76R12501 E
By Grusendorf H.B. No. 1884
Substitute the following for H.B. No. 1884:
By Reyna of Dallas C.S.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 158.206(b), Family Code, is amended to
1-16 read as follows:
1-17 (b) An employer receiving an order or writ of withholding
1-18 who does not comply with the order or writ is liable:
1-19 (1) to the obligee for the amount not paid in
1-20 compliance with the order or writ, including the amount the obligor
1-21 is required to pay for health insurance under Chapter 154;
1-22 (2) to the obligor for:
1-23 (A) the amount withheld and not remitted on each
1-24 pay date to the person or office named in the order or writ; and
2-1 (B) an amount equal to the interest that accrues
2-2 under Section 157.265 on the amount withheld and not paid; and
2-3 (3) for reasonable attorney's fees and court costs.
2-4 SECTION 3. Subchapter C, Chapter 158, Family Code, is
2-5 amended by adding Section 158.212 to read as follows:
2-6 Sec. 158.212. IMPROPER PAYMENT. If an employer remits a
2-7 payment to an incorrect office or person, the employer shall remit
2-8 the payment to the agency or person identified in the order of
2-9 withholding within two working days after the date the employer
2-10 receives the returned payment.
2-11 SECTION 4. Section 203.004(a), Family Code, is amended to
2-12 read as follows:
2-13 (a) A domestic relations office may:
2-14 (1) collect and disburse child support payments that
2-15 are ordered by a court to be paid through a domestic relations
2-16 registry;
2-17 (2) maintain records of payments and disbursements
2-18 made under Subdivision (1);
2-19 (3) file a suit, including a suit to:
2-20 (A) establish paternity;
2-21 (B) enforce a court order for child support or
2-22 for possession of and access to a child; and
2-23 (C) modify or clarify an existing child support
2-24 order;
2-25 (4) provide an informal forum in which:
2-26 (A) mediation is used to resolve disputes in an
2-27 action under Subdivision (3); or
3-1 (B) an agreed repayment schedule for delinquent
3-2 child support is negotiated as an alternative to filing a suit to
3-3 enforce a court order for child support under Subdivision (3);
3-4 (5) prepare a court-ordered social study;
3-5 (6) represent a child as guardian ad litem in a suit
3-6 in which:
3-7 (A) termination of the parent-child relationship
3-8 is sought; or
3-9 (B) conservatorship of or access to a child is
3-10 contested;
3-11 (7) serve as a friend of the court;
3-12 (8) provide predivorce counseling ordered by a court;
3-13 (9) provide community supervision services under
3-14 Chapter 157; and
3-15 (10) provide information to assist a party in
3-16 understanding, complying with, or enforcing the party's duties and
3-17 obligations under Subdivision (3).
3-18 SECTION 5. Section 203.007, Family Code, is amended to read
3-19 as follows:
3-20 Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
3-21 relations office may obtain the records described by Subsections
3-22 (b), [and] (c), (d), and (e) that relate to a person who has:
3-23 (1) been ordered to pay child support;
3-24 (2) been designated as a possessory conservator or
3-25 managing conservator of a child;
3-26 (3) been designated to be the father of a child; or
3-27 (4) executed a statement of paternity.
4-1 (b) A domestic relations office is entitled to obtain from
4-2 the Department of Public Safety records that relate to:
4-3 (1) a person's date of birth;
4-4 (2) a person's most recent address;
4-5 (3) a person's current driver's license status;
4-6 (4) motor vehicle accidents involving a person; and
4-7 (5) reported traffic-law violations of which a person
4-8 has been convicted.
4-9 (c) A domestic relations office is entitled to obtain from
4-10 the Texas Workforce [Employment] Commission records that relate to:
4-11 (1) a person's address;
4-12 (2) a person's employment status and earnings;
4-13 (3) the name and address of a person's current or
4-14 former employer; and
4-15 (4) unemployment compensation benefits received by a
4-16 person.
4-17 (d) To the extent permitted by federal law, a domestic
4-18 relations office is entitled to obtain from the national directory
4-19 of new hires established under 42 U.S.C. Section 653(i), as
4-20 amended, records that relate to a person described by Subsection
4-21 (a), including records that relate to:
4-22 (1) the name, telephone number, and address of the
4-23 person's employer;
4-24 (2) information provided by the person on a W-4 form;
4-25 and
4-26 (3) information provided by the person's employer on a
4-27 Title IV-D form.
5-1 (e) To the extent permitted by federal law, a domestic
5-2 relations office is entitled to obtain from the state case registry
5-3 records that relate to a person described by Subsection (a),
5-4 including records that relate to:
5-5 (1) the street and mailing address and the social
5-6 security number of the person;
5-7 (2) the name, telephone number, and address of the
5-8 person's employer;
5-9 (3) the location and value of real and personal
5-10 property owned by the person; and
5-11 (4) the name and address of each financial institution
5-12 in which the person maintains an account and the account number for
5-13 each account.
5-14 (f) An agency required to provide records under this section
5-15 may charge a domestic relations office a fee for providing the
5-16 records in an amount that does not exceed the amount paid for those
5-17 records by the agency responsible for Title IV-D cases.
5-18 (g) [(e)] The Department of Public Safety, the Texas
5-19 Workforce [Employment] Commission, or the office of the secretary
5-20 of state may charge a domestic relations office a fee not to exceed
5-21 the charge paid by the Title IV-D agency for furnishing records
5-22 under this section.
5-23 (h) [(f)] Information obtained by a domestic relations
5-24 office under this section that is confidential under a
5-25 constitution, statute, judicial decision, or rule is privileged and
5-26 may be used only by that office.
5-27 (i) [(g)] A person commits an offense if the person releases
6-1 or discloses confidential information obtained under this section
6-2 without the consent of the person to whom the information relates.
6-3 An offense under this subsection is a Class C misdemeanor.
6-4 (j) [(h)] A domestic relations office is entitled to obtain
6-5 from the office of the secretary of state the following information
6-6 about a registered voter to the extent that the information is
6-7 available:
6-8 (1) complete name;
6-9 (2) current and former street and mailing address;
6-10 (3) sex;
6-11 (4) date of birth;
6-12 (5) social security number; and
6-13 (6) telephone number.
6-14 SECTION 6. Section 231.303(d), Family Code, is amended to
6-15 read as follows:
6-16 (d) An individual or organization may not be liable in a
6-17 civil action or proceeding for disclosing financial or other
6-18 information to a Title IV-D agency under this section. The Title
6-19 IV-D agency may disclose information in a financial record obtained
6-20 from a financial institution only to the extent necessary:
6-21 (1) to establish, modify, or enforce a child support
6-22 obligation; or
6-23 (2) to comply with Section 233.001, as added by
6-24 Chapter 420, Acts of the 75th Legislature, Regular Session, 1997.
6-25 SECTION 7. Section 233.001, Family Code, as added by Chapter
6-26 420, Acts of the 75th Legislature, Regular Session, 1997, is
6-27 amended to read as follows:
7-1 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
7-2 registry shall provide information under this chapter on the
7-3 written request of a custodial parent, domestic relations office,
7-4 or friend of the court regarding a case that [whose case]:
7-5 (1) is included in the state case registry established
7-6 under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
7-7 agency is not providing enforcement services; or
7-8 (2) would otherwise not be required to be included in
7-9 the state case registry under 42 U.S.C. Section 654a but for which
7-10 an application has been made [who has applied] for inclusion under
7-11 Section 233.002.
7-12 (b) The state case registry shall provide to a custodial
7-13 parent under Subsection (a) who makes a request for information or
7-14 to an attorney or [, friend of the court,] guardian ad litem[, or
7-15 domestic relations office] designated by the parent any information
7-16 in the registry concerning the parent's case, including:
7-17 (1) the noncustodial parent's address, social security
7-18 number, and employer's name and address;
7-19 (2) the amount and location of real and personal
7-20 property owned by the noncustodial parent;
7-21 (3) the name and address of financial institutions in
7-22 which the noncustodial parent has an account and each account
7-23 number; and
7-24 (4) any other information the disclosure of which is
7-25 not specifically prohibited by federal law.
7-26 (c) To the extent permitted by federal law, the state case
7-27 registry shall provide the information described by Subsection (b)
8-1 to a domestic relations office or friend of the court that makes a
8-2 request for information under Subsection (a).
8-3 SECTION 8. Section 233.003, Family Code, as added by Chapter
8-4 420, Acts of the 75th Legislature, Regular Session, 1997, is
8-5 amended to read as follows:
8-6 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
8-7 Title IV-D agency may not require an application for services as a
8-8 condition for:
8-9 (1) releasing information under Section 233.001 [to a
8-10 custodial parent or to the person designated by the parent]; or
8-11 (2) including a case in the state case registry under
8-12 Section 233.002.
8-13 SECTION 9. Subchapter A, Chapter 234, Family Code, as added
8-14 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
8-15 Session, 1997, is amended by amending Section 234.001 and adding
8-16 Section 234.006 to read as follows:
8-17 Sec. 234.001. ESTABLISHMENT AND OPERATION OF [UNIFIED]
8-18 REGISTRY AND DISBURSEMENT UNIT. (a) The Title IV-D agency shall
8-19 establish and operate a [unified] state case registry and state
8-20 disbursement unit meeting the requirements of 42 U.S.C. Sections
8-21 654a(e) and 654b.
8-22 (b) The state case registry [and unit] shall[:]
8-23 [(1)] maintain records of child support orders in
8-24 Title IV-D cases and in other cases in which a child support order
8-25 has been established or modified in this state on or after October
8-26 1, 1998.
8-27 (c) The state disbursement unit shall:
9-1 (1) [; (2)] receive, maintain, and furnish records of
9-2 child support payments in Title IV-D cases and other cases as
9-3 required by law[;]
9-4 [(3) in a Title IV-D case, monitor support payments
9-5 and initiate appropriate enforcement actions immediately on the
9-6 occurrence of a delinquency in payment];
9-7 (2) forward [(4) distribute] child support payments
9-8 as required by law;
9-9 (3) [and (5)] maintain [custody of official] child
9-10 support payment records made through the state [in the registry
9-11 and] disbursement unit; and
9-12 (4) make available to a local registry each day in a
9-13 manner prescribed by the work group under Section 234.003 the
9-14 following information:
9-15 (A) the cause number of the suit under which
9-16 withholding is required;
9-17 (B) the payor's name and social security number;
9-18 (C) the payee's name and, if available, social
9-19 security number;
9-20 (D) the date the disbursement unit received the
9-21 payment;
9-22 (E) the amount of the payment; and
9-23 (F) the instrument identification information.
9-24 Sec. 234.006. RETURN OF PAYMENTS. Not later than the second
9-25 working day after the date the state disbursement unit receives a
9-26 child support payment, the state disbursement unit shall:
9-27 (1) distribute the payment to the Title IV-D agency or
10-1 the obligee; or
10-2 (2) not later than the fifth working day, return the
10-3 payment to the person who remitted the payment if the state
10-4 disbursement unit:
10-5 (A) does not process child support payments for
10-6 the case for which the payment is made; or
10-7 (B) has insufficient information to identify the
10-8 case for which the payment is made.
10-9 SECTION 10. This Act takes effect September 1, 1999, and
10-10 applies only to child support withheld on or after that date.
10-11 Child support withheld before the effective date of this Act is
10-12 governed by the law in effect on the date the child support was
10-13 withheld, and the former law is continued in effect for that
10-14 purpose.
10-15 SECTION 11. The importance of this legislation and the
10-16 crowded condition of the calendars in both houses create an
10-17 emergency and an imperative public necessity that the
10-18 constitutional rule requiring bills to be read on three several
10-19 days in each house be suspended, and this rule is hereby suspended.