SRC-AXB S.B. 368 76(R) BILL ANALYSIS Senate Research Center S.B. 368 76R3356 MCK-DBy: Harris Jurisprudence 4/9/1999 As Filed 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 establishes processes to coordinate child support efforts, and creates permanent work groups and to create an ombudsman program towards realizing this goal. PURPOSE As proposed, S.B. 368 establishes processes to coordinate child support efforts, and creates permanent work groups and an ombudsman program towards this goal. 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 160.004, Family Code, to authorize the court to render certain orders if a man signs a birth certificate as a child's father, or executes a statement of paternity under Subchapter C, Family Code. SECTION 2. Amends Chapter 231A, Family Code, by amending Section 231.005, and adding Sections 231.011-231.014, as follows: Sec. 231.005. 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. Provides that an advisory group member is not entitled to compensation for his or her services. Requires the agency to provide the advisory group with administrative support. 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 3. Amends Chapter 231B, Family Code, by adding Sections 231.117 and 231.118, as follows: Sec. 231.117. 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. 231.118. TOLL-FREE 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 4. Amends Section 231.305, Family Code, to require the agency and the Texas Department of Human Services (TDHS) to quickly forward information regarding child support collection to the agency. Requires the agency and TDHS to develop a deadline to respond to a noncompliance sanction request, 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 5. Amends 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 6. 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 birth certificate or executes a statement of paternity, 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 7. (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 8. (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 9. (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 improvement plan required by Section 231.012, Family Code, by January 1, 2000. (d) Requires the agency and TDHS to update the memorandum of understanding under Section 231.305, Family Code, by January 1, 2000. (e) Sets forth the limits of application of this Act to certain suits, and makes application of this Act prospective. SECTION 10. Emergency clause.