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.