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.