1-1     By:  Goodman, Naishtat (Senate Sponsor - Harris)      H.B. No. 2354
 1-2           (In the Senate - Received from the House April 28, 1999;
 1-3     April 29, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the liability of the Title IV-D agency for certain
 1-9     costs incurred in providing child support services.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 231.205, Family Code, is amended to read
1-12     as follows:
1-13           Sec. 231.205.  LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL
1-14     FOR AUTHORIZED FEES AND COSTS.  [(a)  The Title IV-D agency is
1-15     liable for a fee or cost under this subchapter only to the extent
1-16     that an express, specific appropriation is made to the agency
1-17     exclusively for that purpose.  To the extent that state funds are
1-18     not available, the amount of costs and fees that are not reimbursed
1-19     by the federal government and that represent the state share shall
1-20     be paid by certified public expenditure by the county through the
1-21     clerk of the court, sheriff, or constable.  This section does not
1-22     prohibit the agency from spending other funds appropriated for
1-23     child support enforcement to provide the initial expenditures
1-24     necessary to qualify for the federal share.]
1-25           [(b)]  The Title IV-D agency is liable for the payment of the
1-26     federal share of reimbursement for fees and costs under this
1-27     subchapter only to the extent that the federal share is received,
1-28     and if an amount is paid by the agency and that amount is
1-29     disallowed by the federal government or the federal share is not
1-30     otherwise received, the clerk of the court, sheriff, or constable
1-31     to whom the payment was made shall return the amount to the agency
1-32     not later than the 30th day after the date on which notice is given
1-33     by the agency.  If an amount is disallowed by the federal
1-34     government or the federal share is not otherwise received, the
1-35     Title IV-D agency shall be liable for the amount of costs and fees
1-36     that represent the state share.
1-37           SECTION 2.  Subchapter A, Chapter 234, Family Code, as added
1-38     by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
1-39     Session, 1997, is amended by adding Section 234.006 to read as
1-40     follows:
1-41           Sec. 234.006.  LIABILITY OF ATTORNEY GENERAL FOR COSTS AND
1-42     FEES.  (a)  The Title IV-D agency is liable for the costs incurred
1-43     in establishing and operating the state case registry and state
1-44     disbursement unit.
1-45           (b)  The Title IV-D agency shall reimburse a county for the
1-46     expenses incurred by the county in the initial gathering of data
1-47     regarding court orders necessary to establish the records under
1-48     Section 234.001.
1-49           (c)  The Title IV-D agency shall provide to a local registry:
1-50                 (1)  the computer hardware and software necessary for
1-51     the operation of the state disbursement unit; and
1-52                 (2)  the computer connectivity necessary for the
1-53     registry's access to the payment identification database and
1-54     receipt and disbursement system in the state disbursement unit,
1-55     including, if necessary, access to the Internet or other means to
1-56     access the database.
1-57           (d)  The Title IV-D agency may not charge a county a fee for
1-58     obtaining information from the state case registry and state
1-59     disbursement unit.
1-60           SECTION 3.  This Act takes effect September 1, 1999, and
1-61     applies only to a cost incurred on or after that date.  A cost
1-62     incurred before the effective date of this Act is governed by the
1-63     law in effect on the date the cost was incurred, and the former law
1-64     is continued in effect for that purpose.
 2-1           SECTION 4.  The importance of this legislation and the
 2-2     crowded condition of the calendars in both houses create an
 2-3     emergency and an imperative public necessity that the
 2-4     constitutional rule requiring bills to be read on three several
 2-5     days in each house be suspended, and this rule is hereby suspended.
 2-6                                  * * * * *