1-1                                   AN ACT
 1-2     relating to the enforcement and collection of child support.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  The subchapter heading to Subchapter B, Chapter
 1-5     201, Family Code, is amended to read as follows:
 1-6            SUBCHAPTER B.  CHILD SUPPORT MASTER AND COURT MONITOR
 1-7           SECTION 2.  Section 201.106, Family Code, is amended to read
 1-8     as follows:
 1-9           Sec. 201.106.  CHILD SUPPORT COURT MONITOR AND OTHER
1-10     PERSONNEL.  (a)  The presiding judge of an administrative judicial
1-11     region or the presiding judges of the administrative judicial
1-12     regions, by majority vote, may appoint other personnel, including a
1-13     child support court monitor for each master appointed under this
1-14     subchapter, as needed to implement and administer the provisions of
1-15     this subchapter.
1-16           (b)  The salary of the personnel and court monitors shall be
1-17     paid from the county fund available for payment of officers'
1-18     salaries or from funds available from the state and federal
1-19     government as provided by Section 201.107.
1-20           SECTION 3.  Subchapter B, Chapter 201, Family Code, is
1-21     amended by adding Section 201.1065 to read as follows:
1-22           Sec. 201.1065.  DUTIES OF CHILD SUPPORT COURT MONITOR.  (a)
1-23     A child support court monitor appointed under Section 201.106 shall
1-24     monitor child support cases in which the obligor is placed on
 2-1     probation for failure to comply with the requirements of a child
 2-2     support order.
 2-3           (b)  In monitoring a child support case, a court monitor
 2-4     shall:
 2-5                 (1)  conduct an intake assessment of the needs of an
 2-6     obligor that, if addressed, would enable the obligor to comply with
 2-7     a child support order;
 2-8                 (2)  refer an obligor to employment services offered by
 2-9     the employment assistance program under Section 302.0035, Labor
2-10     Code, if appropriate;
2-11                 (3)  provide mediation services or referrals to
2-12     services, if appropriate;
2-13                 (4)  schedule periodic contacts with an obligor to
2-14     assess compliance with the child support order and whether
2-15     additional support services are required; and
2-16                 (5)  monitor the amount and timeliness of child support
2-17     payments owed and paid by an obligor.
2-18           SECTION 4.  Sections 201.107(a) and (b), Family Code, are
2-19     amended to read as follows:
2-20           (a)  The office of court administration may contract with the
2-21     Title IV-D agency for available state and federal funds under Title
2-22     IV-D and may employ personnel needed to implement and administer
2-23     this subchapter.  A master, a court monitor for each master, and
2-24     other personnel appointed under this subchapter [subsection] are
2-25     state employees for all purposes, including accrual of leave time,
2-26     insurance benefits, retirement benefits, and travel regulations.
2-27           (b)  The presiding judges of the administrative judicial
 3-1     regions, state agencies, and counties may contract with the Title
 3-2     IV-D agency for available federal funds under Title IV-D to
 3-3     reimburse costs and salaries associated with masters, court
 3-4     monitors, and personnel appointed under this section and may also
 3-5     use available state funds  and public or private grants.
 3-6           SECTION 5.  Section 231.115, Family Code, as added by Chapter
 3-7     165, Acts of the 75th Legislature, Regular Session, 1997, is
 3-8     amended to read as follows:
 3-9           Sec. 231.115.  UNEMPLOYED AND UNDEREMPLOYED OBLIGORS
3-10     [NONCUSTODIAL PARENTS].  (a)  The Title IV-D agency shall refer to
3-11     appropriate state and local entities that provide employment
3-12     services [assist unemployed noncustodial parents in gaining
3-13     employment] any unemployed  or underemployed obligor [noncustodial
3-14     parent] who is in arrears in court-ordered child support payments
3-15     [to a child who:]
3-16                 [(1)  receives financial assistance under Chapter 31,
3-17     Human Resources Code; or]
3-18                 [(2)  is otherwise eligible to receive financial
3-19     assistance under Chapter 31, Human Resources Code, and for whom the
3-20     Department of Protective and Regulatory Services is providing
3-21     substitute care].
3-22           (b)  A referral under Subsection (a)  may include:
3-23                 (1)  skills training and job placement through:
3-24                       (A)  the Texas Workforce Commission; or
3-25                       (B)  the agency responsible for the food stamp
3-26     employment and training program (7 U.S.C. Section 2015(d));
3-27                 (2)  referrals to education and literacy classes; and
 4-1                 (3)  counseling regarding:
 4-2                       (A)  substance abuse;
 4-3                       (B)  parenting skills;
 4-4                       (C)  life skills; and
 4-5                       (D)  mediation techniques.
 4-6           (c)  The Title IV-D agency may require an unemployed or
 4-7     underemployed obligor [noncustodial parent] to complete the
 4-8     training, classes, or counseling to which the obligor [parent] is
 4-9     referred [to] under this section.  The agency shall suspend under
4-10     Chapter 232 the license of an obligor [a parent] who fails to
4-11     comply with the requirements of this subsection.
4-12           SECTION 6.  Subchapter A, Chapter 234, Family Code, as added
4-13     by Chapter 911, Acts of the 75th Legislature, Regular Session,
4-14     1997, is amended by adding Sections 234.006 and 234.007 to read as
4-15     follows:
4-16           Sec. 234.006.  DIRECT DEPOSIT OF CHILD SUPPORT PAYMENTS.
4-17     (a)  The state disbursement unit authorized under this chapter may
4-18     transmit a child support payment to an obligee by electronic funds
4-19     transfer if the obligee maintains an account with a financial
4-20     institution.
4-21           (b)  The work group convened under this subchapter may
4-22     develop a plan to assist an obligee who does not have an account
4-23     with a financial institution to obtain an account.
4-24           (c)  The work group may determine whether it is feasible and
4-25     cost-effective for the state to administer an electronic benefits
4-26     transfer system for child support obligees and may recommend
4-27     implementation of such a system to the Title IV-D agency.
 5-1           (d)  After receiving any recommendations by the work group
 5-2     under Subsection (c), the Title IV-D agency or the vendor selected
 5-3     by the Title IV-D agency to operate the state disbursement unit may
 5-4     provide for electronic benefits transfer, if the request for
 5-5     proposals issued by the Title IV-D agency and any contract
 5-6     resulting from the selection of a vendor to provide the services
 5-7     specified in the request for proposals provides for electronic
 5-8     benefits transfer.
 5-9           (e)  The work group may recommend and the Title IV-D agency
5-10     may establish procedures to implement this section.
5-11           (f)  The Title IV-D agency, after receiving the
5-12     recommendation of the work group, may require an obligee to receive
5-13     payments by direct deposit to the obligee's bank account or by
5-14     electronic benefits transfer to an account established by the Title
5-15     IV-D agency or the state disbursement unit if the account is
5-16     established at no cost to the obligee.
5-17           Sec. 234.007.  USE OF ELECTRONIC BENEFITS TRANSFER FOR CHILD
5-18     SUPPORT PAYMENTS.  The Title IV-D agency, in coordination with the
5-19     Texas Department of Human Services and the comptroller of public
5-20     accounts, shall study the use of an existing electronic benefits
5-21     transfer system to determine the advisability of and method for
5-22     implementation of a debit card child support system.  If it is
5-23     determined that such a system is feasible and cost-effective, these
5-24     agencies shall begin implementation of such a system.  These
5-25     agencies must report their findings and progress to the legislature
5-26     by December 1, 2000.
5-27           SECTION 7.  Subchapter A, Chapter 302, Labor Code, is amended
 6-1     by adding Section 302.0035 to read as follows:
 6-2           Sec. 302.0035.  EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
 6-3     PARENTS.  The commission shall provide employment assistance
 6-4     services, including  skills training, job placement, and
 6-5     employment-related services, to a person referred to the commission
 6-6     by the Title IV-D agency under Chapter 231, Family Code.
 6-7           SECTION 8.  (a)  The Title IV-D agency, the Texas Workforce
 6-8     Commission, and the office of court administration shall conduct a
 6-9     study to determine the effectiveness of referring child support
6-10     obligors to the employment assistance program under Section
6-11     302.0035, Labor Code, as added by this Act, in increasing child
6-12     support collections from obligors who are referred.
6-13           (b)  The Title IV-D agency, the Texas Workforce Commission,
6-14     and the office of court administration shall submit a joint report
6-15     regarding the results of the study not later than January 31, 2001,
6-16     to the 77th Legislature at its regular session.
6-17           SECTION 9.  (a)  Subject to the availability of funds, the
6-18     Title IV-D agency may contract with the office of court
6-19     administration to provide  state and federal funds under Part D,
6-20     Title IV of the federal Social Security Act (42 U.S.C. Section 651
6-21     et seq.), to establish 36 child support court monitor positions
6-22     under Section 201.106, Family Code, as amended by this Act, during
6-23     the fiscal year beginning September 1, 1999.
6-24           (b)  To provide child support court monitors under Section
6-25     201.106, Family Code, as amended by this Act, the office of court
6-26     administration may:
6-27                 (1)  contract with counties to provide employees to
 7-1     serve as court monitors; or
 7-2                 (2)  hire additional personnel to serve as court
 7-3     monitors.
 7-4           SECTION 10.  The office of court administration, in
 7-5     collaboration with the Title IV-D agency, shall develop and
 7-6     implement:
 7-7                 (1)  a plan to conduct a pilot of the use of the court
 7-8     monitors, in one or more locations;
 7-9                 (2)  guidelines for the duties of a child support court
7-10     monitor under Section 201.1065, Family Code, as added by this Act;
7-11     and
7-12                 (3)  a procedure to evaluate the rate of success of
7-13     child support court monitors in increasing obligors' compliance
7-14     with child support obligations in cases that are monitored.
7-15           SECTION 11.  This Act takes effect September 1, 1999.
7-16           SECTION 12.  The importance of this legislation and the
7-17     crowded condition of the calendars in both houses create an
7-18     emergency and an imperative public necessity that the
7-19     constitutional rule requiring bills to be read on three several
7-20     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. 3272 was passed by the House on May
         11, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3272 on May 26, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3272 was passed by the Senate, with
         amendments, on May 24, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor