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 rescission of a
3-15 voluntary acknowledgment of paternity under Chapter 160, notice
3-16 shall be given to the Title IV-D agency [attorney general] in a
3-17 manner 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. Section 110.006, Family Code, is amended to read
4-15 as follows:
4-16 Sec. 110.006. DOMESTIC RELATIONS OFFICE FEES [OPERATIONS
4-17 FEE]. If an administering entity of a domestic relations office
4-18 adopts an initial operations fee under Section 203.005(a)(1) or an
4-19 initial child support service fee under Section 203.005(a)(2), the
4-20 clerk of the court shall collect the fee at the time the suit is
4-21 filed and send the fee to the domestic relations office.
4-22 SECTION 6. Section 111.001, Family Code, is amended to read
4-23 as follows:
4-24 Sec. 111.001. REVIEW OF GUIDELINES [APPOINTMENT OF ADVISORY
4-25 COMMITTEE]. (a) Prior to each regular legislative session, the
4-26 standing committees of each house of the legislature having
5-1 jurisdiction over family law issues shall review and, if necessary,
5-2 recommend revisions to the guidelines for possession of and access
5-3 to a child under Chapter 153 and for support of a child under
5-4 Chapter 154. The committee shall report the results of the review
5-5 and shall include any recommended revisions in the committee's
5-6 report to the legislature. [The supreme court shall appoint an
5-7 advisory committee consisting of not fewer than 25 persons,
5-8 composed of legislators, judges, lawyers, and laypersons, to assist
5-9 the legislature in making a periodic review of and suggested
5-10 revisions, if any, to the guidelines in this title:]
5-11 [(1) for the possession of a child by a parent under
5-12 Chapter 153; and]
5-13 [(2) for the support of a child under Chapter 154.]
5-14 (b) Not later than December 1 of each even-numbered year,
5-15 the Title IV-D agency shall submit a report to the standing
5-16 committees of each house of the legislature having jurisdiction
5-17 over family law issues for use by the committee in conducting the
5-18 review required by Subsection (a). The report must contain:
5-19 (1) economic data obtained from the United States
5-20 Department of Agriculture on the cost of raising children;
5-21 (2) an analysis of case data on the application of and
5-22 deviations from the child support guidelines; and
5-23 (3) a summary of any federal legislation enacted since
5-24 the date of the last review. [Not fewer than five members of this
5-25 committee must be or have been:]
5-26 [(1) managing conservators;]
6-1 [(2) possessory conservators;]
6-2 [(3) ordered to pay child support; or]
6-3 [(4) entitled to receive child support.]
6-4 [(c) The guidelines shall be reviewed at least once every
6-5 four years.]
6-6 SECTION 7. Subsection (a), Section 151.002, Family Code, is
6-7 amended to read as follows:
6-8 (a) A man is presumed to be the biological father of a child
6-9 if:
6-10 (1) he and the child's biological mother are or have
6-11 been married to each other and the child is born during the
6-12 marriage or not more than 300 days after the date the marriage
6-13 terminated by death, annulment, or divorce or by having been
6-14 declared void;
6-15 (2) before the child's birth, he and the child's
6-16 biological mother attempted to marry each other by a marriage in
6-17 apparent compliance with law, although the attempted marriage is or
6-18 could be declared void, and the child is born during the attempted
6-19 marriage or not more than 300 days after the date the attempted
6-20 marriage terminated by death, annulment, or divorce or by having
6-21 been declared void; or
6-22 (3) after the child's birth, he and the child's
6-23 biological mother have married or attempted to marry each other by
6-24 a marriage in apparent compliance with law, although the attempted
6-25 marriage is or could be declared void or voided by annulment,
6-26 and:
7-1 (A) he has filed a written acknowledgment of his
7-2 paternity of the child under Chapter 160;
7-3 (B) he consents in writing to be named and is
7-4 named as the child's father on the child's birth certificate; or
7-5 (C) he is obligated to support the child under a
7-6 written voluntary promise or by court order[;]
7-7 [(4) without attempting to marry the mother, he
7-8 consents in writing to be named as the child's father on the
7-9 child's birth certificate; or]
7-10 [(5) before the child reaches the age of majority, he
7-11 receives the child into his home and openly holds out the child as
7-12 his biological child].
7-13 SECTION 8. Section 154.001, Family Code, is amended by
7-14 adding Subsection (c) to read as follows:
7-15 (c) In a Title IV-D case, if neither parent has physical
7-16 possession or conservatorship of the child, the court may render an
7-17 order providing that a nonparent or agency having physical
7-18 possession may receive, hold, or disburse child support payments
7-19 for the benefit of the child.
7-20 SECTION 9. Sections 154.004 and 154.006, Family Code, are
7-21 amended to read as follows:
7-22 Sec. 154.004. PLACE OF PAYMENT. (a) The [Except as agreed
7-23 by the parties, the] court shall order the payment of child support
7-24 to [through] a local registry, [or through] the Title IV-D agency,
7-25 or the state disbursement unit, as provided by Chapter 234, as
7-26 added by Chapter 911, Acts of the 75th Legislature, Regular
8-1 Session, 1997.
8-2 (b) In a Title IV-D case, the court or the Title IV-D agency
8-3 shall order that income withheld for child support be paid:
8-4 (1) to the Title IV-D agency through a local registry,
8-5 which shall forward the payment to the Title IV-D agency; [or]
8-6 (2) [directly] to the Title IV-D agency; or
8-7 (3) to the state disbursement unit.
8-8 Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
8-9 otherwise agreed in writing or expressly provided in the order or
8-10 as provided by Subsection (b), the child support order terminates
8-11 on the marriage of the child, removal of the child's disabilities
8-12 for general purposes, or death of the child or a parent ordered to
8-13 pay child support.
8-14 (b) Unless a nonparent or agency has been appointed
8-15 conservator of the child under Chapter 153, the order for current
8-16 child support, and any provision relating to conservatorship,
8-17 possession, or access terminates on the marriage or remarriage of
8-18 the obligor and obligee to each other.
8-19 SECTION 10. Sections 154.242 and 154.243, Family Code, are
8-20 amended to read as follows:
8-21 Sec. 154.242. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
8-22 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
8-23 made by electronic funds transfer to:
8-24 (1) the Title IV-D agency; [or]
8-25 (2) a local registry if the registry agrees to accept
8-26 electronic payment; or
9-1 (3) the state disbursement unit.
9-2 (b) A local registry may transmit child support payments to
9-3 the Title IV-D agency by electronic funds transfer [if the Title
9-4 IV-D agency agrees to accept electronic payment]. Unless support
9-5 payments are required to be made to the state disbursement unit, an
9-6 [An] obligor may make payments, with the approval of the court
9-7 entering the order, directly to the bank account of the obligee by
9-8 electronic transfer and provide verification of the deposit to the
9-9 local registry. A local registry in a county that makes deposits
9-10 into personal bank accounts by electronic funds transfer as of
9-11 April 1, 1995, may transmit a child support payment to an obligee
9-12 by electronic funds transfer if the obligee maintains a bank
9-13 account and provides the local registry with[. The obligee shall
9-14 furnish to the local registry] the necessary bank account
9-15 information to complete electronic payment [if the Title IV-D
9-16 agency agrees to accept electronic payment].
9-17 Sec. 154.243. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
9-18 The Title IV-D agency, [or] a local registry, or the state
9-19 disbursement unit may comply with a subpoena or other order
9-20 directing the production of a child support payment record by
9-21 sending a certified copy of the record or an affidavit regarding
9-22 the payment record to the court that directed production of the
9-23 record.
9-24 SECTION 11. Subsections (a) and (b), Section 155.205, Family
9-25 Code, are amended to read as follows:
9-26 (a) On rendition of an order transferring continuing,
10-1 exclusive jurisdiction to another court, the transferring court
10-2 shall also order that all future payments of child support be made
10-3 to the local registry of the transferee court, the Title IV-D
10-4 agency, or the state disbursement unit.
10-5 (b) The transferring court's local registry, the Title IV-D
10-6 agency, or the state disbursement unit shall continue to receive,
10-7 record, and forward [disburse] child support payments to the payee
10-8 until it receives notice that the transferred case has been
10-9 docketed by the transferee court.
10-10 SECTION 12. Section 156.402, Family Code, is amended to read
10-11 as follows:
10-12 Sec. 156.402. EFFECT OF GUIDELINES. (a) The court may
10-13 consider the child support guidelines for single and multiple
10-14 families under Chapter 154 [in Chapter 153] to determine whether
10-15 there has been a material or substantial change of circumstances
10-16 under this chapter that warrants a modification of an existing
10-17 child support order if the modification is in the best interest of
10-18 the child.
10-19 (b) If the amount of support contained in the order does not
10-20 substantially conform with the guidelines for single and multiple
10-21 families under Chapter 154, the court may modify the order to
10-22 substantially conform with the guidelines if the modification is in
10-23 the best interest of the child. A court may consider other
10-24 relevant evidence in addition to the factors listed in the
10-25 guidelines.
10-26 SECTION 13. Section 156.406, Family Code, is amended to read
11-1 as follows:
11-2 Sec. 156.406. USE OF GUIDELINES FOR CHILDREN IN MORE THAN
11-3 ONE HOUSEHOLD. In applying the child support guidelines in a suit
11-4 under this subchapter, if the obligor has the duty to support
11-5 children in more than one household, the court shall apply the
11-6 percentage guidelines for multiple families under Chapter 154 [in
11-7 Chapter 153].
11-8 SECTION 14. Subchapter E, Chapter 156, Family Code, is
11-9 amended by adding Section 156.409 to read as follows:
11-10 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. If the sole
11-11 managing conservator of a child or the joint managing conservator
11-12 who designates the child's primary residence has voluntarily
11-13 relinquished the actual care, control, and possession of the child
11-14 for at least six months, the court may modify an order providing
11-15 for the support of the child to provide that the person having
11-16 physical possession of the child shall have the right to receive
11-17 and give receipt for payments of support for the child and to hold
11-18 or disburse money for the benefit of the child.
11-19 SECTION 15. Subsection (b), Section 157.005, Family Code, is
11-20 amended to read as follows:
11-21 (b) The court retains jurisdiction to confirm the total
11-22 amount of child support arrearages and render judgment for past-due
11-23 child support until the date all current child support and medical
11-24 support and child support arrearages, including interest and any
11-25 applicable fees and costs, have been paid [if a motion for
11-26 enforcement requesting a money judgment is filed not later than the
12-1 fourth anniversary after the date:]
12-2 [(1) the child becomes an adult; or]
12-3 [(2) on which the child support obligation terminates
12-4 under the order or by operation of law].
12-5 SECTION 16. Section 157.102, Family Code, is amended to read
12-6 as follows:
12-7 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
12-8 Law enforcement officials shall treat the capias in the same manner
12-9 as an arrest warrant for a criminal offense and shall enter the
12-10 capias in the computer records for outstanding warrants maintained
12-11 by the local police, sheriff, and Department of Public Safety. The
12-12 capias shall [may] be forwarded to and disseminated by the Texas
12-13 Crime Information Center and the National Crime Information Center.
12-14 SECTION 17. Section 157.166, Family Code, is amended by
12-15 amending Subsection (b) and adding Subsection (c) to read as
12-16 follows:
12-17 (b) If the order imposes incarceration or a fine for
12-18 criminal contempt, an enforcement order must contain findings
12-19 identifying, setting out, or incorporating by reference the
12-20 provisions of the order for which enforcement was requested and the
12-21 date of each occasion when the respondent's failure [respondent
12-22 failed] to comply with the order was found to constitute criminal
12-23 contempt.
12-24 (c) If the enforcement order imposes incarceration for
12-25 civil contempt, the order must state the specific conditions on
12-26 which the respondent may be released from confinement.
13-1 SECTION 18. Section 157.167, Family Code, is amended by
13-2 adding Subsection (c) to read as follows:
13-3 (c) Fees and costs ordered under this section may be
13-4 enforced by any means available for the enforcement of child
13-5 support, including contempt.
13-6 SECTION 19. Section 157.269, Family Code, is amended to read
13-7 as follows:
13-8 Sec. 157.269. RETENTION OF JURISDICTION. A court that
13-9 renders an order providing for the payment of child support
13-10 arrearages retains jurisdiction until all current support and
13-11 medical support and child support arrearages, including interest
13-12 and any applicable fees and costs, have been paid [the arrearages
13-13 are paid in full as required by the court order].
13-14 SECTION 20. Subsection (a), Section 157.317, Family Code, is
13-15 amended to read as follows:
13-16 (a) A child support lien attaches to all real and personal
13-17 property not exempt under the Texas Constitution or other law,
13-18 including a depository account in a financial institution,
13-19 including a mutual fund money market account, or a retirement plan,
13-20 a claim for negligence, personal injury, or workers' compensation,
13-21 or an insurance award for the claim, owned by the obligor on or
13-22 after the date the lien notice or abstract of judgment is filed
13-23 with the county clerk of the county in which the property is
13-24 located, with the court clerk as to property or claims in
13-25 litigation, or, as to property of the obligor in the possession or
13-26 control of a third party, from the date the lien notice is filed
14-1 with that party.
14-2 SECTION 21. Subsection (a), Section 158.003, Family Code, is
14-3 amended to read as follows:
14-4 (a) In addition to income withheld for the current support
14-5 of a child, [the court shall order that] income shall be withheld
14-6 from the disposable earnings of the obligor to be applied toward
14-7 the liquidation of any child support arrearages, including accrued
14-8 interest as provided in Chapter 157.
14-9 SECTION 22. Sections 158.004 and 158.007, Family Code, are
14-10 amended to read as follows:
14-11 Sec. 158.004. WITHHOLDING FOR ARREARAGES WHEN NO CURRENT
14-12 SUPPORT IS DUE. If current support is no longer owed, the court or
14-13 the Title IV-D agency shall order that income be withheld for
14-14 arrearages, including accrued interest as provided in Chapter 157,
14-15 in an amount sufficient to discharge those arrearages in not more
14-16 than two years.
14-17 Sec. 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT OR
14-18 TITLE IV-D AGENCY; UNREASONABLE HARDSHIP. If the court or the
14-19 Title IV-D agency finds that the schedule for discharging
14-20 arrearages would cause the obligor, the obligor's family, or
14-21 children for whom support is due from the obligor to suffer
14-22 unreasonable hardship, the court or agency may extend the payment
14-23 period for a reasonable length of time.
14-24 SECTION 23. Sections 158.102, 158.103, and 158.104, Family
14-25 Code, are amended to read as follows:
14-26 Sec. 158.102. TIME LIMITATIONS. An order or writ for income
15-1 withholding under this chapter may be issued [The court retains
15-2 jurisdiction to render an order that provides for income to be
15-3 withheld from the disposable earnings of the obligor] until all
15-4 current support and child support arrearages, [including] interest,
15-5 and any applicable fees and costs, including ordered attorney's
15-6 fees and court costs, have been paid.
15-7 Sec. 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING. An
15-8 order of withholding or writ of withholding issued under this
15-9 chapter must contain the information that is necessary for an
15-10 employer or other entity to comply with the existing child support
15-11 order, including [shall state]:
15-12 (1) the style, cause number, and court having
15-13 continuing jurisdiction of the suit;
15-14 (2) the name, address, and, if available, the social
15-15 security number of the obligor;
15-16 (3) the amount and duration of the child support
15-17 payments and medical support payments or other provisions for
15-18 medical support, the amount of arrearages, accrued interest, and
15-19 ordered fees and costs;
15-20 (4) the name, address, and, if available, the social
15-21 security numbers of the child and the obligee;
15-22 (5) the name and address of the person or agency to
15-23 whom the payments shall be made;
15-24 (6) the amount of income to be withheld and remitted
15-25 [that the obligor is required to notify the court promptly of any
15-26 change affecting the order]; and
16-1 (7) whether the child is to be enrolled in health
16-2 insurance coverage available through the obligor's employment [that
16-3 the ordered amount shall be paid to a local registry or the Title
16-4 IV-D agency].
16-5 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT
16-6 OF WITHHOLDING. A request for issuance of an order or judicial
16-7 writ of withholding may be filed with the clerk of the court by the
16-8 prosecuting attorney, the Title IV-D agency, the friend of the
16-9 court, a domestic relations office, the obligor, [or] the obligee,
16-10 or an attorney representing the obligee or obligor.
16-11 SECTION 24. Section 158.105, Family Code, is amended by
16-12 amending the heading and Subsections (a), (c), and (d) to read as
16-13 follows:
16-14 Sec. 158.105. ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL
16-15 WRIT OF WITHHOLDING. (a) On filing a request for issuance of an
16-16 order or judicial writ of withholding, the clerk of the court shall
16-17 cause a certified copy of the order or writ to be delivered to the
16-18 obligor's current employer or to any subsequent employer of the
16-19 obligor.
16-20 (c) The clerk shall issue and mail the certified copy of the
16-21 order or judicial writ not later than the fourth working day after
16-22 the date the order is signed or the request is filed, whichever is
16-23 later.
16-24 (d) An order or judicial writ of withholding shall be
16-25 delivered to the employer by certified or registered mail, return
16-26 receipt requested, electronic transmission, or by service of
17-1 citation to:
17-2 (1) the person authorized to receive service of
17-3 process for the employer in civil cases generally; or
17-4 (2) a person designated by the employer, by written
17-5 notice to the clerk, to receive orders or writs [notices] of
17-6 withholding.
17-7 SECTION 25. Section 158.106, Family Code, is amended by
17-8 amending Subsection (a) and adding Subsection (d) to read as
17-9 follows:
17-10 (a) The Title IV-D agency shall prescribe forms as
17-11 authorized by federal law in a standard format entitled order or
17-12 notice to withhold income for child support [for:]
17-13 [(1) an order of withholding that is sufficient if
17-14 rendered in substantially the prescribed manner;]
17-15 [(2) a notice of application for judicial writ of
17-16 withholding;]
17-17 [(3) a judicial writ of withholding as provided by
17-18 Subchapter D; and]
17-19 [(4) an administrative writ of withholding, including
17-20 forms and procedures for electronic issuance of the writ, as
17-21 provided by Subchapter F].
17-22 (d) The forms prescribed by the Title IV-D agency under this
17-23 section may be used to request voluntary withholding under Section
17-24 158.011.
17-25 SECTION 26. Section 158.203, Family Code, is amended by
17-26 amending Subsection (b) and adding Subsections (c) and (d) to read
18-1 as follows:
18-2 (b) For payments made by electronic funds transfer or
18-3 electronic data interchange, the employer shall transmit the amount
18-4 withheld not later than the second business day after the pay date.
18-5 (c) The employer shall include with each payment
18-6 transmitted:
18-7 (1) the number assigned by the Title IV-D agency, if
18-8 available, and the county identification number, if available;
18-9 (2) [, or] the name of the county or the county's
18-10 federal information processing standard code;
18-11 (3) the cause number of the suit under which
18-12 withholding is required;
18-13 (4) [(2)] the payor's name and social security number;
18-14 and
18-15 (5) [(3)] the payee's name and, if available, social
18-16 security number, unless the payment is transmitted by electronic
18-17 funds transfer.
18-18 (d) In a case in which an obligor's income is subject to
18-19 withholding, the employer shall remit the payment of child support
18-20 directly to a local registry, the Title IV-D agency, or to the
18-21 state disbursement unit.
18-22 SECTION 27. Subsection (a), Section 158.210, Family Code, is
18-23 amended to read as follows:
18-24 (a) In addition to the civil remedies provided by this
18-25 subchapter or any other remedy provided by law, an employer who
18-26 knowingly violates the provisions of this chapter may be subject to
19-1 a fine not to exceed $200 for each occurrence in which the employer
19-2 fails to:
19-3 (1) withhold income for child support as instructed in
19-4 an order or writ issued under this chapter; or
19-5 (2) remit withheld income within the time required by
19-6 Section 158.203 to the payee identified in the order or writ or to
19-7 the state disbursement unit.
19-8 SECTION 28. Subsection (a), Section 158.211, Family Code, is
19-9 amended to read as follows:
19-10 (a) If an obligor terminates employment with an employer who
19-11 has been withholding income, both the obligor and the employer
19-12 shall notify the court or the Title IV-D agency and the obligee of
19-13 that fact not later than the seventh day after the date employment
19-14 terminated and shall provide the obligor's last known address and
19-15 the name and address of the obligor's new employer, if known.
19-16 SECTION 29. Subchapter C, Chapter 158, Family Code, is
19-17 amended by adding Section 158.212 to read as follows:
19-18 Sec. 158.212. IMPROPER PAYMENT. An employer who remits a
19-19 payment to an incorrect office or person shall remit the payment to
19-20 the agency or person identified in the order of withholding not
19-21 later than the second business day after the date the employer
19-22 receives the returned payment.
19-23 SECTION 30. Subsection (b), Section 158.312, Family Code, is
19-24 amended to read as follows:
19-25 (b) The request for issuance may not be filed before the
19-26 11th day after the date of receipt of the notice of application for
20-1 judicial writ of withholding by the obligor.
20-2 SECTION 31. Sections 158.501 and 158.502, Family Code, are
20-3 amended to read as follows:
20-4 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING
20-5 BY TITLE IV-D AGENCY. (a) The Title IV-D agency may initiate
20-6 income withholding by issuing an administrative writ of withholding
20-7 for the enforcement of an existing order as authorized by this
20-8 subchapter.
20-9 (b) The Title IV-D agency is the only entity that may issue
20-10 an administrative writ under this subchapter.
20-11 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
20-12 ISSUED. (a) An administrative writ of withholding under this
20-13 subchapter may be issued by the Title IV-D agency at any time until
20-14 all current support, including medical support, and child support
20-15 arrearages have been paid. The writ issued under this subsection
20-16 may be based on an obligation in more than one support order.
20-17 (b) The Title IV-D agency may issue an administrative writ
20-18 of withholding that directs that an amount be withheld for an
20-19 arrearage or adjusts the amount to be withheld for an arrearage.
20-20 An administrative writ issued under this subsection may be
20-21 contested as provided by Section 158.506.
20-22 (c) The Title IV-D agency may issue an administrative writ
20-23 of withholding as a reissuance of an existing withholding order on
20-24 file with the court of continuing jurisdiction. The administrative
20-25 writ under this subsection is not subject to the contest provisions
20-26 of Sections 158.505(a)(2) and 158.506.
21-1 SECTION 32. Subsections (a) and (b), Section 158.503, Family
21-2 Code, are amended to read as follows:
21-3 (a) An administrative writ of withholding issued under this
21-4 subchapter may be delivered to an obligor, obligee, and employer by
21-5 mail or by electronic transmission.
21-6 (b) Not later than the third business day after the date of
21-7 delivery of the administrative writ of withholding to an employer,
21-8 the Title IV-D agency shall file a copy of the writ, together with
21-9 a signed certificate of service, in the court of continuing
21-10 jurisdiction. The certificate of service may be signed
21-11 electronically.
21-12 SECTION 33. Subsection (b), Section 158.504, Family Code, is
21-13 amended to read as follows:
21-14 (b) An administrative writ of withholding issued under this
21-15 subchapter may contain only the information that is necessary for
21-16 the employer to comply with the existing support [withholding]
21-17 order, including the amount of current support and medical support,
21-18 the amount of arrearages, accrued interest, and the amount of
21-19 earnings to be withheld.
21-20 SECTION 34. Subsection (a), Section 158.505, Family Code, is
21-21 amended to read as follows:
21-22 (a) On issuance of an administrative writ of withholding,
21-23 the Title IV-D agency shall send the obligor:
21-24 (1) notice that the withholding has commenced;
21-25 (2) except as provided by Section 158.502(c), notice
21-26 of the procedures to follow if the obligor desires to contest
22-1 withholding on the grounds that the identity of the obligor or the
22-2 existence or amount of arrearages is incorrect; and
22-3 (3) a copy of the administrative writ, including the
22-4 information concerning income withholding provided [in the original
22-5 writ] to the employer.
22-6 SECTION 35. Subsection (a), Section 158.506, Family Code, is
22-7 amended to read as follows:
22-8 (a) Except as provided by Section 158.502(c), an [An]
22-9 obligor receiving the notice under Section 158.505 [158.503] may
22-10 request a review by the Title IV-D agency to resolve any issue in
22-11 dispute regarding the identity of the obligor or the existence or
22-12 amount of arrearages. The Title IV-D agency shall provide an
22-13 opportunity for a review, by telephonic conference or in person, as
22-14 may be appropriate under the circumstances.
22-15 SECTION 36. Sections 160.001 and 160.004, Family Code, are
22-16 amended to read as follows:
22-17 Sec. 160.001. APPLICABILITY. This chapter governs a suit
22-18 affecting the parent-child relationship in which the parentage of
22-19 the biological mother or biological father is:
22-20 (1) sought to be adjudicated;
22-21 (2) voluntarily admitted by the putative father; or
22-22 (3) jointly acknowledged by the mother and putative
22-23 father.
22-24 Sec. 160.004. TEMPORARY ORDERS. The court may render a
22-25 temporary order authorized in a suit under this title, including an
22-26 order for temporary support of a child, if the person ordered to
23-1 pay support:
23-2 (1) is a presumed parent under Chapter 151;
23-3 (2) is an alleged father petitioning to have his
23-4 paternity adjudicated or who admits paternity in pleadings filed
23-5 with the court; [or]
23-6 (3) is found by the court at the pretrial conference
23-7 authorized by this chapter not to be excluded as the biological
23-8 father of the child, with the court finding that at least 99
23-9 percent of the male population is excluded from being the
23-10 biological father of the child; or
23-11 (4) executed a statement or acknowledgment of
23-12 paternity under Subchapter C.
23-13 SECTION 37. Subchapter C, Chapter 160, Family Code, is
23-14 amended to read as follows:
23-15 SUBCHAPTER C. ACKNOWLEDGMENT OR DENIAL OF [VOLUNTARY]
23-16 PATERNITY
23-17 Sec. 160.201. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
23-18 mother of a child and a man claiming to be the father of the child
23-19 may execute an acknowledgment of paternity as provided by this
23-20 subchapter to establish the man's paternity. [(a) If a statement
23-21 of paternity has been executed by a man claiming to be the
23-22 biological father of a child who has no presumed father, he, the
23-23 mother of the child, or the child through a representative
23-24 authorized by the court or a governmental entity may file a
23-25 petition for an order adjudicating him as a parent of the child.
23-26 The statement of paternity must be attached to or filed with the
24-1 petition.]
24-2 [(b) The court shall render an order adjudicating the child
24-3 to be the biological child of the child's father and the father to
24-4 be a parent of the child if the court finds that the statement of
24-5 paternity was executed as provided by this chapter, and the facts
24-6 stated are true.]
24-7 [(c) A suit for voluntary paternity may be joined with a
24-8 suit for termination under Chapter 161.]
24-9 Sec. 160.202. EXECUTION OF ACKNOWLEDGMENT [STATEMENT] OF
24-10 PATERNITY. (a) An acknowledgment of paternity must:
24-11 (1) be in writing;
24-12 (2) be signed by the mother and the putative father;
24-13 and
24-14 (3) state whether the child whose paternity is being
24-15 acknowledged has a presumed father under Section 151.002. [The
24-16 statement of paternity authorized to be used by this subchapter
24-17 must:]
24-18 [(1) be in writing;]
24-19 [(2) be signed by the man alleging himself to be the
24-20 father of the child;]
24-21 [(3) state whether the man alleging himself to be the
24-22 father is a minor; and]
24-23 [(4) clearly state that the man signing the statement
24-24 acknowledges the child as his biological child.]
24-25 (b) If the mother declares in the acknowledgment that there
24-26 is a presumed father of the child, the acknowledgment must be
25-1 accompanied by a denial of paternity signed by the presumed father,
25-2 unless the presumed father is the man who has signed the
25-3 acknowledgment. [The statement may include a waiver of citation in
25-4 a suit to establish the parent-child relationship and may include a
25-5 waiver of the right to notice of the proceedings.]
25-6 [(c) The statement must be executed before a person
25-7 authorized to administer oaths under the laws of this state.]
25-8 [(d) The statement may be signed before the birth of the
25-9 child.]
25-10 [(e) The statement must include the social security number
25-11 of the father.]
25-12 Sec. 160.203. FILING ACKNOWLEDGMENT [EFFECT OF STATEMENT] OF
25-13 PATERNITY. (a) An acknowledgment of paternity executed under this
25-14 subchapter shall be filed with the bureau of vital statistics. [A
25-15 statement of paternity executed as provided by this subchapter is
25-16 prima facie evidence that the child is the child of the person
25-17 executing the statement and that the person has an obligation to
25-18 support the child.]
25-19 (b) The bureau of vital statistics may not charge a fee to
25-20 file the acknowledgment. [If an alleged father's address is
25-21 unknown or he is outside the jurisdiction of the court at the time
25-22 a suit is instituted under this subchapter, his statement of
25-23 paternity, in the absence of controverting evidence, is sufficient
25-24 for the court to render an order establishing his paternity of the
25-25 child.]
25-26 Sec. 160.204. SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
26-1 PATERNITY [DISPUTED PARENTAGE]. (a) An acknowledgment of
26-2 paternity or a denial of paternity may contain the mother's
26-3 signature and the putative father's signature on separate
26-4 documents.
26-5 (b) An acknowledgment of paternity or a denial of paternity
26-6 may be signed before the birth of the child.
26-7 (c) An adult or a minor may sign an acknowledgment of
26-8 paternity or a denial of paternity. [If the paternity of the child
26-9 is uncertain or is disputed by a party in a suit filed under this
26-10 subchapter, the provisions of Subchapter B apply.]
26-11 Sec. 160.205. EFFECT OF ACKNOWLEDGMENT OF PATERNITY
26-12 [VALIDATION OF PRIOR STATEMENTS]. (a) Subject to the right to
26-13 rescind or contest an acknowledgment of paternity under this
26-14 subchapter, a signed acknowledgment of paternity filed with the
26-15 bureau of vital statistics is a legal finding of paternity of a
26-16 child equivalent to a judicial determination.
26-17 (b) If the mother or the man claiming to be the father
26-18 falsely denies the existence of a presumed father in an
26-19 acknowledgment of paternity, the acknowledgment of paternity is
26-20 voidable within the time to rescind under Section 160.206 [A
26-21 statement acknowledging paternity or an obligation to support a
26-22 child that was signed by the father before January 1, 1974, is
26-23 valid and binding even though the statement is not executed as
26-24 provided by this subchapter].
26-25 Sec. 160.206. SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL.
26-26 (a) Subject to the requirements of Subsection (b), a person who
27-1 signs an acknowledgment of paternity or a denial of paternity may
27-2 file a suit affecting the parent-child relationship to rescind the
27-3 acknowledgment of paternity or denial of paternity.
27-4 (b) The petition to rescind an acknowledgment of paternity
27-5 or a denial of paternity must be filed not later than the earlier
27-6 of:
27-7 (1) the 61st day after the date the acknowledgment of
27-8 paternity or denial of paternity is filed with the bureau of vital
27-9 statistics; or
27-10 (2) the date of the first hearing before a tribunal to
27-11 determine an issue relating to the child in which the person is a
27-12 party, including a proceeding that establishes support.
27-13 (c) If a proceeding to rescind an acknowledgment of
27-14 paternity or a denial of paternity is filed jointly or agreed to by
27-15 all necessary parties, the court shall order the bureau of vital
27-16 statistics to amend the birth record of the child by removing the
27-17 father's name.
27-18 (d) If the proceeding to rescind is not agreed to by all
27-19 parties, the court shall conduct a hearing in the same manner as a
27-20 proceeding to determine parentage under this chapter.
27-21 Sec. 160.207. SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL.
27-22 (a) A person who may contest a presumption of paternity under
27-23 Section 160.101 may contest an acknowledgment of paternity or a
27-24 denial of paternity by filing a suit affecting the parent-child
27-25 relationship. A suit to contest an acknowledgment of paternity or
27-26 a denial of paternity that is filed after the time for a suit to
28-1 rescind under Section 160.206 may be filed only on the basis of
28-2 fraud, duress, or material mistake of fact. The party challenging
28-3 the acknowledgment of paternity or the denial of paternity has the
28-4 burden of proof.
28-5 (b) A suit to contest an acknowledgment of paternity or a
28-6 denial of paternity shall be conducted in the same manner as a
28-7 proceeding to determine parentage under this chapter.
28-8 (c) A person must bring suit to contest an acknowledgment of
28-9 paternity or a denial of paternity not later than the fourth
28-10 anniversary of the date the acknowledgment of paternity or the
28-11 denial of paternity is filed with the bureau of vital statistics.
28-12 (d) A suit to contest an unrescinded acknowledgment of
28-13 paternity may not be filed after the date a court has rendered an
28-14 order, including a child support order, based on the acknowledgment
28-15 of paternity.
28-16 (e) Notwithstanding any other provision of this chapter, a
28-17 collateral attack on an acknowledgment of paternity executed under
28-18 this subchapter may not be filed after the fourth anniversary of
28-19 the date the acknowledgment of paternity is filed with the bureau
28-20 of vital statistics.
28-21 Sec. 160.208. PROCEDURE FOR SUIT TO RESCIND OR CONTEST.
28-22 (a) Each person who signs an acknowledgment of paternity or a
28-23 denial of paternity must be made a party to a suit to rescind or
28-24 contest the acknowledgment of paternity or denial of paternity.
28-25 (b) Except for good cause shown, the court may not suspend
28-26 the legal responsibility of a person arising from the
29-1 acknowledgment of paternity, including the duty to pay child
29-2 support, while a suit is pending.
29-3 (c) On a determination of paternity or nonpaternity, the
29-4 court shall order the bureau of vital statistics to amend the birth
29-5 record of the child in accordance with the order of the court.
29-6 Sec. 160.209. COURT RATIFICATION. An unrescinded and
29-7 uncontested acknowledgment of paternity is valid and effective
29-8 without court ratification. In a judicial, administrative, or
29-9 other proceeding, parentage of a child may be proved by evidence
29-10 that an unrescinded and uncontested acknowledgment of paternity of
29-11 the child has been filed with the bureau of vital statistics.
29-12 Sec. 160.210. FULL FAITH AND CREDIT. An acknowledgment of
29-13 paternity signed in another state shall be accorded full faith and
29-14 credit by the courts of this state if the acknowledgment is signed
29-15 in apparent compliance with the other state's law.
29-16 Sec. 160.211. VALIDATION OF EARLIER STATEMENT. A statement
29-17 admitting paternity or an obligation to support a child that was
29-18 signed before September 1, 1999, is valid and binding even though
29-19 the statement is not executed as provided by this subchapter.
29-20 Sec. 160.212. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
29-21 PATERNITY. (a) The bureau of vital statistics shall prescribe
29-22 forms for an acknowledgment of paternity and a denial of paternity
29-23 to comply with this subchapter.
29-24 (b) The forms prescribed under this section must:
29-25 (1) contain information regarding the procedure to
29-26 rescind an acknowledgment or a denial;
30-1 (2) provide that the signatures on the forms are
30-2 witnessed and signed under penalty of perjury; and
30-3 (3) state whether the mother, the putative father, or
30-4 the presumed father is a minor.
30-5 (c) The form for acknowledgment of paternity must inform the
30-6 putative father that signing the acknowledgment of paternity with
30-7 the consent of the mother:
30-8 (1) creates the parent-child relationship between him
30-9 and the child;
30-10 (2) imposes upon him a legal duty to support the
30-11 child; and
30-12 (3) enables a court to grant him the right of custody
30-13 or visitation with the child.
30-14 (d) The form for denial of paternity must inform the man
30-15 that signing the denial of paternity with the consent of the
30-16 mother:
30-17 (1) legally determines his nonpaternity of the child;
30-18 (2) removes the legal duty that he support the child;
30-19 and
30-20 (3) terminates his right of conservatorship or
30-21 possession of or access to the child.
30-22 Sec. 160.213. VALIDITY OF FORMS. The validity of an
30-23 acknowledgment of paternity or a denial of paternity is not
30-24 affected by a modification of the prescribed form by the bureau of
30-25 vital statistics that occurs after the acknowledgment of paternity
30-26 or denial of paternity is signed if the form met the requirements
31-1 of state law at the time it was signed.
31-2 Sec. 160.214. RELEASE OF INFORMATION. The bureau of vital
31-3 statistics shall release information relating to the acknowledgment
31-4 or denial of paternity and rescinding an acknowledgment or a denial
31-5 of paternity to the Title IV-D agency and any other person
31-6 authorized by law.
31-7 Sec. 160.215. ADOPTION OF RULES. The Title IV-D agency and
31-8 the bureau of vital statistics may adopt rules to implement this
31-9 subchapter.
31-10 Sec. 160.216. MEMORANDUM OF UNDERSTANDING. The Title IV-D
31-11 agency and the bureau of vital statistics shall adopt a memorandum
31-12 of understanding governing the collection and transfer of
31-13 information for the voluntary acknowledgment of paternity. The
31-14 Title IV-D agency and the bureau of vital statistics shall review
31-15 the memorandum semiannually and renew or modify the memorandum as
31-16 necessary.
31-17 SECTION 38. Subsection (d), Section 160.251, Family Code, is
31-18 amended to read as follows:
31-19 (d) A man is not required to register with the paternity
31-20 registry if he:
31-21 (1) is presumed to be the biological father of a child
31-22 under Chapter 151; [or]
31-23 (2) has been adjudicated to be the biological father
31-24 of a child by a court of competent jurisdiction; or
31-25 (3) has filed an acknowledgment of paternity under
31-26 Subchapter C.
32-1 SECTION 39. Subchapter D, Chapter 160, Family Code, is
32-2 amended by adding Section 160.2545 to read as follows:
32-3 Sec. 160.2545. INFORMATION REGARDING REGISTRY, BIRTH
32-4 RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
32-5 VITAL STATISTICS. (a) On receipt of a request for a certificate
32-6 under Section 160.260 attesting to the results of a search of the
32-7 paternity registry, the bureau of vital statistics shall search:
32-8 (1) notices of intent to claim paternity filed with
32-9 the registry under this subchapter;
32-10 (2) birth records maintained by the bureau;
32-11 (3) acknowledgments of paternity filed with the bureau
32-12 under Subchapter C; and
32-13 (4) central file records identifying a court of
32-14 continuing jurisdiction and identifying the adjudicated father, if
32-15 any.
32-16 (b) The bureau shall furnish information resulting from a
32-17 search under Subsection (a) to the requestor.
32-18 SECTION 40. Subsection (b), Section 161.105, Family Code, is
32-19 amended to read as follows:
32-20 (b) The affidavit must:
32-21 (1) state that the mother is not and has not been
32-22 married to the alleged father of the child;
32-23 (2) state that the mother and alleged father have not
32-24 attempted to marry under the laws of this state or another state or
32-25 nation;
32-26 (3) state that paternity has not been established
33-1 under the laws of any state or nation; and
33-2 (4) contain one of the following, as applicable:
33-3 (A) the name and whereabouts of a man alleged to
33-4 be the father;
33-5 (B) the name of an alleged father and a
33-6 statement that the affiant does not know the whereabouts of the
33-7 father;
33-8 (C) a statement that an alleged father has
33-9 executed an acknowledgment [a statement] of paternity under Chapter
33-10 160 and an affidavit of relinquishment of parental rights under
33-11 this chapter and that both affidavits have been filed with the
33-12 court; or
33-13 (D) a statement that the name of an alleged
33-14 father is unknown.
33-15 SECTION 41. Subsection (b), Section 201.102, Family Code, is
33-16 amended to read as follows:
33-17 (b) Except as provided by this subchapter, the [following]
33-18 provisions of Subchapter A relating to an associate judge apply to
33-19 a master appointed under this subchapter[:]
33-20 [(1) the appearance of a party or witness before an
33-21 associate judge;]
33-22 [(2) the papers transmitted to the judge by the
33-23 associate judge;]
33-24 [(3) judicial action taken on an associate judge's
33-25 report;]
33-26 [(4) hearings before the judge;]
34-1 [(5) an appeal;]
34-2 [(6) the effect of the associate judge's report
34-3 pending an appeal;]
34-4 [(7) a jury trial;]
34-5 [(8) the attendance of a bailiff; and]
34-6 [(9) the presence of a court reporter].
34-7 SECTION 42. Section 201.104, Family Code, is amended by
34-8 amending the heading and adding Subsections (c) and (d) to read as
34-9 follows:
34-10 Sec. 201.104. [OTHER] POWERS AND DUTIES OF MASTER.
34-11 (c) A master may render and sign any order that is not a
34-12 final order on the merits of the case.
34-13 (d) A master may recommend to the referring court any order
34-14 after a trial on the merits.
34-15 SECTION 43. Subchapter B, Chapter 201, Family Code, is
34-16 amended by adding Sections 201.1041 and 201.1042 to read as
34-17 follows:
34-18 Sec. 201.1041. JUDICIAL ACTION ON MASTER'S REPORT. (a) If
34-19 an appeal to the referring court is not filed or the right to
34-20 appeal is waived, a recommendation of the master, other than a
34-21 recommendation of enforcement by contempt or a recommendation of
34-22 the immediate incarceration of a party, shall become an order of
34-23 the referring court by operation of law without ratification by the
34-24 referring court.
34-25 (b) A master's report that recommends enforcement by
34-26 contempt or the immediate incarceration of a party becomes an order
35-1 of the referring court only if the referring court signs an order
35-2 adopting the master's recommendation.
35-3 (c) Except as provided by Subsection (b), the decisions and
35-4 recommendations of the master have full force and effect and are
35-5 enforceable as an order of the referring court during an appeal of
35-6 the master's report to the referring court.
35-7 Sec. 201.1042. APPEAL TO REFERRING COURT. (a) Except as
35-8 provided in this section, Section 201.015 applies to an appeal of
35-9 the master's recommendations.
35-10 (b) The party appealing a master's recommendation shall file
35-11 notice with the referring court and the clerk of the court.
35-12 (c) A respondent who timely files an appeal of a master's
35-13 report recommending incarceration after a finding of contempt shall
35-14 be brought before the referring court not later than the first
35-15 working day after the date of filing the appeal. The referring
35-16 court shall determine whether the respondent should be released on
35-17 bond or whether the respondent's appearance in court at a
35-18 designated time and place can be otherwise assured.
35-19 (d) If the respondent under Subsection (c) is released on
35-20 bond or other security, the referring court shall condition the
35-21 bond or other security on the respondent's promise to appear in
35-22 court for a hearing on the appeal at a designated date, time, and
35-23 place, and the referring court shall give the respondent notice of
35-24 the hearing in open court. No other notice to the respondent is
35-25 required.
35-26 (e) If the respondent under Subsection (c) is released
36-1 without posting bond or security, the court shall set a hearing on
36-2 the appeal at a designated date, time, and place and give the
36-3 respondent notice of the hearing in open court. No other notice to
36-4 the respondent is required.
36-5 (f) If the referring court is not satisfied that the
36-6 respondent's appearance in court can be assured and the respondent
36-7 remains incarcerated, a hearing on the appeal shall be held as soon
36-8 as practicable, but not later than the fifth day after the date the
36-9 respondent's notice of appeal was filed, unless the respondent and,
36-10 if represented, the respondent's attorney waive the accelerated
36-11 hearing.
36-12 SECTION 44. Subchapter B, Chapter 201, Family Code, is
36-13 amended by adding Section 201.1065 to read as follows:
36-14 Sec. 201.1065. SUPERVISION OF MASTERS. (a) Not later than
36-15 January 1, 2000, the office of court administration and the
36-16 presiding judges of the administrative judicial regions shall
36-17 report to the legislature a plan to improve the efficiency of the
36-18 masters appointed under this subchapter and the masters'
36-19 participation in the child support enforcement program in the
36-20 state.
36-21 (b) The plan must:
36-22 (1) contain written personnel performance standards
36-23 and require annual performance evaluations for the masters and
36-24 other personnel appointed under this subchapter;
36-25 (2) require uniform practices;
36-26 (3) address training needs and resource requirements
37-1 of the masters;
37-2 (4) ensure accountability of the masters for complying
37-3 with applicable federal and state law, including statutes regarding
37-4 a minimum 40-hour workweek and working hours under Chapter 658,
37-5 Government Code; and
37-6 (5) require a uniform process for receiving, handling,
37-7 and resolving complaints about individual masters or the child
37-8 support masters program under this subchapter.
37-9 (c) The office of court administration shall assist the
37-10 presiding judges in monitoring the masters' compliance with job
37-11 performance standards and federal and state laws and policies.
37-12 SECTION 45. Subsection (b), Section 201.107, Family Code, is
37-13 amended to read as follows:
37-14 (b) The presiding judges of the administrative judicial
37-15 regions, state agencies, and counties may contract with the Title
37-16 IV-D agency for available federal funds under Title IV-D to
37-17 reimburse costs and salaries associated with masters and personnel
37-18 appointed under this subchapter [section] and may also use
37-19 available state funds and public or private grants.
37-20 SECTION 46. Section 201.111, Family Code, is amended by
37-21 amending the heading and Subsection (a) to read as follows:
37-22 Sec. 201.111. TIME TO ACT ON MASTER'S REPORT THAT INCLUDES
37-23 FINDING OF CONTEMPT. (a) Not [Except as provided by Subsection
37-24 (b), not] later than the 10th [30th] day after the date a master's
37-25 report recommending a finding of contempt is filed, the referring
37-26 court shall:
38-1 (1) adopt, approve, or reject the master's report;
38-2 (2) hear further evidence; or
38-3 (3) recommit the matter for further proceedings.
38-4 SECTION 47. Subchapter B, Chapter 201, Family Code, is
38-5 amended by adding Section 201.112 to read as follows:
38-6 Sec. 201.112. LIMITATION ON LAW PRACTICE BY MASTER. A
38-7 master may not engage in the private practice of law.
38-8 SECTION 48. Subsection (a), Section 203.005, Family Code, is
38-9 amended to read as follows:
38-10 (a) The administering entity may authorize a domestic
38-11 relations office to assess and collect:
38-12 (1) an initial operations fee not to exceed $15 to be
38-13 paid to the domestic relations office on the filing of a suit;
38-14 (2) in a county that has a child support enforcement
38-15 cooperative agreement with the Title IV-D agency, an initial child
38-16 support service fee not to exceed $36 to be paid to the domestic
38-17 relations office on the filing of a suit;
38-18 (3) a reasonable application fee to be paid by an
38-19 applicant requesting services from the office;
38-20 (4) [(3)] a reasonable attorney's fee and court costs
38-21 incurred or ordered by the court;
38-22 (5) [(4)] a monthly child support service fee not to
38-23 exceed $3 to be paid by a managing conservator and possessory
38-24 conservator for whom the domestic relations office acts as a local
38-25 child support registry;
38-26 (6) [(5)] community supervision fees as provided by
39-1 Chapter 157 if community supervision officers are employed by the
39-2 domestic relations office; and
39-3 (7) [(6)] a reasonable fee for preparation of a
39-4 court-ordered social study.
39-5 SECTION 49. Subsection (a), Section 203.007, Family Code, is
39-6 amended to read as follows:
39-7 (a) A domestic relations office may obtain the records
39-8 described by Subsections (b) and (c) that relate to a person who
39-9 has:
39-10 (1) been ordered to pay child support;
39-11 (2) been designated as a possessory conservator or
39-12 managing conservator of a child;
39-13 (3) been designated to be the father of a child; or
39-14 (4) executed an acknowledgment [a statement] of
39-15 paternity.
39-16 SECTION 50. Section 231.0011, Family Code, is amended to
39-17 read as follows:
39-18 Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
39-19 FOR CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT. (a) The
39-20 [attorney general, as the] Title IV-D agency [for the State of
39-21 Texas] shall have final approval authority on any contract or
39-22 proposal for delivery of Title IV-D services under this section and
39-23 in coordination with the Texas Judicial Council, the Office of
39-24 Court Administration of the Texas Judicial System, the federal
39-25 Office of Child Support Enforcement, and state, county, and local
39-26 officials, shall develop and implement a statewide integrated
40-1 system for child support and medical support enforcement, employing
40-2 federal, state, local, and private resources to:
40-3 (1) unify child support registry functions;
40-4 (2) record and track all child support orders entered
40-5 in the state;
40-6 (3) establish an automated enforcement process which
40-7 will use delinquency monitoring, billing, and other enforcement
40-8 techniques to ensure the payment of current support;
40-9 (4) incorporate existing enforcement resources into
40-10 the system to obtain maximum benefit from state and federal
40-11 funding; and
40-12 (5) ensure accountability for all participants in the
40-13 process, including state, county, and local officials, private
40-14 contractors, and the judiciary.
40-15 (b) [The attorney general shall convene a work group to
40-16 determine a process and develop a timetable for implementation of a
40-17 unified registry system and to identify any barriers to completion
40-18 of the project. The work group shall include representatives of
40-19 the judiciary, district clerks, and domestic relations offices, as
40-20 well as other interested agencies, organizations, and individuals.
40-21 The work group shall report the results of its deliberations to the
40-22 governor, lieutenant governor, speaker of the house of
40-23 representatives, and attorney general on or before January 15,
40-24 1996.]
40-25 [(c) The attorney general shall, in cooperation with the
40-26 work group established by this section, develop technical standards
41-1 for participation in the unified child support system, including
41-2 standard required data elements for effective monitoring of child
41-3 support and medical support orders and for the imposition of
41-4 interest on delinquent child support.]
41-5 [(d)] Counties and other providers of child support services
41-6 shall be required, as a condition of participation in the unified
41-7 system, to enter into a contract with the Title IV-D agency
41-8 [attorney general], to comply with all federal requirements for the
41-9 Title IV-D program, and to maintain at least the current level of
41-10 funding for activities which are proposed to be included in the
41-11 integrated child support system.
41-12 (c) The Title IV-D agency [(e) The attorney general shall
41-13 identify federal requirements, apply for necessary federal waivers,
41-14 and provide technical system requirements and other information
41-15 concerning participation in the system to counties and other
41-16 providers of child support services not later than January 15,
41-17 1996. Counties shall notify the attorney general of existing
41-18 resources and options for participation not later than May 1, 1996.]
41-19 [(f) Not later than June 1, 1996, the attorney general shall
41-20 produce a procurement and implementation plan for hardware and
41-21 software necessary to implement in phases a unified statewide
41-22 registry and enforcement system.]
41-23 [(g) Effective January 15, 1996, the attorney general] may
41-24 contract with any county meeting technical system requirements
41-25 necessary to comply with federal law for provision of Title IV-D
41-26 services in that county. All new cases in which support orders are
42-1 entered in such county after the effective date of a monitoring
42-2 contract shall be Title IV-D cases. Any other case in the county,
42-3 subject to federal requirements and the agreement of the county and
42-4 the Title IV-D agency [attorney general], may be included as a
42-5 Title IV-D case. Any obligee under a support order may refuse
42-6 Title IV-D enforcement services unless required to accept such
42-7 services pursuant to other law.
42-8 (d) [(h)] Counties participating in the unified enforcement
42-9 system shall monitor all child support registry cases and on
42-10 delinquency may, subject to the approval of the Title IV-D agency,
42-11 provide enforcement services through:
42-12 (1) direct provision of services by county personnel;
42-13 (2) subcontracting all or portions of the services to
42-14 private entities or attorneys; or
42-15 (3) such other methods as may be approved by the Title
42-16 IV-D agency.
42-17 (e) [(i) The attorney general shall undertake a least-cost
42-18 review of its child support operations and shall use the
42-19 information developed in such review to determine what, if any,
42-20 contribution of program funds generated through other Title IV-D
42-21 activities should be made to the participating counties. The
42-22 attorney general, in cooperation with the counties and the federal
42-23 Office of Child Support Enforcement shall develop a cost allocation
42-24 methodology to assist the counties in identifying county
42-25 contributions which may qualify for federal financial
42-26 participation.]
43-1 [(j)] The Title IV-D agency [attorney general] may phase in
43-2 the integrated child support registry and enforcement system, and
43-3 the requirement to implement the system shall be contingent on the
43-4 receipt of locally generated funds and federal reimbursement.
43-5 Locally generated funds include but are not limited to funds
43-6 contributed by counties and cities.
43-7 (f) [(k)] The Title IV-D agency [attorney general] shall
43-8 adopt rules to implement this section.
43-9 (g) [(l)] Participation in the statewide integrated system
43-10 for child support and medical support enforcement by a county is
43-11 voluntary, and nothing in this section shall be construed to
43-12 mandate participation.
43-13 (h) [(m)] This section does not limit the ability of the
43-14 Title IV-D agency to enter into an agreement with a county for the
43-15 provision of services as authorized under Section 231.002.
43-16 SECTION 51. Subchapter A, Chapter 231, Family Code, is
43-17 amended by amending Section 231.002, as amended by Chapters 874 and
43-18 911, Acts of the 75th Legislature, Regular Session, 1997, and
43-19 Section 231.005 and adding Sections 231.011 through 231.014 to read
43-20 as follows:
43-21 Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency
43-22 may:
43-23 (1) accept, transfer, and expend funds, subject to the
43-24 General Appropriations Act, made available by the federal or state
43-25 government or by another public or private source for the purpose
43-26 of carrying out this chapter;
44-1 (2) adopt rules for the provision of child support
44-2 services;
44-3 (3) initiate legal actions needed to implement this
44-4 chapter; and
44-5 (4) enter into contracts or agreements necessary to
44-6 administer this chapter.
44-7 (b) The Title IV-D agency may perform the duties and
44-8 functions necessary for locating children under agreements with the
44-9 federal government as provided by 42 U.S.C. Section 663.
44-10 (c) The Title IV-D agency may enter into agreements or
44-11 contracts with federal, state, or other public or private agencies
44-12 or individuals for the purpose of carrying out this chapter. The
44-13 agreements or contracts between the agency and other state agencies
44-14 or political subdivisions of the state are not subject to Chapter
44-15 771 or [Chapter] 783, Government Code.
44-16 (d) Consistent with federal law and any international treaty
44-17 or convention to which the United States is a party and that has
44-18 been ratified by the United States Congress, the Title IV-D agency
44-19 may:
44-20 (1) on approval by and in cooperation with the
44-21 governor, pursue negotiations and enter into reciprocal
44-22 arrangements with the federal government, another state, or a
44-23 foreign country or a political subdivision of the federal
44-24 government, state, or foreign country to:
44-25 (A) establish and enforce child support
44-26 obligations; and
45-1 (B) establish mechanisms to enforce an order
45-2 providing for possession of or access to a child rendered under
45-3 Chapter 153;
45-4 (2) spend money appropriated to the agency for child
45-5 support enforcement to engage in international child support
45-6 enforcement; and
45-7 (3) spend other money appropriated to the agency
45-8 necessary for the agency to conduct the agency's activities under
45-9 Subdivision (1).
45-10 (e) The Title IV-D agency may take the following
45-11 administrative actions with respect to the location of a parent,
45-12 the determination of parentage, and the establishment,
45-13 modification, and enforcement of child support and medical support
45-14 orders required by 42 U.S.C. Section 666(c), without obtaining an
45-15 order from any other judicial or administrative tribunal:
45-16 (1) issue an administrative subpoena, as provided by
45-17 Section 231.303, to obtain financial or other information;
45-18 (2) order genetic testing for parentage determination,
45-19 as provided by Chapter 233;
45-20 (3) order income withholding, as provided by Chapter
45-21 233, and issue an administrative writ of withholding, as provided
45-22 by Chapter 158; and
45-23 (4) take any action with respect to execution,
45-24 collection, and release of a judgment or lien for child support
45-25 necessary to satisfy the judgment or lien, as provided by Chapter
45-26 157.
46-1 (f) [(e)] The Title IV-D agency shall recognize and enforce
46-2 the authority of the Title IV-D agency of another state to take
46-3 actions similar to the actions listed in this section [Subsection
46-4 (d)].
46-5 (g) [(f)] The Title IV-D agency shall develop and use
46-6 procedures for the administrative enforcement of interstate cases
46-7 meeting the requirements of 42 U.S.C. Section 666(a)(14) under
46-8 which the agency:
46-9 (1) shall promptly respond [within five business days]
46-10 to a request made by another state for assistance in a Title IV-D
46-11 case; and
46-12 (2) may, by electronic or other means, transmit to
46-13 another state a request for assistance in a Title IV-D case.
46-14 (h) In each Title IV-D case in which the total amount of a
46-15 child support obligor's child support delinquency is at least
46-16 $5,000 and the obligor owns property in the state or resides in the
46-17 state, the Title IV-D agency shall enforce the child support
46-18 obligation by filing a child support lien under Subchapter G,
46-19 Chapter 157. This subsection does not prohibit the Title IV-D
46-20 agency from filing a child support lien in any other case in which
46-21 a lien may be filed under Subchapter G, Chapter 157.
46-22 Sec. 231.005. BIENNIAL REPORT REQUIRED. (a) The Title IV-D
46-23 agency shall report to the legislature each biennium on:
46-24 (1) the effectiveness of the agency's child support
46-25 enforcement activity in reducing the state's public assistance
46-26 obligations;
47-1 (2) the use and effectiveness of all enforcement tools
47-2 authorized by state or federal law or otherwise available to the
47-3 agency; and
47-4 (3) the progress and impact of the Title IV-D agency's
47-5 efforts to use private contractors to perform Title IV-D program
47-6 functions.
47-7 (b) The agency shall develop a method for estimating the
47-8 costs and benefits of the child support enforcement program and the
47-9 effect of the program on appropriations for public assistance.
47-10 Sec. 231.011. INTERAGENCY WORK GROUP. (a) The Title IV-D
47-11 agency shall convene a standing work group to develop and maintain
47-12 an interagency partnership strategy. The director of the Title
47-13 IV-D agency shall lead the work group.
47-14 (b) The work group shall consist of representatives from the
47-15 Department of Protective and Regulatory Services, the Texas
47-16 Department of Human Services, the Texas Department of Health, the
47-17 Texas Workforce Commission, and the office of the comptroller. The
47-18 executive head of each agency shall appoint the agency's
47-19 representative. If the work group addresses an issue that is under
47-20 the authority of the Health and Human Services Commission, the work
47-21 group shall include a representative from that commission when
47-22 addressing that issue.
47-23 (c) The interagency partnership strategy shall:
47-24 (1) identify methods to improve the exchange of data
47-25 between the agencies represented in the work group;
47-26 (2) develop procedures to coordinate the child support
48-1 efforts of each agency in the work group;
48-2 (3) identify the benefits of contracts under which a
48-3 state agency provides child support services related to the
48-4 agency's core competency to the Title IV-D agency;
48-5 (4) identify ways to improve client intake and client
48-6 referral;
48-7 (5) develop methods to enhance foster care child
48-8 support collections;
48-9 (6) increase the recovery of Medicaid for the Title
48-10 IV-D agency and the Texas Department of Health; and
48-11 (7) examine the benefits of contracts under which the
48-12 comptroller or a private entity provides services regarding the
48-13 receipt and payment of child support.
48-14 (d) Each agency represented on the work group shall identify
48-15 specific child support services that are related to the agency's
48-16 areas of core competence and may be provided by the agency under a
48-17 contract. The state auditor and the State Council on Competitive
48-18 Government shall assist:
48-19 (1) the agencies in identifying the child support
48-20 services that are within the agency's core competency; and
48-21 (2) the work group in developing strategies to obtain
48-22 child support services from the agencies.
48-23 Sec. 231.012. COUNTY ADVISORY WORK GROUP. (a) The director
48-24 of the Title IV-D agency shall establish a county advisory work
48-25 group to assist the Title IV-D agency in developing and changing
48-26 child support programs that affect counties. The work group shall
49-1 consist of at least one of each of the following:
49-2 (1) county judge;
49-3 (2) county commissioner;
49-4 (3) district clerk;
49-5 (4) domestic relations officer;
49-6 (5) Title IV-D master; and
49-7 (6) district court judge.
49-8 (b) The director of the Title IV-D agency shall appoint the
49-9 members of the work group after consulting with the relevant
49-10 professional or trade associations of the professions that are
49-11 represented on the work group. The director of the Title IV-D
49-12 agency shall determine the number of members of the work group and
49-13 shall designate the presiding officer of the group.
49-14 (c) The work group shall:
49-15 (1) advise the director of the Title IV-D agency of
49-16 the impact on counties that a proposed child support program or a
49-17 change in a program may have;
49-18 (2) establish a state-county child support improvement
49-19 plan;
49-20 (3) advise the Title IV-D agency on the operation of
49-21 the state disbursement unit;
49-22 (4) plan for monetary incentives for county
49-23 partnership programs;
49-24 (5) expand the number of agreements with counties for
49-25 enforcement services; and
49-26 (6) work with relevant statewide associations on a
50-1 model partnership agreement.
50-2 (d) A work group member or the member's designee may not
50-3 receive compensation but is entitled to reimbursement for actual
50-4 and necessary expenses incurred in performing the member's duties
50-5 under this section.
50-6 (e) The work group is not an advisory committee as defined
50-7 by Section 2110.001, Government Code. Chapter 2110, Government
50-8 Code, does not apply to the work group.
50-9 Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE.
50-10 (a) The Title IV-D agency shall create an information resources
50-11 steering committee to:
50-12 (1) oversee information resource project development
50-13 for the Title IV-D agency;
50-14 (2) make strategic prioritization recommendations;
50-15 (3) facilitate development of accurate information for
50-16 the director of the Title IV-D agency; and
50-17 (4) perform other functions as determined by the
50-18 director of the Title IV-D agency.
50-19 (b) The steering committee must include a senior management
50-20 executive representing each significant function of the Title IV-D
50-21 agency. The steering committee may include a person representing:
50-22 (1) counties; or
50-23 (2) a vendor contracting with the Title IV-D agency.
50-24 (c) The director of the Title IV-D agency shall appoint the
50-25 members of the steering committee after consulting with the
50-26 Department of Information Resources.
51-1 Sec. 231.014. PERSONNEL. The director of the Title IV-D
51-2 agency shall provide to the employees of the Title IV-D agency, as
51-3 often as necessary, information regarding the requirements for
51-4 employment under this title, including information regarding a
51-5 person's responsibilities under applicable laws relating to
51-6 standards of conduct for state employees.
51-7 SECTION 52. Subsection (b), Section 231.106, Family Code, is
51-8 amended to read as follows:
51-9 (b) The Title IV-D agency shall send a copy of the notice of
51-10 termination of assignment to the court ordering the support and to
51-11 the child support registry, and on receipt of the notice the clerk
51-12 of the court shall file the notice in the appropriate case file.
51-13 The clerk may not require an order of the court to terminate the
51-14 assignment and direct support payments to the person entitled to
51-15 receive the payment.
51-16 SECTION 53. Section 231.108, Family Code, is amended by
51-17 adding Subsection (f) to read as follows:
51-18 (f) The Title IV-D agency, by rule, may provide for the
51-19 release of information to persons for purposes not prohibited by
51-20 federal law.
51-21 SECTION 54. Subchapter B, Chapter 231, Family Code, is
51-22 amended by amending Section 231.112 and Section 231.115, as added
51-23 by Chapter 911, Acts of the 75th Legislature, Regular Session,
51-24 1997, renumbering and amending Section 231.115, as added by Chapter
51-25 165, Acts of the 75th Legislature, Regular Session, 1997, and
51-26 adding Sections 231.118, 231.119, and 231.120 to read as follows:
52-1 Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On
52-2 notification by the state registrar under Section 192.005(d),
52-3 Health and Safety Code, that the items relating to the child's
52-4 father are not completed on a birth certificate filed with the
52-5 state registrar, the Title IV-D agency may provide to:
52-6 (1) the child's mother and, if possible, the man
52-7 claiming to be the child's biological father written information
52-8 necessary for the man to complete an acknowledgment [a statement]
52-9 of paternity as provided by Chapter 160; and
52-10 (2) the child's mother written information:
52-11 (A) explaining the benefits of having the
52-12 child's paternity established; and
52-13 (B) regarding the availability of paternity
52-14 establishment and child support enforcement services.
52-15 Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC
52-16 ASSISTANCE. (a) The failure by a person who is a recipient of
52-17 public assistance under Chapter 31, Human Resources Code, to
52-18 provide accurate information as required by Section 31.0315, Human
52-19 Resources Code, shall serve as the basis for a determination by the
52-20 Title IV-D agency that the person did not cooperate with the Title
52-21 IV-D agency.
52-22 (b) The Title IV-D agency shall:
52-23 (1) identify [adopt rules establishing] the actions or
52-24 failures to act by a recipient of public assistance that constitute
52-25 noncooperation with the Title IV-D agency;
52-26 (2) adopt rules governing noncompliance; and
53-1 (3) send noncompliance determinations to the Texas
53-2 Department of Human Services for immediate imposition of sanctions.
53-3 (c) In adopting rules under this section that establish the
53-4 basis for determining that a person has failed to cooperate with
53-5 the Title IV-D agency, the Title IV-D agency shall consider
53-6 whether:
53-7 (1) good cause exists for the failure to cooperate;
53-8 (2) the person has failed to disclose the name and
53-9 location of an alleged or probable parent of the child, if known by
53-10 the person, at the time of applying for public assistance or at a
53-11 subsequent time; and
53-12 (3) the person named a man as the alleged father and
53-13 the man was subsequently excluded by parentage testing as being the
53-14 father if the person has previously named another man as the
53-15 child's father.
53-16 Sec. 231.117 [231.115]. UNEMPLOYED NONCUSTODIAL PARENTS.
53-17 (a) The Title IV-D agency shall refer to appropriate state and
53-18 local entities that assist unemployed noncustodial parents in
53-19 gaining employment any unemployed noncustodial parent who is in
53-20 arrears in court-ordered child support payments to a child who:
53-21 (1) receives financial assistance under Chapter 31,
53-22 Human Resources Code; or
53-23 (2) is otherwise eligible to receive financial
53-24 assistance under Chapter 31, Human Resources Code, and for whom the
53-25 Department of Protective and Regulatory Services is providing
53-26 substitute care.
54-1 (b) A referral under Subsection (a) may include:
54-2 (1) skills training and job placement through:
54-3 (A) the Texas Workforce Commission; or
54-4 (B) the agency responsible for the food stamp
54-5 employment and training program (7 U.S.C. Section 2015(d));
54-6 (2) referrals to education and literacy classes; and
54-7 (3) counseling regarding:
54-8 (A) substance abuse;
54-9 (B) parenting skills;
54-10 (C) life skills; and
54-11 (D) mediation techniques.
54-12 (c) The Title IV-D agency may require an unemployed
54-13 noncustodial parent to complete the training, classes, or
54-14 counseling the parent is referred to under this section. The
54-15 agency shall suspend under Chapter 232 the license of a parent who
54-16 fails to comply with the requirements of this subsection.
54-17 (d) A court or the Title IV-D agency may issue an order that
54-18 requires the parent to either work, have a plan to pay overdue
54-19 child support, or participate in work activities appropriate to pay
54-20 the overdue support.
54-21 Sec. 231.118. SERVICE OF CITATION. (a) The Title IV-D
54-22 agency may contract with private process servers to serve a
54-23 citation, a subpoena, an order, or any other document required or
54-24 appropriate under law to be served a party.
54-25 (b) For the purposes of Rule 103 of the Texas Rules of Civil
54-26 Procedure, a person who serves a citation or any other document
55-1 under this section is authorized to serve the document without a
55-2 written court order authorizing the service.
55-3 (c) Issuance and return of the process shall be made in
55-4 accordance with law and shall be verified by the person serving the
55-5 document.
55-6 Sec. 231.119. OMBUDSMAN PROGRAM. (a) The Title IV-D agency
55-7 shall establish an ombudsman program to process and track
55-8 complaints against the Title IV-D agency. The director of the
55-9 Title IV-D agency shall:
55-10 (1) designate an employee to serve as chief ombudsman
55-11 to manage the ombudsman program; and
55-12 (2) designate an employee in each field office to act
55-13 as the ombudsman for the office.
55-14 (b) The Title IV-D agency shall develop and implement a
55-15 uniform process for receiving and resolving complaints against the
55-16 Title IV-D agency throughout the state. The process shall include
55-17 statewide procedures to inform the public and recipients of Title
55-18 IV-D services of the right to file a complaint against the Title
55-19 IV-D agency, including the mailing addresses and telephone numbers
55-20 of appropriate Title IV-D agency personnel responsible for
55-21 receiving complaints and providing related assistance.
55-22 (c) The ombudsman in each field office shall ensure that an
55-23 employee in the field office responds to and attempts to resolve
55-24 each complaint that is filed with the field office. If a complaint
55-25 cannot be resolved at the field office level, the ombudsman in the
55-26 field office shall refer the complaint to the chief ombudsman.
56-1 (d) The Title IV-D agency shall maintain a file on each
56-2 written complaint filed with the Title IV-D agency. The file must
56-3 include:
56-4 (1) the name of the person who filed the complaint;
56-5 (2) the date the complaint is received by the Title
56-6 IV-D agency;
56-7 (3) the subject matter of the complaint;
56-8 (4) the name of each person contacted in relation to
56-9 the complaint;
56-10 (5) a summary of the results of the review or
56-11 investigation of the complaint; and
56-12 (6) an explanation of the reason the file was closed,
56-13 if the agency closed the file without taking action other than to
56-14 investigate the complaint.
56-15 (e) The Title IV-D agency, at least quarterly until final
56-16 disposition of the complaint, shall notify the person filing the
56-17 complaint and each person who is a subject of the complaint of the
56-18 status of the investigation of the complaint unless the notice
56-19 would jeopardize an undercover investigation.
56-20 (f) The Title IV-D agency shall provide to the person filing
56-21 the complaint and to each person who is a subject of the complaint
56-22 a copy of the Title IV-D agency's policies and procedures relating
56-23 to complaint investigation and resolution.
56-24 Sec. 231.120. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. The
56-25 Title IV-D agency shall maintain a toll-free telephone number at
56-26 which personnel are available during normal business hours to
57-1 answer questions from employers responsible for withholding child
57-2 support. The Title IV-D agency shall inform employers about the
57-3 toll-free telephone number.
57-4 SECTION 55. Section 231.204, Family Code, is amended to read
57-5 as follows:
57-6 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except
57-7 as provided by this subchapter, an appellate court, a clerk of an
57-8 appellate court, a district or county clerk, sheriff, constable, or
57-9 other government officer or employee may not charge the Title IV-D
57-10 agency or a private attorney or political subdivision that has
57-11 entered into a contract to provide Title IV-D services any fees or
57-12 other amounts otherwise imposed by law for services rendered in, or
57-13 in connection with, a Title IV-D case, including:
57-14 (1) a fee payable to a district clerk for:
57-15 (A) performing services related to the estates
57-16 of deceased persons or minors;
57-17 (B) certifying copies; or
57-18 (C) comparing copies to originals;
57-19 (2) a court reporter fee, except as provided by
57-20 Section 231.209;
57-21 (3) a judicial fund fee;
57-22 (4) a fee for a child support registry, enforcement
57-23 office, or domestic relations office; and
57-24 (5) a fee for alternative dispute resolution services.
57-25 SECTION 56. Section 231.301, Family Code, is amended to read
57-26 as follows:
58-1 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. (a) The
58-2 parent locator service conducted by the Title IV-D agency shall be
58-3 used to obtain information for:
58-4 (1) child support establishment and enforcement
58-5 purposes regarding the identity, social security number, location,
58-6 employer and employment benefits, income, and assets or debts of
58-7 any individual under an obligation to pay child or medical support
58-8 or to whom a support obligation is owed; or
58-9 (2) the establishment of paternity.
58-10 (b) As authorized by federal law, the following persons may
58-11 receive information under this section:
58-12 (1) a person or entity that contracts with the Title
58-13 IV-D agency to provide services authorized under Title IV-D or an
58-14 employee of the Title IV-D agency;
58-15 (2) an attorney who has the duty or authority, by law,
58-16 to enforce an order for possession of or access to a child;
58-17 (3) a court, or an agent of the court, having
58-18 jurisdiction to render or enforce an order for possession of or
58-19 access to a child;
58-20 (4) the resident parent, legal guardian, attorney, or
58-21 agent of a child who is not receiving public assistance; and
58-22 (5) a state agency that administers a program operated
58-23 under a state plan as provided by 42 U.S.C. Section 653(c).
58-24 SECTION 57. Section 231.305, Family Code, is amended to read
58-25 as follows:
58-26 Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
59-1 FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D
59-2 agency and the Texas Department of Human Services by rule shall
59-3 adopt a memorandum of understanding governing the establishment and
59-4 enforcement of court-ordered child support in cases involving
59-5 children who receive financial assistance under Chapter 31, Human
59-6 Resources Code. The memorandum shall require the agency and the
59-7 department to:
59-8 (1) develop procedures to ensure that the information
59-9 the department is required to collect to establish and enforce
59-10 child support:
59-11 (A) is collected from the person applying to
59-12 receive the financial assistance at the time the application is
59-13 filed;
59-14 (B) is accurate and complete when the department
59-15 forwards the information to the agency; [and]
59-16 (C) is not information previously reported to
59-17 the agency; and
59-18 (D) is forwarded to the agency in an expeditious
59-19 manner;
59-20 (2) develop procedures to ensure that the agency does
59-21 not duplicate the efforts of the department in gathering necessary
59-22 information;
59-23 (3) clarify each agency's responsibilities in the
59-24 establishment and enforcement of child support; [and]
59-25 (4) develop guidelines for use by eligibility workers
59-26 and child support enforcement officers in obtaining from an
60-1 applicant the information required to establish and enforce child
60-2 support for that child;
60-3 (5) develop training programs for appropriate
60-4 department personnel to enhance the collection of information for
60-5 child support enforcement;
60-6 (6) develop a standard time, not to exceed 30 days,
60-7 for the department to initiate a sanction on request from the
60-8 agency;
60-9 (7) develop procedures for agency participation in
60-10 department appeal hearings relating to noncompliance sanctions;
60-11 (8) develop performance measures regarding the
60-12 timeliness and the number of sanctions resulting from agency
60-13 requests for noncompliance sanctions; and
60-14 (9) prescribe:
60-15 (A) the time in which the department is required
60-16 to forward information under Subdivision (1)(D); and
60-17 (B) what constitutes complete information under
60-18 Subdivision (1)(B).
60-19 (b) The Title IV-D agency and the Texas Department of Human
60-20 Services [semiannually] shall review and renew or modify the
60-21 memorandum not later than January 1 of each even-numbered year [as
60-22 necessary].
60-23 SECTION 58. Section 231.307, Family Code, is amended by
60-24 amending Subsections (c) and (d) and adding Subsection (e) to read
60-25 as follows:
60-26 (c) The Title IV-D agency may enter into an agreement with
61-1 one or more states to create a consortium for data matches
61-2 authorized under this section. The Title IV-D agency may contract
61-3 with a vendor selected by the consortium to perform data matches
61-4 with financial institutions.
61-5 (d) A financial institution providing information or
61-6 responding to a notice of child support lien provided under
61-7 Subchapter G, Chapter 157, or otherwise acting in good faith to
61-8 comply with the Title IV-D agency's procedures under this section
61-9 may not be liable under any federal or state law for any damages
61-10 that arise from those acts.
61-11 (e) [(d)] In this section:
61-12 (1) "Financial institution" has the meaning assigned
61-13 by 42 U.S.C. Section 669a(d)(1); and
61-14 (2) "Account" means a demand deposit account, checking
61-15 or negotiable withdrawal order account, savings account, time
61-16 deposit account, or money market mutual fund account.
61-17 SECTION 59. Subsection (a), Section 232.003, Family Code, is
61-18 amended to read as follows:
61-19 (a) A court or the Title IV-D agency may issue an order
61-20 suspending a license as provided by this chapter if an individual
61-21 who is an obligor:
61-22 (1) has a child support arrearage equal to or greater
61-23 than the total support due for 90 days under a support order;
61-24 (2) has been provided an opportunity to make payments
61-25 toward the child support arrearage under a court order or an agreed
61-26 [or court-ordered] repayment schedule[, without regard to whether
62-1 the repayment schedule was agreed to or ordered before or after the
62-2 date the petition for suspension of a license was filed]; and
62-3 (3) has failed to comply with the repayment schedule.
62-4 SECTION 60. Subsection (b), Section 232.004, Family Code, is
62-5 amended to read as follows:
62-6 (b) In a Title IV-D case, the petition shall be filed with
62-7 the Title IV-D agency, the court of continuing jurisdiction, or the
62-8 tribunal in which a child support order has been registered under
62-9 Chapter 159. The tribunal in which the petition is filed obtains
62-10 jurisdiction over the matter.
62-11 SECTION 61. Subsection (a), Section 232.008, Family Code, is
62-12 amended to read as follows:
62-13 (a) On making the findings required by Section 232.003, the
62-14 court or Title IV-D agency shall render an order suspending the
62-15 license unless the individual:
62-16 (1) proves that all arrearages and the current month's
62-17 support have been paid; [or]
62-18 (2) shows good cause for failure to comply with the
62-19 subpoena; or
62-20 (3) establishes an affirmative defense as provided by
62-21 Section 157.008(c).
62-22 SECTION 62. Section 233.001, Family Code, as added by
62-23 Chapter 420, Acts of the 75th Legislature, Regular Session, 1997,
62-24 is amended by amending Subsection (b) and adding Subsection (c) to
62-25 read as follows:
62-26 (b) The state case registry shall provide to a custodial
63-1 parent under Subsection (a) who makes a request for information or,
63-2 to the extent provided by federal law, to an attorney, friend of
63-3 the court, guardian ad litem, or domestic relations office
63-4 designated by the parent any information in the registry required
63-5 by 42 U.S.C. Section 654a(e) concerning the parent's case[,
63-6 including:]
63-7 [(1) the noncustodial parent's address, social
63-8 security number, and employer's name and address;]
63-9 [(2) the amount and location of real and personal
63-10 property owned by the noncustodial parent;]
63-11 [(3) the name and address of financial institutions in
63-12 which the noncustodial parent has an account and each account
63-13 number; and]
63-14 [(4) any other information the disclosure of which is
63-15 not specifically prohibited by federal law].
63-16 (c) To the extent permitted by federal law, the state case
63-17 registry shall provide the information described by Subsection (b)
63-18 to a domestic relations office or friend of the court that requests
63-19 information regarding a case described by Subsection (a).
63-20 SECTION 63. Section 233.005, Family Code, as redesignated by
63-21 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
63-22 is amended to read as follows:
63-23 Sec. 233.005. INITIATING ADMINISTRATIVE ACTIONS. An
63-24 administrative action under this chapter may be initiated by
63-25 issuing a notice of child support review under Section 233.006 or a
63-26 notice of proposed child support review order under Section 233.009
64-1 or 233.0095 to each party entitled to notice.
64-2 SECTION 64. Chapter 233, Family Code, as redesignated by
64-3 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
64-4 is amended by adding Section 233.0095 to read as follows:
64-5 Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER
64-6 IN CASES OF ACKNOWLEDGED PATERNITY. (a) If an individual has
64-7 signed the acknowledgment of paternity as the father of the child
64-8 or executed a statement of paternity, the Title IV-D agency may
64-9 serve on the parties a notice of proposed child support review
64-10 order.
64-11 (b) The notice of proposed child support review order shall
64-12 state:
64-13 (1) the amount of periodic payment of child support
64-14 due;
64-15 (2) that the person identified in the notice as the
64-16 party responsible for payment of the support amounts may only
64-17 contest the amount of monthly support; and
64-18 (3) that, if the person identified in the notice as
64-19 the party responsible for payment of the support amounts does not
64-20 contest the notice in writing or request a negotiation conference
64-21 to discuss the notice not later than the 15th day after the date
64-22 the notice was delivered, the Title IV-D agency may file the child
64-23 support order for child support and for medical support for the
64-24 child as provided by Chapter 154 according to the information
64-25 available to the agency.
64-26 (c) The Title IV-D agency may schedule a negotiation
65-1 conference without a request from a party.
65-2 (d) The Title IV-D agency shall schedule a negotiation
65-3 conference on the timely request of a party.
65-4 (e) The Title IV-D agency may conduct a negotiation
65-5 conference, or any part of a negotiation conference, by telephone
65-6 conference call, by video conference, or in person and may adjourn
65-7 the conference for a reasonable time to permit mediation of issues
65-8 that cannot be resolved by the parties and the agency.
65-9 SECTION 65. Section 233.018, Family Code, as redesignated by
65-10 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
65-11 is amended to read as follows:
65-12 Sec. 233.018. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT
65-13 REVIEW ORDER. (a) If a negotiation conference results in an
65-14 agreement of the parties, each party must sign the child support
65-15 review order and the order must contain as to each party:
65-16 (1) a waiver by the party of the right to service of
65-17 process and a court hearing and the making of a record on the
65-18 petition for confirmation;
65-19 (2) the mailing address of the party; and
65-20 (3) the following statement printed on the order in
65-21 boldfaced type, [boldface or] in [all] capital letters, or
65-22 underlined:
65-23 "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW ORDER.
65-24 I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY THE
65-25 COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT I HAVE A RIGHT TO
65-26 REQUEST THAT A COURT RECONSIDER THE ORDER BY FILING A MOTION FOR A
66-1 NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY AFTER THE DATE OF THE
66-2 CONFIRMATION OF THE ORDER BY THE COURT. I KNOW THAT IF I DO NOT
66-3 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
66-4 (b) If a negotiation conference results in an agreement on
66-5 some but not all issues in the case, the parties may sign a waiver
66-6 of service along with an agreement to appear in court at a
66-7 specified date and time for a determination by the court of all
66-8 unresolved issues. Notice of the hearing is not required.
66-9 SECTION 66. Section 233.019(c), Family Code, as redesignated
66-10 and amended by Chapter 911, Acts of the 75th Legislature, Regular
66-11 Session, 1997, is amended to read as follows:
66-12 (c) If applicable, an acknowledgment [a statement] of
66-13 paternity or a written report of a parentage testing expert and any
66-14 documentary evidence relied upon by the agency shall be filed with
66-15 the agreed review order as an exhibit to the order.
66-16 SECTION 67. Section 233.020, Family Code, as redesignated by
66-17 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
66-18 is amended to read as follows:
66-19 Sec. 233.020. CONTENTS OF PETITION FOR CONFIRMATION OF
66-20 NONAGREED ORDER. (a) A petition for confirmation of a child
66-21 support review order not agreed to by the parties:
66-22 (1) must include the final review order as an
66-23 attachment to the petition; and
66-24 (2) may include a waiver of service executed under
66-25 Section 233.018(b) and an agreement to appear in court for a
66-26 hearing.
67-1 (b) Documentary evidence relied on by the Title IV-D agency,
67-2 including, if applicable, an acknowledgment [a statement] of
67-3 paternity or a written report of a parentage testing expert, shall
67-4 be filed with the clerk as exhibits to the petition, but are not
67-5 required to be served on the parties. The petition must identify
67-6 the exhibits that are filed with the clerk.
67-7 SECTION 68. Subchapter A, Chapter 234, Family Code, as added
67-8 by Chapter 911, Acts of the 75th Legislature, Regular Session,
67-9 1997, is amended by amending Sections 234.001, 234.002, and 234.003
67-10 and adding Sections 234.006, 234.007, 234.008, and 234.009 to read
67-11 as follows:
67-12 Sec. 234.001. ESTABLISHMENT AND OPERATION OF STATE CASE
67-13 [UNIFIED] REGISTRY AND STATE DISBURSEMENT UNIT. (a) The Title
67-14 IV-D agency shall establish and operate a [unified] state case
67-15 registry and state disbursement unit meeting the requirements of 42
67-16 U.S.C. Sections 654a(e) and 654b.
67-17 (b) The state case registry [and unit] shall[:]
67-18 [(1)] maintain records of child support orders in
67-19 Title IV-D cases and in other cases in which a child support order
67-20 has been established or modified in this state on or after October
67-21 1, 1998.[;]
67-22 (c) The state disbursement unit shall:
67-23 (1) [(2)] receive, maintain, and furnish records of
67-24 child support payments in Title IV-D cases and other cases as
67-25 required by law;
67-26 (2) forward [(3) in a Title IV-D case, monitor
68-1 support payments and initiate appropriate enforcement actions
68-2 immediately on the occurrence of a delinquency in payment;]
68-3 [(4) distribute] child support payments as required by
68-4 law; [and]
68-5 (3) [(5)] maintain [custody of official] child support
68-6 payment records made through the state [in the registry and]
68-7 disbursement unit; and
68-8 (4) make available to a local registry each day in a
68-9 manner determined by the Title IV-D agency with the assistance of
68-10 the work group established under Section 234.003 the following
68-11 information:
68-12 (A) the cause number of the suit under which
68-13 withholding is required;
68-14 (B) the payor's name and social security number;
68-15 (C) the payee's name and, if available, social
68-16 security number;
68-17 (D) the date the disbursement unit received the
68-18 payment;
68-19 (E) the amount of the payment; and
68-20 (F) the instrument identification information.
68-21 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
68-22 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
68-23 child support and medical support enforcement under Chapter 231
68-24 shall be part of the [unified] state case registry and state
68-25 disbursement unit authorized by this subchapter.
68-26 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
69-1 Title IV-D agency shall convene a work group to develop procedures
69-2 for the establishment and operation of the [unified] state case
69-3 registry and state disbursement unit. The work group shall consist
69-4 of representatives of the judiciary, district clerks, domestic
69-5 relations offices, and the bureau of vital statistics, as well as
69-6 other county and state agencies, and other appropriate entities,
69-7 identified by the Title IV-D agency. To the extent possible, the
69-8 work group shall consolidate the reporting of information relating
69-9 to court orders required of clerks of courts under this title.
69-10 (b) The work group shall meet at least quarterly [Title IV-D
69-11 agency shall, in cooperation with the work group established under
69-12 this section, adopt rules and prescribe forms to implement this
69-13 subchapter].
69-14 (c) A work group member or the member's designee may not
69-15 receive compensation but is entitled to reimbursement for actual
69-16 and necessary expenses incurred in performing the member's duties
69-17 under this section.
69-18 (d) The work group is not an advisory committee as defined
69-19 by Section 2110.001, Government Code. Chapter 2110, Government
69-20 Code, does not apply to the work group.
69-21 (e) This section expires December 31, 2000.
69-22 Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. The Title IV-D
69-23 agency shall, in cooperation with the work group established under
69-24 Section 234.003, adopt rules, in compliance with federal law, that
69-25 establish the definitions for, and the date of and the procedures
69-26 for:
70-1 (1) the operation of the state case registry and the
70-2 state disbursement unit; and
70-3 (2) the return of payments made in error or delivered
70-4 to the state disbursement unit with insufficient information for
70-5 disbursement.
70-6 Sec. 234.007. NOTICE OF PLACE OF PAYMENT. (a) The Title
70-7 IV-D agency shall notify the courts that the state disbursement
70-8 unit has been established. After receiving notice of the
70-9 establishment of the state disbursement unit, a court that orders
70-10 income to be withheld for child support shall order that all income
70-11 withheld for child support be paid to the state disbursement unit.
70-12 (b) In order to redirect payments from a local registry to
70-13 the state disbursement unit after the date of the establishment of
70-14 the state disbursement unit, the Title IV-D agency shall issue a
70-15 notice of place of payment informing the obligor, obligee, and
70-16 employer that income withheld for child support is to be paid to
70-17 the state disbursement unit.
70-18 (c) A copy of the notice under Subsection (b) shall be filed
70-19 with the court of continuing jurisdiction and with the local child
70-20 support registry.
70-21 (d) The notice under Subsection (b) must include:
70-22 (1) the name of the child for whom support is ordered
70-23 and of the person to whom support is ordered by the court to be
70-24 paid;
70-25 (2) the style and cause number of the case in which
70-26 support is ordered; and
71-1 (3) instructions for the payment of ordered support to
71-2 the state disbursement unit.
71-3 (e) On receipt of a copy of the notice under Subsection (b),
71-4 the clerk of the court shall file the notice in the appropriate
71-5 case file.
71-6 Sec. 234.008. DEPOSIT, DISTRIBUTION, AND ISSUANCE OF
71-7 PAYMENTS. (a) Not later than the second business day after the
71-8 date the state disbursement unit receives a child support payment,
71-9 the state disbursement unit shall distribute the payment to the
71-10 Title IV-D agency or the obligee.
71-11 (b) The state disbursement unit shall deposit daily all
71-12 child support payments in a trust fund with the state comptroller.
71-13 Subject to the agreement of the comptroller, the state disbursement
71-14 unit may issue checks from the trust fund.
71-15 Sec. 234.009. OFFICIAL CHILD SUPPORT PAYMENT RECORD.
71-16 (a) The record of child support payments maintained by a local
71-17 registry is the official record of a payment received directly by
71-18 the local registry.
71-19 (b) The record of child support payments maintained by the
71-20 state disbursement unit is the official record of a payment
71-21 received directly by the unit.
71-22 (c) After the date child support payments formerly received
71-23 by a local registry are redirected to the state disbursement unit,
71-24 a local registry may accept a record of payments furnished by the
71-25 state disbursement unit and may add the payments to the record of
71-26 payments maintained by the local registry so that a complete
72-1 payment record is available for use by the court.
72-2 (d) If the local registry does not add payments received by
72-3 the state disbursement unit to the record maintained by the
72-4 registry as provided by Subsection (c), the official record of
72-5 child support payments consists of the record maintained by the
72-6 local registry for payments received directly by the registry and
72-7 the record maintained by the state disbursement unit for payments
72-8 received directly by the unit.
72-9 SECTION 69. Section 192.002, Health and Safety Code, is
72-10 amended by adding Subsection (d) to read as follows:
72-11 (d) The social security numbers of the mother and father
72-12 recorded on the form shall be made available to the federal Social
72-13 Security Administration.
72-14 SECTION 70. Section 192.0051, Health and Safety Code, is
72-15 amended to read as follows:
72-16 Sec. 192.0051. REPORT OF DETERMINATION [CERTIFICATE] OF
72-17 PATERNITY. (a) A report [declaration] of each determination of
72-18 paternity in this state shall be filed with the state registrar.
72-19 (b) On a determination of paternity, the petitioner shall
72-20 provide the clerk of the court in which the decree was granted with
72-21 the information necessary to prepare the report [declaration]. The
72-22 clerk shall:
72-23 (1) report the determination [prepare the declaration]
72-24 on a form or in a manner provided by the department; and
72-25 (2) complete the report [declaration] immediately
72-26 after the decree becomes final.
73-1 (c) On completion of the report [Not later than the 10th day
73-2 of each month], the clerk of the court shall forward to the state
73-3 registrar the report [a declaration] for each decree that became
73-4 final in that court [during the preceding month].
73-5 SECTION 71. Section 192.006, Health and Safety Code, is
73-6 amended by adding Subsection (e) to read as follows:
73-7 (e) In accordance with board rules, a supplementary birth
73-8 certificate may be filed for a person whose parentage has been
73-9 determined by an acknowledgment of paternity.
73-10 SECTION 72. Subchapter A, Chapter 192, Health and Safety
73-11 Code, is amended by adding Section 192.012 to read as follows:
73-12 Sec. 192.012. RECORD OF ACKNOWLEDGMENT OF PATERNITY.
73-13 (a) If the mother of a child is not married to the father of the
73-14 child, a person listed in Section 192.003 who is responsible for
73-15 filing the birth certificate shall:
73-16 (1) provide an opportunity for the child's mother and
73-17 putative father to sign an acknowledgment of paternity as provided
73-18 by Subchapter C, Chapter 160, Family Code; and
73-19 (2) provide oral and written information to the
73-20 child's mother and putative father about:
73-21 (A) establishing paternity, including an
73-22 explanation of the rights and responsibilities that result from
73-23 acknowledging paternity; and
73-24 (B) the availability of child support services.
73-25 (b) The local registrar shall transmit the acknowledgment of
73-26 paternity to the state registrar.
74-1 (c) The state registrar shall record the information
74-2 contained in the acknowledgment of paternity and transmit the
74-3 information to the Title IV-D agency.
74-4 (d) The Title IV-D agency may use the information contained
74-5 in the acknowledgment of paternity for any purpose directly
74-6 connected with providing child support services under Chapter 231,
74-7 Family Code.
74-8 SECTION 73. Section 193.001, Health and Safety Code, is
74-9 amended by amending Subsections (b) and (c) and adding Subsection
74-10 (d) to read as follows:
74-11 (b) The social security number shall be recorded on the
74-12 death certificate and on any other records related to the death.
74-13 (c) The department shall require death certificates and
74-14 fetal death certificates to include the name of the place and the
74-15 specific number of the plot, crypt, lawn crypt, or niche in which a
74-16 decedent's remains will be interred or, if the remains will not be
74-17 interred, the place and manner of other disposition.
74-18 (d) [(c)] The bureau of vital statistics and each local
74-19 registrar shall make the information provided under Subsection (c)
74-20 [(b)] available to the public and may charge a fee in an amount
74-21 prescribed under Section 191.0045 for providing that service.
74-22 SECTION 74. Subsection (a), Section 31.0032, Human Resources
74-23 Code, is amended to read as follows:
74-24 (a) Except as provided by Section 231.115, Family Code, as
74-25 added by Chapter 911, Acts of the 75th Legislature, Regular
74-26 Session, 1997, if [If] after an investigation the department or the
75-1 Title IV-D agency determines that a person is not complying with a
75-2 requirement of the responsibility agreement required under Section
75-3 31.0031, the department immediately shall apply appropriate
75-4 sanctions or penalties regarding the assistance provided to or for
75-5 that person under this chapter.
75-6 SECTION 75. Subsections (a) and (c), Section 31.0033, Human
75-7 Resources Code, are amended to read as follows:
75-8 (a) If the department or Title IV-D agency determines that
75-9 penalties and sanctions should be applied under Section 31.0032,
75-10 the person determined to have not complied or, if different, the
75-11 person receiving the financial assistance may request a hearing to
75-12 show good cause for noncompliance not later than the 13th day after
75-13 the date on which notice is received under Section 31.0032. On a
75-14 showing of good cause for noncompliance, sanctions may not be
75-15 imposed.
75-16 (c) If the department finds that good cause for
75-17 noncompliance was not shown at a hearing, the department shall
75-18 apply appropriate sanctions or penalties to or for that person
75-19 until the department, or the Title IV-D agency in a Title IV-D
75-20 case, determines that the person is in compliance with the terms of
75-21 the responsibility agreement.
75-22 SECTION 76. Section 411.127, Government Code, is amended to
75-23 read as follows:
75-24 Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
75-25 APPLICANTS FOR EMPLOYMENT. (a) The Title IV-D agency [attorney
75-26 general] is entitled to obtain from the Department of Public
76-1 Safety, the Federal Bureau of Investigation identification
76-2 division, or another law enforcement agency criminal history record
76-3 information maintained by the department or agency that relates to
76-4 a person who is an applicant for a position of employment with the
76-5 Title IV-D agency, or an applicant to serve as a consultant,
76-6 intern, or volunteer, [attorney general] that involves the
76-7 performance of duties under Chapter 231, Family Code. The Title
76-8 IV-D agency [attorney general] may not request the information
76-9 unless a supervisory employee of the agency [attorney general's
76-10 office] has recommended that the applicant be hired or serve as an
76-11 intern or volunteer.
76-12 (b) Criminal history record information obtained by the
76-13 Title IV-D agency [attorney general] under Subsection (a) may not
76-14 be released or disclosed to any person except on court order or
76-15 with the consent of the person who is the subject of the criminal
76-16 history record information.
76-17 (c) The Title IV-D agency [attorney general] shall destroy
76-18 criminal history record information that relates to a person after
76-19 the information is used for its authorized purpose.
76-20 (d) In this section, "Title IV-D agency" has the meaning
76-21 assigned by Section 101.033, Family Code.
76-22 SECTION 77. (a) Section 521.044, Transportation code, is
76-23 amended by adding Subsection (f) to read as follows:
76-24 (f) This section does not prohibit the department from
76-25 requiring an applicant for a driver's license to provide the
76-26 applicant's social security number.
77-1 (b) If Senate Bill No. 370, Acts of the 76th Legislature,
77-2 Regular Session, 1999, is enacted and becomes law, and that bill
77-3 contains a provision that amends Section 521.044, Transportation
77-4 Code, to prohibit that section from authorizing the Department of
77-5 Public Safety of the State of Texas to require an applicant for a
77-6 driver's license to provide the applicant's social security number,
77-7 that provision shall have no effect.
77-8 SECTION 78. (a) Section 521.142, Transportation Code, is
77-9 amended by adding Subsection (g) to read as follows:
77-10 (g) The department may require an applicant to provide the
77-11 applicant's social security number only for a purpose permitted by
77-12 Section 521.044.
77-13 (b) If Senate Bill No. 370, Acts of the 76th Legislature,
77-14 Regular Session, 1999, is enacted and becomes law, and that bill
77-15 contains a provision that amends Section 521.142, Transportation
77-16 Code, to prohibit the Department of Public Safety of the State of
77-17 Texas from requiring an applicant for a driver's license to provide
77-18 the applicant's social security number, that provision shall have
77-19 no effect.
77-20 SECTION 79. (a) The attorney general shall redesign and
77-21 improve the child support enforcement program.
77-22 (b) The involvement of the attorney general's office related
77-23 to the enforcement of child support is subject to review under
77-24 Chapter 325, Government Code (Texas Sunset Act), as if the attorney
77-25 general's involvement in matters relating to the enforcement of
77-26 child support were a state agency under that chapter. The Sunset
78-1 Advisory Commission may review only the attorney general's:
78-2 (1) implementation of child support enforcement
78-3 functions, including functions affected by legislation enacted by
78-4 the 76th Legislature, Regular Session, 1999; and
78-5 (2) redesign and improvement of the child support
78-6 enforcement program.
78-7 (c) In determining whether the attorney general has improved
78-8 the child support enforcement program, the Sunset Advisory
78-9 Commission shall analyze the degree to which the attorney general
78-10 has:
78-11 (1) improved all elements of the child support
78-12 program;
78-13 (2) resolved computer system implementation issues;
78-14 (3) complied with federal welfare reform mandates; and
78-15 (4) improved customer service and increased client
78-16 satisfaction.
78-17 (d) Not later than October 15, 2000, the attorney general's
78-18 child support enforcement division shall report to the standing
78-19 committees of the senate and house of representatives having
78-20 primary jurisdiction over child support issues and the Sunset
78-21 Advisory Commission regarding the significant improvements that
78-22 have been made in its performance and operation of the child
78-23 support enforcement program. The attorney general's child support
78-24 enforcement division shall collect information and report on the
78-25 criteria described by Subsection (c) of this section.
78-26 (e) The involvement of the attorney general's office in
79-1 matters related to child support enforcement is not abolished under
79-2 Chapter 325, Government Code (Texas Sunset Act).
79-3 (f) To the extent Chapter 325, Government Code (Texas Sunset
79-4 Act), imposes a duty on a state agency under review, the attorney
79-5 general's office shall perform the duty as it applies to the
79-6 attorney general's involvement in matters related to child support
79-7 enforcement.
79-8 (g) The Sunset Advisory Commission shall report its findings
79-9 as required under Section 325.010, Government Code, to the 77th
79-10 Legislature, Regular Session, 2001.
79-11 SECTION 80. (a) The attorney general's child support
79-12 enforcement division shall investigate the use of alternative
79-13 sources of revenue to operate the child support program. As part
79-14 of the investigation, the division shall perform a cost-benefit
79-15 analysis of charging fees, including a paternity establishment fee,
79-16 a service fee, and a fee charged for a check or money order not
79-17 paid because of insufficient funds. The cost-benefit analysis must
79-18 include analysis of:
79-19 (1) the cost of reprogramming the computer system to
79-20 handle the imposition and collection of fees in an efficient
79-21 manner;
79-22 (2) the estimated administrative cost of collecting
79-23 fees;
79-24 (3) the projected revenues from at least two fee
79-25 levels; and
79-26 (4) the impact of the alternative fee levels on demand
80-1 for Title IV-D services.
80-2 (b) The division shall report its findings under this
80-3 section not later than October 15, 2000, to the Sunset Advisory
80-4 Commission and the standing committees of the senate and house of
80-5 representatives having primary jurisdiction over child support
80-6 issues.
80-7 SECTION 81. Subsection (c), Section 158.505, and Subsection
80-8 (c), Section 160.002, Family Code, and Subsections (e), (f), and
80-9 (g), Section 192.003, Health and Safety Code, are repealed.
80-10 SECTION 82. (a) This Act takes effect September 1, 1999.
80-11 (b) The interagency work group shall develop the interagency
80-12 partnership strategy required by Section 231.011, Family Code, as
80-13 added by this Act, not later than January 1, 2000.
80-14 (c) The county advisory work group shall complete the
80-15 state-county child support improvement plan required by Section
80-16 231.012, Family Code, as added by this Act, not later than January
80-17 1, 2000.
80-18 (d) The Title IV-D agency and the Texas Department of Human
80-19 Services shall update the memorandum of understanding adopted under
80-20 Section 231.305, Family Code, not later than January 1, 2000.
80-21 (e) The change in law made by this Act by the amendment of
80-22 Section 160.004, Family Code, and the addition of Section 233.0095,
80-23 Family Code, applies only to a suit affecting the parent-child
80-24 relationship providing for the determination of paternity that is
80-25 filed or a child support review that is commenced by the Title IV-D
80-26 agency on or after the effective date of this Act. A suit filed or
81-1 review commenced before the effective date of this Act is governed
81-2 by the law in effect on the date the suit was filed or the review
81-3 was commenced, and the former law is continued in effect for that
81-4 purpose.
81-5 SECTION 83. The importance of this legislation and the
81-6 crowded condition of the calendars in both houses create an
81-7 emergency and an imperative public necessity that the
81-8 constitutional rule requiring bills to be read on three several
81-9 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 368 passed the Senate on
April 26, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 27, 1999, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 368 passed the House, with
amendments, on May 20, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor