SRC-AXB S.B. 368 76(R)BILL ANALYSIS


Senate Research CenterS.B. 368
By: Harris
Jurisprudence
7/8/1999
Enrolled


DIGEST 

Currently, the child support division of the Office of the Attorney General
(division) is responsible for enforcing certain child support cases.  After
experiencing an extensive review process, suggestions were raised for the
division regarding ways to update and create an efficient process for
collecting and distributing child support payments.  S.B. 368 creates
statutory modifications to implement the child support enforcement
provisions of the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, grants rulemaking authority, and creates civil
and criminal penalties. 

PURPOSE

As enrolled, S.B. 368 creates statutory modifications to implement the
child support enforcement provisions of the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, grants rulemaking
authority, and creates civil and criminal penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Title IV-D agency and bureau of
vital statistics in SECTION 37 (Section 160.215, Family Code), the Title
IV-D agency in cooperation with the work group in SECTION 67 (Section
234.006, Family Code), and the Title IV-D agency in SECTION 54 (Section
231.115(b)(2), Family Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 101, Family Code, by amending Sections 101.021
and 101.024, and adding Sections 101.0021 and 101.0302, as follows: 

 Sec.  101.0021.  BUREAU OF VITAL STATISTICS.  Defines "bureau of vital
statistics." 

 Sec.  101.021.  OBLIGEE.  Redefines "obligee."

 Sec.  101.024.  PARENT.  Redefines "parent."

 Sec.  101.0302.  STATE DISBURSEMENT UNIT.  Defines "state disbursement
unit." 

SECTION 2.  Amends Sections 102.009(a) and (b), Family Code, to specify
that a Title IV-D agency (agency), rather than the attorney general, is
entitled to service of citation.  Specifies the assignation of support
rights and the recission of a voluntary acknowledgment of paternity.
Deletes text regarding support rights of the child.  Makes conforming
changes. 

SECTION 3.  Amends Section 105.002(b), Family Code, to prohibit a party
from demanding a jury trial in a suit to determine parentage under Chapter
160, Family Code.  Makes conforming changes. 

SECTION 4.  Amends Section 108.008, Family Code, to clarify that a court
clerk prepares a report of determination of paternity, rather than a
declaration.  Deletes text regarding a deadline for forwarding a report.
Makes conforming changes. 

SECTION 5.  Amends Section 110.006, Family Code, as follows:
 
Sec.  110.006.  New heading:  DOMESTIC RELATIONS OFFICE FEES.  Requires
certain actions to be taken regarding the adoption of an initial child
support service fee under Section 203.005(a) (2). 

SECTION 6.  Amends Section 111.001, Family Code, as follows:

Sec.  111.001.  New heading:  REVIEW OF GUIDELINES.  Requires certain
entities to perform a certain review and recommend revisions regarding the
possession of and access to a child, by a certain deadline.  Requires a
certain committee to report the review results to the legislature.
Requires the agency to submit a certain report and sets forth report
requirements.  Deletes text regarding the supreme court and a committee. 

SECTION 7.  Amends Section 151.002(a), Family Code, to delete text
regarding a claim to fatherhood. 

SECTION 8.  Amends Section 154.001, Family Code, by adding Subsection (c),
to authorize the receipt, holding, or disbursement of child support
payments, under certain conditions. 

SECTION 9.  Amends Sections 154.004 and 154.006, Family Code, to clarify
procedures for the order of child support payments regarding the state
disbursement unit, as provided by Chapter 234, as added by Chapter 911,
Acts of the 75th Legislature, Regular Session, 1997.  Provides that
provisions regarding conservatorship of, possession of, or access to a
child terminates upon the marriage of the obligor and obligee to each
other, under certain conditions. 

SECTION 10.  Amends Sections 154.242 and 154.243, Family Code, to limit an
obligor's authority to follow a certain procedure for making payments if
support payments are required to be made to the state disbursement unit.
Authorizes the agency or the state disbursement unit to comply with a
certain order by sending an affidavit regarding the payment record to a
certain authority.  Deletes text regarding electronic payment.  Makes
conforming and nonsubstantive changes. 

SECTION 11.  Amends Sections 155.205(a) and (b), Family Code, to require
the transferring court to order certain payments to be made to the agency
or the state disbursement unit.  Makes conforming and nonsubstantive
changes. 

SECTION 12.  Amends Section 156.402, Family Code, to authorize the court to
consider the child support guidelines for single and multiple families
under Chapter 154.  Makes a conforming change. 

SECTION 13.  Amends Section 156.406, Family Code, to make a conforming
change. 

SECTION 14.  Amends Chapter 156E, Family Code, by adding Section 156.409,
as follows: 

Sec.  156.409.  CHANGE IN PHYSICAL POSSESSION.  Sets forth provisions to
authorize the court to allow the person having possession of the child to
administer the payments of child support, under certain conditions
regarding the relinquishment of custody. 

SECTION 15.  Amends Section 157.005(b), Family Code, to provide that the
court retains jurisdiction until all current child support, medical
support, and child support arrears, including interest and any applicable
fees and costs, have been paid.  Deletes text regarding a motion for
enforcement. 

SECTION 16.  Amends Section 157.102, Family Code, to require, rather than
authorize, the forwarding of the capias. 

SECTION 17.  Amends Section 157.166(b), Family Code, by adding Subsection
(c), to provide that if the order imposes incarceration or a fine for
criminal contempt, an enforcement order must contain findings which
identify the provisions of the order, and the date of each occasion wherein
the respondent's failure to comply with the order constitute criminal
contempt.  Requires the order to state the specific conditions for release,
if incarceration is imposed for civil contempt. 

 SECTION 18.  Amends Section 157.167, Family Code, by adding Subsection
(c), to authorize the enforcement of fees and costs by any available means,
including contempt. 

SECTION 19.  Amends Section 157.269, Family Code, to provide that a court
retains jurisdiction until all current support, medical support, and child
support arrearages, including interest and any applicable fees and costs,
have been paid.  Deletes text regarding arrearages. 

SECTION 20.  Amends Section 157.317(a), Family Code, to specify that a
child support lien attaches to property not exempt under a depository
account in a financial institution, including a mutual fund money market
account, or a retirement plan.  Makes conforming changes. 

SECTION 21.  Amends Section 158.003(a), Family Code, to make a
nonsubstantive change. 

SECTION 22.  Amends Sections 158.004 and 158.007, Family Code, as follows:

Sec.  158.004.  WITHHOLDING FOR ARREARAGES WHEN NO CURRENT SUPPORT IS DUE.
Includes the agency in matters of court jurisdiction involving arrearages
issues. 

Sec.  158.007.  New heading:  EXTENSION OF REPAYMENT SCHEDULE BY COURT OR
TITLE IV-D AGENCY; UNREASONABLE HARDSHIP.  Makes a conforming change. 

SECTION 23.  Amends Sections 158.102-158.104, Family Code, as follows:

Sec.  158.102.  TIME LIMITATIONS.  Authorizes the issuance of an order or
writ for income withholding, until any applicable fees and costs have been
paid.  Deletes text regarding an obligor's disposable earnings. 

Sec.  158.103.  New heading:  CONTENTS OF ORDER OR WRIT OF WITHHOLDING.
Requires only certain information to be contained in a writ of withholding,
and sets forth the required information.  Deletes text regarding the
contents of an order of withholding. 

Sec.   158.104.  New heading:  REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL
WRIT OF WITHHOLDING.  Authorizes a request for issuance of a judicial writ
of withholding to be filed with a domestic relations office or an attorney
representing certain parties. 

SECTION 24.  Amends Section 158.105, Family Code, by amending the heading
and Subsections (a), (c), and (d), as follows: 

Sec.  158.105.  New heading:  ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL
WRIT OF WITHHOLDING.  Specifies that certain action must be taken on filing
a request for a judicial writ of withholding.  Authorizes electronic
transmission for certain activities. Makes conforming changes. 

SECTION 25.  Amends Section 158.106, Family Code, by amending Subsection
(a) and adding Subsection (b), to require the agency to prescribe forms as
authorized by federal law in a standard format entitled order or notice to
withhold income for child support.  Deletes text regarding orders, notices,
and writs.  Authorizes the use of certain forms to request voluntary
withholding under Section 158.011. 

SECTION 26.  Amends Section 158.203, Family Code, by amending Subsection
(b) and adding Subsections (c) and (d), to require an employer to transmit
certain payments by electronic transfer by a certain deadline.  Requires
the employer to include the name of the county or the county's federal
information processing standard code, and in some cases a social security
number, with each payment transmission.  Sets forth provisions for an
obligor's income which is subject to withholding. Makes conforming changes. 

SECTION 27.  Amends Section 158.210(a), Family Code, to set forth specific
circumstances which subject an employer to a maximum $200 fine. 
 
SECTION 28.  Amends Section 158.211(a), Family Code, to make a conforming
change. 

SECTION 29.  Amends Chapter 158C, by adding Section 158.212, as follows:

Sec.  158.212.  IMPROPER PAYMENT.  Sets forth required procedures for
remedying an incorrectly remitted payment. 

SECTION 30.  Amends Section 158.312(b), Family Code, to prohibit the filing
of a request for issuance prior to the 11th day after the date of receipt
of the notice of application for judicial writ of withholding by the
obligor. 

SECTION 31.  Amends Sections 158.501 and 158.502, Family Code, as follows:

Sec.  158.501.  New heading:  ISSUANCE OF ADMINISTRATIVE WRIT OF
WITHHOLDING BY TITLE IV-D AGENCY.  Provides that the agency is the only
entity authorized to issue an administrative writ under this subchapter.
Makes a conforming change. 

Sec,  158.502.  WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE ISSUED.
Authorizes a writ to be based on an obligation in multiple support orders.
Authorizes the agency to issue an administrative writ directing or
adjusting arrearage withholdings.  Authorizes an administrative writ to be
contested.  Authorizes the agency to issue an administrative writ of
withholding as a reissuance of an existing order.  Exempts the
administrative writ under this subsection from the contest provisions of
Sections 158.505(a)(2) and 158.506, Family Code. 
  
SECTION 32.  Amends Sections 158.503(a) and (b), Family Code, to authorize
the delivery of an administrative writ of withholding to an obligor and an
obligee, and authorizes the electronic signing of the certificate.  Makes a
conforming change. 

SECTION 33.  Amends Section 158.504(b), Family Code, to provide that an
administrative writ of withholding may contain only the information
necessary for the employer to comply with the existing support, rather than
withholding, order. 

SECTION 34.  Amends Section 158.505(a), Family Code, to provide an
exception and delete text regarding the original writ. 

SECTION 35.  Amends Section 158.506(a), Family Code, to create an exception
and authorize an obligor who receives notice under Section 158.505, rather
than 158.503, Family Code, to take certain action. 

SECTION 36.  Amends Sections 160.001 and 160.004, Family Code, to set forth
conditions under which this chapter governs a suit affecting the
parent-child relationship.  Authorizes the court to render certain orders
if a man executes a statement of paternity under Subchapter C, Family Code. 

SECTION 37.  Amends Chapter 160C, Family Code, as follows:

SUBCHAPTER C.  New heading:  ACKNOWLEDGMENT OR DENIAL OF PATERNITY

Sec.  160.201.  New heading:  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY.
Authorizes a mother and a man claiming to be the father of a child to
execute an acknowledgment to establish the man's paternity.  Deletes text
regarding a statement of paternity, an order adjudicating the child's
father, and a suit for paternity termination. 

Sec.  160.202.  New heading:  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY.
Sets forth requirements for an acknowledgment of paternity.  Requires a
certain procedure if the mother declares a presumed father of the child.
Deletes text regarding specifics of a statement of paternity. 

 Sec.  160.203.  New heading:  FILING ACKNOWLEDGMENT OF PATERNITY.
Requires an acknowledgment of paternity to be filed with the bureau of
vital statistics.  Prohibits the bureau of vital statistics from charging a
filing fee.  Deletes text regarding a statement of paternity. 

Sec.  160.204.  New heading:  SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
PATERNITY.  Authorizes the mother's and putative father's signature to be
on separate documents for an acknowledgment or denial of paternity document
(fatherhood document). Authorizes the signing of a fatherhood document
prior to the child's birth.  Authorizes an adult or a minor to sign a
fatherhood document.  Deletes text regarding disputed paternity. 

Sec.  160.205.  New heading:  EFFECT OF ACKNOWLEDGMENT OF PATERNITY.  Sets
forth the legal status of a fatherhood document upon filing it with the
bureau of vital statistics, subject to the right to rescind or contest an
acknowledgment of paternity under this subchapter.  Sets forth provisions
regarding the void of the fatherhood document through false denial of a
presumed father.  Deletes text regarding a deadline for a statement. 

Sec.  160.206.  SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL.  Authorizes a
fatherhood document signer to file a suit to rescind the fatherhood
document.  Sets forth deadlines for the petition to rescind or deny the
fatherhood document.  Sets forth a condition requiring the court to order
the bureau of vital statistics to remove the father's name from the child's
birth record.  Sets forth a condition requiring a hearing to determine
parentage. 

Sec.  160.207.  SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL.  Authorizes a
certain person to contest a fatherhood document and sets forth guidelines
for the suit which establishes contest to a fatherhood document.  Provides
that the burden of proof lies with the party challenging the fatherhood
document.  Requires a suit to contest the fatherhood document to be
conducted in a certain manner.  Sets forth deadlines for matter related to
bringing a suit to contest the fatherhood document. 

Sec.  160.208.  PROCEDURE FOR SUIT TO RESCIND OR CONTEST.  Requires each
fatherhood document signer to be made a party to a suit to rescind,
contest, or deny the fatherhood document.  Prohibits the court from
suspending the legal responsibility of child support while a suit is
pending.  Sets forth provisions for amendments to the birth record
subsequent to a determination of paternity or nonpaternity. 

Sec.  160.209.  COURT RATIFICATION. Sets forth the validity of an
unrescinded and uncontested acknowledgment of paternity.  Sets forth
provisions regarding the establishment of a child's parentage.  

Sec.  160.210.  FULL FAITH AND CREDIT.  Sets forth provisions for official
acceptance of a fatherhood document signed in another state. 

Sec.  160.211.  VALIDATION OF EARLIER STATEMENT.  Provides that a
fatherhood statement signed before September 1, 1999 is valid and binding. 

Sec.  160.212.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. Requires
the bureau of vital statistics to prescribe forms for complying fatherhood
documents.  Sets forth requirements for the forms.  Requires the fatherhood
document to inform the putative father that the mother's consent to the
fatherhood document will result in certain actions.  Requires the form for
denial of paternity to inform the signer of certain actions resulting from
consent of the mother. 

Sec.  160.213.  VALIDITY OF FORMS.  Provides that the validity of
fatherhood documents is not affected by bureau of vital statistics
modifications, under certain conditions. 

Sec.  160.214.  RELEASE OF INFORMATION.  Requires the bureau of vital
statistics to release certain information to the agency and any other
person authorized by law. 

 Sec.  160.215.  ADOPTION OF RULES.  Authorizes the agency and the bureau
of vital statistics to adopt rules to implement this subchapter.   

Sec.  160.216.  MEMORANDUM OF UNDERSTANDING.  Requires the agency and the
bureau of vital statistics to adopt a memorandum of understanding regarding
paternity information, and requires these entities to renew or modify the
memorandum as necessary. 

SECTION 38.  Amends Section 160.251(d), Family Code, to exempt a man from
registering with the paternity registry if he has filed a fatherhood
document under Subchapter C. 

SECTION 39.  Amends Chapter 160D, Family Code, by adding Section 160.2545,
as follows: 

Sec.  160.2545.  INFORMATION REGARDING REGISTRY, BIRTH RECORDS, AND
ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF VITAL STATISTICS.
Requires the bureau of vital statistics  to search certain documents on
receipt of a request for a certificate under Section 160.260, Family Code,
and requires the bureau to provide the search results to the requestor. 

SECTION 40.  Amends Section 161.105(b), Family Code, to require the
affidavit to contain certain information including an acknowledgment of
paternity. 

SECTION 41.  Amends Section 201.102(b), Family Code, to delete text
regarding issues that apply to a master appointed under this subchapter. 

SECTION 42.  Amends Section 201.104, Family Code, as follows:

Sec.  201.104.  New heading:  POWERS AND DUTIES OF MASTER.  Authorizes a
master to render and sign any order that is not a final order on the merits
of the case.  Authorizes a master to recommend to the referring court any
order after a trial on the merits. 

SECTION 43.  Amends Chapter 201B, Family Code, by adding Sections 201.1041
and 201.1042, as follows: 

Sec.  201.1041.  JUDICIAL ACTION ON MASTER'S REPORT.  Sets forth conditions
requiring a recommendation of the master to become an order of the
referring court by operation of law without ratification by the referring
court.  Sets forth provisions for a master's report to become an order
recommending enforcement by contempt or immediate incarceration.
Establishes the authority of a master's decision during an appeal of the
master's report to the referring court, and provides an exception. 

Sec.  201.1042.  APPEAL TO REFERRING COURT.  Expands the application of
Section 201.015, Family Code, to include an appeal of the master's
recommendations.  Requires the party appealing the master's recommendations
to file with certain entities.  Sets forth deadlines for an appeal filer.
Requires the referring court to determine whether the respondent should be
released on bond or whether appearance in court can be otherwise assured.
Sets forth provisions for the release of the respondent on bail.  Requires
the court to give the respondent notice of the hearing in open court, if
the respondent is released without posting bond or security.  Sets forth
provisions for a respondent whose appearance in court cannot be assured by
the referring court. 

SECTION 44.  Amends Chapter 201B, Family Code, by adding Section 201.1065,
as follows: 

Sec.  201.1065.  SUPERVISION OF MASTERS.  Requires certain entities to
report a plan to improve masters' efficiency and participation in the child
support enforcement program. Sets forth requirements of the plan.  Requires
the office of court administration to assist the presiding judges in
monitoring the masters' compliance with certain job standards, laws, and
policies. 

SECTION 45.  Amends Section 201.107(b), Family Code, to authorize
reimbursement for entities  appointed under this subchapter, rather than
section. 

SECTION 46.  Amends Section 201.111, Family Code, as follows:

Sec.  201.111.  New heading:  TIME TO ACT ON MASTER'S REPORT THAT INCLUDES
FINDING OF CONTEMPT.  Requires the referring court to take certain actions
not later than the 10th day after the filing of a master's report
recommending a finding of contempt. 

SECTION 47.  Amends Chapter 201B, Family Code, by adding Section 201.112,
as follows: 

Sec.  201.112.  LIMITATION ON LAW PRACTICE BY MASTER.  Prohibits a master
from engaging in the private practice of law. 

SECTION 48.  Amends Section 203.005(a), Family Code, to authorize the
collection of a maximum $36 initial child support service fee to be paid to
the domestic relations office on the filing of a suit. Makes conforming
changes. 

SECTION 49.  Amends Section 203.007(a), Family Code, to make a conforming
change. 

SECTION 50.  Amends Section 231.0011, Family Code, to specify the
involvement of the agency, rather than the attorney general regarding the
development of a statewide integrated system for child support and medical
support enforcement.  Deletes text regarding the attorney general.  Makes
conforming changes. 

SECTION 51.  Amends Chapter 231A, Family Code, by amending Sections 231.002
and 231.005, and adding Sections 231.011-231.014, as follows: 

Sec.  231.002.  POWERS AND DUTIES.  Requires the agency to enforce the
child support obligation by filing a lien, under certain conditions.  Makes
conforming and nonsubstantive changes. 

Sec.  231.005.  BIENNIAL REPORT REQUIRED.  Requires the Title IV-D agency
(agency), designated as the Office of the Attorney General, to report to
the legislature biennially on certain enforcement tools and the impact of
using private contractors.  Makes conforming changes. 

Sec.  231.011.  INTERAGENCY WORK GROUP.  Requires the agency to convene a
standing work group (group) to develop and maintain an interagency
partnership strategy, and requires the agency's director to lead the group.
Sets forth requirements for the group's composition, and requirements for
agencies to appoint representatives.  Requires a Health and Human Services
Commission (HHS) representative's presence in the group when addressing an
issue under HHS's authority.  Sets forth requirements for the interagency
partnership strategy.  Requires agency representatives in the group to
identify child support services provided by that agency.  Sets forth
requirements for the state auditor and the State Council on Competitive
Government regarding their responsibility to assist agencies and the group. 

Sec.  231.012.  COUNTY ADVISORY WORK GROUP.  Requires the agency's director
to establish a county advisory work group (advisory group) to assist in
modifying child support programs that affect counties.  Sets forth the
required composition of the advisory group. Requires the agency's director
to consult with certain entities prior to appointing advisory group
members.  Requires the agency's director to determine the composition and
leadership of the advisory group.  Sets forth required actions of the
advisory group.  Prohibits a work group member, or the member's designee
from receiving compensation, but entitles the individual to reimbursement
for certain expenses.  Provides that the work group is not an advisory
committee as defined by Section 2110.001, Government Code.  Exempts the
work group from being subject to regulations of Chapter 2110, Government
Code. 

 Sec.  231.013.  INFORMATION RESOURCES STEERING COMMITTEE.  Sets forth
required actions of an information resources steering committee appointed
by the agency. Requires the steering committee to include a senior
management executive representing each significant function of the agency,
and authorizes the steering committee to include other certain persons.
Requires the agency director to appoint steering committee members
subsequent to consultation with the Department of Information Resources. 

Sec.  231.014.  PERSONNEL.  Requires the agency director to provide
information regarding employment requirements, responsibilities, and
standards of conduct, to certain entities. 

SECTION 52.  Amends Section 231.106(b), Family Code, to prohibit the clerk
from requiring an order of the court to terminate the assignment and direct
support payments to the person entitled to receive the payment. 

SECTION 53.  Amends Section 231.108, Family Code, by adding Subsection (f),
to authorize the agency, by rule, to provide for the release of information
to persons for purposes not prohibited by federal law. 

SECTION 54.  Amends Chapter 231B, Family Code, by amending Sections
231.112, 231.115 and 231.117, and adding Sections 231.117-231.120, as
follows: 

Sec.  231.112.  INFORMATION ON PATERNITY ESTABLISHMENT.  Makes a conforming
change. 

Sec.  231.115.  NONCOOPERATION BY RECIPIENT OF PUBLIC ASSISTANCE. Requires
the agency to identify certain actions, adopt rules governing
noncompliance, and take certain actions to impose sanctions. 

Sec.  231.117.  UNEMPLOYED NONCUSTODIAL PARENTS.  Redesignated from
existing Section 231.115.  Authorizes a court or the agency to issue an
order requiring the parent to take certain actions towards the payment of
overdue support. 

Sec.  231.118.  SERVICE OF CITATION.  Authorizes the agency to contract
with private process servers to serve certain required documents.  Provides
that a document server under this section is authorized to serve documents
without a written court order authorizing the service.  Sets forth
provisions for the issuance and return of the process. 

Sec.  231.119.  OMBUDSMAN PROGRAM.  Requires the agency to establish an
ombudsman program to process and track complaints against the agency.  Sets
forth requirements for the agency director.  Requires the agency to develop
and implement a uniform ombudsman process, and sets forth requirements for
that process.  Requires each ombudsman to oversee complaint filing and
resolution.  Requires the agency to maintain a file on each complaint and
sets forth requirements for the file.  Requires the agency to notify the
complainant and other entities of the status of the complaint, and creates
an exception. Requires the agency to provide the complainant and other
entities with a copy of the agency's complaint policies. 

Sec.  231.120.  TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS.  Requires the
agency to maintain a toll-free number for employers responsible for
withholding child support, and requires the agency to inform employers
about the existence of the toll-free number. 

SECTION 55.  Amends Section 231.204, Family Code, to prohibit an appellate
court or a clerk of an appellate court from charging certain entities with
certain fees. 

SECTION 56.  Amends Section 231.301, Family Code, to require a certain
parent locator service to be used for child support and paternity
establishment.  Authorizes certain persons to receive information under
this section. 
 
SECTION 57.  Amends Section 231.305, Family Code, to require the agency and
the Texas Department of Human Services (TDHS) to do the following:  quickly
forward information regarding child support collection to the agency,
develop training programs to enhance information collection, develop a
deadline to respond to a complying and a noncompliance sanction request,
develop certain performance measures, and to prescribe a forwarding
information deadline and determine what constitutes complete information.
Requires the agency and TDHS to review and renew the memorandum by January
1 of each even-numbered year, rather than semiannually, and as necessary. 

SECTION 58.  Amends Section 231.307, Family Code, by amending Subsections
(c) and (d) and adding Subsection (e), to authorize the agency to enter
into an agreement with other states to create a consortium for data
matches.  Authorizes the agency to contract with a vendor, under certain
circumstances.  Makes conforming changes. 

SECTION 59.  Amends Section 232.003(a), Family Code, to authorize the
issuance of a license suspension for an individual who has been provided
with a certain opportunity under court order. Deletes text regarding a
repayment schedule. 

SECTION 60.  Amends Section 232.004(b), Family Code, to provide that a
petition can be filed with certain entities besides the agency.  Provides
that the tribunal in which the petition is filed obtains jurisdiction over
the matter. 

SECTION 61.  Amends Section 232.008(a), Family Code, to provide an
exception if an individual establishes an affirmative defense as provided
by Section 157.008(c). 

SECTION 62.  Amends Section 233.001, Family Code, by amending Subsection
(b) and adding Subsection (c), to delete text regarding information in the
registry required by 42 U.S.C. Section 654a(e) concerning the parent's
case.  Requires the state case registry to provide certain information to a
domestic relations office or friend of the court.  Makes conforming and
nonsubstantive changes. 

SECTION 63.  Amends Section 233.005, Family Code, to authorize the
initiation of an administrative action by a notice of proposed child
support review under Section 233.0095, Family Code. 

SECTION 64.  Amends Chapter 233, Family Code, by adding Section 233.0095,
as follows: 
 
Sec.  233.0095.  NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN CASES OF
ACKNOWLEDGED PATERNITY.  Authorizes the agency to serve a father who signs
a fatherhood document, with a notice of proposed child support review
order.  Sets forth requirements of the proposed child support review order.
Authorizes the agency to schedule a negotiation conference without a
request from a party.  Requires the agency to schedule a negotiation
conference on the timely request of a party.  Authorizes the agency to
conduct a negotiation conference through certain formats, and  adjourn the
conference to permit mediation of certain unresolved issues. 

SECTION 65.  Amends Section 233.018, Family Code, to require a certain
typeface for a certain statement.  Authorizes certain parties to take
certain actions if a negotiation conference results in an agreement on some
issues in a certain case. Specifies that notice of the hearing is not
required. 

SECTION 66.  Amends Section 233.019(c), Family Code, to make a conforming
change. 

SECTION 67.  Amends Section 233.020, Family Code, to authorize a certain
petition to include a waiver of service and an agreement to appear in
court.  Makes a conforming change. 

SECTION 68.  Amends Chapter 234A, Family Code, by amending Sections
234.001-234.003, and adding Sections 234.006-234.008, as follows: 

Sec.  234.001.  New heading:  ESTABLISHMENT AND OPERATION OF STATE CASE
REGISTRY AND STATE DISBURSEMENT UNIT.  Creates requirements for the state
case registry and the state disbursement unit.  Sets forth information
required to be available to  a local registry daily.  Deletes text
regarding support payments and official child support records.  Makes
conforming and nonsubstantive changes. 

Sec.  234.002.  INTEGRATED SYSTEM FOR CHILD SUPPORT AND MEDICAL SUPPORT
ENFORCEMENT.  Makes a conforming change. 

Sec.  234.003.  WORK GROUP; COOPERATION REQUIRED.  Requires the work group
to meet at least quarterly.  Provides for the expiration of this section
December 31, 2000. Makes conforming and nonsubstantive changes.   

Sec.  234.006.  EFFECTIVE DATE AND PROCEDURES.  Requires the agency, in
cooperation with the work group, to adopt rules establishing definitions,
dates, procedures, and operations of the state case registry and the state
disbursement unit.  Sets forth required procedures. 

Sec.  234.007.  NOTICE OF PLACE OF PAYMENT.  Requires the agency to notify
the courts of the establishment of the disbursement unit, and requires
certain orders of the court subsequent to notification.  Requires the
agency to issue a notice of place of payment informing the obligor,
obligee, and employer, that income withheld for child support is to be paid
to the state disbursement unit.  Requires the filing of the notice with
certain entities. Sets forth requirements for the notice required by
Subsection (b).  Requires the clerk of the court to appropriately file the
notice upon its receipt. 

Sec.  234.008.  DEPOSIT, DISTRIBUTION, AND ISSUANCE OF PAYMENTS.  Requires
the state disbursement unit to distribute the payment to the agency or the
obligee by a certain deadline.  Requires the state disbursement unit to
deposit child support payments in a trust fund with the state comptroller
on a certain schedule.   

Sec.  234.009.  OFFICIAL CHILD SUPPORT PAYMENT RECORD.  Sets forth the
official record of payments received by certain entities.  Authorizes a
local registry to accept a record of payments furnished by the state
disbursement unit and to add certain records, under certain conditions.
Sets forth provisions for the official record of payments in the case of no
local registry payment additions. 

SECTION 69.  Amends Section 192.002, Health and Safety Code, by adding
Subsection (d), to require the mother's and father's social security
numbers to be made available to the federal Social Security Administration.

SECTION 70.  Amends Section 192.0051, Health and Safety Code, as follows:

Sec.  192.0051.  New heading:  REPORT OF DETERMINATION OF PATERNITY.
Requires a clerk to take certain action on completion of the report, rather
than by the 10th day of each month.  Makes conforming and nonsubstantive
changes. 

SECTION 71.  Amends Section 192.006, Health and Safety Code, by adding
Subsection (e), to authorize the filing of a supplementary birth
certificate, under certain conditions. 

SECTION 72.  Amends Chapter 192A, Health and Safety Code, by adding Section
192.012, as follows: 

Sec.  192.012.  RECORD OF ACKNOWLEDGMENT OF PATERNITY.  Sets forth
requirements for the person listed in Section 192.003 who is responsible
for filing the birth certificate.  Requires the local registrar to transmit
the acknowledgment of paternity to the state registrar.  Requires the state
registrar to record certain information and transmit it to the agency.
Authorizes the agency to use the information for certain purposes. 

SECTION 73.  Amends Sections 193.001, Health and Safety Code, by amending
Subsections (b) and (c), and adding Subsection (d), to require the
recording of the social security number on certain documents regarding the
death.  Makes conforming changes. 
 
SECTION 74.  Amends Section 31.0032(a), Human Resources Code, to require
the Department of Protective and Regulatory Services to immediately take
certain actions, except as provided by Section 231.115, Family Code, after
an investigation by the agency.  Makes conforming changes. 

SECTION 75.  Amends Sections 31.0033(a) and (c), Human Resources Code, to
prohibit the imposition of sanctions on a showing of good cause for
noncompliance.  Includes the agency in certain powers and responsibilities. 

SECTION 76.  Amends Section 411.127, Government Code, to entitle the
agency, rather than the attorney general, to obtain certain information
from the Federal Bureau of Investigation identification division, or
another law enforcement agency, regarding a potential agency staff member.
Defines "Title IV-D agency." Makes conforming and nonsubstantive changes. 

SECTION 77.  (a)  Amends Section 521.044, Transportation Code, by adding
Subsection (f), to provide that this section does not prohibit a
requirement that a driver's license applicant provide a social security
number. 

(b)  Provides that if S.B. 370 is enacted, Section 521.044(f),
Transportation Code, has no effect.  

SECTION 78.  (a)  Amends Section 521.142, Transportation Code, by adding
Subsection (g), to authorize the requirement that an applicant supply a
social security number only for certain purposes. 

 (b)  Makes a conforming change.

SECTION 79.  (a)  Requires the attorney general to redesign and improve the
child support enforcement program. 

(b)  Sets forth provisions regarding the attorney general's involvement
with child support enforcement.  Limits the subjects the Sunset Advisory
Commission is authorized to review. 

(c)  Requires the Sunset Advisory Commission to analyze certain actions of
the attorney general. 

(d)  Creates a deadline for the attorney general to report improved
performance regarding the child support enforcement program.  Requires the
attorney general's child support enforcement division to collect and report
on certain information. 

(e)  Provides that the attorney general's involvement in child support
enforcement matters is not abolished under Chapter 325, Government Code
(Texas Sunset Act). 

(f)  Sets forth the attorney general's required duties in child support
enforcement related matters. 

(g)  Requires the Sunset Advisory Commission to report required findings to
the 77th Legislature, Regular Session, 2001. 

SECTION 80.  (a)  Requires the attorney general's child support enforcement
division (division) to investigate revenue sources for the child support
program.  Sets forth required guidelines for the investigation.  Sets forth
requirements of the cost-benefit analysis. 

(b)  Requires the division to report its findings to the Sunset Advisory
Commission, and other authorities by October 15, 2000. 

SECTION 81.Repealers:  Section 158.505(c), Family Code (regarding a writ of
withholding). 
Section 160.002(c), Family Code (regarding authorization to bring a suit to
establish paternity at any time). 
Section 192.003(e), Health and Safety Code (regarding the birth certificate
filer). 
 Section 192.003(f), Health and Safety Code (regarding the local registrar).
Section 192.003(g), Health and Safety Code (regarding the state registrar).

SECTION 82.  (a)  Effective date:  September 1, 1999.

(b)  Requires the interagency work group to develop the partnership
strategy required by Section 231.011, Family Code, by January 1, 2000. 

(c)  Requires the county advisory work group to complete the state-county
support improvement plan by January 1, 2000. 

(d)  Requires the agency and the Texas Department of Human Services to
update the memorandum of understanding by January 1, 2000. 

 (e)  Makes application of this Act prospective to January 1, 2001.

SECTION 83.  Emergency clause.