1-1     By:  Goodman (Senate Sponsor - Harris)                H.B. No. 3272
 1-2           (In the Senate - Received from the House May 12, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the enforcement and collection of child support.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  The subchapter heading to Subchapter B, Chapter
1-11     201, Family Code, is amended to read as follows:
1-12            SUBCHAPTER B.  CHILD SUPPORT MASTER AND COURT MONITOR
1-13           SECTION 2.  Section 201.106, Family Code, is amended to read
1-14     as follows:
1-15           Sec. 201.106.  CHILD SUPPORT COURT MONITOR AND OTHER
1-16     PERSONNEL.  (a)  The presiding judge of an administrative judicial
1-17     region or the presiding judges of the administrative judicial
1-18     regions, by majority vote, may appoint other personnel, including a
1-19     child support court monitor for each master appointed under this
1-20     subchapter, as needed to implement and administer the provisions of
1-21     this subchapter.
1-22           (b)  The salary of the personnel and court monitors shall be
1-23     paid from the county fund available for payment of officers'
1-24     salaries or from funds available from the state and federal
1-25     government as provided by Section 201.107.
1-26           SECTION 3.  Subchapter B, Chapter 201, Family Code, is
1-27     amended by adding Section 201.1065 to read as follows:
1-28           Sec. 201.1065.  DUTIES OF CHILD SUPPORT COURT MONITOR.  (a)
1-29     A child support court monitor appointed under Section 201.106 shall
1-30     monitor child support cases in which the obligor is placed on
1-31     probation for failure to comply with the requirements of a child
1-32     support order.
1-33           (b)  In monitoring a child support case, a court monitor
1-34     shall:
1-35                 (1)  conduct an intake assessment of the needs of an
1-36     obligor that, if addressed, would enable the obligor to comply with
1-37     a child support order;
1-38                 (2)  refer an obligor to employment services offered by
1-39     the employment assistance program under Section 302.0035, Labor
1-40     Code, if appropriate;
1-41                 (3)  provide mediation services or referrals to
1-42     services, if appropriate;
1-43                 (4)  schedule periodic contacts with an obligor to
1-44     assess compliance with the child support order and whether
1-45     additional support services are required; and
1-46                 (5)  monitor the amount and timeliness of child support
1-47     payments owed and paid by an obligor.
1-48           SECTION 4.  Sections 201.107(a) and (b), Family Code, are
1-49     amended to read as follows:
1-50           (a)  The office of court administration may contract with the
1-51     Title IV-D agency for available state and federal funds under Title
1-52     IV-D and may employ personnel needed to implement and administer
1-53     this subchapter.  A master, a court monitor for each master, and
1-54     other personnel appointed under this subchapter [subsection] are
1-55     state employees for all purposes, including accrual of leave time,
1-56     insurance benefits, retirement benefits, and travel regulations.
1-57           (b)  The presiding judges of the administrative judicial
1-58     regions, state agencies, and counties may contract with the Title
1-59     IV-D agency for available federal funds under Title IV-D to
1-60     reimburse costs and salaries associated with masters, court
1-61     monitors, and personnel appointed under this section and may also
1-62     use available state funds  and public or private grants.
1-63           SECTION 5.  Section 231.115, Family Code, as added by Chapter
1-64     165, Acts of the 75th Legislature, Regular Session, 1997, is
 2-1     amended to read as follows:
 2-2           Sec. 231.115.  UNEMPLOYED AND UNDEREMPLOYED OBLIGORS
 2-3     [NONCUSTODIAL PARENTS].  (a)  The Title IV-D agency shall refer to
 2-4     appropriate state and local entities that provide employment
 2-5     services [assist unemployed noncustodial parents in gaining
 2-6     employment] any unemployed  or underemployed obligor [noncustodial
 2-7     parent] who is in arrears in court-ordered child support payments
 2-8     [to a child who:]
 2-9                 [(1)  receives financial assistance under Chapter 31,
2-10     Human Resources Code; or]
2-11                 [(2)  is otherwise eligible to receive financial
2-12     assistance under Chapter 31, Human Resources Code, and for whom the
2-13     Department of Protective and Regulatory Services is providing
2-14     substitute care].
2-15           (b)  A referral under Subsection (a)  may include:
2-16                 (1)  skills training and job placement through:
2-17                       (A)  the Texas Workforce Commission; or
2-18                       (B)  the agency responsible for the food stamp
2-19     employment and training program (7 U.S.C. Section 2015(d));
2-20                 (2)  referrals to education and literacy classes; and
2-21                 (3)  counseling regarding:
2-22                       (A)  substance abuse;
2-23                       (B)  parenting skills;
2-24                       (C)  life skills; and
2-25                       (D)  mediation techniques.
2-26           (c)  The Title IV-D agency may require an unemployed or
2-27     underemployed obligor [noncustodial parent] to complete the
2-28     training, classes, or counseling to which the obligor [parent] is
2-29     referred [to] under this section.  The agency shall suspend under
2-30     Chapter 232 the license of an obligor [a parent] who fails to
2-31     comply with the requirements of this subsection.
2-32           SECTION 6.  Subchapter A, Chapter 234, Family Code, as added
2-33     by Chapter 911, Acts of the 75th Legislature, Regular Session,
2-34     1997, is amended by adding Sections 234.006 and 234.007 to read as
2-35     follows:
2-36           Sec. 234.006.  DIRECT DEPOSIT OF CHILD SUPPORT PAYMENTS.
2-37     (a)  The state disbursement unit authorized under this chapter may
2-38     transmit a child support payment to an obligee by electronic funds
2-39     transfer if the obligee maintains an account with a financial
2-40     institution.
2-41           (b)  The work group convened under this subchapter may
2-42     develop a plan to assist an obligee who does not have an account
2-43     with a financial institution to obtain an account.
2-44           (c)  The work group may determine whether it is feasible and
2-45     cost-effective for the state to administer an electronic benefits
2-46     transfer system for child support obligees and may recommend
2-47     implementation of such a system to the Title IV-D agency.
2-48           (d)  After receiving any recommendations by the work group
2-49     under Subsection (c), the Title IV-D agency or the vendor selected
2-50     by the Title IV-D agency to operate the state disbursement unit may
2-51     provide for electronic benefits transfer, if the request for
2-52     proposals issued by the Title IV-D agency and any contract
2-53     resulting from the selection of a vendor to provide the services
2-54     specified in the request for proposals provides for electronic
2-55     benefits transfer.
2-56           (e)  The work group may recommend and the Title IV-D agency
2-57     may establish procedures to implement this section.
2-58           (f)  The Title IV-D agency, after receiving the
2-59     recommendation of the work group, may require an obligee to receive
2-60     payments by direct deposit to the obligee's bank account or by
2-61     electronic benefits transfer to an account established by the Title
2-62     IV-D agency or the state disbursement unit if the account is
2-63     established at no cost to the obligee.
2-64           Sec. 234.007.  USE OF ELECTRONIC BENEFITS TRANSFER FOR CHILD
2-65     SUPPORT PAYMENTS.  The Title IV-D agency, in coordination with the
2-66     Texas Department of Human Services and the comptroller of public
2-67     accounts, shall study the use of an existing electronic benefits
2-68     transfer system to determine the advisability of and method for
2-69     implementation of a debit card child support system.  If it is
 3-1     determined that such a system is feasible and cost-effective, these
 3-2     agencies shall begin implementation of such a system.  These
 3-3     agencies must report their findings and progress to the legislature
 3-4     by December 1, 2000.
 3-5           SECTION 7.  Subchapter A, Chapter 302, Labor Code, is amended
 3-6     by adding Section 302.0035 to read as follows:
 3-7           Sec. 302.0035.  EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
 3-8     PARENTS.  The commission shall provide employment assistance
 3-9     services, including  skills training, job placement, and
3-10     employment-related services, to a person referred to the commission
3-11     by the Title IV-D agency under Chapter 231, Family Code.
3-12           SECTION 8.  (a)  The Title IV-D agency, the Texas Workforce
3-13     Commission, and the office of court administration shall conduct a
3-14     study to determine the effectiveness of referring child support
3-15     obligors to the employment assistance program under Section
3-16     302.0035, Labor Code, as added by this Act, in increasing child
3-17     support collections from obligors who are referred.
3-18           (b)  The Title IV-D agency, the Texas Workforce Commission,
3-19     and the office of court administration shall submit a joint report
3-20     regarding the results of the study not later than January 31, 2001,
3-21     to the 77th Legislature at its regular session.
3-22           SECTION 9.  (a)  The Title IV-D agency shall contract with
3-23     the office of court administration to provide  state and federal
3-24     funds under Part D, Title IV of the federal Social Security Act (42
3-25     U.S.C. Section 651 et seq.), to establish 36 child support court
3-26     monitor positions under Section 201.106, Family Code, as amended by
3-27     this Act, during the fiscal year beginning September 1, 1999.
3-28           (b)  To provide child support court monitors under Section
3-29     201.106, Family Code, as amended by this Act, the office of court
3-30     administration may:
3-31                 (1)  contract with counties to provide employees to
3-32     serve as court monitors; or
3-33                 (2)  hire additional personnel to serve as court
3-34     monitors.
3-35           SECTION 10.  The office of court administration, in
3-36     collaboration with the Title IV-D agency, shall develop and
3-37     implement:
3-38                 (1)  guidelines for the duties of a child support court
3-39     monitor under Section 201.1065, Family Code, as added by this Act;
3-40     and
3-41                 (2)  a procedure to evaluate the rate of success of
3-42     child support court monitors in increasing obligors' compliance
3-43     with child support obligations in cases that are monitored.
3-44           SECTION 11.  This Act takes effect September 1, 1999.
3-45           SECTION 12.  The importance of this legislation and the
3-46     crowded condition of the calendars in both houses create an
3-47     emergency and an imperative public necessity that the
3-48     constitutional rule requiring bills to be read on three several
3-49     days in each house be suspended, and this rule is hereby suspended.
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