By Reyna of Bexar H.B. No. 443
76R851 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of a child support order using a child
1-3 support lien.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 231.002(e), Family Code, as relettered by
1-6 Section 1, Chapter 874, Acts of the 75th Legislature, Regular
1-7 Session, 1997, and amended by Section 68, Chapter 911, Acts of the
1-8 75th Legislature, Regular Session, 1997, is amended to read as
1-9 follows:
1-10 (e) The Title IV-D agency may take the following
1-11 administrative actions with respect to the location of a parent,
1-12 the determination of parentage, and the establishment,
1-13 modification, and enforcement of child support and medical support
1-14 orders required by 42 U.S.C. Section 666(c), without obtaining an
1-15 order from any other judicial or administrative tribunal:
1-16 (1) issue an administrative subpoena, as provided by
1-17 Section 231.303, to obtain financial or other information;
1-18 (2) order genetic testing for parentage determination,
1-19 as provided by Chapter 233;
1-20 (3) order income withholding, as provided by Chapter
1-21 233, and issue an administrative writ of withholding, as provided
1-22 by Chapter 158; and
1-23 (4) take any action with respect to execution and [,]
1-24 collection[, and release] of a judgment [or lien] for child support
2-1 necessary to satisfy the judgment [or lien], as provided by
2-2 Chapter 157.
2-3 SECTION 2. Section 231.002, Family Code, is amended by
2-4 adding Subsection (h) to read as follows:
2-5 (h) In each Title IV-D case, the Title IV-D agency shall
2-6 enforce the child support obligation by using the enforcement
2-7 procedures for a child support lien under Subchapter G, Chapter
2-8 157, without obtaining an order from any other judicial or
2-9 administrative tribunal.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.