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                                  * * * * *