By Goodman                                            H.B. No. 3272
         76R7410 KLA-D                           
                                A BILL TO BE ENTITLED
 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 302, Labor Code, is amended
4-13     by adding Section 302.0035 to read as follows:
4-14           Sec. 302.0035.  EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
4-15     PARENTS.  The commission shall provide employment assistance
4-16     services, including  skills training, job placement, and
4-17     employment-related services, to a person referred to the commission
4-18     by the Title IV-D agency under Chapter 231, Family Code.
4-19           SECTION 7.  (a)  The Title IV-D agency, in cooperation with
4-20     the Texas Workforce Commission, shall conduct a study to determine
4-21     the effectiveness of referring child support obligors to the
4-22     employment assistance program under Section 302.0035, Labor Code,
4-23     as added by this Act, in increasing child support collections from
4-24     obligors who are referred.
4-25           (b)  The Title IV-D agency shall report the results of the
4-26     study not later than January 31, 2001, to the 77th Legislature at
4-27     its regular session.
 5-1           SECTION 8.  (a)  The Title IV-D agency shall contract with
 5-2     the office of court administration to provide  state and federal
 5-3     funds under Part D, Title IV of the federal Social Security Act (42
 5-4     U.S.C. Section 651 et seq.), to establish 36 child support court
 5-5     monitor positions under Section 201.106, Family Code, as amended by
 5-6     this Act, during the fiscal year beginning September 1, 1999.
 5-7           (b)  To provide child support court monitors under Section
 5-8     201.106, Family Code, as amended by this Act, the office of court
 5-9     administration may:
5-10                 (1)  contract with counties to provide employees to
5-11     serve as court monitors; or
5-12                 (2)  hire additional personnel to serve as court
5-13     monitors.
5-14           SECTION 9.  The office of court administration, in
5-15     collaboration with the Title IV-D agency, shall develop and
5-16     implement:
5-17                 (1)  guidelines for the duties of a child support court
5-18     monitor under Section 201.1065, Family Code, as added by this Act;
5-19     and
5-20                 (2)  a procedure to evaluate the rate of success of
5-21     child support court monitors in increasing obligors' compliance
5-22     with child support obligations in cases that are monitored.
5-23           SECTION 10.  This Act takes effect September 1, 1999.
5-24           SECTION 11.  The importance of this legislation and the
5-25     crowded condition of the calendars in both houses create an
5-26     emergency and an imperative public necessity that the
5-27     constitutional rule requiring bills to be read on three several
 6-1     days in each house be suspended, and this rule is hereby suspended.