1-1 By: Grusendorf (Senate Sponsor - Harris) H.B. No. 1884
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 14, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Harris
1-7 Amend H.B. No. 1884 as follows:
1-8 Strike all of Section 1 of the bill; strike all of Section 4 of the
1-9 bill; strike all of Section 8 of the bill; and strike all of
1-10 Section 10 of the bill; then renumber sections accordingly.
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to the collection and enforcement of child support.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 158.203(b), Family Code, is amended to
1-16 read as follows:
1-17 (b) The employer shall include with each payment
1-18 transmitted:
1-19 (1) the number assigned by the Title IV-D agency, if
1-20 available, the county identification number, if available, and [or]
1-21 the cause number of the suit under which withholding is required;
1-22 (2) the payor's name and social security number; and
1-23 (3) the payee's name and, if available, social
1-24 security number, unless the payment is transmitted by electronic
1-25 funds transfer.
1-26 SECTION 2. Section 158.204, Family Code, is amended to read
1-27 as follows:
1-28 Sec. 158.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An
1-29 employer may deduct an administrative fee of not more than $10 [$5]
1-30 each month from the obligor's disposable earnings in addition to
1-31 the amount to be withheld as child support.
1-32 SECTION 3. Section 158.206(b), Family Code, is amended to
1-33 read as follows:
1-34 (b) An employer receiving an order or writ of withholding
1-35 who does not comply with the order or writ is liable:
1-36 (1) to the obligee for the amount not paid in
1-37 compliance with the order or writ, including the amount the obligor
1-38 is required to pay for health insurance under Chapter 154;
1-39 (2) to the obligor for:
1-40 (A) the amount withheld and not remitted on each
1-41 pay date to the person or office named in the order or writ; and
1-42 (B) an amount equal to the interest that accrues
1-43 under Section 157.265 on the amount withheld and not paid; and
1-44 (3) for reasonable attorney's fees and court costs.
1-45 SECTION 4. Subchapter C, Chapter 158, Family Code, is
1-46 amended by adding Section 158.212 to read as follows:
1-47 Sec. 158.212. IMPROPER PAYMENT. If an employer remits a
1-48 payment to an incorrect office or person, the employer shall remit
1-49 the payment to the agency or person identified in the order of
1-50 withholding within two working days after the date the employer
1-51 receives the returned payment.
1-52 SECTION 5. Section 203.004(a), Family Code, is amended to
1-53 read as follows:
1-54 (a) A domestic relations office may:
1-55 (1) collect and disburse child support payments that
1-56 are ordered by a court to be paid through a domestic relations
1-57 registry;
1-58 (2) maintain records of payments and disbursements
1-59 made under Subdivision (1);
1-60 (3) file a suit, including a suit to:
1-61 (A) establish paternity;
1-62 (B) enforce a court order for child support or
1-63 for possession of and access to a child; and
2-1 (C) modify or clarify an existing child support
2-2 order;
2-3 (4) provide an informal forum in which:
2-4 (A) mediation is used to resolve disputes in an
2-5 action under Subdivision (3); or
2-6 (B) an agreed repayment schedule for delinquent
2-7 child support is negotiated as an alternative to filing a suit to
2-8 enforce a court order for child support under Subdivision (3);
2-9 (5) prepare a court-ordered social study;
2-10 (6) represent a child as guardian ad litem in a suit
2-11 in which:
2-12 (A) termination of the parent-child relationship
2-13 is sought; or
2-14 (B) conservatorship of or access to a child is
2-15 contested;
2-16 (7) serve as a friend of the court;
2-17 (8) provide predivorce counseling ordered by a court;
2-18 (9) provide community supervision services under
2-19 Chapter 157; and
2-20 (10) provide information to assist a party in
2-21 understanding, complying with, or enforcing the party's duties and
2-22 obligations under Subdivision (3).
2-23 SECTION 6. Section 203.007, Family Code, is amended to read
2-24 as follows:
2-25 Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
2-26 relations office may obtain the records described by Subsections
2-27 (b), [and] (c), (d), and (e) that relate to a person who has:
2-28 (1) been ordered to pay child support;
2-29 (2) been designated as a possessory conservator or
2-30 managing conservator of a child;
2-31 (3) been designated to be the father of a child; or
2-32 (4) executed a statement of paternity.
2-33 (b) A domestic relations office is entitled to obtain from
2-34 the Department of Public Safety records that relate to:
2-35 (1) a person's date of birth;
2-36 (2) a person's most recent address;
2-37 (3) a person's current driver's license status;
2-38 (4) motor vehicle accidents involving a person; and
2-39 (5) reported traffic-law violations of which a person
2-40 has been convicted.
2-41 (c) A domestic relations office is entitled to obtain from
2-42 the Texas Workforce [Employment] Commission records that relate to:
2-43 (1) a person's address;
2-44 (2) a person's employment status and earnings;
2-45 (3) the name and address of a person's current or
2-46 former employer; and
2-47 (4) unemployment compensation benefits received by a
2-48 person.
2-49 (d) To the extent permitted by federal law, a domestic
2-50 relations office is entitled to obtain from the national directory
2-51 of new hires established under 42 U.S.C. Section 653(i), as
2-52 amended, records that relate to a person described by Subsection
2-53 (a), including records that relate to:
2-54 (1) the name, telephone number, and address of the
2-55 person's employer;
2-56 (2) information provided by the person on a W-4 form;
2-57 and
2-58 (3) information provided by the person's employer on a
2-59 Title IV-D form.
2-60 (e) To the extent permitted by federal law, a domestic
2-61 relations office is entitled to obtain from the state case registry
2-62 records that relate to a person described by Subsection (a),
2-63 including records that relate to:
2-64 (1) the street and mailing address and the social
2-65 security number of the person;
2-66 (2) the name, telephone number, and address of the
2-67 person's employer;
2-68 (3) the location and value of real and personal
2-69 property owned by the person; and
3-1 (4) the name and address of each financial institution
3-2 in which the person maintains an account and the account number for
3-3 each account.
3-4 (f) An agency required to provide records under this section
3-5 may charge a domestic relations office a fee for providing the
3-6 records in an amount that does not exceed the amount paid for those
3-7 records by the agency responsible for Title IV-D cases.
3-8 (g) [(e)] The Department of Public Safety, the Texas
3-9 Workforce [Employment] Commission, or the office of the secretary
3-10 of state may charge a domestic relations office a fee not to exceed
3-11 the charge paid by the Title IV-D agency for furnishing records
3-12 under this section.
3-13 (h) [(f)] Information obtained by a domestic relations
3-14 office under this section that is confidential under a
3-15 constitution, statute, judicial decision, or rule is privileged and
3-16 may be used only by that office.
3-17 (i) [(g)] A person commits an offense if the person releases
3-18 or discloses confidential information obtained under this section
3-19 without the consent of the person to whom the information relates.
3-20 An offense under this subsection is a Class C misdemeanor.
3-21 (j) [(h)] A domestic relations office is entitled to obtain
3-22 from the office of the secretary of state the following information
3-23 about a registered voter to the extent that the information is
3-24 available:
3-25 (1) complete name;
3-26 (2) current and former street and mailing address;
3-27 (3) sex;
3-28 (4) date of birth;
3-29 (5) social security number; and
3-30 (6) telephone number.
3-31 SECTION 7. Section 231.303(d), Family Code, is amended to
3-32 read as follows:
3-33 (d) An individual or organization may not be liable in a
3-34 civil action or proceeding for disclosing financial or other
3-35 information to a Title IV-D agency under this section. The Title
3-36 IV-D agency may disclose information in a financial record obtained
3-37 from a financial institution only to the extent necessary:
3-38 (1) to establish, modify, or enforce a child support
3-39 obligation; or
3-40 (2) to comply with Section 233.001, as added by
3-41 Chapter 420, Acts of the 75th Legislature, Regular Session, 1997.
3-42 SECTION 8. Section 233.001, Family Code, as added by Chapter
3-43 420, Acts of the 75th Legislature, Regular Session, 1997, is
3-44 amended to read as follows:
3-45 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
3-46 registry shall provide information under this chapter on the
3-47 written request of a custodial parent, domestic relations office,
3-48 or friend of the court regarding a case that [whose case]:
3-49 (1) is included in the state case registry established
3-50 under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
3-51 agency is not providing enforcement services; or
3-52 (2) would otherwise not be required to be included in
3-53 the state case registry under 42 U.S.C. Section 654a but for which
3-54 an application has been made [who has applied] for inclusion under
3-55 Section 233.002.
3-56 (b) The state case registry shall provide to a custodial
3-57 parent under Subsection (a) who makes a request for information or
3-58 to an attorney or [, friend of the court,] guardian ad litem[, or
3-59 domestic relations office] designated by the parent any information
3-60 in the registry concerning the parent's case, including:
3-61 (1) the noncustodial parent's address, social security
3-62 number, and employer's name and address;
3-63 (2) the amount and location of real and personal
3-64 property owned by the noncustodial parent;
3-65 (3) the name and address of financial institutions in
3-66 which the noncustodial parent has an account and each account
3-67 number; and
3-68 (4) any other information the disclosure of which is
3-69 not specifically prohibited by federal law.
4-1 (c) To the extent permitted by federal law, the state case
4-2 registry shall provide the information described by Subsection (b)
4-3 to a domestic relations office or friend of the court that makes a
4-4 request for information under Subsection (a).
4-5 SECTION 9. Section 233.003, Family Code, as added by Chapter
4-6 420, Acts of the 75th Legislature, Regular Session, 1997, is
4-7 amended to read as follows:
4-8 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
4-9 Title IV-D agency may not require an application for services as a
4-10 condition for:
4-11 (1) releasing information under Section 233.001 [to a
4-12 custodial parent or to the person designated by the parent]; or
4-13 (2) including a case in the state case registry under
4-14 Section 233.002.
4-15 SECTION 10. Subchapter A, Chapter 234, Family Code, as added
4-16 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
4-17 Session, 1997, is amended by amending Section 234.001 and adding
4-18 Section 234.006 to read as follows:
4-19 Sec. 234.001. ESTABLISHMENT AND OPERATION OF [UNIFIED]
4-20 REGISTRY AND DISBURSEMENT UNIT. (a) The Title IV-D agency shall
4-21 establish and operate a [unified] state case registry and state
4-22 disbursement unit meeting the requirements of 42 U.S.C. Sections
4-23 654a(e) and 654b.
4-24 (b) The state case registry [and unit] shall[:]
4-25 [(1)] maintain records of child support orders in
4-26 Title IV-D cases and in other cases in which a child support order
4-27 has been established or modified in this state on or after October
4-28 1, 1998.
4-29 (c) The state disbursement unit shall:
4-30 (1) [; (2)] receive, maintain, and furnish records of
4-31 child support payments in Title IV-D cases and other cases as
4-32 required by law[;]
4-33 [(3) in a Title IV-D case, monitor support payments
4-34 and initiate appropriate enforcement actions immediately on the
4-35 occurrence of a delinquency in payment];
4-36 (2) forward [(4) distribute] child support payments
4-37 as required by law;
4-38 (3) [and (5)] maintain [custody of official] child
4-39 support payment records made through the state [in the registry
4-40 and] disbursement unit; and
4-41 (4) make available to a local registry each day in a
4-42 manner prescribed by the work group under Section 234.003 the
4-43 following information:
4-44 (A) the cause number of the suit under which
4-45 withholding is required;
4-46 (B) the payor's name and social security number;
4-47 (C) the payee's name and, if available, social
4-48 security number;
4-49 (D) the date the disbursement unit received the
4-50 payment;
4-51 (E) the amount of the payment; and
4-52 (F) the instrument identification information.
4-53 Sec. 234.006. RETURN OF PAYMENTS. Not later than the second
4-54 working day after the date the state disbursement unit receives a
4-55 child support payment, the state disbursement unit shall:
4-56 (1) distribute the payment to the Title IV-D agency or
4-57 the obligee; or
4-58 (2) not later than the fifth working day, return the
4-59 payment to the person who remitted the payment if the state
4-60 disbursement unit:
4-61 (A) does not process child support payments for
4-62 the case for which the payment is made; or
4-63 (B) has insufficient information to identify the
4-64 case for which the payment is made.
4-65 SECTION 11. This Act takes effect September 1, 1999, and
4-66 applies only to child support withheld on or after that date.
4-67 Child support withheld before the effective date of this Act is
4-68 governed by the law in effect on the date the child support was
4-69 withheld, and the former law is continued in effect for that
5-1 purpose.
5-2 SECTION 12. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.
5-7 * * * * *