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.
3-50 * * * * *