By Grusendorf H.B. No. 1884
76R2148 MCK-D
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 158.206(b), Family Code, is amended to
1-5 read as follows:
1-6 (b) An employer receiving an order or writ of withholding
1-7 who does not comply with the order or writ is liable:
1-8 (1) to the obligee for the amount not paid in
1-9 compliance with the order or writ, including the amount the obligor
1-10 is required to pay for health insurance under Chapter 154;
1-11 (2) to the obligor for:
1-12 (A) the amount withheld and not paid; and
1-13 (B) an amount equal to the interest that accrues
1-14 under Section 157.265 on the amount withheld and not paid; and
1-15 (3) for reasonable attorney's fees and court costs.
1-16 SECTION 2. Chapter 158, Family Code, is amended by adding
1-17 Section 158.212 to read as follows:
1-18 Sec. 158.212. IMPROPER PAYMENT. If an employer remits a
1-19 payment to an incorrect office or person, the employer shall remit
1-20 the payment to the agency or person identified in the order of
1-21 withholding within two working days after the date the employer
1-22 receives the returned payment.
1-23 SECTION 3. Chapter 202, Family Code, is amended by adding
1-24 Section 202.006 to read as follows:
2-1 Sec. 202.006. FEES. (a) The court may authorize a friend
2-2 of the court to assess and collect a monthly child support service
2-3 fee not to exceed $5 to be paid by a managing conservator and
2-4 possessory conservator.
2-5 (b) The friend of the court shall collect the fee and
2-6 deliver the fee to the county treasurer, or the person who performs
2-7 the duties of the county treasurer, of the county in which the
2-8 court sits. The county treasurer, or the person who performs the
2-9 duties of the county treasurer, shall deposit the fees received
2-10 into the friend of the court fund.
2-11 (c) The local administrative district judge in the county
2-12 shall administer the friend of the court fund to assist in
2-13 providing friend of the court services.
2-14 SECTION 4. Section 203.004(a), Family Code, is amended to
2-15 read as follows:
2-16 (a) A domestic relations office may:
2-17 (1) collect and disburse child support payments that
2-18 are ordered by a court to be paid through a domestic relations
2-19 registry;
2-20 (2) maintain records of payments and disbursements
2-21 made under Subdivision (1);
2-22 (3) file a suit, including a suit to:
2-23 (A) establish paternity;
2-24 (B) enforce a court order for child support or
2-25 for possession of and access to a child; and
2-26 (C) modify or clarify an existing child support
2-27 order;
3-1 (4) provide an informal forum in which:
3-2 (A) mediation is used to resolve disputes in an
3-3 action under Subdivision (3); or
3-4 (B) an agreed repayment schedule for delinquent
3-5 child support is negotiated as an alternative to filing a suit to
3-6 enforce a court order for child support under Subdivision (3);
3-7 (5) prepare a court-ordered social study;
3-8 (6) represent a child as guardian ad litem in a suit
3-9 in which:
3-10 (A) termination of the parent-child relationship
3-11 is sought; or
3-12 (B) conservatorship of or access to a child is
3-13 contested;
3-14 (7) serve as a friend of the court;
3-15 (8) provide predivorce counseling ordered by a court;
3-16 (9) provide community supervision services under
3-17 Chapter 157; and
3-18 (10) provide information to assist a party in
3-19 understanding, complying with, or enforcing the party's duties and
3-20 obligations under Subdivision (3).
3-21 SECTION 5. Section 203.007, Family Code, is amended to read
3-22 as follows:
3-23 Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
3-24 relations office may obtain the records described by Subsections
3-25 (b), [and] (c), (d), and (e) that relate to a person who has:
3-26 (1) been ordered to pay child support;
3-27 (2) been designated as a possessory conservator or
4-1 managing conservator of a child;
4-2 (3) been designated to be the father of a child; or
4-3 (4) executed a statement of paternity.
4-4 (b) A domestic relations office is entitled to obtain from
4-5 the Department of Public Safety records that relate to:
4-6 (1) a person's date of birth;
4-7 (2) a person's most recent address;
4-8 (3) a person's current driver's license status;
4-9 (4) motor vehicle accidents involving a person; and
4-10 (5) reported traffic-law violations of which a person
4-11 has been convicted.
4-12 (c) A domestic relations office is entitled to obtain from
4-13 the Texas Workforce [Employment] Commission records that relate to:
4-14 (1) a person's address;
4-15 (2) a person's employment status and earnings;
4-16 (3) the name and address of a person's current or
4-17 former employer; and
4-18 (4) unemployment compensation benefits received by a
4-19 person.
4-20 (d) To the extent permitted by federal law, a domestic
4-21 relations office is entitled to obtain from the national directory
4-22 of new hires established under 42 U.S.C. Section 653(i), as
4-23 amended, records that relate to a person described by Subsection
4-24 (a), including records that relate to:
4-25 (1) the name, telephone number, and address of the
4-26 person's employer;
4-27 (2) information provided by the person on a W-4 form;
5-1 and
5-2 (3) information provided by the person's employer on a
5-3 Title IV-D form.
5-4 (e) To the extent permitted by federal law, a domestic
5-5 relations office is entitled to obtain from the state case registry
5-6 records that relate to a person described by Subsection (a),
5-7 including records that relate to:
5-8 (1) the street and mailing address and the social
5-9 security number of the person;
5-10 (2) the name, telephone number, and address of the
5-11 person's employer;
5-12 (3) the location and value of real and personal
5-13 property owned by the person; and
5-14 (4) the name and address of each financial institution
5-15 in which the person maintains an account and the account number for
5-16 each account.
5-17 (f) An agency required to provide records under this section
5-18 may charge a domestic relations office a fee for providing the
5-19 records in an amount that does not exceed the amount paid for those
5-20 records by the agency responsible for Title IV-D cases.
5-21 (g) [(e)] The Department of Public Safety, the Texas
5-22 Workforce [Employment] Commission, or the office of the secretary
5-23 of state may charge a domestic relations office a fee not to exceed
5-24 the charge paid by the Title IV-D agency for furnishing records
5-25 under this section.
5-26 (h) [(f)] Information obtained by a domestic relations
5-27 office under this section that is confidential under a
6-1 constitution, statute, judicial decision, or rule is privileged and
6-2 may be used only by that office.
6-3 (i) [(g)] A person commits an offense if the person releases
6-4 or discloses confidential information obtained under this section
6-5 without the consent of the person to whom the information relates.
6-6 An offense under this subsection is a Class C misdemeanor.
6-7 (j) [(h)] A domestic relations office is entitled to obtain
6-8 from the office of the secretary of state the following information
6-9 about a registered voter to the extent that the information is
6-10 available:
6-11 (1) complete name;
6-12 (2) current and former street and mailing address;
6-13 (3) sex;
6-14 (4) date of birth;
6-15 (5) social security number; and
6-16 (6) telephone number.
6-17 SECTION 6. Section 231.205, Family Code, is amended to read
6-18 as follows:
6-19 Sec. 231.205. REQUEST FOR APPROPRIATION; LIMITATIONS ON
6-20 LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED FEES AND COSTS. (a)
6-21 The Title IV-D agency shall submit to the legislature a request for
6-22 an appropriation of funds to cover the costs and fees incurred by a
6-23 county under this subchapter that are not reimbursed by the federal
6-24 government. The Title IV-D agency may not expend funds
6-25 appropriated for the purpose of this subsection for any other
6-26 purpose. If the Title IV-D agency fails to make a request under
6-27 this subsection, the Title IV-D agency is liable for the fees and
7-1 costs incurred by the county under this subchapter.
7-2 (b) Except as provided by Subsection (a) and Section
7-3 234.006, the [The] Title IV-D agency is liable for a fee or cost
7-4 under this subchapter only to the extent that an express, specific
7-5 appropriation is made to the agency exclusively for that purpose.
7-6 To the extent that state funds are not available, the amount of
7-7 costs and fees that are not reimbursed by the federal government
7-8 and that represent the state share shall be paid by certified
7-9 public expenditure by the county through the clerk of the court,
7-10 sheriff, or constable. This section does not prohibit the agency
7-11 from spending other funds appropriated for child support
7-12 enforcement to provide the initial expenditures necessary to
7-13 qualify for the federal share.
7-14 (c) [(b)] The Title IV-D agency is liable for the payment of
7-15 the federal share of reimbursement for fees and costs under this
7-16 subchapter only to the extent that the federal share is received,
7-17 and if an amount is paid by the agency and that amount is
7-18 disallowed by the federal government or the federal share is not
7-19 otherwise received, the clerk of the court, sheriff, or constable
7-20 to whom the payment was made shall return the amount to the agency
7-21 not later than the 30th day after the date on which notice is given
7-22 by the agency.
7-23 SECTION 7. Section 231.303(d), Family Code, is amended to
7-24 read as follows:
7-25 (d) An individual or organization may not be liable in a
7-26 civil action or proceeding for disclosing financial or other
7-27 information to a Title IV-D agency under this section. The Title
8-1 IV-D agency may disclose information in a financial record obtained
8-2 from a financial institution only to the extent necessary:
8-3 (1) to establish, modify, or enforce a child support
8-4 obligation; or
8-5 (2) to comply with Section 233.001.
8-6 SECTION 8. Section 233.001, Family Code, as added by Chapter
8-7 420, Acts of the 75th Legislature, Regular Session, 1997, is
8-8 amended to read as follows:
8-9 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
8-10 registry shall provide information under this chapter on the
8-11 written request of a custodial parent, domestic relations office,
8-12 or friend of the court regarding a case that [whose case]:
8-13 (1) is included in the state case registry established
8-14 under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
8-15 agency is not providing enforcement services; or
8-16 (2) would otherwise not be required to be included in
8-17 the state case registry under 42 U.S.C. Section 654a but for which
8-18 an application has been made [who has applied] for inclusion under
8-19 Section 233.002.
8-20 (b) The state case registry shall provide to a custodial
8-21 parent under Subsection (a) who makes a request for information or
8-22 to an attorney or [, friend of the court,] guardian ad litem[, or
8-23 domestic relations office] designated by the parent any information
8-24 in the registry concerning the parent's case, including:
8-25 (1) the noncustodial parent's address, social security
8-26 number, and employer's name and address;
8-27 (2) the amount and location of real and personal
9-1 property owned by the noncustodial parent;
9-2 (3) the name and address of financial institutions in
9-3 which the noncustodial parent has an account and each account
9-4 number; and
9-5 (4) any other information the disclosure of which is
9-6 not specifically prohibited by federal law.
9-7 (c) To the extent permitted by federal law, the state case
9-8 registry shall provide the information described by Subsection (b)
9-9 to a domestic relations office or friend of the court that makes a
9-10 request for information under Subsection (a).
9-11 SECTION 9. Section 233.003, Family Code, as added by Chapter
9-12 420, Acts of the 75th Legislature, Regular Session, 1997, is
9-13 amended to read as follows:
9-14 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
9-15 Title IV-D agency may not require an application for services as a
9-16 condition for:
9-17 (1) releasing information under Section 233.001 [to a
9-18 custodial parent or to the person designated by the parent]; or
9-19 (2) including a case in the state case registry under
9-20 Section 233.002.
9-21 SECTION 10. Subchapter A, Chapter 234, Family Code, as added
9-22 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
9-23 Session, 1997, is amended by amending Section 234.001 and adding
9-24 Sections 234.006 and 234.007 to read as follows:
9-25 Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED
9-26 REGISTRY AND DISBURSEMENT UNIT. The Title IV-D agency shall
9-27 establish and operate a unified state case registry and state
10-1 disbursement unit meeting the requirements of 42 U.S.C. Sections
10-2 654a(e) and 654b. The registry and unit shall:
10-3 (1) maintain records of child support orders in Title
10-4 IV-D cases and in other cases in which a child support order has
10-5 been established or modified in this state on or after October 1,
10-6 1998;
10-7 (2) receive, maintain, and furnish records of child
10-8 support payments in Title IV-D cases and other cases as required by
10-9 law;
10-10 (3) in a Title IV-D case, monitor support payments and
10-11 initiate appropriate enforcement actions immediately on the
10-12 occurrence of a delinquency in payment;
10-13 (4) distribute child support payments as required by
10-14 law; [and]
10-15 (5) maintain custody of official child support payment
10-16 records in the registry and disbursement unit; and
10-17 (6) transfer to a local registry each day in a medium
10-18 acceptable to the county the following information:
10-19 (A) the cause number;
10-20 (B) the payor's name and social security number;
10-21 (C) the payee's name;
10-22 (D) the date the disbursement unit received the
10-23 payment;
10-24 (E) the amount of the payment;
10-25 (F) the instrument identification information;
10-26 and
10-27 (G) the date the payment was withheld.
11-1 Sec. 234.006. RETURN OF PAYMENTS. Within two working days
11-2 after the date the state disbursement unit receives a child support
11-3 payment, the state disbursement unit shall:
11-4 (1) distribute the payment to the Title IV-D agency or
11-5 the obligee; or
11-6 (2) return the payment to the payor if the state
11-7 disbursement unit does not process child support payments for the
11-8 case.
11-9 Sec. 234.007. COSTS AND FEES. (a) The Title IV-D agency is
11-10 liable for the costs incurred in establishing and operating the
11-11 unified state case registry and disbursement unit.
11-12 (b) The Title IV-D agency shall reimburse a county for an
11-13 expense incurred by the county related to establishing or operating
11-14 the unified state case registry and disbursement unit.
11-15 (c) The Title IV-D agency may not charge a county a fee for
11-16 obtaining information from the unified state case registry and
11-17 disbursement unit.
11-18 SECTION 11. This Act takes effect September 1, 1999, and
11-19 applies only to child support withheld on or after that date.
11-20 Child support withheld before the effective date of this Act is
11-21 governed by the law in effect on the date the child support was
11-22 withheld, and the former law is continued in effect for that
11-23 purpose.
11-24 SECTION 12. The importance of this legislation and the
11-25 crowded condition of the calendars in both houses create an
11-26 emergency and an imperative public necessity that the
11-27 constitutional rule requiring bills to be read on three several
12-1 days in each house be suspended, and this rule is hereby suspended.