By Grusendorf H.B. No. 1884
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection and enforcement of child support.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 158.203(b), Family Code, is amended to
1-5 read as follows:
1-6 (b) The employer shall include with each payment
1-7 transmitted:
1-8 (1) the number assigned by the Title IV-D agency, if
1-9 available, the county identification number, if available, and [or]
1-10 the cause number of the suit under which withholding is required;
1-11 (2) the payor's name and social security number; and
1-12 (3) the payee's name and, if available, social
1-13 security number, unless the payment is transmitted by electronic
1-14 funds transfer.
1-15 SECTION 2. Section 158.204, Family Code, is amended to read
1-16 as follows:
1-17 Sec. 158.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An
1-18 employer may deduct an administrative fee of not more than $10 [$5]
1-19 each month from the obligor's disposable earnings in addition to
1-20 the amount to be withheld as child support.
1-21 SECTION 3. Section 158.206(b), Family Code, is amended to
1-22 read as follows:
1-23 (b) An employer receiving an order or writ of withholding
1-24 who does not comply with the order or writ is liable:
2-1 (1) to the obligee for the amount not paid in
2-2 compliance with the order or writ, including the amount the obligor
2-3 is required to pay for health insurance under Chapter 154;
2-4 (2) to the obligor for:
2-5 (A) the amount withheld and not remitted on each
2-6 pay date to the person or office named in the order or writ; and
2-7 (B) an amount equal to the interest that accrues
2-8 under Section 157.265 on the amount withheld and not paid; and
2-9 (3) for reasonable attorney's fees and court costs.
2-10 SECTION 4. Subchapter C, Chapter 158, Family Code, is
2-11 amended by adding Section 158.212 to read as follows:
2-12 Sec. 158.212. IMPROPER PAYMENT. If an employer remits a
2-13 payment to an incorrect office or person, the employer shall remit
2-14 the payment to the agency or person identified in the order of
2-15 withholding within two working days after the date the employer
2-16 receives the returned payment.
2-17 SECTION 5. Section 203.004(a), Family Code, is amended to
2-18 read as follows:
2-19 (a) A domestic relations office may:
2-20 (1) collect and disburse child support payments that
2-21 are ordered by a court to be paid through a domestic relations
2-22 registry;
2-23 (2) maintain records of payments and disbursements
2-24 made under Subdivision (1);
2-25 (3) file a suit, including a suit to:
2-26 (A) establish paternity;
2-27 (B) enforce a court order for child support or
3-1 for possession of and access to a child; and
3-2 (C) modify or clarify an existing child support
3-3 order;
3-4 (4) provide an informal forum in which:
3-5 (A) mediation is used to resolve disputes in an
3-6 action under Subdivision (3); or
3-7 (B) an agreed repayment schedule for delinquent
3-8 child support is negotiated as an alternative to filing a suit to
3-9 enforce a court order for child support under Subdivision (3);
3-10 (5) prepare a court-ordered social study;
3-11 (6) represent a child as guardian ad litem in a suit
3-12 in which:
3-13 (A) termination of the parent-child relationship
3-14 is sought; or
3-15 (B) conservatorship of or access to a child is
3-16 contested;
3-17 (7) serve as a friend of the court;
3-18 (8) provide predivorce counseling ordered by a court;
3-19 (9) provide community supervision services under
3-20 Chapter 157; and
3-21 (10) provide information to assist a party in
3-22 understanding, complying with, or enforcing the party's duties and
3-23 obligations under Subdivision (3).
3-24 SECTION 6. Section 203.007, Family Code, is amended to read
3-25 as follows:
3-26 Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
3-27 relations office may obtain the records described by Subsections
4-1 (b), [and] (c), (d), and (e) that relate to a person who has:
4-2 (1) been ordered to pay child support;
4-3 (2) been designated as a possessory conservator or
4-4 managing conservator of a child;
4-5 (3) been designated to be the father of a child; or
4-6 (4) executed a statement of paternity.
4-7 (b) A domestic relations office is entitled to obtain from
4-8 the Department of Public Safety records that relate to:
4-9 (1) a person's date of birth;
4-10 (2) a person's most recent address;
4-11 (3) a person's current driver's license status;
4-12 (4) motor vehicle accidents involving a person; and
4-13 (5) reported traffic-law violations of which a person
4-14 has been convicted.
4-15 (c) A domestic relations office is entitled to obtain from
4-16 the Texas Workforce [Employment] Commission records that relate to:
4-17 (1) a person's address;
4-18 (2) a person's employment status and earnings;
4-19 (3) the name and address of a person's current or
4-20 former employer; and
4-21 (4) unemployment compensation benefits received by a
4-22 person.
4-23 (d) To the extent permitted by federal law, a domestic
4-24 relations office is entitled to obtain from the national directory
4-25 of new hires established under 42 U.S.C. Section 653(i), as
4-26 amended, records that relate to a person described by Subsection
4-27 (a), including records that relate to:
5-1 (1) the name, telephone number, and address of the
5-2 person's employer;
5-3 (2) information provided by the person on a W-4 form;
5-4 and
5-5 (3) information provided by the person's employer on a
5-6 Title IV-D form.
5-7 (e) To the extent permitted by federal law, a domestic
5-8 relations office is entitled to obtain from the state case registry
5-9 records that relate to a person described by Subsection (a),
5-10 including records that relate to:
5-11 (1) the street and mailing address and the social
5-12 security number of the person;
5-13 (2) the name, telephone number, and address of the
5-14 person's employer;
5-15 (3) the location and value of real and personal
5-16 property owned by the person; and
5-17 (4) the name and address of each financial institution
5-18 in which the person maintains an account and the account number for
5-19 each account.
5-20 (f) An agency required to provide records under this section
5-21 may charge a domestic relations office a fee for providing the
5-22 records in an amount that does not exceed the amount paid for those
5-23 records by the agency responsible for Title IV-D cases.
5-24 (g) [(e)] The Department of Public Safety, the Texas
5-25 Workforce [Employment] Commission, or the office of the secretary
5-26 of state may charge a domestic relations office a fee not to exceed
5-27 the charge paid by the Title IV-D agency for furnishing records
6-1 under this section.
6-2 (h) [(f)] Information obtained by a domestic relations
6-3 office under this section that is confidential under a
6-4 constitution, statute, judicial decision, or rule is privileged and
6-5 may be used only by that office.
6-6 (i) [(g)] A person commits an offense if the person releases
6-7 or discloses confidential information obtained under this section
6-8 without the consent of the person to whom the information relates.
6-9 An offense under this subsection is a Class C misdemeanor.
6-10 (j) [(h)] A domestic relations office is entitled to obtain
6-11 from the office of the secretary of state the following information
6-12 about a registered voter to the extent that the information is
6-13 available:
6-14 (1) complete name;
6-15 (2) current and former street and mailing address;
6-16 (3) sex;
6-17 (4) date of birth;
6-18 (5) social security number; and
6-19 (6) telephone number.
6-20 SECTION 7. Section 231.303(d), Family Code, is amended to
6-21 read as follows:
6-22 (d) An individual or organization may not be liable in a
6-23 civil action or proceeding for disclosing financial or other
6-24 information to a Title IV-D agency under this section. The Title
6-25 IV-D agency may disclose information in a financial record obtained
6-26 from a financial institution only to the extent necessary:
6-27 (1) to establish, modify, or enforce a child support
7-1 obligation; or
7-2 (2) to comply with Section 233.001, as added by
7-3 Chapter 420, Acts of the 75th Legislature, Regular Session, 1997.
7-4 SECTION 8. Section 233.001, Family Code, as added by Chapter
7-5 420, Acts of the 75th Legislature, Regular Session, 1997, is
7-6 amended to read as follows:
7-7 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
7-8 registry shall provide information under this chapter on the
7-9 written request of a custodial parent, domestic relations office,
7-10 or friend of the court regarding a case that [whose case]:
7-11 (1) is included in the state case registry established
7-12 under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
7-13 agency is not providing enforcement services; or
7-14 (2) would otherwise not be required to be included in
7-15 the state case registry under 42 U.S.C. Section 654a but for which
7-16 an application has been made [who has applied] for inclusion under
7-17 Section 233.002.
7-18 (b) The state case registry shall provide to a custodial
7-19 parent under Subsection (a) who makes a request for information or
7-20 to an attorney or [, friend of the court,] guardian ad litem[, or
7-21 domestic relations office] designated by the parent any information
7-22 in the registry concerning the parent's case, including:
7-23 (1) the noncustodial parent's address, social security
7-24 number, and employer's name and address;
7-25 (2) the amount and location of real and personal
7-26 property owned by the noncustodial parent;
7-27 (3) the name and address of financial institutions in
8-1 which the noncustodial parent has an account and each account
8-2 number; and
8-3 (4) any other information the disclosure of which is
8-4 not specifically prohibited by federal law.
8-5 (c) To the extent permitted by federal law, the state case
8-6 registry shall provide the information described by Subsection (b)
8-7 to a domestic relations office or friend of the court that makes a
8-8 request for information under Subsection (a).
8-9 SECTION 9. Section 233.003, Family Code, as added by Chapter
8-10 420, Acts of the 75th Legislature, Regular Session, 1997, is
8-11 amended to read as follows:
8-12 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
8-13 Title IV-D agency may not require an application for services as a
8-14 condition for:
8-15 (1) releasing information under Section 233.001 [to a
8-16 custodial parent or to the person designated by the parent]; or
8-17 (2) including a case in the state case registry under
8-18 Section 233.002.
8-19 SECTION 10. Subchapter A, Chapter 234, Family Code, as added
8-20 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
8-21 Session, 1997, is amended by amending Section 234.001 and adding
8-22 Section 234.006 to read as follows:
8-23 Sec. 234.001. ESTABLISHMENT AND OPERATION OF [UNIFIED]
8-24 REGISTRY AND DISBURSEMENT UNIT. (a) The Title IV-D agency shall
8-25 establish and operate a [unified] state case registry and state
8-26 disbursement unit meeting the requirements of 42 U.S.C. Sections
8-27 654a(e) and 654b.
9-1 (b) The state case registry [and unit] shall[:]
9-2 [(1)] maintain records of child support orders in
9-3 Title IV-D cases and in other cases in which a child support order
9-4 has been established or modified in this state on or after October
9-5 1, 1998.
9-6 (c) The state disbursement unit shall:
9-7 (1) [; (2)] receive, maintain, and furnish records of
9-8 child support payments in Title IV-D cases and other cases as
9-9 required by law[;]
9-10 [(3) in a Title IV-D case, monitor support payments
9-11 and initiate appropriate enforcement actions immediately on the
9-12 occurrence of a delinquency in payment];
9-13 (2) forward [(4) distribute] child support payments
9-14 as required by law;
9-15 (3) [and (5)] maintain [custody of official] child
9-16 support payment records made through the state [in the registry
9-17 and] disbursement unit; and
9-18 (4) make available to a local registry each day in a
9-19 manner prescribed by the work group under Section 234.003 the
9-20 following information:
9-21 (A) the cause number of the suit under which
9-22 withholding is required;
9-23 (B) the payor's name and social security number;
9-24 (C) the payee's name and, if available, social
9-25 security number;
9-26 (D) the date the disbursement unit received the
9-27 payment;
10-1 (E) the amount of the payment; and
10-2 (F) the instrument identification information.
10-3 Sec. 234.006. RETURN OF PAYMENTS. Not later than the second
10-4 working day after the date the state disbursement unit receives a
10-5 child support payment, the state disbursement unit shall:
10-6 (1) distribute the payment to the Title IV-D agency or
10-7 the obligee; or
10-8 (2) not later than the fifth working day, return the
10-9 payment to the person who remitted the payment if the state
10-10 disbursement unit:
10-11 (A) does not process child support payments for
10-12 the case for which the payment is made; or
10-13 (B) has insufficient information to identify the
10-14 case for which the payment is made.
10-15 SECTION 11. This Act takes effect September 1, 1999, and
10-16 applies only to child support withheld on or after that date.
10-17 Child support withheld before the effective date of this Act is
10-18 governed by the law in effect on the date the child support was
10-19 withheld, and the former law is continued in effect for that
10-20 purpose.
10-21 SECTION 12. The importance of this legislation and the
10-22 crowded condition of the calendars in both houses create an
10-23 emergency and an imperative public necessity that the
10-24 constitutional rule requiring bills to be read on three several
10-25 days in each house be suspended, and this rule is hereby suspended.