By Goodman H.B. No. 2354
76R4691 MCK-D
A BILL TO BE ENTITLED
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. REQUEST FOR APPROPRIATION; LIMITATIONS ON
1-8 LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED FEES AND COSTS. (a)
1-9 The Title IV-D agency shall submit to the legislature a request for
1-10 an appropriation of funds to cover the costs and fees incurred by a
1-11 county under this subchapter that are not reimbursed by the federal
1-12 government. The Title IV-D agency may not expend funds
1-13 appropriated for the purpose of this subsection for any other
1-14 purpose. If the Title IV-D agency fails to make a request under
1-15 this subsection, the Title IV-D agency is liable for the fees and
1-16 costs incurred by the county under this subchapter.
1-17 (b) Except as provided by Subsection (a) and Section
1-18 234.006, the [The] Title IV-D agency is liable for a fee or cost
1-19 under this subchapter only to the extent that an express, specific
1-20 appropriation is made to the agency exclusively for that purpose.
1-21 To the extent that state funds are not available, the amount of
1-22 costs and fees that are not reimbursed by the federal government
1-23 and that represent the state share shall be paid by certified
1-24 public expenditure by the county through the clerk of the court,
2-1 sheriff, or constable. This section does not prohibit the agency
2-2 from spending other funds appropriated for child support
2-3 enforcement to provide the initial expenditures necessary to
2-4 qualify for the federal share.
2-5 (c) [(b)] The Title IV-D agency is liable for the payment of
2-6 the federal share of reimbursement for fees and costs under this
2-7 subchapter only to the extent that the federal share is received,
2-8 and if an amount is paid by the agency and that amount is
2-9 disallowed by the federal government or the federal share is not
2-10 otherwise received, the clerk of the court, sheriff, or constable
2-11 to whom the payment was made shall return the amount to the agency
2-12 not later than the 30th day after the date on which notice is given
2-13 by the agency.
2-14 SECTION 2. Subchapter A, Chapter 234, Family Code, as added
2-15 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
2-16 Session, 1997, is amended by adding Section 234.006 to read as
2-17 follows:
2-18 Sec. 234.006. LIABILITY OF ATTORNEY GENERAL FOR COSTS AND
2-19 FEES. (a) The Title IV-D agency is liable for the costs incurred
2-20 in establishing and operating the unified state case registry and
2-21 disbursement unit.
2-22 (b) The Title IV-D agency shall reimburse a county for an
2-23 expense incurred by the county related to establishing or operating
2-24 the unified state case registry and disbursement unit.
2-25 (c) The Title IV-D agency may not charge a county a fee for
2-26 obtaining information from the unified state case registry and
2-27 disbursement unit.
3-1 SECTION 3. This Act takes effect September 1, 1999, and
3-2 applies only to a cost incurred on or after that date. A cost
3-3 incurred before the effective date of this Act is governed by the
3-4 law in effect on the date the cost was incurred, and the former law
3-5 is continued in effect for that purpose.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.