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