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 * * * * *