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