs of establishing
and maintaining the state registry and disbursement unit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 158.206(b), Family Code, to provide that an
employer who does not comply with an order or writ of withholding is liable
to the obligor for interest that accrues under Section 157.265, Family Code
(Accrual of Interest on Child Support). 

SECTION 2.  Amends Chapter 158, Family Code, by adding Section 158.212, as
follows: 

Sec. 158.212.  IMPROPER PAYMENT.  Requires an employer who has remitted an
improper payment to remit payment to the Title IV-D agency (agency) or
person identified in the order of withholding within two working days after
receiving the returned payment. 

SECTION 3.  Amends Chapter 202, Family Code, by adding Section 202.006, as
follows: 

Sec. 202.006.  FEES.  (a)  Provides that the court may authorize a friend
of the court to receive a monthly child support service fee not to exceed
$5 to be paid by a managing conservator and possessory conservator. 

(b)  Requires that the fee be deposited into the friend of the court fund
of the county in which the court sits. 

(c)  Requires the local administrative district court judge to administer
the friend of the court fund. 

SECTION 4.  Amends Section 203.004(a), Family Code, by adding Paragraphs
(A) and (B), as follows:   

(A)  Created from existing text.  Makes a conforming change..

(B)  Authorizes a domestic relations office to assist in negotiating a
repayment schedule for delinquent child support as an alternative to filing
a suit to enforce a court order.  
 
SECTION 5.  Amends Section 203.007, Family Code, as follows: 

(a)  Updates language to refer to the Texas Workforce Commission, rather
than the Texas Employment Commission. 

(c)  Makes a conforming change.  

(d)  Entitles a domestic relations office, as permitted by federal law, to
obtain certain specified information from the national directory of new
hires.   

(e)  Entitles a domestic relations office, as permitted by federal law, to
obtain certain specified information from the state case registry records.  

(f)  Redesignated from Subsection (d)

(g)  Redesignated from Subsection (e).  Makes a conforming change.  

(h)-(j)  Redesignated from Subsections (f)-(h).

SECTION 6.  Amends Section 231.205, Family Code, by adding Subsection (a)
and amending Subsections (b) and (c), as follows: 

Sec.  231.205.  New title:  REQUEST FOR APPROPRIATION;  LIMITATIONS ON
LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED FEES AND COSTS.  (a) Requires
the agency to submit to the legislature an appropriations request for
reimbursement of fees not reimbursed by the federal government.  Prohibits
the agency from spending those funds for any other purpose, and provides
that the agency is liable for fees and costs if it fails to make a request
under this subsection.   

(b)  Provides that the agency is liable for fees and costs under this
subchapter except as provided by Subsection (a) and Chapter 234.006, Family
Code (Return of Payments). Makes a conforming change. 

(c)  Created from existing text.

SECTION 7.  Amends Section 231.303(d), Family Code, to authorizes the
agency to disclose information in compliance with Section 233.001, Family
Code (Request for Information). 

SECTION 8.  Amends Section 233.001, Family Code, as follows:

Sec. 233.001.  REQUEST FOR INFORMATION.  (a)  Makes conforming changes.

(b)  Removes friends of the court and domestic relations officers from the
list of entities to whom the state registry is required to give certain
information.   

(c)   Requires the state registry to provide certain information to a
friend of the court or a domestic relations office under Subsection (a). 

SECTION 9.  Amends Section 233.003, Family Code, to prohibit the agency
from requiring an application for services as a condition for releasing
information under Section 233.001 (Request for Information). 

SECTION 10.  Amends Subchapter A, Chapter 234, as added by Section 94,
Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, Family
Code, by amending Section 234.001 and adding Sections 234.006 and 234.007,
as follows: 

Sec. 234.001.  ESTABLISHMENT AND OPERATION OF UNIFIED REGISTRY AND
DISBURSEMENT UNIT.  Requires the state case registry and disbursement unit
to transfer certain information to the local registry each day, in a medium
acceptable to the county. 
 
Sec. 234.006  RETURN OF PAYMENTS.  Requires the state disbursement unit to
distribute a payment, within two working days after its receipt, to the
agency or the obligee.  Requires the state disbursement unit to return the
payment if it does not process child support payments for the case. 

Sec. 234.007.  COSTS AND FEES.  (a)  Provides that the agency is liable for
the costs of establishment and operation of the state case registry and
disbursement unit. 

(b)  Requires the agency to reimburse a county for expenses incurred in
establishing and operating the state case registry and disbursement unit. 

(c)  Prohibits the agency from charging the county a fee for use of the
state case registry and disbursement unit. 

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

SECTION 12.  Emergency clause.