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.