By:  Harris                                            S.B. No. 368
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to court-ordered child support, including the child
 1-2     support enforcement functions of the office of the attorney general
 1-3     and the sunset review of those functions and the implementation of
 1-4     the child support enforcement provisions of the federal Personal
 1-5     Responsibility and Work Opportunity Reconciliation Act of 1996;
 1-6     providing civil and criminal penalties.
 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Chapter 101, Family Code, is amended by amending
 1-9     Sections 101.021 and 101.024 and adding Sections 101.0021 and
1-10     101.0302 to read as follows:
1-11           Sec. 101.0021.  BUREAU OF VITAL STATISTICS.  "Bureau of vital
1-12     statistics" means the bureau of vital statistics of the Texas
1-13     Department of Health.
1-14           Sec. 101.021.  OBLIGEE.  "Obligee" means a person or entity
1-15     entitled to receive payments [under an order] of child support,
1-16     including an agency of this state or of another jurisdiction to
1-17     which a person has assigned the person's right to support.
1-18           Sec. 101.024.  PARENT.  "Parent" means the mother, a man
1-19     presumed to be the biological father, a man legally determined to
1-20     be the biological father, a man [or] who has been adjudicated to be
1-21     the biological father by a court of competent jurisdiction, or an
1-22     adoptive mother or father.  The term does not include a parent as
1-23     to whom the parent-child relationship has been terminated.
1-24           Sec. 101.0302.  STATE DISBURSEMENT UNIT.  "State disbursement
 2-1     unit" means the unit established and operated by the Title IV-D
 2-2     agency under 42 U.S.C. Section 654b that has responsibility for
 2-3     receiving, distributing, maintaining, and furnishing child support
 2-4     payments and records on or after October 1, 1999.
 2-5           SECTION 2.  Section 102.009, Family Code, is amended by
 2-6     amending Subsection (a), as amended by Chapters 561 and 599, Acts
 2-7     of the 75th Legislature, Regular Session, 1997, and amending
 2-8     Subsection (d) to read as follows:
 2-9           (a)  Except as provided by Subsection (b), the following are
2-10     entitled to service of citation on the filing of a petition in an
2-11     original suit:
2-12                 (1)  a managing conservator;
2-13                 (2)  a possessory conservator;
2-14                 (3)  a person having possession of or access to the
2-15     child under an order;
2-16                 (4)  a person required by law or by order to provide
2-17     for the support of the child;
2-18                 (5)  a guardian of the person of the child;
2-19                 (6)  a guardian of the estate of the child;
2-20                 (7)  each parent as to whom the parent-child
2-21     relationship has not been terminated or process has not been waived
2-22     under Chapter 161;
2-23                 (8)  an alleged father, unless there is attached to the
2-24     petition an affidavit of waiver of interest in a child executed by
2-25     the alleged father as provided by Chapter 161 or unless the
2-26     petitioner has complied with the provisions of Section
 3-1     161.002(b)(2) or (b)(3);
 3-2                 (9)  a man who has filed a notice of intent to claim
 3-3     paternity as provided by Subchapter D, Chapter 160; [and]
 3-4                 (10)  the Department of Protective and Regulatory
 3-5     Services, if the petition requests that the department be appointed
 3-6     as managing conservator of the child; and[.]
 3-7                 (11) [(10)]  the Title IV-D agency [attorney general],
 3-8     if the petition requests the termination of the parent-child
 3-9     relationship and support rights have been assigned to the Title
3-10     IV-D agency [has filed with the court a notice of assignment] under
3-11     Chapter 231 [with respect to the support rights of the child].
3-12           (d)  If the petition requests the establishment,
3-13     modification, or enforcement of a support right assigned to the
3-14     Title IV-D agency under Chapter 231 or the recision of a voluntary
3-15     acknowledgment of paternity under Chapter 160, notice shall be
3-16     given to the Title IV-D agency [attorney general] in a manner
3-17     provided by Rule 21a, Texas Rules of Civil Procedure.
3-18           SECTION 3.  Subsection (b), Section 105.002, Family Code, is
3-19     amended to read as follows:
3-20           (b)  A party may not demand a jury trial in:
3-21                 (1)  a suit in which adoption is sought, including a
3-22     trial on the issue of denial or revocation of consent to the
3-23     adoption by the managing conservator; or
3-24                 (2)  a suit to determine parentage under Chapter 160.
3-25           SECTION 4.  Section 108.008, Family Code, is amended to read
3-26     as follows:
 4-1           Sec. 108.008.  FILING INFORMATION AFTER DETERMINATION OF
 4-2     PATERNITY.  (a)  On a determination of paternity, the petitioner
 4-3     shall provide the clerk of the court in which the order was
 4-4     rendered the information necessary to prepare the report of
 4-5     determination of paternity [declaration].  The clerk shall:
 4-6                 (1)  prepare the report [declaration] on a form
 4-7     provided by the Bureau of Vital Statistics; and
 4-8                 (2)  complete the report [declaration] immediately
 4-9     after the order becomes final.
4-10           (b)  On completion of the report [Not later than the 10th day
4-11     of each month], the clerk of the court shall forward to the state
4-12     registrar a report [declaration] for each order that became final
4-13     in that court during the preceding month.
4-14           SECTION 5.  Subsection (a), Section 151.002, Family Code, is
4-15     amended to read as follows:
4-16           (a)  A man is presumed to be the biological father of a child
4-17     if:
4-18                 (1)  he and the child's biological mother are or have
4-19     been married to each other and the child is born during the
4-20     marriage or not more than 300 days after the date the marriage
4-21     terminated by death, annulment, or divorce or by having been
4-22     declared void;
4-23                 (2)  before the child's birth, he and the child's
4-24     biological mother attempted to marry each other by a marriage in
4-25     apparent compliance with law, although the attempted marriage is or
4-26     could be declared void, and the child is born during the attempted
 5-1     marriage or not more than 300 days after the date the attempted
 5-2     marriage terminated by death, annulment, or divorce or by having
 5-3     been declared void; or
 5-4                 (3)  after the child's birth, he and the child's
 5-5     biological mother have married or attempted to marry each other by
 5-6     a marriage in apparent compliance with law, although the attempted
 5-7     marriage is or could be declared void or voided by annulment, and:
 5-8                       (A)  he has filed a written acknowledgment of his
 5-9     paternity of the child under Chapter 160;
5-10                       (B)  he consents in writing to be named and is
5-11     named as the child's father on the child's birth certificate; or
5-12                       (C)  he is obligated to support the child under a
5-13     written voluntary promise or by court order[;]
5-14                 [(4)  without attempting to marry the mother, he
5-15     consents in writing to be named as the child's father on the
5-16     child's birth certificate; or]
5-17                 [(5)  before the child reaches the age of majority, he
5-18     receives the child into his home and openly holds out the child as
5-19     his biological child].
5-20           SECTION 6.  Section 154.001, Family Code, is amended by
5-21     adding Subsection (c) to read as follows:
5-22           (c)  In a Title IV-D case, if neither parent has physical
5-23     possession or conservatorship of the child, the court may render an
5-24     order providing that a nonparent or agency having physical
5-25     possession may receive, hold, or disburse child support payments
5-26     for the benefit of the child.
 6-1           SECTION 7.  Sections 154.004 and 154.006, Family Code, are
 6-2     amended to read as follows:
 6-3           Sec. 154.004.  PLACE OF PAYMENT.  (a)  The [Except as agreed
 6-4     by the parties, the] court shall order the payment of child support
 6-5     to [through] a local registry, [or through] the Title IV-D agency,
 6-6     or the state disbursement unit.
 6-7           (b)  In a Title IV-D case, the court or the Title IV-D agency
 6-8     shall order that income withheld for child support be paid:
 6-9                 (1)  to the Title IV-D agency through a local registry,
6-10     which shall forward the payment to the Title IV-D agency; [or]
6-11                 (2)  [directly] to the Title IV-D agency; or
6-12                 (3)  to the state disbursement unit.
6-13           Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT.  (a)  Unless
6-14     otherwise agreed in writing or expressly provided in the order or
6-15     as provided by Subsection (b), the child support order terminates
6-16     on the marriage of the child, removal of the child's disabilities
6-17     for general purposes, or death of the child or a parent ordered to
6-18     pay child support.
6-19           (b)  Unless a nonparent or agency has been appointed
6-20     conservator of the child under Chapter 153, the order for current
6-21     child support, and any provision relating to conservatorship,
6-22     possession, or access terminates on the marriage or remarriage of
6-23     the obligor and obligee to each other.
6-24           SECTION 8.  Sections 154.242 and 154.243, Family Code, are
6-25     amended to read as follows:
6-26           Sec. 154.242.  PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
 7-1     BY ELECTRONIC FUNDS TRANSFER.  (a)  A child support payment may be
 7-2     made by electronic funds transfer to:
 7-3                 (1)  the Title IV-D agency; [or]
 7-4                 (2)  a local registry if the registry agrees to accept
 7-5     electronic payment; or
 7-6                 (3)  the state disbursement unit.
 7-7           (b)  A local registry may transmit child support payments to
 7-8     the Title IV-D agency by electronic funds transfer [if the Title
 7-9     IV-D agency agrees to accept electronic payment].  Unless support
7-10     payments are required to be made to the state disbursement unit, an
7-11     [An] obligor may make payments, with the approval of the court
7-12     entering the order, directly to the bank account of the obligee by
7-13     electronic transfer and provide verification of the deposit to the
7-14     local registry.  A local registry in a county that makes deposits
7-15     into personal bank accounts by electronic funds transfer as of
7-16     April 1, 1995, may transmit a child support payment to an obligee
7-17     by electronic funds transfer if the obligee maintains a bank
7-18     account and provides[.  The obligee shall furnish to] the local
7-19     registry with the necessary bank account information to complete
7-20     electronic payment [if the Title IV-D agency agrees to accept
7-21     electronic payment].
7-22           Sec. 154.243.  PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
7-23     The Title IV-D agency, [or] a local registry, or the state
7-24     disbursement unit may comply with a subpoena or other order
7-25     directing the production of a child support payment record by
7-26     sending a certified copy of the record or an affidavit regarding
 8-1     the payment record to the court that directed production of the
 8-2     record.
 8-3           SECTION 9.  Subsections (a) and (b), Section 155.205, Family
 8-4     Code, are amended to read as follows:
 8-5           (a)  On rendition of an order transferring continuing,
 8-6     exclusive jurisdiction to another court, the transferring court
 8-7     shall also order that all future payments of child support be made
 8-8     to the local registry of the transferee court, the Title IV-D
 8-9     agency, or the state disbursement unit.
8-10           (b)  The transferring court's local registry, the Title IV-D
8-11     agency, or the state disbursement unit shall continue to receive,
8-12     record, and forward [disburse] child support payments to the payee
8-13     until it receives notice that the transferred case has been
8-14     docketed by the transferee court.
8-15           SECTION 10.  Subchapter E, Chapter 156, Family Code, is
8-16     amended by adding Section 156.409 to read as follows:
8-17           Sec. 156.409.  CHANGE IN PHYSICAL POSSESSION.  If the sole
8-18     managing conservator of a child or the joint managing conservator
8-19     who designates the child's primary residence has voluntarily
8-20     relinquished the actual care, control, and possession of the child
8-21     for at least six months, the court may modify an order providing
8-22     for the support of the child to provide that the person having
8-23     physical possession of the child shall have the right to receive
8-24     and give receipt for payments of support for the child and to hold
8-25     or disburse money for the benefit of the child.
8-26           SECTION 11.  Subsection (b), Section 157.005, Family Code, is
 9-1     amended to read as follows:
 9-2           (b)  The court retains jurisdiction to confirm the total
 9-3     amount of child support arrearages and render judgment for past-due
 9-4     child support until the date that all current child support and
 9-5     medical support and child support arrearages, including interest
 9-6     and any applicable fees and costs, have been paid [if a motion for
 9-7     enforcement requesting a money judgment is filed not later than the
 9-8     fourth anniversary after the date:]
 9-9                 [(1)  the child becomes an adult; or]
9-10                 [(2)  on which the child support obligation terminates
9-11     under the order or by operation of law].
9-12           SECTION 12.  Section 157.102, Family Code, is amended to read
9-13     as follows:
9-14           Sec. 157.102.  CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
9-15     Law enforcement officials shall treat the capias in the same manner
9-16     as an arrest warrant for a criminal offense and shall enter the
9-17     capias in the computer records for outstanding warrants maintained
9-18     by the local police, sheriff, and Department of Public Safety.  The
9-19     capias shall [may] be forwarded to and disseminated by the Texas
9-20     Crime Information Center and the National Crime Information Center.
9-21           SECTION 13.  Section 157.166, Family Code, is amended by
9-22     amending Subsection (b) and adding Subsection (c) to read as
9-23     follows:
9-24           (b)  If the order imposes incarceration or a fine for
9-25     criminal contempt, an enforcement order must contain findings
9-26     identifying, setting out, or incorporating by reference the
 10-1    provisions of the order for which enforcement was requested and the
 10-2    date of each occasion when the respondent's failure [respondent
 10-3    failed] to comply with the order was found to constitute criminal
 10-4    contempt.
 10-5          (c)  If the  enforcement order imposes incarceration for
 10-6    civil contempt, the order must state the specific conditions on
 10-7    which the respondent may be released from confinement.
 10-8          SECTION 14.  Section 157.167, Family Code, is amended by
 10-9    adding Subsection (c) to read as follows:
10-10          (c)  Fees and costs ordered under this section may be
10-11    enforced by any means available for the enforcement of child
10-12    support, including contempt.
10-13          SECTION 15.  Section 157.269, Family Code, is amended to read
10-14    as follows:
10-15          Sec. 157.269.  RETENTION OF JURISDICTION.  A court that
10-16    renders an order providing for the payment of child support
10-17    arrearages retains jurisdiction until all current support and
10-18    medical support and child support arrearages, including interest
10-19    and any applicable fees and costs, have been paid [the arrearages
10-20    are paid in full as required by the court order].
10-21          SECTION 16.  Subsection (a), Section 157.317, Family Code, is
10-22    amended to read as follows:
10-23          (a)  A child support lien attaches to all real and personal
10-24    property not exempt under the Texas Constitution or other law,
10-25    including a depository account in a financial institution,
10-26    including a mutual fund money market account, or a retirement plan,
 11-1    a claim for negligence, personal injury, or workers' compensation,
 11-2    or an insurance award for the claim, owned by the obligor on or
 11-3    after the date the lien notice or abstract of judgment is filed
 11-4    with the county clerk of the county in which the property is
 11-5    located, with the court clerk as to property or claims in
 11-6    litigation, or, as to property of the obligor in the possession or
 11-7    control of a third party, from the date the lien notice is filed
 11-8    with that party.
 11-9          SECTION 17.  Subsection (a), Section 158.003, Family Code, is
11-10    amended to read as follows:
11-11          (a)  In addition to income withheld for the current support
11-12    of a child, [the court shall order that] income shall be withheld
11-13    from the disposable earnings of the obligor to be applied toward
11-14    the liquidation of any child support arrearages, including accrued
11-15    interest as provided in Chapter 157.
11-16          SECTION 18.  Sections 158.004 and 158.007, Family Code, are
11-17    amended to read as follows:
11-18          Sec. 158.004.  WITHHOLDING FOR ARREARAGES WHEN NO CURRENT
11-19    SUPPORT IS DUE.  If current support is no longer owed, the court or
11-20    the Title IV-D agency shall order that income be withheld for
11-21    arrearages, including accrued interest as provided in Chapter 157,
11-22    in an amount sufficient to discharge those arrearages in not more
11-23    than two years.
11-24          Sec. 158.007.  EXTENSION OF REPAYMENT SCHEDULE BY COURT;
11-25    UNREASONABLE HARDSHIP.  If the court or the Title IV-D agency finds
11-26    that the schedule for discharging arrearages would cause the
 12-1    obligor, the obligor's family, or children for whom support is due
 12-2    from the obligor to suffer unreasonable hardship, the court or
 12-3    agency may extend the payment period for a reasonable length of
 12-4    time.
 12-5          SECTION 19.  Sections 158.102, 158.103, 158.104, and 158.105,
 12-6    Family Code, are amended to read as follows:
 12-7          Sec. 158.102.  TIME LIMITATIONS.  An order or writ for income
 12-8    withholding under this chapter may be issued [The court retains
 12-9    jurisdiction to render an order that provides for income to be
12-10    withheld from the disposable earnings of the obligor] until all
12-11    current support and child support arrearages, [including] interest,
12-12    and any applicable fees and costs, including ordered attorney fees
12-13    and court costs, have been paid.
12-14          Sec. 158.103.  CONTENTS OF ORDER OR WRIT OF WITHHOLDING.  An
12-15    order of withholding or writ of withholding issued under this
12-16    chapter must contain only the information that is necessary for an
12-17    employer or other entity to comply with the existing child support
12-18    order, including:
12-19                (1)  the amount of current support and medical support;
12-20                (2)  the amount of arrearages, accrued interest, and
12-21    ordered fees and costs;
12-22                (3)  the amount of income to be withheld and remitted;
12-23                (4)  the name of the payee; and
12-24                (5)  the address to which payment is required to be
12-25    sent [shall state:]
12-26                [(1)  the style, cause number, and court having
 13-1    continuing jurisdiction of the suit;]
 13-2                [(2)  the name, address, and, if available, the social
 13-3    security number of the obligor;]
 13-4                [(3)  the amount and duration of the child support
 13-5    payments and medical support payments or other provisions for
 13-6    medical support;]
 13-7                [(4)  the name, address, and, if available, the social
 13-8    security numbers of the child and the obligee;]
 13-9                [(5)  the name and address of the person or agency to
13-10    whom the payments shall be made;]
13-11                [(6)  that the obligor is required to notify the court
13-12    promptly of any change affecting the order; and]
13-13                [(7)  that the ordered amount shall be paid to a local
13-14    registry or the Title IV-D agency].
13-15          Sec. 158.104.  REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT
13-16    OF WITHHOLDING.  A request for issuance of an order or judicial
13-17    writ of withholding may be filed with the clerk of the court by the
13-18    prosecuting attorney, the Title IV-D agency, the friend of the
13-19    court, a domestic relations office, the obligor, [or] the obligee,
13-20    or an attorney representing the obligee or obligor.
13-21          Sec. 158.105.  ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL
13-22    WRIT OF WITHHOLDING.  (a)  On filing a request for issuance of an
13-23    order or judicial writ of withholding, the clerk of the court shall
13-24    cause a certified copy of the order or writ to be delivered to the
13-25    obligor's current employer or to any subsequent employer of the
13-26    obligor.
 14-1          (b)  [In order to inform the employer, the clerk shall attach
 14-2    a copy of Subchapter C to the order or writ.]
 14-3          [(c)]  The clerk shall issue and mail the certified copy of
 14-4    the order or judicial writ not later than the fourth working day
 14-5    after the date the order is signed or the request is filed,
 14-6    whichever is later.
 14-7          (c) [(d)]  An order or judicial writ of withholding shall be
 14-8    delivered to the employer by certified or registered mail, return
 14-9    receipt requested, electronic transmission, or by service of
14-10    citation to:
14-11                (1)  the person authorized to receive service of
14-12    process for the employer in civil cases generally; or
14-13                (2)  a person designated by the employer, by written
14-14    notice to the clerk, to receive orders or writs [notices] of
14-15    withholding.
14-16          SECTION 20.  Subsection (a), Section 158.106, Family Code, is
14-17    amended to read as follows:
14-18          (a)  The Title IV-D agency shall prescribe forms as
14-19    authorized by federal law in a standard format entitled order or
14-20    notice to withhold income for child support [for:]
14-21                [(1)  an order of withholding that is sufficient if
14-22    rendered in substantially the prescribed manner;]
14-23                [(2)  a notice of application for judicial writ of
14-24    withholding;]
14-25                [(3)  a judicial writ of withholding as provided by
14-26    Subchapter D; and]
 15-1                [(4)  an administrative writ of withholding, including
 15-2    forms and procedures for electronic issuance of the writ, as
 15-3    provided by Subchapter F].
 15-4          SECTION 21.  Section 158.203, Family Code, is amended by
 15-5    amending Subsection (b) and adding Subsections (c) and (d) to read
 15-6    as follows:
 15-7          (b)  For payments made by electronic funds transfer or
 15-8    electronic data interchange, the employer shall transmit the amount
 15-9    withheld not later than the second business day after the pay date.
15-10          (c)  The employer shall include with each payment
15-11    transmitted:
15-12                (1)  the number assigned by the Title IV-D agency, if
15-13    available, and the county identification number, if available;
15-14                (2)  [, or] the name of the county or the county's
15-15    federal information processing standard code;
15-16                (3)  the cause number of the suit under which
15-17    withholding is required;
15-18                (4) [(2)]  the payor's name; and
15-19                (5) [(3)]  the payee's name, unless the payment is
15-20    transmitted by electronic funds transfer.
15-21          (d)  In a case in which an obligor's income is subject to
15-22    withholding, the employer shall remit the payment of child support
15-23    directly to a local registry, the Title IV-D agency, or to the
15-24    state disbursement unit.
15-25          SECTION 22.  Subsection (a), Section 158.210, Family Code, is
15-26    amended to read as follows:
 16-1          (a)  In addition to the civil remedies provided by this
 16-2    subchapter or any other remedy provided by law, an employer who
 16-3    knowingly violates the provisions of this chapter may be subject to
 16-4    a fine not to exceed $200 for each occurrence in which the employer
 16-5    fails to:
 16-6                (1)  withhold income for child support as instructed in
 16-7    an order or writ issued under this chapter; or
 16-8                (2)  remit withheld income within the time required by
 16-9    Section 158.203(b) to the payee identified in the order or writ or
16-10    to the state disbursement unit.
16-11          SECTION 23.  Subchapter C, Chapter 158, Family Code, is
16-12    amended by amending Section 158.211 and adding Section 158.212 to
16-13    read as follows:
16-14          Sec. 158.211.  NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW
16-15    EMPLOYMENT.  (a)  If an obligor terminates employment with an
16-16    employer who has been withholding income, both the obligor and the
16-17    employer shall notify the court or the Title IV-D agency and the
16-18    obligee of that fact not later than the seventh day after the date
16-19    employment terminated and shall provide the obligor's last known
16-20    address and the name and address of the obligor's new employer, if
16-21    known.
16-22          (b)  The obligor has a continuing duty to inform any
16-23    subsequent employer of the order or writ of withholding after
16-24    obtaining employment.  Failure by the obligor to inform a
16-25    subsequent employer of the order or writ of withholding may be
16-26    punished as contempt.
 17-1          Sec. 158.212.  IMPROPER PAYMENT.  An employer who remits a
 17-2    payment to an incorrect office or person shall remit the payment to
 17-3    the agency or person identified in the order of withholding not
 17-4    later than the second business day after the date the employer
 17-5    receives the returned payment.
 17-6          SECTION 24.  Subsection (b), Section 158.312, Family Code, is
 17-7    amended to read as follows:
 17-8          (b)  The request for issuance may not be filed before the
 17-9    11th day after the date of receipt of the notice of application for
17-10    judicial writ of withholding by the obligor.
17-11          SECTION 25.  Sections 158.501 and 158.502, Family Code, are
17-12    amended to read as follows:
17-13          Sec. 158.501.  ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING
17-14    BY TITLE IV-D AGENCY.  (a)  The Title IV-D agency may initiate
17-15    income withholding by issuing an administrative writ of withholding
17-16    for the enforcement of an existing order as authorized by this
17-17    subchapter.
17-18          (b)  The Title IV-D agency is the only entity that may issue
17-19    an administrative writ under this subchapter.
17-20          Sec. 158.502.  WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
17-21    ISSUED.  (a)  An administrative writ of withholding under this
17-22    subchapter may be issued by the Title IV-D agency at any time until
17-23    all current support, including medical support, and child support
17-24    arrearages have been paid.  The writ issued under this subsection
17-25    may be based on an obligation in more than one support order.
17-26          (b)  The Title IV-D agency may issue an administrative writ
 18-1    of withholding that directs an amount be withheld for an arrearage
 18-2    or modifies the amount to be withheld for an arrearage.
 18-3          (c)  The Title IV-D agency may issue an administrative writ
 18-4    of withholding as a reissuance of an existing withholding order on
 18-5    file with the court of continuing jurisdiction.  The administrative
 18-6    writ under this subsection is not subject to the contest provisions
 18-7    of Sections 158.505(a)(2) and 158.506.
 18-8          SECTION 26.  Subsections (a) and (b), Section 158.503, Family
 18-9    Code, are amended to read as follows:
18-10          (a)  An administrative writ of withholding issued under this
18-11    subchapter may be delivered to an obligor, obligee, and employer by
18-12    mail or by electronic transmission.
18-13          (b)  Not later than the third business day after the date of
18-14    delivery of the administrative writ of withholding to an employer,
18-15    the Title IV-D agency shall file a copy of the writ, together with
18-16    a signed certificate of service, in the court of continuing
18-17    jurisdiction.  The certificate of service may be signed
18-18    electronically.
18-19          SECTION 27.  Subsection (b), Section 158.504, Family Code, is
18-20    amended to read as follows:
18-21          (b)  An administrative writ of withholding issued under this
18-22    subchapter may contain only the information that is necessary for
18-23    the employer to comply with the existing support [withholding]
18-24    order, including the amount of current support and medical support,
18-25    the amount of arrearages, accrued interest, and the amount of
18-26    earnings to be withheld.
 19-1          SECTION 28.  Subsection (a), Section 158.505, Family Code, is
 19-2    amended to read as follows:
 19-3          (a)  On issuance of an administrative writ of withholding,
 19-4    the Title IV-D agency shall send the obligor:
 19-5                (1)  notice that the withholding has commenced;
 19-6                (2)  notice of the procedures to follow if the obligor
 19-7    desires to contest withholding on the grounds that the identity of
 19-8    the obligor or the existence or amount of arrearages is incorrect;
 19-9    and
19-10                (3)  a copy of the administrative writ, including the
19-11    information concerning income withholding provided [in the original
19-12    writ] to the employer.
19-13          SECTION 29.  Subsection (a), Section 158.506, Family Code, is
19-14    amended to read as follows:
19-15          (a)  An obligor receiving the notice under Section 158.505
19-16    [158.503] may request a review by the Title IV-D agency to resolve
19-17    any issue in dispute regarding the identity of the obligor or the
19-18    existence or amount of arrearages.  The Title IV-D agency shall
19-19    provide an opportunity for a review, by telephonic conference or in
19-20    person, as may be appropriate under the circumstances.
19-21          SECTION 30.  Section 160.001 and Section 160.004, Family
19-22    Code, are amended to read as follows:
19-23          Sec. 160.001.  APPLICABILITY.  This chapter governs a suit
19-24    affecting the parent-child relationship in which the parentage of
19-25    the biological mother or biological father is:
19-26                (1)  sought to be adjudicated;
 20-1                (2)  voluntarily admitted by the putative father; or
 20-2                (3)  jointly acknowledged by the mother and putative
 20-3    father.
 20-4          Sec. 160.004.  TEMPORARY ORDERS.  The court may render a
 20-5    temporary order authorized in a suit under this title, including an
 20-6    order for temporary support of a child, if the person ordered to
 20-7    pay support:
 20-8                (1)  is a presumed parent under Chapter 151;
 20-9                (2)  is an alleged father petitioning to have his
20-10    paternity adjudicated or who admits paternity in pleadings filed
20-11    with the court; [or]
20-12                (3)  is found by the court at the pretrial conference
20-13    authorized by this chapter not to be excluded as the biological
20-14    father of the child, with the court finding that at least 99
20-15    percent of the male population is excluded from being the
20-16    biological father of the child; or
20-17                (4)  executed a statement or acknowledgement of
20-18    paternity under Subchapter C.
20-19          SECTION 31.  Subchapter C, Chapter 160, Family Code, is
20-20    amended to read as follows:
20-21          SUBCHAPTER C.  ACKNOWLEDGMENT OR DENIAL OF [VOLUNTARY]
20-22                                 PATERNITY
20-23          Sec. 160.201.  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY.  The
20-24    mother of a child and a man claiming to be the father of the child
20-25    may execute an acknowledgment of paternity as provided by this
20-26    subchapter to establish the man's paternity [(a) If a statement of
 21-1    paternity has been executed by a man claiming to be the biological
 21-2    father of a child who has no presumed father, he, the mother of the
 21-3    child, or the child through a representative authorized by the
 21-4    court or a governmental entity may file a petition for an order
 21-5    adjudicating him as a parent of the child.  The statement of
 21-6    paternity must be attached to or filed with the petition].
 21-7          [(b)  The court shall render an order adjudicating the child
 21-8    to be the biological child of the child's father and the father to
 21-9    be a parent of the child if the court finds that the statement of
21-10    paternity was executed as provided by this chapter, and the facts
21-11    stated are true.]
21-12          [(c)  A suit for voluntary paternity may be joined with a
21-13    suit for termination under Chapter 161.]
21-14          Sec. 160.202.  EXECUTION OF ACKNOWLEDGMENT [STATEMENT] OF
21-15    PATERNITY.  (a)  An acknowledgment of paternity must:
21-16                (1)  be in writing;
21-17                (2)  be signed by the mother and the putative father;
21-18    and
21-19                (3)  state whether the child whose paternity is being
21-20    acknowledged has a presumed father under Section 151.002 [The
21-21    statement of paternity authorized to be used by this subchapter
21-22    must:]
21-23                [(1)  be in writing;]
21-24                [(2)  be signed by the man alleging himself to be the
21-25    father of the child;]
21-26                [(3)  state whether the man alleging himself to be the
 22-1    father is a minor; and]
 22-2                [(4)  clearly state that the man signing the statement
 22-3    acknowledges the child as his biological child].
 22-4          (b)  If the mother declares in the acknowledgment that there
 22-5    is a presumed father of the child, the acknowledgment must be
 22-6    accompanied by a denial of paternity signed by the presumed father,
 22-7    unless the presumed father is the man who has signed the
 22-8    acknowledgement [The statement may include a waiver of citation in
 22-9    a suit to establish the parent-child relationship and may include a
22-10    waiver of the right to notice of the proceedings.]
22-11          [(c)  The statement must be executed before a person
22-12    authorized to administer oaths under the laws of this state.]
22-13          [(d)  The statement may be signed before the birth of the
22-14    child.]
22-15          [(e)  The statement must include the social security number
22-16    of the father].
22-17          Sec. 160.203.  FILING ACKNOWLEDGMENT [EFFECT OF STATEMENT] OF
22-18    PATERNITY.  (a)  An acknowledgment of paternity executed under this
22-19    subchapter shall be filed with the bureau of vital statistics [A
22-20    statement of paternity executed as provided by this subchapter is
22-21    prima facie evidence that the child is the child of the person
22-22    executing the statement and that the person has an obligation to
22-23    support the child].
22-24          (b)  The bureau of vital statistics may not charge a fee to
22-25    file the acknowledgment [If an alleged father's address is unknown
22-26    or he is outside the jurisdiction of the court at the time a suit
 23-1    is instituted under this subchapter, his statement of paternity, in
 23-2    the absence of controverting evidence, is sufficient for the court
 23-3    to render an order establishing his paternity of the child].
 23-4          Sec. 160.204.  SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
 23-5    PATERNITY [DISPUTED PARENTAGE].  (a)  An acknowledgment of
 23-6    paternity or a denial of paternity may contain the mother's
 23-7    signature and the putative father's signature on separate
 23-8    documents.
 23-9          (b)  An acknowledgment of paternity or a denial of paternity
23-10    may be signed before the birth of the child.
23-11          (c)  An adult or a minor may sign an acknowledgment of
23-12    paternity or a denial of paternity [If the paternity of the child
23-13    is uncertain or is disputed by a party in a suit filed under this
23-14    subchapter, the provisions of Subchapter B apply].
23-15          Sec. 160.205.  EFFECT OF ACKNOWLEDGMENT OF PATERNITY
23-16    [VALIDATION OF PRIOR STATEMENTS].  (a)  A signed acknowledgment of
23-17    paternity filed with the bureau of vital statistics is a legal
23-18    finding of paternity of a child equivalent to a judicial
23-19    determination.
23-20          (b)  If the mother or the man claiming to be the father
23-21    falsely denies the existence of a presumed father in an
23-22    acknowledgment of paternity, the acknowledgment of paternity is
23-23    voidable within the time to rescind under Section 160.206 [A
23-24    statement acknowledging paternity or an obligation to support a
23-25    child that was signed by the father before January 1, 1974, is
23-26    valid and binding even though the statement is not executed as
 24-1    provided by this subchapter].
 24-2          Sec. 160.206.  SUIT TO RESCIND ACKNOWLEDGEMENT OR DENIAL.
 24-3    (a)  Subject to the requirements of Subsection (b), a person who
 24-4    signs an acknowledgment of paternity or a denial of paternity may
 24-5    file a suit affecting the parent-child relationship to rescind the
 24-6    acknowledgment of paternity or denial of paternity.
 24-7          (b)  The petition to rescind an acknowledgment of paternity
 24-8    or a denial of paternity must be filed not later than the earlier
 24-9    of:
24-10                (1)  the 61st day after the date the acknowledgment of
24-11    paternity or denial of paternity is filed with the bureau of vital
24-12    statistics; or
24-13                (2)  the date of the first hearing before a tribunal to
24-14    determine an issue relating to the child in which the person is a
24-15    party, including a proceeding that establishes support.
24-16          (c)  If a proceeding to rescind an acknowledgment of
24-17    paternity or a denial of paternity is filed jointly or agreed to by
24-18    all necessary parties, the court shall order the bureau of vital
24-19    statistics to amend the birth record of the child by removing the
24-20    father's name.
24-21          (d)  If the proceeding to rescind is not agreed to by all
24-22    parties, the court shall conduct a hearing in the same manner as a
24-23    proceeding to determine parentage under this chapter.
24-24          Sec. 160.207.  SUIT TO CONTEST ACKNOWLEDGEMENT OR DENIAL.
24-25    (a)  A person who may contest a presumption of paternity under
24-26    Section 160.101 may contest an acknowledgment of paternity or a
 25-1    denial of paternity by filing a suit affecting the parent-child
 25-2    relationship.  A suit to contest an acknowledgment of paternity or
 25-3    a denial of paternity that is filed after the time period for a
 25-4    suit to rescind under Section 160.206 may be filed only on the
 25-5    basis of fraud, duress, or material mistake of fact.  The party
 25-6    challenging the acknowledgment of paternity or the denial of
 25-7    paternity has the burden of proof.
 25-8          (b)  A suit to contest an acknowledgment of paternity or a
 25-9    denial of paternity shall be conducted in the same manner as a
25-10    proceeding to determine parentage under this chapter.
25-11          (c)  A person must bring suit to contest an acknowledgment of
25-12    paternity or a denial of paternity not later than the second
25-13    anniversary of the date the acknowledgment of paternity or the
25-14    denial of paternity is filed with the bureau of vital statistics.
25-15          Sec. 160.208.  PROCEDURE FOR SUIT TO RESCIND OR CONTEST.
25-16    (a)  Each person who signs an acknowledgment of paternity or a
25-17    denial of paternity must be made a party to a suit to rescind or
25-18    contest the acknowledgment of paternity or denial of paternity.
25-19          (b)  Except for good cause shown, the court may not suspend
25-20    the legal responsibility of a person arising from the
25-21    acknowledgment of paternity, including the duty to pay child
25-22    support, while a suit is pending.
25-23          (c)  On a determination of paternity or nonpaternity, the
25-24    court shall order the bureau of vital statistics to amend the birth
25-25    record of the child in accordance with the order of the court.
25-26          Sec. 160.209.  COURT RATIFICATION BARRED.  A court may not
 26-1    ratify an unrescinded acknowledgment of paternity.
 26-2          Sec. 160.210.  FULL FAITH AND CREDIT.  An acknowledgment of
 26-3    paternity signed in another state shall be accorded full faith and
 26-4    credit by the courts of this state if the acknowledgment is signed
 26-5    in apparent compliance with the other state's law.
 26-6          Sec. 160.211.  VALIDATION OF EARLIER STATEMENT.  A statement
 26-7    admitting paternity or an obligation to support a child that was
 26-8    signed before September 1, 1999, is valid and binding even though
 26-9    the statement is not executed as provided by this subchapter.
26-10          Sec. 160.212.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
26-11    PATERNITY.  (a)  The bureau of vital statistics shall prescribe
26-12    forms for an acknowledgment of paternity and a denial of paternity
26-13    to comply with this subchapter.
26-14          (b)  The forms prescribed under this section must:
26-15                (1)  contain information regarding the procedure to
26-16    rescind an acknowledgement or a denial;
26-17                (2)  provide that the signatures on the forms are
26-18    witnessed and signed under penalty of perjury; and
26-19                (3)  state whether the mother, the putative father, or
26-20    the presumed father is a minor.
26-21          (c)  The form for acknowledgment of paternity must inform the
26-22    putative father that signing the acknowledgment of paternity with
26-23    the consent of the mother:
26-24                (1)  creates the parent-child relationship between him
26-25    and the child;
26-26                (2)  imposes upon him a legal duty to support the
 27-1    child; and
 27-2                (3)  enables a court to grant him the right of custody
 27-3    or visitation with the child.
 27-4          (d)  The form for denial of paternity must inform the man
 27-5    that signing the denial of paternity with the consent of the
 27-6    mother:
 27-7                (1)  legally determines his nonpaternity of the child;
 27-8                (2)  removes the legal duty that he support the child;
 27-9    and
27-10                (3)  terminates his right of custody or visitation with
27-11    the child.
27-12          Sec. 160.213.  VALIDITY OF FORMS.  The validity of an
27-13    acknowledgment of paternity or a denial of paternity is not
27-14    affected by a modification of the prescribed form by the bureau of
27-15    vital statistics that occurs after the acknowledgment of paternity
27-16    or denial of paternity is signed if the form met the requirements
27-17    of state law at the time it was signed.
27-18          Sec. 160.214.  RELEASE OF INFORMATION.  The bureau of vital
27-19    statistics shall release information relating to the acknowledgment
27-20    or denial of paternity and rescinding an acknowledgement or a
27-21    denial of paternity to the Title IV-D agency and any other person
27-22    authorized by law.
27-23          Sec. 160.215.  ADOPTION OF RULES.  The Title IV-D agency and
27-24    the bureau of vital statistics may adopt rules to implement this
27-25    subchapter.
27-26          Sec. 160.216.  MEMORANDUM OF UNDERSTANDING.  The Title IV-D
 28-1    agency and the bureau of vital statistics shall adopt a memorandum
 28-2    of understanding governing the collection and transfer of
 28-3    information for the voluntary acknowledgment of paternity.  The
 28-4    Title IV-D agency and the bureau of vital statistics shall review
 28-5    the memorandum semiannually and renew or modify the memorandum as
 28-6    necessary.
 28-7          SECTION 32.  Subsection (d), Section 160.251, Family Code, is
 28-8    amended to read as follows:
 28-9          (d)  A man is not required to register with the paternity
28-10    registry if he:
28-11                (1)  is presumed to be the biological father of a child
28-12    under Chapter 151; [or]
28-13                (2)  has been adjudicated to be the biological father
28-14    of a child by a court of competent jurisdiction; or
28-15                (3)  has filed an acknowledgment of paternity under
28-16    Subchapter C.
28-17          SECTION 33.  Subchapter D, Chapter 160, Family Code, is
28-18    amended by adding Section 160.2545 to read as follows:
28-19          Sec. 160.2545.  INFORMATION REGARDING REGISTRY, BIRTH
28-20    RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
28-21    VITAL STATISTICS.  (a)  On receipt of a request for a certificate
28-22    under Section 160.260 attesting to the results of a search of the
28-23    paternity registry, the bureau of vital statistics shall search:
28-24                (1)  notices of intent to claim paternity filed with
28-25    the registry under this subchapter;
28-26                (2)  birth records maintained by the bureau;
 29-1                (3)  acknowledgments of paternity filed with the bureau
 29-2    under Subchapter C; and
 29-3                (4)  central file records identifying a court of
 29-4    continuing jurisdiction and identifying the adjudicated father, if
 29-5    any.
 29-6          (b)  The bureau shall furnish information resulting from a
 29-7    search under Subsection (a) to the requestor.
 29-8          SECTION 34.  Subsection (b), Section 161.105, Family Code, is
 29-9    amended to read as follows:
29-10          (b)  The affidavit must:
29-11                (1)  state that the mother is not and has not been
29-12    married to the alleged father of the child;
29-13                (2)  state that the mother and alleged father have not
29-14    attempted to marry under the laws of this state or another state or
29-15    nation;
29-16                (3)  state that paternity has not been established
29-17    under the laws of any state or nation; and
29-18                (4)  contain one of the following, as applicable:
29-19                      (A)  the name and whereabouts of a man alleged to
29-20    be the father;
29-21                      (B)  the name of an alleged father and a
29-22    statement that the affiant does not know the whereabouts of the
29-23    father;
29-24                      (C)  a statement that an alleged father has
29-25    executed a statement or acknowledgment of paternity under Chapter
29-26    160 and an affidavit of relinquishment of parental rights under
 30-1    this chapter and that both affidavits have been filed with the
 30-2    court; or
 30-3                      (D)  a statement that the name of an alleged
 30-4    father is unknown.
 30-5          SECTION 35.  Subsection (b), Section 201.102, Family Code, is
 30-6    amended to read as follows:
 30-7          (b)  Except as provided by this subchapter, the [following]
 30-8    provisions of Subchapter A relating to an associate judge apply to
 30-9    a master appointed under this subchapter[:]
30-10                [(1)  the appearance of a party or witness before an
30-11    associate judge;]
30-12                [(2)  the papers transmitted to the judge by the
30-13    associate judge;]
30-14                [(3)  judicial action taken on an associate judge's
30-15    report;]
30-16                [(4)  hearings before the judge;]
30-17                [(5)  an appeal;]
30-18                [(6)  the effect of the associate judge's report
30-19    pending an appeal;]
30-20                [(7)  a jury trial;]
30-21                [(8)  the attendance of a bailiff; and]
30-22                [(9)  the presence of a court reporter].
30-23          SECTION 36.  Section 201.104, Family Code, is amended by
30-24    amending the heading and adding Subsections (c) and (d) to read as
30-25    follows:
30-26          Sec. 201.104.  [OTHER] POWERS AND DUTIES OF MASTER.
 31-1          (c)  A master may render and sign any order that is not a
 31-2    final order on the merits of the case.
 31-3          (d)  A master may recommend to the referring court any order
 31-4    after a trial on the merits.
 31-5          SECTION 37.  Subchapter B, Chapter 201, Family Code, is
 31-6    amended by adding Sections 201.1041 and 201.1042 to read as
 31-7    follows:
 31-8          Sec. 201.1041.  JUDICIAL ACTION ON MASTER'S REPORT.  (a)  If
 31-9    an appeal to the referring court is not filed or the right to
31-10    appeal is waived, a recommendation of the master, other than a
31-11    recommendation of enforcement by contempt or a recommendation of
31-12    the immediate incarceration of a party, shall become an order of
31-13    the referring court by operation of law without ratification by the
31-14    referring court.
31-15          (b)  A master's report that recommends enforcement by
31-16    contempt or the immediate incarceration of a party becomes an order
31-17    of the referring court only if the referring court signs an order
31-18    adopting the master's recommendation.
31-19          (c)  The decisions and recommendations of the master other
31-20    than a recommendation subject to Subsection (b) have full force and
31-21    effect and are enforceable as an order of the referring court
31-22    during an appeal of the master's report to the referring court.
31-23          Sec. 201.1042.  APPEAL TO REFERRING COURT.  (a)  Except as
31-24    provided in this section, Section 201.015 applies to an appeal of
31-25    the master's recommendations.
31-26          (b)  The party appealing a master's recommendation shall file
 32-1    notice with the referring court and the clerk of the court.
 32-2          (c)  A pretrial or temporary order rendered and signed by a
 32-3    master may not be appealed.
 32-4          (d)  A respondent who timely files an appeal of a master's
 32-5    report recommending incarceration after a finding of contempt shall
 32-6    be brought before the referring court not later than the first
 32-7    working day after the date of filing the appeal.  The referring
 32-8    court shall determine whether the respondent should be released on
 32-9    bond or whether the respondent's appearance in court at a
32-10    designated time and place can be otherwise assured.
32-11          (e)  If the respondent under Subsection (d) is released on
32-12    bond or other security, the referring court shall condition the
32-13    bond or other security on the respondent's promise to appear in
32-14    court for a hearing on the appeal at a designated date, time, and
32-15    place, and the referring court shall give the respondent notice of
32-16    the hearing in open court.  No other notice to the respondent is
32-17    required.
32-18          (f)  If the respondent under Subsection (d) is released
32-19    without posting bond or security, the court shall set a hearing on
32-20    the appeal at a designated date, time, and place and give the
32-21    respondent notice of the hearing in open court.  No other notice to
32-22    the respondent is required.
32-23          (g)  If the referring court is not satisfied that the
32-24    respondent's appearance in court can be assured and the respondent
32-25    remains incarcerated, a hearing on the appeal shall be held as soon
32-26    as practicable, but not later than the fifth day after the date the
 33-1    respondent's notice of appeal was filed, unless the respondent and,
 33-2    if represented, the respondent's attorney waive the accelerated
 33-3    hearing.
 33-4          SECTION 38.  Subchapter B, Chapter 201, Family Code, is
 33-5    amended by adding Section 201.1065 to read as follows:
 33-6          Sec. 201.1065.  SUPERVISION OF MASTERS.  (a)  Not later than
 33-7    January 1, 2000, the office of court administration and the
 33-8    presiding judges of the administrative judicial regions shall
 33-9    report to the legislature a plan to improve the efficiency of the
33-10    masters appointed under this subchapter and the masters'
33-11    participation in the child support enforcement program in the
33-12    state.
33-13          (b)  The plan must:
33-14                (1)  establish meaningful personnel performance
33-15    standards and performance evaluations for the masters and other
33-16    personnel appointed under this subchapter;
33-17                (2)  encourage or require uniform practices to the
33-18    extent possible;
33-19                (3)  address training needs and resource requirements
33-20    of the masters;
33-21                (4)  ensure accountability of the masters for complying
33-22    with applicable federal and state law; and
33-23                (5)  include a uniform process for receiving, handling,
33-24    and resolving complaints about individual masters or the child
33-25    support masters program under this subchapter.
33-26          (c)  The office of court administration shall assist the
 34-1    presiding judges in monitoring the masters' compliance with job
 34-2    performance standards and federal and state laws and policies.
 34-3          SECTION 39.  Subsection (b), Section 201.107, Family Code, is
 34-4    amended to read as follows:
 34-5          (b)  The presiding judges of the administrative judicial
 34-6    regions, state agencies, and counties may contract with the Title
 34-7    IV-D agency for available federal funds under Title IV-D to
 34-8    reimburse costs and salaries associated with masters and personnel
 34-9    appointed under this subchapter [section] and may also use
34-10    available state funds and public or private grants.
34-11          SECTION 40.  Section 201.111, Family Code, is amended by
34-12    amending the heading and Subsection (a) to read as follows:
34-13          Sec. 201.111.  TIME TO ACT ON MASTER'S REPORT THAT INCLUDES
34-14    FINDING OF CONTEMPT.  (a)  Not [Except as provided by Subsection
34-15    (b), not] later than the 30th day after the date a master's report
34-16    recommending a finding of contempt is filed, the referring court
34-17    shall:
34-18                (1)  adopt, approve, or reject the master's report;
34-19                (2)  hear further evidence; or
34-20                (3)  recommit the matter for further proceedings.
34-21          SECTION 41.  Subsection (a), Section 203.007, Family Code, is
34-22    amended to read as follows:
34-23          (a)  A domestic relations office may obtain the records
34-24    described by Subsections (b) and (c) that relate to a person who
34-25    has:
34-26                (1)  been ordered to pay child support;
 35-1                (2)  been designated as a possessory conservator or
 35-2    managing conservator of a child;
 35-3                (3)  been designated to be the father of a child; or
 35-4                (4)  executed a statement or acknowledgment of
 35-5    paternity.
 35-6          SECTION 42.  Section 231.0011, Family Code, is amended to
 35-7    read as follows:
 35-8          Sec. 231.0011.  DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
 35-9    FOR CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT.  (a)  The
35-10    [attorney general, as the] Title IV-D agency [for the State of
35-11    Texas] shall have final approval authority on any contract or
35-12    proposal for delivery of Title IV-D services under this section and
35-13    in coordination with the Texas Judicial Council, the Office of
35-14    Court Administration of the Texas Judicial System, the federal
35-15    Office of Child Support Enforcement, and state, county, and local
35-16    officials, shall develop and implement a statewide integrated
35-17    system for child support and medical support enforcement, employing
35-18    federal, state, local, and private resources to:
35-19                (1)  unify child support registry functions;
35-20                (2)  record and track all child support orders entered
35-21    in the state;
35-22                (3)  establish an automated enforcement process which
35-23    will use delinquency monitoring, billing, and other enforcement
35-24    techniques to ensure the payment of current support;
35-25                (4)  incorporate existing enforcement resources into
35-26    the system to obtain maximum benefit from state and federal
 36-1    funding; and
 36-2                (5)  ensure accountability for all participants in the
 36-3    process, including state, county, and local officials, private
 36-4    contractors, and the judiciary.
 36-5          (b)  [The attorney general shall convene a work group to
 36-6    determine a process and develop a timetable for implementation of a
 36-7    unified registry system and to identify any barriers to completion
 36-8    of the project.  The work group shall include representatives of
 36-9    the judiciary, district clerks, and domestic relations offices, as
36-10    well as other interested agencies, organizations, and individuals.
36-11    The work group shall report the results of its deliberations to the
36-12    governor, lieutenant governor, speaker of the house of
36-13    representatives, and attorney general on or before January 15,
36-14    1996.]
36-15          [(c)  The attorney general shall, in cooperation with the
36-16    work group established by this section, develop technical standards
36-17    for participation in the unified child support system, including
36-18    standard required data elements for effective monitoring of child
36-19    support and medical support orders and for the imposition of
36-20    interest on delinquent child support.]
36-21          [(d)]  Counties and other providers of child support services
36-22    shall be required, as a condition of participation in the unified
36-23    system, to enter into a contract with the Title IV-D agency
36-24    [attorney general], to comply with all federal requirements for the
36-25    Title IV-D program, and to maintain at least the current level of
36-26    funding for activities which are proposed to be included in the
 37-1    integrated child support system.
 37-2          (c)  The Title IV-D agency [(e)  The attorney general shall
 37-3    identify federal requirements, apply for necessary federal waivers,
 37-4    and provide technical system requirements and other information
 37-5    concerning participation in the system to counties and other
 37-6    providers of child support services not later than January 15,
 37-7    1996.  Counties shall notify the attorney general of existing
 37-8    resources and options for participation not later than May 1, 1996.]
 37-9          [(f)  Not later than June 1, 1996, the attorney general shall
37-10    produce a procurement and implementation plan for hardware and
37-11    software necessary to implement in phases a unified statewide
37-12    registry and enforcement system.]
37-13          [(g)  Effective January 15, 1996, the attorney general] may
37-14    contract with any county meeting technical system requirements
37-15    necessary to comply with federal law for provision of Title IV-D
37-16    services in that county.  All new cases in which support orders are
37-17    entered in such county after the effective date of a monitoring
37-18    contract shall be Title IV-D cases.  Any other case in the county,
37-19    subject to federal requirements and the agreement of the county and
37-20    the Title IV-D agency [attorney general], may be included as a
37-21    Title IV-D case.  Any obligee under a support order may refuse
37-22    Title IV-D enforcement services unless required to accept such
37-23    services pursuant to other law.
37-24          (d) [(h)]  Counties participating in the unified enforcement
37-25    system shall monitor all child support registry cases and on
37-26    delinquency may, subject to the approval of the Title IV-D agency,
 38-1    provide enforcement services through:
 38-2                (1)  direct provision of services by county personnel;
 38-3                (2)  subcontracting all or portions of the services to
 38-4    private entities or attorneys; or
 38-5                (3)  such other methods as may be approved by the Title
 38-6    IV-D agency.
 38-7          (e) [(i)  The attorney general shall undertake a least-cost
 38-8    review of its child support operations and shall use the
 38-9    information developed in such review to determine what, if any,
38-10    contribution of program funds generated through other Title IV-D
38-11    activities should be made to the participating counties.  The
38-12    attorney general, in cooperation with the counties and the federal
38-13    Office of Child Support Enforcement shall develop a cost allocation
38-14    methodology to assist the counties in identifying county
38-15    contributions which may qualify for federal financial
38-16    participation.]
38-17          [(j)]  The Title IV-D agency [attorney general] may phase in
38-18    the integrated child support registry and enforcement system, and
38-19    the requirement to implement the system shall be contingent on the
38-20    receipt of locally generated funds and federal reimbursement.
38-21    Locally generated funds include but are not limited to funds
38-22    contributed by counties and cities.
38-23          (f) [(k)]  The Title IV-D agency [attorney general] shall
38-24    adopt rules to implement this section.
38-25          (g) [(l)]  Participation in the statewide integrated system
38-26    for child support and medical support enforcement by a county is
 39-1    voluntary, and nothing in this section shall be construed to
 39-2    mandate participation.
 39-3          (h) [(m)]  This section does not limit the ability of the
 39-4    Title IV-D agency to enter into an agreement with a county for the
 39-5    provision of services as authorized under Section 231.002.
 39-6          SECTION 43.  Subchapter A, Chapter 231, Family Code, is
 39-7    amended by amending Section 231.002, as amended by Chapters 874 and
 39-8    911, Acts of the 75th Legislature, Regular Session, 1997, and
 39-9    Section 231.005 and adding Sections 231.011, 231.012, 231.013, and
39-10    231.014 to read as follows:
39-11          Sec. 231.002.  POWERS AND DUTIES.  (a)  The Title IV-D agency
39-12    may:
39-13                (1)  accept, transfer, and expend funds, subject to the
39-14    General Appropriations Act, made available by the federal or state
39-15    government or by another public or private source for the purpose
39-16    of carrying out this chapter;
39-17                (2)  adopt rules for the provision of child support
39-18    services;
39-19                (3)  initiate legal actions needed to implement this
39-20    chapter; and
39-21                (4)  enter into contracts or agreements necessary to
39-22    administer this chapter.
39-23          (b)  The Title IV-D agency may perform the duties and
39-24    functions necessary for locating children under agreements with the
39-25    federal government as provided by 42 U.S.C. Section 663.
39-26          (c)  The Title IV-D agency may enter into agreements or
 40-1    contracts with federal, state, or other public or private agencies
 40-2    or individuals for the purpose of carrying out this chapter.  The
 40-3    agreements or contracts between the agency and other state agencies
 40-4    or political subdivisions of the state are not subject to Chapter
 40-5    771 or [Chapter] 783, Government Code.
 40-6          (d)  Consistent with federal law and any international treaty
 40-7    or convention to which the United States is a party and that has
 40-8    been ratified by the United States Congress, the Title IV-D agency
 40-9    may:
40-10                (1)  on approval by and in cooperation with the
40-11    governor, pursue negotiations and enter into reciprocal
40-12    arrangements with the federal government, another state, or a
40-13    foreign country or a political subdivision of the federal
40-14    government, state, or foreign country to:
40-15                      (A)  establish and enforce child support
40-16    obligations; and
40-17                      (B)  establish mechanisms to enforce an order
40-18    providing for possession of or access to a child rendered under
40-19    Chapter 153;
40-20                (2)  spend money appropriated to the agency for child
40-21    support enforcement to engage in international child support
40-22    enforcement; and
40-23                (3)  spend other money appropriated to the agency
40-24    necessary for the agency to conduct the agency's activities under
40-25    Subdivision (1).
40-26          (e)  The Title IV-D agency may take the following
 41-1    administrative actions with respect to the location of a parent,
 41-2    the determination of parentage, and the establishment,
 41-3    modification, and enforcement of child support and medical support
 41-4    orders required by 42 U.S.C. Section 666(c), without obtaining an
 41-5    order from any other judicial or administrative tribunal:
 41-6                (1)  issue an administrative subpoena, as provided by
 41-7    Section 231.303, to obtain financial or other information;
 41-8                (2)  order genetic testing for parentage determination,
 41-9    as provided by Chapter 233;
41-10                (3)  order income withholding, as provided by Chapter
41-11    233, and issue an administrative writ of withholding, as provided
41-12    by Chapter 158; and
41-13                (4)  take any action with respect to execution,
41-14    collection, and release of a judgment or lien for child support
41-15    necessary to satisfy the judgment or lien, as provided by Chapter
41-16    157.
41-17          (f) [(e)]  The Title IV-D agency shall recognize and enforce
41-18    the authority of the Title IV-D agency of another state to take
41-19    actions similar to the actions listed in this section [Subsection
41-20    (d)].
41-21          (g) [(f)]  The Title IV-D agency shall develop and use
41-22    procedures for the administrative enforcement of interstate cases
41-23    meeting the requirements of 42 U.S.C. Section 666(a)(14) under
41-24    which the agency:
41-25                (1)  shall promptly respond [within five business days]
41-26    to a request made by another state for assistance in a Title IV-D
 42-1    case; and
 42-2                (2)  may, by electronic or other means, transmit to
 42-3    another state a request for assistance in a Title IV-D case.
 42-4          Sec. 231.005.  BIENNIAL REPORT REQUIRED.  (a)  The Title IV-D
 42-5    agency shall report to the legislature each biennium on:
 42-6                (1)  the effectiveness of the agency's child support
 42-7    enforcement activity in reducing the state's public assistance
 42-8    obligations;
 42-9                (2)  the use and effectiveness of all enforcement tools
42-10    authorized by state or federal law or otherwise available to the
42-11    agency; and
42-12                (3)  the progress and impact of the Title IV-D agency's
42-13    efforts to use private contractors to perform Title IV-D program
42-14    functions.
42-15          (b)  The agency shall develop a method for estimating the
42-16    costs and benefits of the child support enforcement program and the
42-17    effect of the program on appropriations for public assistance.
42-18          Sec. 231.011.  INTERAGENCY WORK GROUP.  (a)  The Title IV-D
42-19    agency shall convene a standing work group to develop and maintain
42-20    an interagency partnership strategy.  The director of the Title
42-21    IV-D agency shall lead the work group.
42-22          (b)  The work group shall consist of representatives from the
42-23    Department of Protective and Regulatory Services, the Texas
42-24    Department of Human Services, the Texas Department of Health, the
42-25    Texas Workforce Commission, and the office of the comptroller.  The
42-26    executive head of each agency shall appoint the agency's
 43-1    representative.  If the work group addresses an issue that is under
 43-2    the authority of the Health and Human Services Commission, the work
 43-3    group shall include a representative from that commission when
 43-4    addressing that issue.
 43-5          (c)  The interagency partnership strategy shall:
 43-6                (1)  identify methods to improve the exchange of data
 43-7    between the agencies represented in the work group;
 43-8                (2)  develop procedures to coordinate the child support
 43-9    efforts of each agency in the work group;
43-10                (3)  identify the benefits of contracts under which a
43-11    state agency provides child support services related to the
43-12    agency's core competency to the Title IV-D agency;
43-13                (4)  identify ways to improve client intake and client
43-14    referral;
43-15                (5)  develop methods to enhance foster care child
43-16    support collections;
43-17                (6)  increase the recovery of Medicaid for the Title
43-18    IV-D agency and the Texas Department of Health; and
43-19                (7)  examine the benefits of contracts under which the
43-20    comptroller or a private entity provides services regarding the
43-21    receipt and payment of child support.
43-22          (d)  Each agency represented on the work group shall identify
43-23    specific child support services that are related to the agency's
43-24    areas of core competence and may be provided by the agency under a
43-25    contract.  The state auditor and the State Council on Competitive
43-26    Government shall assist:
 44-1                (1)  the agencies in identifying the child support
 44-2    services that are within the agency's core competency; and
 44-3                (2)  the work group in developing strategies to obtain
 44-4    child support services from the agencies.
 44-5          Sec. 231.012.  COUNTY ADVISORY WORK GROUP.  (a)  The director
 44-6    of the Title IV-D agency shall establish a county advisory work
 44-7    group to assist the Title IV-D agency in developing and changing
 44-8    child support programs that affect counties.  The work group shall
 44-9    consist of at least one of each of the following:
44-10                (1)  county judge;
44-11                (2)  county commissioner;
44-12                (3)  district clerk;
44-13                (4)  domestic relations officer;
44-14                (5)  Title IV-D master; and
44-15                (6)  district court judge.
44-16          (b)  The director of the Title IV-D agency shall appoint the
44-17    members of the work group after consulting with the relevant
44-18    professional or trade associations of the professions that are
44-19    represented on the work group.  The director of the Title IV-D
44-20    agency shall determine the number of members of the work group and
44-21    shall designate the presiding officer of the group.
44-22          (c)  The work group shall:
44-23                (1)  advise the director of the Title IV-D agency of
44-24    the impact on counties that a proposed child support program or a
44-25    change in a program may have;
44-26                (2)  establish a state-county child support improvement
 45-1    plan;
 45-2                (3)  advise the Title IV-D agency on the operation of
 45-3    the state disbursement unit;
 45-4                (4)  plan for monetary incentives for county
 45-5    partnership programs;
 45-6                (5)  expand the number of agreements with counties for
 45-7    enforcement services; and
 45-8                (6)  work with relevant statewide associations on a
 45-9    model partnership agreement.
45-10          (d)  A work group member or the member's designee may not
45-11    receive compensation but is entitled to reimbursement for actual
45-12    and necessary expenses incurred in performing the member's duties
45-13    under this section.
45-14          (e)  The work group is not an advisory committee as defined
45-15    by Section 2110.001, Government Code.  Chapter 2110, Government
45-16    Code, does not apply to the work group.
45-17          Sec. 231.013.  INFORMATION RESOURCES STEERING COMMITTEE.
45-18    (a)  The Title IV-D agency shall create an information resources
45-19    steering committee to:
45-20                (1)  oversee information resource project development
45-21    for the Title IV-D agency;
45-22                (2)  make strategic prioritization recommendations;
45-23                (3)  facilitate development of accurate information for
45-24    the director of the Title IV-D agency; and
45-25                (4)  perform other functions as determined by the
45-26    director of the Title IV-D agency.
 46-1          (b)  The steering committee must include a senior management
 46-2    executive representing each significant function of the Title IV-D
 46-3    agency.  The steering committee may include a person representing:
 46-4                (1)  counties; or
 46-5                (2)  a vendor contracting with the Title IV-D agency.
 46-6          (c)  The director of the Title IV-D agency shall appoint the
 46-7    members of the steering committee after consulting with the
 46-8    Department of Information Resources.
 46-9          Sec. 231.014.  PERSONNEL.  The director of the Title IV-D
46-10    agency shall provide to the employees of the Title IV-D agency, as
46-11    often as necessary, information regarding the requirements for
46-12    employment under this title, including information regarding a
46-13    person's responsibilities under applicable laws relating to
46-14    standards of conduct for state employees.
46-15          SECTION 44.  Subsection (b), Section 231.106, Family Code, is
46-16    amended to read as follows:
46-17          (b)  The Title IV-D agency shall send a copy of the notice of
46-18    termination of assignment to the court ordering the support and to
46-19    the child support registry, and on receipt of the notice the clerk
46-20    of the court shall file the notice in the appropriate case file.
46-21    The clerk may not require an order of the court to terminate the
46-22    assignment and direct support payments to the person entitled to
46-23    receive the payment.
46-24          SECTION 45.  Section 231.108, Family Code, is amended by
46-25    adding Subsection (f) to read as follows:
46-26          (f)  The Title IV-D agency, by rule, may provide for the
 47-1    release of information to persons for purposes not prohibited by
 47-2    federal law.
 47-3          SECTION 46.  Subchapter B, Chapter 231, Family Code, is
 47-4    amended by amending Section 231.112 and Section 231.115, as added
 47-5    by Chapter 911, Acts of the 75th Legislature, Regular Session,
 47-6    1997, renumbering and amending Section 231.115, as added by Chapter
 47-7    165, Acts of the 75th Legislature, Regular Session, 1997, and
 47-8    adding Sections 231.118, 231.119, and 231.120 to read as follows:
 47-9          Sec. 231.112.  INFORMATION ON PATERNITY ESTABLISHMENT.  On
47-10    notification by the state registrar under Section 192.005(d),
47-11    Health and Safety Code, that the items relating to the child's
47-12    father are not completed on a birth certificate filed with the
47-13    state registrar, the Title IV-D agency may provide to:
47-14                (1)  the child's mother and, if possible, the man
47-15    claiming to be the child's biological father written information
47-16    necessary for the man to complete a statement or acknowledgment of
47-17    paternity as provided by Chapter 160; and
47-18                (2)  the child's mother written information:
47-19                      (A)  explaining the benefits of having the
47-20    child's paternity established; and
47-21                      (B)  regarding the availability of paternity
47-22    establishment and child support enforcement services.
47-23          Sec. 231.115.  NONCOOPERATION BY RECIPIENT OF PUBLIC
47-24    ASSISTANCE.  (a)  The failure by a person who is a recipient of
47-25    public assistance under Chapter 31, Human Resources Code, to
47-26    provide accurate information as required by Section 31.0315, Human
 48-1    Resources Code, shall serve as the basis for a determination by the
 48-2    Title IV-D agency that the person did not cooperate with the Title
 48-3    IV-D agency.
 48-4          (b)  The Title IV-D agency shall:
 48-5                (1)  identify [adopt rules establishing] the actions or
 48-6    failures to act by a recipient of public assistance that constitute
 48-7    noncooperation with the Title IV-D agency;
 48-8                (2)  adopt rules governing noncompliance; and
 48-9                (3)  send noncompliance determinations to the Texas
48-10    Department of Human Services for immediate imposition of sanctions.
48-11          (c)  In adopting rules under this section that establish the
48-12    basis for determining that a person has failed to cooperate with
48-13    the Title IV-D agency, the Title IV-D agency shall consider
48-14    whether:
48-15                (1)  good cause exists for the failure to cooperate;
48-16                (2)  the person has failed to disclose the name and
48-17    location of an alleged or probable parent of the child, if known by
48-18    the person, at the time of applying for public assistance or at a
48-19    subsequent time; and
48-20                (3)  the person named a man as the alleged father and
48-21    the man was subsequently excluded by parentage testing as being the
48-22    father if the person has previously named another man as the
48-23    child's father.
48-24          Sec. 231.117 [231.115].  UNEMPLOYED NONCUSTODIAL PARENTS.
48-25    (a)  The Title IV-D agency shall refer to appropriate state and
48-26    local entities that assist unemployed noncustodial parents in
 49-1    gaining employment any unemployed noncustodial parent who is in
 49-2    arrears in court-ordered child support payments to a child who:
 49-3                (1)  receives financial assistance under Chapter 31,
 49-4    Human Resources Code; or
 49-5                (2)  is otherwise eligible to receive financial
 49-6    assistance under Chapter 31, Human Resources Code, and for whom the
 49-7    Department of Protective and Regulatory Services is providing
 49-8    substitute care.
 49-9          (b)  A referral under Subsection (a) may include:
49-10                (1)  skills training and job placement through:
49-11                      (A)  the Texas Workforce Commission; or
49-12                      (B)  the agency responsible for the food stamp
49-13    employment and training program (7 U.S.C. Section 2015(d));
49-14                (2)  referrals to education and literacy classes; and
49-15                (3)  counseling regarding:
49-16                      (A)  substance abuse;
49-17                      (B)  parenting skills;
49-18                      (C)  life skills; and
49-19                      (D)  mediation techniques.
49-20          (c)  The Title IV-D agency may require an unemployed
49-21    noncustodial parent to complete the training, classes, or
49-22    counseling the parent is referred to under this section.  The
49-23    agency shall suspend under Chapter 232 the license of a parent who
49-24    fails to comply with the requirements of this subsection.
49-25          (d)  A court or the Title IV-D agency may issue an order that
49-26    requires the parent to either work, have a plan to pay overdue
 50-1    child support, or participate in work activities appropriate to pay
 50-2    the overdue support.
 50-3          Sec. 231.118.  SERVICE OF CITATION.  (a)  The Title IV-D
 50-4    agency may contract with private process servers to serve a
 50-5    citation, a subpoena, an  order, or any other document required or
 50-6    appropriate under law to be served a party.
 50-7          (b)  For the purposes of Rule 103 of the Texas Rules of Civil
 50-8    Procedure, a person that serves a citation or any other document
 50-9    under this section is authorized to serve the document without a
50-10    written court order authorizing the service.
50-11          (c)  Issuance and return of the process shall be made in
50-12    accordance with law and shall be verified by the person serving the
50-13    document.
50-14          Sec. 231.119.  OMBUDSMAN PROGRAM.  (a)  The Title IV-D agency
50-15    shall establish an ombudsman program to process and track
50-16    complaints against the Title IV-D agency.  The director of the
50-17    Title IV-D agency shall:
50-18                (1)  designate an employee to serve as chief ombudsman
50-19    to manage the ombudsman program; and
50-20                (2)  designate an employee in each field office to act
50-21    as the ombudsman for the office.
50-22          (b)  The Title IV-D agency shall develop and implement a
50-23    uniform process for receiving and resolving complaints against the
50-24    Title IV-D agency throughout the state.  The process shall include
50-25    statewide procedures to inform the public and recipients of Title
50-26    IV-D services of the right to file a complaint against the Title
 51-1    IV-D agency, including the mailing addresses and telephone numbers
 51-2    of appropriate Title IV-D agency personnel responsible for
 51-3    receiving complaints and providing related assistance.
 51-4          (c)  The ombudsman in each field office shall ensure that an
 51-5    employee in the field office responds to and attempts to resolve
 51-6    each complaint that is filed with the field office.  If a complaint
 51-7    cannot be resolved at the field office level, the ombudsman in the
 51-8    field office shall refer the complaint to the chief ombudsman.
 51-9          (d)  The Title IV-D agency shall maintain a file on each
51-10    written complaint filed with the Title IV-D agency.  The file must
51-11    include:
51-12                (1)  the name of the person who filed the complaint;
51-13                (2)  the date the complaint is received by the Title
51-14    IV-D agency;
51-15                (3)  the subject matter of the complaint;
51-16                (4)  the name of each person contacted in relation to
51-17    the complaint;
51-18                (5)  a summary of the results of the review or
51-19    investigation of the complaint; and
51-20                (6)  an explanation of the reason the file was closed,
51-21    if the agency closed the file without taking action other than to
51-22    investigate the complaint.
51-23          (e)  The Title IV-D agency, at least quarterly until final
51-24    disposition of the complaint, shall notify the person filing the
51-25    complaint and each person who is a subject of the complaint of the
51-26    status of the investigation of the complaint unless the notice
 52-1    would jeopardize an undercover investigation.
 52-2          (f)  The Title IV-D agency shall provide to the person filing
 52-3    the complaint and to each person who is a subject of the complaint
 52-4    a copy of the Title IV-D agency's policies and procedures relating
 52-5    to complaint investigation and resolution.
 52-6          Sec. 231.120.  TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS.  The
 52-7    Title IV-D agency shall maintain a toll-free telephone number at
 52-8    which personnel are available during normal business hours to
 52-9    answer questions from employers responsible for withholding child
52-10    support.  The Title IV-D agency shall inform employers about the
52-11    toll-free telephone number.
52-12          SECTION 47.  Section 231.204, Family Code, is amended to read
52-13    as follows:
52-14          Sec. 231.204.  PROHIBITED FEES IN TITLE IV-D CASES.  Except
52-15    as provided by this subchapter, an appellate court, a clerk of an
52-16    appellate court, a district or county clerk, sheriff, constable, or
52-17    other government officer or employee may not charge the Title IV-D
52-18    agency or a private attorney or political subdivision that has
52-19    entered into a contract to provide Title IV-D services any fees or
52-20    other amounts otherwise imposed by law for services rendered in, or
52-21    in connection with, a Title IV-D case, including:
52-22                (1)  a fee payable to a district clerk for:
52-23                      (A)  performing services related to the estates
52-24    of deceased persons or minors;
52-25                      (B)  certifying copies; or
52-26                      (C)  comparing copies to originals;
 53-1                (2)  a court reporter fee, except as provided by
 53-2    Section 231.209;
 53-3                (3)  a judicial fund fee;
 53-4                (4)  a fee for a child support registry, enforcement
 53-5    office, or domestic relations office; and
 53-6                (5)  a fee for alternative dispute resolution services.
 53-7          SECTION 48.  Section 231.301, Family Code, is amended to read
 53-8    as follows:
 53-9          Sec. 231.301.  TITLE IV-D PARENT LOCATOR SERVICES.  (a)  The
53-10    parent locator service conducted by the Title IV-D agency shall be
53-11    used to obtain information for:
53-12                (1)  child support establishment and enforcement
53-13    purposes regarding the identity, social security number, location,
53-14    employer and employment benefits, income, and assets or debts of
53-15    any individual under an obligation to pay child or medical support
53-16    or to whom a support obligation is owed; or
53-17                (2)  the establishment of paternity.
53-18          (b)  As authorized by federal law, the following persons may
53-19    receive information under this section:
53-20                (1)  a person or entity that contracts with the Title
53-21    IV-D agency to provide services authorized under Title IV-D or an
53-22    employee of the Title IV-D agency;
53-23                (2)  an attorney who has the duty or authority, by law,
53-24    to enforce an order for possession of or access to a child;
53-25                (3)  a court, or an agent of the court, having
53-26    jurisdiction to render or enforce an order for possession of or
 54-1    access to a child;
 54-2                (4)  the resident parent, legal guardian, attorney, or
 54-3    agent of a child who is not receiving public assistance; and
 54-4                (5)  a state agency that administers a program operated
 54-5    under a state plan as provided by 42 U.S.C. Section 653(c).
 54-6          SECTION 49.  Section 231.305, Family Code, is amended to read
 54-7    as follows:
 54-8          Sec. 231.305.  MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
 54-9    FOR CHILDREN RECEIVING PUBLIC ASSISTANCE.  (a)  The Title IV-D
54-10    agency and the Texas Department of Human Services by rule shall
54-11    adopt a memorandum of understanding governing the establishment and
54-12    enforcement of court-ordered child support in cases involving
54-13    children who receive financial assistance under Chapter 31, Human
54-14    Resources Code.  The memorandum shall require the agency and the
54-15    department to:
54-16                (1)  develop procedures to ensure that the information
54-17    the department is required to collect to establish and enforce
54-18    child support:
54-19                      (A)  is collected from the person applying to
54-20    receive the financial assistance at the time the application is
54-21    filed;
54-22                      (B)  is accurate and complete when the department
54-23    forwards the information to the agency; [and]
54-24                      (C)  is not information previously reported to
54-25    the agency; and
54-26                      (D)  is forwarded to the agency in an expeditious
 55-1    manner;
 55-2                (2)  develop procedures to ensure that the agency does
 55-3    not duplicate the efforts of the department in gathering necessary
 55-4    information;
 55-5                (3)  clarify each agency's responsibilities in the
 55-6    establishment and enforcement of child support; [and]
 55-7                (4)  develop guidelines for use by eligibility workers
 55-8    and child support enforcement officers in obtaining from an
 55-9    applicant the information required to establish and enforce child
55-10    support for that child;
55-11                (5)  develop training programs for appropriate
55-12    department personnel to enhance the collection of information for
55-13    child support enforcement;
55-14                (6)  develop a standard time, not to exceed 30 days,
55-15    for the department to initiate a sanction on request from the
55-16    agency;
55-17                (7)  develop procedures for agency participation in
55-18    department appeal hearings relating to noncompliance sanctions;
55-19                (8)  develop performance measures regarding the
55-20    timeliness and the number of sanctions resulting from agency
55-21    requests for noncompliance sanctions; and
55-22                (9)  prescribe:
55-23                      (A)  the time in which the department is required
55-24    to forward information under Subdivision (1)(D); and
55-25                      (B)  what constitutes complete information under
55-26    Subdivision (1)(B).
 56-1          (b)  The Title IV-D agency and the Texas Department of Human
 56-2    Services [semiannually] shall review and renew or modify the
 56-3    memorandum not later than January 1 of each even-numbered year [as
 56-4    necessary].
 56-5          SECTION 50.  Subsection (b), Section 232.004, Family Code, is
 56-6    amended to read as follows:
 56-7          (b)  In a Title IV-D case, the petition shall be filed with
 56-8    the Title IV-D agency, the court of continuing jurisdiction, or the
 56-9    tribunal in which a child support order has been registered under
56-10    Chapter 159.  The tribunal in which the petition is filed obtains
56-11    jurisdiction over the matter.
56-12          SECTION 51.  Subsection (b), Section 233.001, Family Code, as
56-13    added by Chapter 420, Acts of the 75th Legislature, Regular
56-14    Session, 1997, is amended to read as follows:
56-15          (b)  The state case registry shall provide to a custodial
56-16    parent under Subsection (a) who makes a request for information or,
56-17    to the extent provided by federal law, to an attorney, friend of
56-18    the court, guardian ad litem, or domestic relations office
56-19    designated by the parent any information in the registry required
56-20    by 42 U.S.C. Section 654a(e) concerning the parent's case[,
56-21    including:]
56-22                [(1)  the noncustodial parent's address, social
56-23    security number, and employer's name and address;]
56-24                [(2)  the amount and location of real and personal
56-25    property owned by the noncustodial parent;]
56-26                [(3)  the name and address of financial institutions in
 57-1    which the noncustodial parent has an account and each account
 57-2    number; and]
 57-3                [(4)  any other information the disclosure of which is
 57-4    not specifically prohibited by federal law].
 57-5          SECTION 52.  Section 233.005, Family Code, as redesignated by
 57-6    Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
 57-7    is amended to read as follows:
 57-8          Sec. 233.005.  INITIATING ADMINISTRATIVE ACTIONS.  An
 57-9    administrative action under this chapter may be initiated by
57-10    issuing a notice of child support review under Section 233.006 or a
57-11    notice of proposed child support review order under Section 233.009
57-12    or 233.0095 to each party entitled to notice.
57-13          SECTION 53.  Chapter 233, Family Code, as redesignated by
57-14    Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
57-15    is amended by adding Section 233.0095 to read as follows:
57-16          Sec. 233.0095.  NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER
57-17    IN CASES OF ACKNOWLEDGED PATERNITY.  (a)  If an individual has
57-18    signed the acknowledgment of paternity as the father of the child
57-19    or executed a statement of paternity, the Title IV-D agency may
57-20    serve on the parties a notice of proposed child support review
57-21    order.
57-22          (b)  The notice of proposed child support review order shall
57-23    state:
57-24                (1)  the amount of periodic payment of child support
57-25    due;
57-26                (2)  that the person identified in the notice as the
 58-1    party responsible for payment of the support amounts may only
 58-2    contest the amount of monthly support; and
 58-3                (3)  that, if the person identified in the notice as
 58-4    the party responsible for payment of the support amounts does not
 58-5    contest the notice in writing or request a negotiation conference
 58-6    to discuss the notice not later than the 15th day after the date
 58-7    the notice was delivered, the Title IV-D agency may file the child
 58-8    support order for child support and for medical support for the
 58-9    child as provided by Chapter 154 according to the information
58-10    available to the agency.
58-11          (c)  The Title IV-D agency may schedule a negotiation
58-12    conference without a request from a party.
58-13          (d)  The Title IV-D agency shall schedule a negotiation
58-14    conference on the timely request of a party.
58-15          (e)  The Title IV-D agency may conduct a negotiation
58-16    conference, or any part of a negotiation conference, by telephone
58-17    conference call, by video conference, or in person and may adjourn
58-18    the conference for a reasonable time to permit mediation of issues
58-19    that cannot be resolved by the parties and the agency.
58-20          SECTION 54.  Subsection (c), Section 233.019, Family Code, as
58-21    redesignated and amended by Chapter 911, Acts of the 75th
58-22    Legislature, Regular Session, 1997, is amended to read as follows:
58-23          (c)  If applicable, a statement or acknowledgment of
58-24    paternity or a written report of a parentage testing expert and any
58-25    documentary evidence relied upon by the agency shall be filed with
58-26    the agreed review order as an exhibit to the order.
 59-1          SECTION 55.  Subsection (b), Section 233.020, Family Code, as
 59-2    redesignated and amended by Chapter 911, Acts of the 75th
 59-3    Legislature, Regular Session, 1997, is amended to read as follows:
 59-4          (b)  Documentary evidence relied on by the Title IV-D agency,
 59-5    including, if applicable, a statement or acknowledgment of
 59-6    paternity or a written report of a parentage testing expert, shall
 59-7    be filed with the clerk as exhibits to the petition, but are not
 59-8    required to be served on the parties.  The petition must identify
 59-9    the exhibits that are filed with the clerk.
59-10          SECTION 56.  Subchapter A, Chapter 234, Family Code, as added
59-11    by Chapter 911, Acts of the 75th Legislature, Regular Session,
59-12    1997, is amended by amending Sections 234.001, 234.002, and 234.003
59-13    and adding Sections 234.006, 234.007, and 234.008 to read as
59-14    follows:
59-15          Sec. 234.001.  ESTABLISHMENT AND OPERATION OF STATE CASE
59-16    [UNIFIED] REGISTRY AND STATE DISBURSEMENT UNIT.  (a)  The Title
59-17    IV-D agency shall establish and operate a [unified] state case
59-18    registry and state disbursement unit meeting the requirements of 42
59-19    U.S.C. Sections 654a(e) and 654b.
59-20          (b)  The state case registry [and unit] shall[:]
59-21                [(1)]  maintain records of child support orders in
59-22    Title IV-D cases and in other cases in which a child support order
59-23    has been established or modified in this state on or after October
59-24    1, 1998.[;]
59-25          (c)  The state disbursement unit shall:
59-26                (1) [(2)]  receive, maintain, and furnish records of
 60-1    child support payments in Title IV-D cases and other cases as
 60-2    required by law;
 60-3                (2)  forward [(3)  in a Title IV-D case, monitor
 60-4    support payments and initiate appropriate enforcement actions
 60-5    immediately on the occurrence of a delinquency in payment;]
 60-6                [(4)  distribute] child support payments as required by
 60-7    law; and
 60-8                (3) [(5)]  maintain [custody of official] child support
 60-9    payment records made through the state [in the registry and]
60-10    disbursement unit.
60-11          Sec. 234.002.  INTEGRATED SYSTEM FOR CHILD SUPPORT AND
60-12    MEDICAL SUPPORT ENFORCEMENT.  The statewide integrated system for
60-13    child support and medical support enforcement under Chapter 231
60-14    shall be part of the [unified] state case registry and state
60-15    disbursement unit authorized by this subchapter.
60-16          Sec. 234.003.  WORK GROUP; COOPERATION REQUIRED.  (a)  The
60-17    Title IV-D agency shall convene a work group to develop procedures
60-18    for the establishment and operation of the [unified] state case
60-19    registry and state disbursement unit.  The work group shall consist
60-20    of representatives of the judiciary, district clerks, domestic
60-21    relations offices, and the bureau of vital statistics, as well as
60-22    other county and state agencies, and other appropriate entities,
60-23    identified by the Title IV-D agency.  To the extent possible, the
60-24    work group shall consolidate the reporting of information relating
60-25    to court orders required of clerks of courts under this title.
60-26          (b)  The work group shall meet at least quarterly [Title IV-D
 61-1    agency shall, in cooperation with the work group established under
 61-2    this section, adopt rules and prescribe forms to implement this
 61-3    subchapter].
 61-4          (c)  A work group member or the member's designee may not
 61-5    receive compensation but is entitled to reimbursement for actual
 61-6    and necessary expenses incurred in performing the member's duties
 61-7    under this section.
 61-8          (d)  The work group is not an advisory committee as defined
 61-9    by Section 2110.001, Government Code.  Chapter 2110, Government
61-10    Code, does not apply to the work group.
61-11          (e)  This section expires December 31, 2000.
61-12          Sec. 234.006.  EFFECTIVE DATE AND PROCEDURES.  The Title IV-D
61-13    agency shall, in cooperation with the work group established under
61-14    Section 234.003, adopt rules, in compliance with federal law, that
61-15    establish the definitions for, and the date of and the procedures
61-16    for operation of, the state case registry and the state
61-17    disbursement unit.
61-18          Sec. 234.007.  NOTICE OF PLACE OF PAYMENT.  (a)  The Title
61-19    IV-D agency shall notify the courts that the state disbursement
61-20    unit has been established.  After receiving notice of the
61-21    establishment of the state disbursement unit, a court that orders
61-22    income to be withheld for child support shall order that all income
61-23    withheld for child support be paid to the state disbursement unit.
61-24          (b)  In order to redirect payments from a local registry to
61-25    the state disbursement unit after the date of the establishment of
61-26    the state disbursement unit, the Title IV-D agency shall issue a
 62-1    notice of place of payment informing the obligor, obligee, and
 62-2    employer that income withheld for child support is to be paid to
 62-3    the state disbursement unit.
 62-4          (c)  A copy of the notice under Subsection (b) shall be filed
 62-5    with the court of continuing jurisdiction and with the local child
 62-6    support registry.
 62-7          (d)  The notice under Subsection (b) must include:
 62-8                (1)  the name of the child for whom support is ordered
 62-9    and of the person to whom support is ordered by the court to be
62-10    paid;
62-11                (2)  the style and cause number of the case in which
62-12    support is ordered; and
62-13                (3)  instructions for the payment of ordered support to
62-14    the state disbursement unit.
62-15          (e)  On receipt of a copy of the notice under Subsection (b),
62-16    the clerk of the court shall file the notice in the appropriate
62-17    case file.
62-18          Sec. 234.008.  DISTRIBUTION AND RETURN OF PAYMENTS.  (a)  Not
62-19    later than the second business day after the date the state
62-20    disbursement unit receives a child support payment, the state
62-21    disbursement unit shall distribute the payment to the Title IV-D
62-22    agency or the obligee.
62-23          (b)  Not later than the fifth business day after the date the
62-24    state disbursement unit receives a child support payment, the state
62-25    disbursement unit shall return the payment to the person who
62-26    remitted the payment if the state disbursement unit:
 63-1                (1)  does not process child support payments for the
 63-2    case for which the payment is made; or
 63-3                (2)  has insufficient information identifying the payee
 63-4    for whom the payment is made.
 63-5          SECTION 57.  Subtitle D, Title 5, Family Code, is amended by
 63-6    adding Chapter 237 to read as follows:
 63-7                CHAPTER 237.  REGISTRATION OF PRIVATE CHILD
 63-8                        SUPPORT COLLECTION ENTITIES
 63-9                     SUBCHAPTER A.  GENERAL PROVISIONS
63-10          Sec. 237.001.  DEFINITIONS.  In this chapter:
63-11                (1)  "Child support investigator" means a person
63-12    directly charged with collecting child support or enforcing child
63-13    support obligations through collection activities or who is
63-14    responsible for receiving and processing payments of child support
63-15    received by a collection entity.
63-16                (2)  "Collection entity" means a private business
63-17    entity that  serves as a child support collection agency by
63-18    collecting or enforcing child support for a fee or consideration.
63-19    The term does not include:
63-20                      (A)  the Title IV-D agency;
63-21                      (B)  a local registry;
63-22                      (C)  a county domestic relations office or entity
63-23    with similar duties operated by a unit of county government;
63-24                      (D)  a local juvenile or adult probation office;
63-25                      (E)  a contractor awarded a contract under
63-26    Chapter 234, as added by Chapter 420, Acts of the 75th Legislature,
 64-1    Regular Session, 1997; or
 64-2                      (F)  an attorney licensed in this state who
 64-3    individually contracts to provide legal services to a child support
 64-4    obligee, if the attorney is not employed by a collection entity and
 64-5    a collection entity does not share in any recovery made by the
 64-6    attorney on behalf of the obligee.
 64-7                (3)  "Registered location" means a business location
 64-8    for which a collection entity's certificate of registration is
 64-9    issued under this chapter.
64-10                 SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
64-11          Sec. 237.051.  TITLE IV-D AGENCY.  The Title IV-D agency is
64-12    responsible for the registration of collection entities as provided
64-13    by this chapter.  The Title IV-D agency shall enforce this chapter
64-14    and the rules adopted by the Title IV-D agency under this chapter.
64-15          Sec. 237.052.  FEES.  (a)  The Title IV-D agency shall
64-16    require payment of a nonrefundable:
64-17                (1)  application fee by an applicant for a certificate
64-18    of registration; and
64-19                (2)  renewal fee by a certificate holder to renew a
64-20    certificate of registration under this chapter.
64-21          (b)  The application fee is due on the date the applicant
64-22    submits an application for registration.  The renewal fee is due on
64-23    the date that a certificate holder submits an application to renew
64-24    a registration.
64-25          (c)  The Title IV-D agency by rule shall adopt the fees
64-26    required for an application for registration and for renewal of
 65-1    registration in amounts sufficient to cover the Title IV-D agency's
 65-2    costs of administering the agency's duties under this chapter.
 65-3          Sec. 237.053.  DEPOSIT OF FEES; ACCOUNT.  The child support
 65-4    registration account is an account in the general revenue fund.
 65-5    The Title IV-D agency shall deposit fees received under this
 65-6    chapter to the credit of the child support registration account.
 65-7    Money in the account may be appropriated only for use by the Title
 65-8    IV-D agency to administer this chapter.
 65-9                        SUBCHAPTER C.  REGISTRATION
65-10          Sec. 237.101.  REGISTRATION REQUIRED.  A collection entity
65-11    may not engage in the practice of collecting or enforcing child
65-12    support for a fee or consideration unless the entity is registered
65-13    with the Title IV-D agency under this chapter.
65-14          Sec. 237.102.  APPLICATION REQUIREMENTS.  (a)  An applicant
65-15    for registration as a collection entity must file with the Title
65-16    IV-D agency an application, on a form prescribed by the Title IV-D
65-17    agency, stating:
65-18                (1)  the name, street address, and telephone number and
65-19    other biographical information of each owner and officer of the
65-20    collection entity filing the application;
65-21                (2)  the name under which the applicant is doing or
65-22    intends to do business, if different from the applicant's name;
65-23                (3)  if the applicant is a corporation:
65-24                      (A)  the applicant's business name registered
65-25    with the secretary of state;
65-26                      (B)  the location of the applicant's registered
 66-1    business office; and
 66-2                      (C)  the name and address of each person who
 66-3    directly or indirectly owns or controls at least 10 percent of the
 66-4    outstanding shares of stock in the applicant's business;
 66-5                (4)  each location for which a certificate of
 66-6    registration will be issued and the applicant's principal business
 66-7    location;
 66-8                (5)  any assumed name under which the applicant is
 66-9    doing business;
66-10                (6)  the name, location, and  account numbers of each
66-11    of the applicant's bank accounts;
66-12                (7)  a detailed description of any litigation or
66-13    unresolved complaint, relating to the business operation of the
66-14    applicant, filed with a governmental authority of this state or any
66-15    other state in which the applicant does business;
66-16                (8)  any criminal conviction of an owner or officer of
66-17    the applicant;
66-18                (9)  any bankruptcy proceeding filed by an owner or
66-19    officer of the applicant;
66-20                (10)  the name and other biographical information of
66-21    each employee of the applicant who will serve as a child support
66-22    investigator; and
66-23                (11)  any other information the Title IV-D agency
66-24    determines would be relevant to a person who may use a collection
66-25    entity to collect child support.
66-26          (b)  The chief executive officer of the collection entity
 67-1    shall state in a notarized statement that the application is
 67-2    accurate and truthful in all respects.
 67-3          Sec. 237.103.  CRIMINAL BACKGROUND CHECK.  (a)  An applicant
 67-4    for registration shall submit to the Title IV-D agency, at the time
 67-5    of application and on request at least once during each 24-month
 67-6    period following issuance of a certificate of registration, the
 67-7    following information for use in conducting criminal history
 67-8    checks:
 67-9                (1)  the name of the owner of the collection entity;
67-10    and
67-11                (2)  the name of each person employed by the collection
67-12    entity.
67-13          (b)  The Title IV-D agency shall review information obtained
67-14    from the Department of Public Safety of the State of Texas and
67-15    shall, consistent with rules of the Title IV-D agency, take
67-16    appropriate action.
67-17          (c)  The Title IV-D agency by rule shall specify the type or
67-18    number of criminal convictions that would result in the denial,
67-19    suspension, or revocation of a certificate of registration.
67-20          Sec. 237.104.  SURETY BOND.  (a)  An application for
67-21    registration must be accompanied by a surety bond approved by the
67-22    Title IV-D agency.
67-23          (b)  The surety bond must be:
67-24                (1)  issued by a surety authorized to do business in
67-25    this state;
67-26                (2)  in the amount of $1 million;
 68-1                (3)  payable to the state for equitable distribution to
 68-2    the collection entity's clients; and
 68-3                (4)  conditioned on the collection entity's compliance
 68-4    with this chapter and other applicable laws of this state.
 68-5          (c)  The surety bond must be in favor of:
 68-6                (1)  the state for the benefit of a person damaged by a
 68-7    violation of this chapter or another applicable law of this state;
 68-8    and
 68-9                (2)  any person harmed by a violation of this chapter
68-10    or another applicable law of this state.
68-11          Sec. 237.105.  ISSUANCE OF REGISTRATION.  (a)  Except as
68-12    provided by Subsection (c), the Title IV-D agency by mail shall
68-13    issue a certificate of registration on receipt of:
68-14                (1)  a completed application;
68-15                (2)  the surety bond required by this chapter; and
68-16                (3)  the required application fee.
68-17          (b)  If a single application is made for the registration of
68-18    more than one registered location, the Title IV-D agency shall:
68-19                (1)  issue a certificate of registration for each
68-20    registered location; and
68-21                (2)  mail each of the certificates to the principal
68-22    business location stated in the application.
68-23          (c)  On a determination by the Title IV-D agency, based on
68-24    the information furnished in the application, that the registration
68-25    of a collection entity poses an imminent threat to the potential
68-26    clients of the collection entity, the Title IV-D agency may refuse
 69-1    to issue  a certificate of registration in accordance with rules of
 69-2    the Title IV-D agency, as provided by this chapter.
 69-3          Sec. 237.106.  DUTY TO UPDATE APPLICATION INFORMATION.  If
 69-4    the information provided in an application for registration
 69-5    changes, the certificate holder shall amend the application not
 69-6    later than the 45th day after the date on which the information
 69-7    changes.
 69-8          Sec. 237.107.  CERTIFICATE NONTRANSFERABLE.  A certificate of
 69-9    registration issued under this chapter is not transferable.
69-10          Sec. 237.108.  TERM; RENEWAL.  (a)  A certificate of
69-11    registration expires on the second anniversary of the date of
69-12    issuance.
69-13          (b)  A certificate of registration may be renewed as provided
69-14    by rules of the Title IV-D agency.
69-15          Sec. 237.109.  DUTY TO DISPLAY CERTIFICATE.  A certificate
69-16    holder shall display a certificate of registration issued under
69-17    this chapter in a conspicuous place at each registered location.
69-18                        SUBCHAPTER D.  SURETY BOND
69-19          Sec. 237.151.  CANCELLATION OF SURETY BOND.  (a)  Not later
69-20    than the 30th day before the date a surety bond required by this
69-21    chapter is canceled, a surety on the bond must provide written
69-22    notice of the cancellation to the Title IV-D agency.
69-23          (b)  If the surety bond required by this chapter is canceled
69-24    by the certificate holder, the Title IV-D agency shall suspend the
69-25    certificate holder's registration effective on the date of the
69-26    cancellation.
 70-1          Sec. 237.152.  CLAIM AGAINST BOND.  (a)  A person filing a
 70-2    claim against the surety bond of a collection entity for a
 70-3    violation of this chapter or another applicable law of this state
 70-4    may file suit against:
 70-5                (1)  the collection entity; and
 70-6                (2)  the surety.
 70-7          (b)  A suit under Subsection (a) may be commenced by a
 70-8    private attorney or by the Title IV-D agency for a person making a
 70-9    claim.
70-10          (c)  A surety is liable only for actual and punitive damages,
70-11    reasonable attorney's fees, and court costs awarded under this
70-12    chapter.
70-13          (d)  The aggregate liability of a surety for a collection
70-14    entity's  violation of this chapter may not exceed the amount of
70-15    the surety bond.
70-16          Sec. 237.153.  TERM OF SURETY BOND.  A surety bond under this
70-17    chapter must be maintained until the second anniversary of the date
70-18    on which the collection entity ceases to operate as a collection
70-19    entity.
70-20       SUBCHAPTER E.  CONTRACT FOR CHILD SUPPORT COLLECTION SERVICES
70-21          Sec. 237.201.  FORM AND TERMS OF CONTRACT.  A contract for
70-22    the collection of child support by a collection entity must be in
70-23    writing, dated, and signed by the person contracting with the
70-24    entity.  The contract must state:
70-25                (1)  the amount of the fee or other consideration to be
70-26    received by the collection entity;
 71-1                (2)  the address of the collection entity's principal
 71-2    business location;
 71-3                (3)  the name and address of the surety of the
 71-4    collection entity and an explanation of the person's right to
 71-5    proceed against the surety bond required under this chapter;
 71-6                (4)  a statement that the collection entity will
 71-7    provide to a client on request, without charge and at least
 71-8    quarterly, regardless of whether requested, a statement accounting
 71-9    for all money collected and retained by the entity for the client,
71-10    including all money retained by or paid to the entity as a fee or
71-11    as reimbursement for expenses or other costs; and
71-12                (5)  the name and address of the collection entity's
71-13    agent in this state authorized to receive service of process.
71-14          Sec. 237.202.  ISSUANCE OF CONTRACT AND OTHER DOCUMENTS.  A
71-15    collection entity shall provide to a person contracting with the
71-16    collection entity for the collection of child support, at the time
71-17    of signing the contract, a copy of the completed contract and any
71-18    other document the collection entity requires the person to sign.
71-19          Sec. 237.203.  MAXIMUM FEE PERMITTED.  (a)  A collection
71-20    entity may charge a reasonable fee for the collection of delinquent
71-21    child support as specified in the contract between the collection
71-22    entity and the client.
71-23          (b)  If the fee of the collection entity is computed as a
71-24    percentage of the delinquent child support, the contingent fee may
71-25    not exceed 33 percent of the amount of delinquent child support,
71-26    plus any required court costs.  A fee that complies with this
 72-1    subsection is considered to be reasonable.
 72-2          (c)  If the fee of the collection entity is a fixed fee or is
 72-3    based on an hourly rate, the fee may be in an amount agreed to by
 72-4    the client and the collection entity.
 72-5          (d)  A contract for child support collection that does not
 72-6    comply with this section is void.
 72-7          Sec. 237.204.  BREACH OF CONTRACT.  The breach by a
 72-8    collection entity of a contract for child support collection or of
 72-9    an obligation arising from the contract is a violation of this
72-10    chapter.
72-11          Sec. 237.205.  REQUIREMENT TO MAINTAIN COPY OF CONTRACT.  A
72-12    collection entity shall maintain in its records a copy of each
72-13    contract for child support collection entered into by the entity
72-14    until at least the third anniversary of the date the contract is
72-15    terminated.
72-16          Sec. 237.206.  CONTRACT OF UNREGISTERED COLLECTION ENTITY
72-17    VOID.  A contract for the collection of child support entered into
72-18    by an unregistered collection entity is void.
72-19                    SUBCHAPTER F.  DISCIPLINARY ACTIONS
72-20          Sec. 237.251.  SUSPENSION OF CERTIFICATE.  (a)  The Title
72-21    IV-D agency may suspend the certificate of registration of a
72-22    collection entity that has temporarily ceased operation but that
72-23    intends to resume operation before the date the registration
72-24    expires.
72-25          (b)  The Title IV-D agency may suspend a collection entity's
72-26    certificate of registration for a specific period rather than deny
 73-1    an application to renew the certificate or revoke the certificate
 73-2    if the Title IV-D agency determines that the certificate holder has
 73-3    repeatedly failed to comply with this chapter or rules adopted
 73-4    under this chapter.  A collection entity suspended under this
 73-5    subsection shall suspend its operations and, as a condition of
 73-6    reinstatement of the certificate, show the agency that the entity
 73-7    can comply with this chapter and the agency's rules during the
 73-8    suspension period.
 73-9          (c)  The Title IV-D agency shall revoke the certificate of a
73-10    collection entity that does not comply with this chapter or the
73-11    Title IV-D agency's rules before the expiration of the suspension
73-12    period under Subsection (b).
73-13          Sec. 237.252.  DENIAL OR REVOCATION OF CERTIFICATE; APPEAL.
73-14    (a)  The Title IV-D agency may deny an application for or renewal
73-15    of a certificate or revoke the certificate of a collection entity
73-16    that does not comply with this chapter or the rules of the Title
73-17    IV-D agency.
73-18          (b)  The Title IV-D agency shall notify the person operating
73-19    or applying to operate a collection entity of the reasons for the
73-20    denial or revocation and of the person's right to appeal the
73-21    decision.
73-22          (c)  A person who wishes to appeal a denial or revocation
73-23    under this section shall notify the director of the Title IV-D
73-24    agency by certified mail not later than the 30th day after the date
73-25    the person received the notice required by Subsection (b).  The
73-26    person shall send a copy of the notice of appeal to the director of
 74-1    the Title IV-D agency.
 74-2          (d)  The denial of an application for or renewal of a
 74-3    certificate or the revocation of a certificate and the appeal from
 74-4    that action are governed by the procedures for a contested case
 74-5    hearing under Chapter 2001, Government Code.  An appeal shall be
 74-6    heard by the State Office of Administrative Hearings.
 74-7          (e)  A person who has appealed to the State Office of
 74-8    Administrative Hearings a denial or revocation of a certificate may
 74-9    appeal that decision by filing a suit in a district court of Travis
74-10    County not later than the 30th day after the date of receiving
74-11    notice of the decision.  The standard of review for the suit shall
74-12    be by substantial evidence.
74-13          (f)  Records of the hearing shall be maintained until the
74-14    second anniversary of the date  a decision is rendered.  On
74-15    request, and at the person's own expense, the Title IV-D agency
74-16    shall provide a copy of the transcript of the hearing to a person
74-17    appealing a denial or revocation under this section.
74-18          (g)  A person may not operate as a collection entity during
74-19    the appeal of a certificate denial or revocation.
74-20          (h)  A person whose certificate is revoked may not apply for
74-21    a certificate under this chapter before the second anniversary of
74-22    the date on which the revocation takes effect by order of the Title
74-23    IV-D agency or court order.
74-24          Sec. 237.253.  EMERGENCY SUSPENSION AND CLOSURE OF COLLECTION
74-25    ENTITY.  (a)  The Title IV-D agency shall suspend on an emergency
74-26    basis a collection entity's certificate and order the immediate
 75-1    closing of the collection entity if the Title IV-D agency
 75-2    determines that the collection entity is operating in violation of
 75-3    this chapter or the rules adopted under this chapter.
 75-4          (b)  An emergency order suspending a certificate and closing
 75-5    a collection entity under this section takes effect immediately on
 75-6    the date the certificate holder receives written notice or on a
 75-7    later date specified in the order.
 75-8          (c)  The emergency suspension of a certificate and the
 75-9    closure of the collection entity under this section and the appeal
75-10    from that action are governed by the procedures for a contested
75-11    case hearing under Chapter 2001, Government Code.
75-12          Sec. 237.254.  NOTICE OF REVOCATION OR SUSPENSION.  (a)  If
75-13    the Title IV-D agency revokes or suspends a collection entity's
75-14    certificate, the Title IV-D agency shall publish notice of the
75-15    revocation or suspension in a newspaper of general circulation in
75-16    the county in which the collection entity is located.
75-17          (b)  The Title IV-D agency shall pay the costs of publishing
75-18    the notice under Subsection (a) from money appropriated to the
75-19    Title IV-D agency and from fees collected under this chapter.
75-20          (c)  A collection entity that has its certificate revoked or
75-21    suspended shall mail notification of the revocation or suspension
75-22    by certified mail to each client served by the collection entity
75-23    not later than the fifth day after the effective date of the
75-24    revocation or suspension.
75-25          (d)  If a person who operates a collection entity that has
75-26    had its certificate revoked or suspended later applies for a new
 76-1    certificate to operate the same collection entity, the Title IV-D
 76-2    agency shall charge the person, in addition to the application fee,
 76-3    a fee in an amount sufficient to reimburse the agency for the cost
 76-4    of publishing the notice under Subsection (a).
 76-5             SUBCHAPTER G.  REMEDIES AND PROHIBITED PRACTICES
 76-6          Sec. 237.301.  CIVIL PENALTY; INJUNCTION.  (a)  On a
 76-7    determination by the Title IV-D agency that a person has violated,
 76-8    is violating, or is threatening to violate the registration
 76-9    requirements of this chapter or the Title IV-D agency's rules, the
76-10    Title IV-D agency may file a suit in a district court in Travis
76-11    County for a civil penalty under Section 237.305, for injunctive
76-12    relief, including a temporary restraining order, or for both a
76-13    civil penalty and injunctive relief.
76-14          (b)  At the Title IV-D agency's request, the attorney general
76-15    shall file a suit in the name of the state for injunctive relief,
76-16    to recover a civil penalty, or for both injunctive relief and a
76-17    civil penalty as authorized by Subsection (a).
76-18          Sec. 237.302.  FRAUDULENT OR DECEPTIVE CONDUCT.  A collection
76-19    entity may not directly or indirectly engage in a fraudulent or
76-20    deceptive act, practice, or course of business relating to the
76-21    services of the entity.
76-22          Sec. 237.303.  ADVERTISING WITHOUT REGISTRATION.  A
76-23    collection entity may not advertise the services of the entity if
76-24    the entity does not hold a certificate of registration required by
76-25    this chapter.
76-26          Sec. 237.304.  CAUSING WAIVER PROHIBITED.  A collection
 77-1    entity may not attempt to cause a person to waive a right under
 77-2    this chapter.
 77-3          Sec. 237.305.  AMOUNT OF CIVIL PENALTY; GROUNDS.  (a)  A
 77-4    person is subject to a civil penalty of not less than $100 or more
 77-5    than $500 for each day of a violation and for each act of violation
 77-6    if the person:
 77-7                (1)  violates this chapter or a rule adopted under this
 77-8    chapter on at least two occasions during a 12-month period; or
 77-9                (2)  publicly advertises that the person is a
77-10    collection entity and the person does not hold a certificate of
77-11    registration under this chapter.
77-12          (b)  A civil penalty under this section may be assessed in
77-13    addition to the criminal penalties and injunctive relief provided
77-14    by this chapter.
77-15          Sec. 237.306.  CRIMINAL PENALTIES.  (a)  A person commits an
77-16    offense if the person operates a collection entity without holding
77-17    a certificate of registration under this chapter.
77-18          (b)  A person commits an offense if the person violates
77-19    Section 237.303.
77-20          (c)  An offense under this section is a Class B misdemeanor.
77-21          Sec. 237.307.  CIVIL LIABILITY.  (a)  A person injured by a
77-22    violation of this chapter is entitled to recover:
77-23                (1)  actual damages;
77-24                (2)  reasonable attorney's fees; and
77-25                (3)  court costs.
77-26          (b)  A person who prevails in an action under this section
 78-1    may be awarded punitive damages.
 78-2          Sec. 237.308.  DECEPTIVE TRADE PRACTICE.  A violation of this
 78-3    chapter is a deceptive trade practice under Subchapter E, Chapter
 78-4    17, Business & Commerce Code.
 78-5          SECTION 58.  Section 191.028, Health and Safety Code, is
 78-6    amended by amending Subsection (a) and adding Subsection (c) to
 78-7    read as follows:
 78-8          (a)  A record of a birth, death, or fetal death accepted by a
 78-9    local registrar for registration may not be changed except as
78-10    provided by Subsections [Subsection] (b) and (c).
78-11          (c)  Subject to rules adopted by the department, a correcting
78-12    certificate may be filed with the local registrar to correct a
78-13    spelling or numerical error in the original record for a birth or
78-14    death that occurred during the six months preceding the date the
78-15    correcting certificate was filed.  On receipt of a correcting
78-16    certificate, the state registrar, local registrar, or other person
78-17    who issues birth or death certificates may issue the corrected
78-18    certificate without being required to issue a copy of the original
78-19    certificate with an amending certificate attached.
78-20          SECTION 59.  Subsection (c), Section 192.002, Health and
78-21    Safety Code, is amended to read as follows:
78-22          (c)  The form must include a space for recording the social
78-23    security numbers of the mother and father [and the signatures of
78-24    the biological mother and biological father].  These social
78-25    security numbers:
78-26                (1)  [and signatures] are not a part of the legal birth
 79-1    certificate;
 79-2                (2)  [,] shall be made available to the agency
 79-3    administering the state's plan under Part D of Title IV of the
 79-4    federal Social Security Act (42 U.S.C. Section 651 et seq.), and
 79-5    the federal Social Security Administration; and
 79-6                (3)  may not be used or disseminated for any purpose
 79-7    other than a purpose described by this section [the establishment
 79-8    and the enforcement of child support orders].
 79-9          SECTION 60.  Subsections (e) and (g), Section 192.003, Health
79-10    and Safety Code, are amended to read as follows:
79-11          (e)  If the mother of the child is not married to the father
79-12    of the child, a person listed by Subsection (a) or (b) who is
79-13    responsible for filing the birth certificate shall:
79-14                (1)  provide an opportunity for the child's mother and
79-15    putative [biological] father to sign an acknowledgment of paternity
79-16    as provided by Subchapter C, Chapter 160, Family Code [the birth
79-17    certificate or a form prescribed by the department in which the
79-18    biological father consents to be named as the child's father on the
79-19    child's birth certificate]; and
79-20                (2)  provide oral and written information to the
79-21    child's mother and putative father about establishing paternity,
79-22    including an explanation of the rights and responsibilities of
79-23    acknowledging paternity and information about the availability of
79-24    child support services[, to the child's mother and the father, if
79-25    present].
79-26          (g)  The state registrar shall transmit the information
 80-1    [signed consent forms] to the Title IV-D agency [attorney general]
 80-2    who may use such forms for any purpose directly connected with the
 80-3    provision of child support services pursuant to Chapter 231, Family
 80-4    Code.
 80-5          SECTION 61.  Section 192.005, Health and Safety Code,  is
 80-6    amended to read as follows:
 80-7          Sec. 192.005.  RECORD OF PATERNITY.  (a)  The items on a
 80-8    birth certificate relating to the child's father shall be completed
 80-9    only if:
80-10                (1)  the child's mother was married to the father:
80-11                      (A)  at the time of the child's conception;
80-12                      (B)  at the time of the child's birth; or
80-13                      (C)  after the child's birth;
80-14                (2)  paternity is established by order of a court of
80-15    competent jurisdiction; or
80-16                (3)  the father and mother signed an acknowledgment of
80-17    paternity [the birth certificate or consented in writing, on a]
80-18    form under Subchapter C, Chapter 160, Family Code, stating that the
80-19    man is [prescribed by the department,] to be named as the father of
80-20    the child on the child's birth certificate.
80-21          (b)  [The father of a child who has no presumed father may
80-22    acknowledge paternity by signing the certificate of birth or may
80-23    acknowledge paternity in accordance with Section 160.202, Family
80-24    Code.]
80-25          [(c)]  A person may apply to the state registrar for the
80-26    removal of any indication of the absence of paternity of a child
 81-1    who has no presumed father from the person's birth record.
 81-2          (c)  The state registrar shall issue a supplementary birth
 81-3    certificate on a legal determination of the child's paternity.
 81-4          (d)  If the identity of [items relating to] the child's
 81-5    father is [are] not stated [completed] on a birth certificate filed
 81-6    with the state registrar, the state registrar shall notify the
 81-7    Title IV-D agency [attorney general].
 81-8          SECTION 62.  Section 192.0051, Health and Safety Code, is
 81-9    amended to read as follows:
81-10          Sec. 192.0051.  REPORT OF DETERMINATION [CERTIFICATE] OF
81-11    PATERNITY.  (a)  A report [declaration] of each determination of
81-12    paternity in this state shall be filed with the state registrar.
81-13          (b)  On a determination of paternity, the petitioner shall
81-14    provide the clerk of the court in which the decree was granted with
81-15    the information necessary to prepare the report [declaration].  The
81-16    clerk shall:
81-17                (1)  report the determination [prepare the declaration]
81-18    on a form or in a manner provided by the department; and
81-19                (2)  complete the report [declaration] immediately
81-20    after the decree becomes final.
81-21          (c)  On completion of the report [Not later than the 10th day
81-22    of each month], the clerk of the court shall forward to the state
81-23    registrar the report [a declaration] for each decree that became
81-24    final in that court [during the preceding month].
81-25          SECTION 63.  Subsection (a), Section 192.006, Health and
81-26    Safety Code, is amended to read as follows:
 82-1          (a)  A supplementary birth certificate may be issued for a
 82-2    [filed if the] person if [who is the subject of the certificate]:
 82-3                (1)  [becomes] the child's parents get married after
 82-4    the date of the child's birth [child of the person's father by the
 82-5    subsequent marriage of the person's parents];
 82-6                (2)  the child's [has the person's] parentage is
 82-7    determined by an acknowledgment of paternity [a court of competent
 82-8    jurisdiction]; [or]
 82-9                (3)  the parent-child relationship is terminated
82-10    between the child and a parent of the child;
82-11                (4)  the child is adopted; or
82-12                (5)  parentage of the child is determined by the Title
82-13    IV-D agency or a court [under the laws of any state].
82-14          SECTION 64.  Subsections (b) and (c), Section 193.001, Health
82-15    and Safety Code, are amended to read as follows:
82-16          (b)  The social security number shall be recorded on the
82-17    death certificate and on any other records related to the death.
82-18          (c)  The department shall require death certificates and
82-19    fetal death certificates to include the name of the place and the
82-20    specific number of the plot, crypt, lawn crypt, or niche in which a
82-21    decedent's remains will be interred or, if the remains will not be
82-22    interred, the place and manner of other disposition.
82-23          (d) [(c)]  The bureau of vital statistics and each local
82-24    registrar shall make the information provided under Subsection (c)
82-25    [(b)] available to the public and may charge a fee in an amount
82-26    prescribed under Section 191.0045 for providing that service.
 83-1          SECTION 65.  Subsection (a), Section 31.0032, Human Resources
 83-2    Code, is amended to read as follows:
 83-3          (a)  Except as provided by Section 231.115, Family Code, as
 83-4    added by Chapter 911, Acts of the 75th Legislature, Regular
 83-5    Session, 1997, if [If] after an investigation the department or the
 83-6    Title IV-D agency determines that a person is not complying with a
 83-7    requirement of the responsibility agreement required under Section
 83-8    31.0031, the department immediately shall apply appropriate
 83-9    sanctions or penalties regarding the assistance provided to or for
83-10    that person under this chapter.
83-11          SECTION 66.  Subsections (a) and (c), Section 31.0033, Human
83-12    Resources Code, are amended to read as follows:
83-13          (a)  If the department or Title IV-D agency determines that
83-14    penalties and sanctions should be applied under Section 31.0032,
83-15    the person determined to have not complied or, if different, the
83-16    person receiving the financial assistance may request a hearing to
83-17    show good cause for noncompliance not later than the 13th day after
83-18    the date on which notice is received under Section 31.0032.  On a
83-19    showing of good cause for noncompliance, sanctions may not be
83-20    imposed.
83-21          (c)  If the department finds that good cause for
83-22    noncompliance was not shown at a hearing, the department shall
83-23    apply appropriate sanctions or penalties to or for that person
83-24    until the department, or the Title IV-D agency in a Title IV-D
83-25    case, determines that the person is in compliance with the terms of
83-26    the responsibility agreement.
 84-1          SECTION 67.  Section 411.127, Government Code, is amended to
 84-2    read as follows:
 84-3          Sec. 411.127.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
 84-4    APPLICANTS FOR EMPLOYMENT AND APPLICANTS FOR REGISTRATION OF A
 84-5    PRIVATE CHILD SUPPORT COLLECTION ENTITY.  (a)  The Title IV-D
 84-6    agency [attorney general] is entitled to obtain from the Department
 84-7    of Public Safety, the Federal Bureau of Investigation
 84-8    identification division, or another law enforcement agency criminal
 84-9    history record information maintained by the department or agency
84-10    that relates to a person who is an applicant for a position of
84-11    employment with the Title IV-D agency, or an applicant to serve as
84-12    a consultant, intern, or volunteer, [attorney general] that
84-13    involves the performance of duties under Chapter 231, Family Code.
84-14    The Title IV-D agency [attorney general] may not request the
84-15    information unless a supervisory employee of the agency [attorney
84-16    general's office] has recommended that the applicant be hired or
84-17    serve as an intern or volunteer.
84-18          (b)  The Title IV-D agency is entitled to obtain from the
84-19    Department of Public Safety, the Federal Bureau of Investigation
84-20    identification division, or another law enforcement agency criminal
84-21    history record information maintained by the department or agency
84-22    that relates to a person who is an applicant for registration under
84-23    Chapter 237, Family Code, as a child support collection entity or
84-24    an employee of the entity, including an owner, officer, or
84-25    investigator.  The Title IV-D agency may not request the
84-26    information until an application seeking registration as a child
 85-1    support collection entity has been filed with the agency.
 85-2          (c)  Criminal history record information obtained by the
 85-3    Title IV-D agency [attorney general] under Subsections [Subsection]
 85-4    (a) and (b) may not be released or disclosed to any person except
 85-5    on court order or with the consent of the person who is the subject
 85-6    of the criminal history record information.
 85-7          (d) [(c)]  The Title IV-D agency [attorney general] shall
 85-8    destroy criminal history record information that relates to a
 85-9    person after the information is used for its authorized purpose.
85-10          (e)  In this section, "Title IV-D agency" has the meaning
85-11    assigned by Section 101.033, Family Code.
85-12          SECTION 68.  (a)  The attorney general shall redesign and
85-13    improve the child support enforcement program.
85-14          (b)  The involvement of the attorney general's office related
85-15    to the enforcement of child support is subject to review under
85-16    Chapter 325, Government Code (Texas Sunset Act), as if the attorney
85-17    general's involvement in matters relating to the enforcement of
85-18    child support were a state agency under that chapter.  The Sunset
85-19    Advisory Commission may review only the attorney general's:
85-20                (1)  implementation of child support enforcement
85-21    functions, including functions affected by legislation enacted by
85-22    the 76th Legislature, Regular Session, 1999; and
85-23                (2)  redesign and improvement of the child support
85-24    enforcement program.
85-25          (c)  In determining whether the attorney general has improved
85-26    the child support enforcement program, the Sunset Advisory
 86-1    Commission shall analyze the degree to which the attorney general
 86-2    has:
 86-3                (1)  improved all elements of the child support
 86-4    program;
 86-5                (2)  resolved computer system implementation issues;
 86-6                (3)  complied with federal welfare reform mandates; and
 86-7                (4)  improved customer service and increased client
 86-8    satisfaction.
 86-9          (d)  Not later than October 15, 2000, the attorney general's
86-10    child support enforcement division shall report to the standing
86-11    committees of the senate and house of representatives having
86-12    primary jurisdiction over child support issues and the Sunset
86-13    Advisory Commission regarding the significant improvements that
86-14    have been made in its performance and operation of the child
86-15    support enforcement program.  The attorney general's child support
86-16    enforcement division shall collect information and report on the
86-17    criteria described by Subsection (c) of this section.
86-18          (e)  The involvement of the attorney general's office in
86-19    matters related to child support enforcement is not abolished under
86-20    Chapter 325, Government Code (Texas Sunset Act).
86-21          (f)  To the extent Chapter 325, Government Code (Texas Sunset
86-22    Act), imposes a duty on a state agency under review, the attorney
86-23    general's office shall perform the duty as it applies to the
86-24    attorney general's involvement in matters related to child support
86-25    enforcement.
86-26          (g)  The Sunset Advisory Commission shall report its findings
 87-1    as required under Section 325.010, Government Code, to the 77th
 87-2    Legislature, Regular Session, 2001.
 87-3          SECTION 69.  (a)  The attorney general's child support
 87-4    enforcement division shall investigate the use of alternative
 87-5    sources of revenue to operate the child support program.  As part
 87-6    of the investigation, the  division shall perform a cost-benefit
 87-7    analysis of charging fees, including a paternity establishment fee,
 87-8    a service fee, and a fee charged for a check or money order not
 87-9    paid because of insufficient funds.  The cost-benefit analysis must
87-10    include analysis of:
87-11                (1)  the cost of reprogramming the computer system to
87-12    handle the imposition and collection of fees in an efficient
87-13    manner;
87-14                (2)  the estimated administrative cost of collecting
87-15    fees;
87-16                (3)  the projected revenues from at least two fee
87-17    levels; and
87-18                (4)  the impact of the alternative fee levels on demand
87-19    for Title IV-D services.
87-20          (b)  The division shall report its findings under this
87-21    section not later than October 15, 2000, to the Sunset Advisory
87-22    Commission and the standing committees of the senate and house of
87-23    representatives having primary jurisdiction over child support
87-24    issues.
87-25          SECTION 70.  Subsection (c), Section 158.505, and Subsection
87-26    (c), Section 160.002, Family Code, are repealed.
 88-1          SECTION 71.  (a)  Except as provided by Subsection (g) of
 88-2    this section, this Act takes effect September 1, 1999.
 88-3          (b)  The interagency work group shall develop the interagency
 88-4    partnership strategy required by Section 231.011, Family Code, as
 88-5    added by this Act, not later than January 1, 2000.
 88-6          (c)  The county advisory work group shall complete the
 88-7    state-county support improvement plan required by Section 231.012,
 88-8    Family Code, as added by this Act, not later than January 1, 2000.
 88-9          (d)  The Title IV-D agency and the Texas Department of Human
88-10    Services shall update the memorandum of understanding adopted under
88-11    Section 231.305, Family Code, not later than January 1, 2000.
88-12          (e)  The change in law made by this Act by the amendment of
88-13    Section 160.004, Family Code, and the addition of Section 233.0095,
88-14    Family Code, applies only to a suit affecting the parent-child
88-15    relationship providing for the determination of paternity that is
88-16    filed or a child support review that is commenced by the Title IV-D
88-17    agency on or after the effective date of this Act.  A suit filed or
88-18    review commenced before the effective date of this Act is governed
88-19    by the law in effect on the date the suit was filed or the review
88-20    was commenced, and the former law is continued in effect for that
88-21    purpose.
88-22          (f)  The Title IV-D agency shall adopt rules as necessary to
88-23    administer Chapter 237, Family Code, as added by this Act, not
88-24    later than May 1, 2000.
88-25          (g)  Section 237.101 and Subchapter G, Chapter 237, Family
88-26    Code, as added by this Act, take effect January 1, 2001.
 89-1          (h)  The change in law made by this Act by the enactment of
 89-2    Chapter 237, Family Code, applies to a contract for the collection
 89-3    of child support entered on or after January 1, 2001.  A contract
 89-4    entered before that date is governed by the law in effect on the
 89-5    date the contract was entered, and the former law is continued in
 89-6    effect for that purpose.
 89-7          SECTION 72.  The importance of this legislation and the
 89-8    crowded condition of the calendars in both houses create an
 89-9    emergency and an imperative public necessity that the
89-10    constitutional rule requiring bills to be read on three several
89-11    days in each house be suspended, and this rule is hereby suspended.