1-1 AN ACT
1-2 relating to the liability of the Title IV-D agency for certain
1-3 costs incurred in providing child support services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 231.205, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 231.205. LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL
1-8 FOR AUTHORIZED FEES AND COSTS. [(a) The Title IV-D agency is
1-9 liable for a fee or cost under this subchapter only to the extent
1-10 that an express, specific appropriation is made to the agency
1-11 exclusively for that purpose. To the extent that state funds are
1-12 not available, the amount of costs and fees that are not reimbursed
1-13 by the federal government and that represent the state share shall
1-14 be paid by certified public expenditure by the county through the
1-15 clerk of the court, sheriff, or constable. This section does not
1-16 prohibit the agency from spending other funds appropriated for
1-17 child support enforcement to provide the initial expenditures
1-18 necessary to qualify for the federal share.]
1-19 [(b)] The Title IV-D agency is liable for the payment of the
1-20 federal share of reimbursement for fees and costs under this
1-21 subchapter only to the extent that the federal share is received,
1-22 and if an amount is paid by the agency and that amount is
1-23 disallowed by the federal government or the federal share is not
1-24 otherwise received, the clerk of the court, sheriff, or constable
2-1 to whom the payment was made shall return the amount to the agency
2-2 not later than the 30th day after the date on which notice is given
2-3 by the agency. If an amount is disallowed by the federal
2-4 government or the federal share is not otherwise received, the
2-5 Title IV-D agency shall be liable for the amount of costs and fees
2-6 that represent the state share.
2-7 SECTION 2. Subchapter A, Chapter 234, Family Code, as added
2-8 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
2-9 Session, 1997, is amended by adding Section 234.006 to read as
2-10 follows:
2-11 Sec. 234.006. LIABILITY OF ATTORNEY GENERAL FOR COSTS AND
2-12 FEES. (a) The Title IV-D agency is liable for the costs incurred
2-13 in establishing and operating the state case registry and state
2-14 disbursement unit.
2-15 (b) The Title IV-D agency shall reimburse a county for the
2-16 expenses incurred by the county in the initial gathering of data
2-17 regarding court orders necessary to establish the records under
2-18 Section 234.001.
2-19 (c) The Title IV-D agency shall provide to a local registry:
2-20 (1) the computer hardware and software necessary for
2-21 the operation of the state disbursement unit; and
2-22 (2) the computer connectivity necessary for the
2-23 registry's access to the payment identification database and
2-24 receipt and disbursement system in the state disbursement unit,
2-25 including, if necessary, access to the Internet or other means to
2-26 access the database.
2-27 (d) The Title IV-D agency may not charge a county a fee for
3-1 obtaining information from the state case registry and state
3-2 disbursement unit.
3-3 SECTION 3. This Act takes effect September 1, 1999, and
3-4 applies only to a cost incurred on or after that date. A cost
3-5 incurred before the effective date of this Act is governed by the
3-6 law in effect on the date the cost was incurred, and the former law
3-7 is continued in effect for that purpose.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2354 was passed by the House on April
27, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2354 was passed by the Senate on May
17, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor