76R13393 MCK-D
By Harris S.B. No. 368
Substitute the following for S.B. No. 368:
By Goodman C.S.S.B. No. 368
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to court-ordered child support, including the child
1-3 support enforcement functions of the office of the attorney general
1-4 and the sunset review of those functions and the implementation of
1-5 the child support enforcement provisions of the federal Personal
1-6 Responsibility and Work Opportunity Reconciliation Act of 1996;
1-7 providing civil and criminal penalties.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Chapter 101, Family Code, is amended by amending
1-10 Sections 101.021 and 101.024 and adding Sections 101.0021 and
1-11 101.0302 to read as follows:
1-12 Sec. 101.0021. BUREAU OF VITAL STATISTICS. "Bureau of vital
1-13 statistics" means the bureau of vital statistics of the Texas
1-14 Department of Health.
1-15 Sec. 101.021. OBLIGEE. "Obligee" means a person or entity
1-16 entitled to receive payments [under an order] of child support,
1-17 including an agency of this state or of another jurisdiction to
1-18 which a person has assigned the person's right to support.
1-19 Sec. 101.024. PARENT. "Parent" means the mother, a man
1-20 presumed to be the biological father, a man legally determined to
1-21 be the biological father, a man [or] who has been adjudicated to be
1-22 the biological father by a court of competent jurisdiction, or an
1-23 adoptive mother or father. The term does not include a parent as
1-24 to whom the parent-child relationship has been terminated.
2-1 Sec. 101.0302. STATE DISBURSEMENT UNIT. "State disbursement
2-2 unit" means the unit established and operated by the Title IV-D
2-3 agency under 42 U.S.C. Section 654b that has responsibility for
2-4 receiving, distributing, maintaining, and furnishing child support
2-5 payments and records on or after October 1, 1999.
2-6 SECTION 2. Section 102.009, Family Code, is amended by
2-7 amending Subsection (a), as amended by Chapters 561 and 599, Acts
2-8 of the 75th Legislature, Regular Session, 1997, and amending
2-9 Subsection (d) to read as follows:
2-10 (a) Except as provided by Subsection (b), the following are
2-11 entitled to service of citation on the filing of a petition in an
2-12 original suit:
2-13 (1) a managing conservator;
2-14 (2) a possessory conservator;
2-15 (3) a person having possession of or access to the
2-16 child under an order;
2-17 (4) a person required by law or by order to provide
2-18 for the support of the child;
2-19 (5) a guardian of the person of the child;
2-20 (6) a guardian of the estate of the child;
2-21 (7) each parent as to whom the parent-child
2-22 relationship has not been terminated or process has not been waived
2-23 under Chapter 161;
2-24 (8) an alleged father, unless there is attached to the
2-25 petition an affidavit of waiver of interest in a child executed by
2-26 the alleged father as provided by Chapter 161 or unless the
2-27 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. Section 105.002(b), Family Code, is amended to
3-19 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:
3-27 Sec. 108.008. FILING INFORMATION AFTER DETERMINATION OF
4-1 PATERNITY. (a) On a determination of paternity, the petitioner
4-2 shall provide the clerk of the court in which the order was
4-3 rendered the information necessary to prepare the report of
4-4 determination of paternity [declaration]. The clerk shall:
4-5 (1) prepare the report [declaration] on a form
4-6 provided by the Bureau of Vital Statistics; and
4-7 (2) complete the report [declaration] immediately
4-8 after the order becomes final.
4-9 (b) On completion of the report [Not later than the 10th day
4-10 of each month], the clerk of the court shall forward to the state
4-11 registrar a report [declaration] for each order that became final
4-12 in that court [during the preceding month].
4-13 SECTION 5. Section 111.001, Family Code, is amended to read
4-14 as follows:
4-15 Sec. 111.001. REVIEW OF GUIDELINES [APPOINTMENT OF ADVISORY
4-16 COMMITTEE]. (a) During each regular legislative session, the
4-17 standing committees of each house of the legislature having
4-18 jurisdiction over family law issues shall review and revise the
4-19 guidelines for possession of and access to a child under Chapter
4-20 153 and for support of a child under Chapter 154. [The supreme
4-21 court shall appoint an advisory committee consisting of not fewer
4-22 than 25 persons, composed of legislators, judges, lawyers, and
4-23 laypersons, to assist the legislature in making a periodic review
4-24 of and suggested revisions, if any, to the guidelines in this
4-25 title:]
4-26 [(1) for the possession of a child by a parent under
4-27 Chapter 153; and]
5-1 [(2) for the support of a child under Chapter 154.]
5-2 (b) The lieutenant governor, the speaker of the house of
5-3 representatives, and the attorney general may each appoint five
5-4 members to a committee to review and make recommendations on the
5-5 guidelines for the possession of, access to, and support of a
5-6 child. The lieutenant governor and the speaker of the house of
5-7 representatives shall each appoint:
5-8 (1) one member who has been appointed as a sole or
5-9 joint managing conservator of a child; and
5-10 (2) one member who has been appointed as a possessory
5-11 conservator of a child. [Not fewer than five members of this
5-12 committee must be or have been:]
5-13 [(1) managing conservators;]
5-14 [(2) possessory conservators;]
5-15 [(3) ordered to pay child support; or]
5-16 [(4) entitled to receive child support.]
5-17 (c) The lieutenant governor shall designate from the
5-18 committee members the presiding officer of the committee and the
5-19 speaker of the house of representatives shall designate from the
5-20 committee members the assistant presiding officer [guidelines shall
5-21 be reviewed at least once every four years].
5-22 (d) Not later than December 1 of each odd-numbered year, the
5-23 Title IV-D agency shall submit a report to the standing committees
5-24 of each house of the legislature having jurisdiction over family
5-25 law issues. The report must contain:
5-26 (1) economic data obtained from the United States
5-27 Department of Agriculture on the cost of raising children;
6-1 (2) an analysis of case data on the application of and
6-2 deviations from the child support guidelines; and
6-3 (3) a summary of any federal legislation enacted since
6-4 the date of the last review.
6-5 SECTION 6. Section 151.002(a), Family Code, is amended to
6-6 read as follows:
6-7 (a) A man is presumed to be the biological father of a child
6-8 if:
6-9 (1) he and the child's biological mother are or have
6-10 been married to each other and the child is born during the
6-11 marriage or not more than 300 days after the date the marriage
6-12 terminated by death, annulment, or divorce or by having been
6-13 declared void;
6-14 (2) before the child's birth, he and the child's
6-15 biological mother attempted to marry each other by a marriage in
6-16 apparent compliance with law, although the attempted marriage is or
6-17 could be declared void, and the child is born during the attempted
6-18 marriage or not more than 300 days after the date the attempted
6-19 marriage terminated by death, annulment, or divorce or by having
6-20 been declared void; or
6-21 (3) after the child's birth, he and the child's
6-22 biological mother have married or attempted to marry each other by
6-23 a marriage in apparent compliance with law, although the attempted
6-24 marriage is or could be declared void or voided by annulment, and:
6-25 (A) he has filed a written acknowledgment of his
6-26 paternity of the child under Chapter 160;
6-27 (B) he consents in writing to be named and is
7-1 named as the child's father on the child's birth certificate; or
7-2 (C) he is obligated to support the child under a
7-3 written voluntary promise or by court order[;]
7-4 [(4) without attempting to marry the mother, he
7-5 consents in writing to be named as the child's father on the
7-6 child's birth certificate; or]
7-7 [(5) before the child reaches the age of majority, he
7-8 receives the child into his home and openly holds out the child as
7-9 his biological child].
7-10 SECTION 7. Section 154.001, Family Code, is amended by
7-11 adding Subsection (c) to read as follows:
7-12 (c) In a Title IV-D case, if neither parent has physical
7-13 possession or conservatorship of the child, the court may render an
7-14 order providing that a nonparent or agency having physical
7-15 possession may receive, hold, or disburse child support payments
7-16 for the benefit of the child.
7-17 SECTION 8. Sections 154.004 and 154.006, Family Code, are
7-18 amended to read as follows:
7-19 Sec. 154.004. PLACE OF PAYMENT. (a) The [Except as agreed
7-20 by the parties, the] court shall order the payment of child support
7-21 to [through] a local registry, [or through] the Title IV-D agency,
7-22 or the state disbursement unit, as provided by Chapter 234, as
7-23 added by Chapter 911, Acts of the 75th Legislature, Regular
7-24 Session, 1997.
7-25 (b) In a Title IV-D case, the court or the Title IV-D agency
7-26 shall order that income withheld for child support be paid:
7-27 (1) to the Title IV-D agency through a local registry,
8-1 which shall forward the payment to the Title IV-D agency; [or]
8-2 (2) [directly] to the Title IV-D agency; or
8-3 (3) to the state disbursement unit.
8-4 Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
8-5 otherwise agreed in writing or expressly provided in the order or
8-6 as provided by Subsection (b), the child support order terminates
8-7 on the marriage of the child, removal of the child's disabilities
8-8 for general purposes, or death of the child or a parent ordered to
8-9 pay child support.
8-10 (b) Unless a nonparent or agency has been appointed
8-11 conservator of the child under Chapter 153, the order for current
8-12 child support, and any provision relating to conservatorship,
8-13 possession, or access terminates on the marriage or remarriage of
8-14 the obligor and obligee to each other.
8-15 SECTION 9. Sections 154.242 and 154.243, Family Code, are
8-16 amended to read as follows:
8-17 Sec. 154.242. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
8-18 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
8-19 made by electronic funds transfer to:
8-20 (1) the Title IV-D agency; [or]
8-21 (2) a local registry if the registry agrees to accept
8-22 electronic payment; or
8-23 (3) the state disbursement unit.
8-24 (b) A local registry may transmit child support payments to
8-25 the Title IV-D agency by electronic funds transfer [if the Title
8-26 IV-D agency agrees to accept electronic payment]. Unless support
8-27 payments are required to be made to the state disbursement unit, an
9-1 [An] obligor may make payments, with the approval of the court
9-2 entering the order, directly to the bank account of the obligee by
9-3 electronic transfer and provide verification of the deposit to the
9-4 local registry. A local registry in a county that makes deposits
9-5 into personal bank accounts by electronic funds transfer as of
9-6 April 1, 1995, may transmit a child support payment to an obligee
9-7 by electronic funds transfer if the obligee maintains a bank
9-8 account and provides the local registry with[. The obligee shall
9-9 furnish to the local registry] the necessary bank account
9-10 information to complete electronic payment [if the Title IV-D
9-11 agency agrees to accept electronic payment].
9-12 Sec. 154.243. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
9-13 The Title IV-D agency, [or] a local registry, or the state
9-14 disbursement unit may comply with a subpoena or other order
9-15 directing the production of a child support payment record by
9-16 sending a certified copy of the record or an affidavit regarding
9-17 the payment record to the court that directed production of the
9-18 record.
9-19 SECTION 10. Sections 155.205(a) and (b), Family Code, are
9-20 amended to read as follows:
9-21 (a) On rendition of an order transferring continuing,
9-22 exclusive jurisdiction to another court, the transferring court
9-23 shall also order that all future payments of child support be made
9-24 to the local registry of the transferee court, the Title IV-D
9-25 agency, or the state disbursement unit.
9-26 (b) The transferring court's local registry, the Title IV-D
9-27 agency, or the state disbursement unit shall continue to receive,
10-1 record, and forward [disburse] child support payments to the payee
10-2 until it receives notice that the transferred case has been
10-3 docketed by the transferee court.
10-4 SECTION 11. Subchapter E, Chapter 156, Family Code, is
10-5 amended by adding Section 156.409 to read as follows:
10-6 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. If the sole
10-7 managing conservator of a child or the joint managing conservator
10-8 who designates the child's primary residence has voluntarily
10-9 relinquished the actual care, control, and possession of the child
10-10 for at least six months, the court may modify an order providing
10-11 for the support of the child to provide that the person having
10-12 physical possession of the child shall have the right to receive
10-13 and give receipt for payments of support for the child and to hold
10-14 or disburse money for the benefit of the child.
10-15 SECTION 12. Section 157.005(b), Family Code, is amended to
10-16 read as follows:
10-17 (b) The court retains jurisdiction to confirm the total
10-18 amount of child support arrearages and render judgment for past-due
10-19 child support until the date all current child support and medical
10-20 support and child support arrearages, including interest and any
10-21 applicable fees and costs, have been paid [if a motion for
10-22 enforcement requesting a money judgment is filed not later than the
10-23 fourth anniversary after the date:]
10-24 [(1) the child becomes an adult; or]
10-25 [(2) on which the child support obligation terminates
10-26 under the order or by operation of law].
10-27 SECTION 13. Section 157.102, Family Code, is amended to read
11-1 as follows:
11-2 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
11-3 Law enforcement officials shall treat the capias in the same manner
11-4 as an arrest warrant for a criminal offense and shall enter the
11-5 capias in the computer records for outstanding warrants maintained
11-6 by the local police, sheriff, and Department of Public Safety. The
11-7 capias shall [may] be forwarded to and disseminated by the Texas
11-8 Crime Information Center and the National Crime Information Center.
11-9 SECTION 14. Section 157.166, Family Code, is amended by
11-10 amending Subsection (b) and adding Subsection (c) to read as
11-11 follows:
11-12 (b) If the order imposes incarceration or a fine for
11-13 criminal contempt, an enforcement order must contain findings
11-14 identifying, setting out, or incorporating by reference the
11-15 provisions of the order for which enforcement was requested and the
11-16 date of each occasion when the respondent's failure [respondent
11-17 failed] to comply with the order was found to constitute criminal
11-18 contempt.
11-19 (c) If the enforcement order imposes incarceration for
11-20 civil contempt, the order must state the specific conditions on
11-21 which the respondent may be released from confinement.
11-22 SECTION 15. Section 157.167, Family Code, is amended by
11-23 adding Subsection (c) to read as follows:
11-24 (c) Fees and costs ordered under this section may be
11-25 enforced by any means available for the enforcement of child
11-26 support, including contempt.
11-27 SECTION 16. Section 157.269, Family Code, is amended to read
12-1 as follows:
12-2 Sec. 157.269. RETENTION OF JURISDICTION. A court that
12-3 renders an order providing for the payment of child support
12-4 arrearages retains jurisdiction until all current support and
12-5 medical support and child support arrearages, including interest
12-6 and any applicable fees and costs, have been paid [the arrearages
12-7 are paid in full as required by the court order].
12-8 SECTION 17. Section 157.317(a), Family Code, is amended to
12-9 read as follows:
12-10 (a) A child support lien attaches to all real and personal
12-11 property not exempt under the Texas Constitution or other law,
12-12 including a depository account in a financial institution,
12-13 including a mutual fund money market account, or a retirement plan,
12-14 a claim for negligence, personal injury, or workers' compensation,
12-15 or an insurance award for the claim, owned by the obligor on or
12-16 after the date the lien notice or abstract of judgment is filed
12-17 with the county clerk of the county in which the property is
12-18 located, with the court clerk as to property or claims in
12-19 litigation, or, as to property of the obligor in the possession or
12-20 control of a third party, from the date the lien notice is filed
12-21 with that party.
12-22 SECTION 18. Section 158.003(a), Family Code, is amended to
12-23 read as follows:
12-24 (a) In addition to income withheld for the current support
12-25 of a child, [the court shall order that] income shall be withheld
12-26 from the disposable earnings of the obligor to be applied toward
12-27 the liquidation of any child support arrearages, including accrued
13-1 interest as provided in Chapter 157.
13-2 SECTION 19. Sections 158.004 and 158.007, Family Code, are
13-3 amended to read as follows:
13-4 Sec. 158.004. WITHHOLDING FOR ARREARAGES WHEN NO CURRENT
13-5 SUPPORT IS DUE. If current support is no longer owed, the court or
13-6 the Title IV-D agency shall order that income be withheld for
13-7 arrearages, including accrued interest as provided in Chapter 157,
13-8 in an amount sufficient to discharge those arrearages in not more
13-9 than two years.
13-10 Sec. 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT OR
13-11 TITLE IV-D AGENCY; UNREASONABLE HARDSHIP. If the court or the
13-12 Title IV-D agency finds that the schedule for discharging
13-13 arrearages would cause the obligor, the obligor's family, or
13-14 children for whom support is due from the obligor to suffer
13-15 unreasonable hardship, the court or agency may extend the payment
13-16 period for a reasonable length of time.
13-17 SECTION 20. Sections 158.102, 158.103, and 158.104, Family
13-18 Code, are amended to read as follows:
13-19 Sec. 158.102. TIME LIMITATIONS. An order or writ for income
13-20 withholding under this chapter may be issued [The court retains
13-21 jurisdiction to render an order that provides for income to be
13-22 withheld from the disposable earnings of the obligor] until all
13-23 current support and child support arrearages, [including] interest,
13-24 and any applicable fees and costs, including ordered attorney's
13-25 fees and court costs, have been paid.
13-26 Sec. 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING. An
13-27 order of withholding or writ of withholding issued under this
14-1 chapter must contain the information that is necessary for an
14-2 employer or other entity to comply with the existing child support
14-3 order, including [shall state]:
14-4 (1) the style, cause number, and court having
14-5 continuing jurisdiction of the suit;
14-6 (2) the name, address, and, if available, the social
14-7 security number of the obligor;
14-8 (3) the amount and duration of the child support
14-9 payments and medical support payments or other provisions for
14-10 medical support, the amount of arrearages, accrued interest, and
14-11 ordered fees and costs;
14-12 (4) the name, address, and, if available, the social
14-13 security numbers of the child and the obligee;
14-14 (5) the name and address of the person or agency to
14-15 whom the payments shall be made; and
14-16 (6) the amount of income to be withheld and remitted
14-17 [that the obligor is required to notify the court promptly of any
14-18 change affecting the order; and]
14-19 [(7) that the ordered amount shall be paid to a local
14-20 registry or the Title IV-D agency].
14-21 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT
14-22 OF WITHHOLDING. A request for issuance of an order or judicial
14-23 writ of withholding may be filed with the clerk of the court by the
14-24 prosecuting attorney, the Title IV-D agency, the friend of the
14-25 court, a domestic relations office, the obligor, [or] the obligee,
14-26 or an attorney representing the obligee or obligor.
14-27 SECTION 21. Section 158.105, Family Code, is amended by
15-1 amending the heading and Subsections (a), (c), and (d) to read as
15-2 follows:
15-3 Sec. 158.105. ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL
15-4 WRIT OF WITHHOLDING. (a) On filing a request for issuance of an
15-5 order or judicial writ of withholding, the clerk of the court shall
15-6 cause a certified copy of the order or writ to be delivered to the
15-7 obligor's current employer or to any subsequent employer of the
15-8 obligor.
15-9 (c) The clerk shall issue and mail the certified copy of the
15-10 order or judicial writ not later than the fourth working day after
15-11 the date the order is signed or the request is filed, whichever is
15-12 later.
15-13 (d) An order or judicial writ of withholding shall be
15-14 delivered to the employer by certified or registered mail, return
15-15 receipt requested, electronic transmission, or by service of
15-16 citation to:
15-17 (1) the person authorized to receive service of
15-18 process for the employer in civil cases generally; or
15-19 (2) a person designated by the employer, by written
15-20 notice to the clerk, to receive orders or writs [notices] of
15-21 withholding.
15-22 SECTION 22. Section 158.106, Family Code, is amended by
15-23 amending Subsection (a) and adding Subsection (d) to read as
15-24 follows:
15-25 (a) The Title IV-D agency shall prescribe forms as
15-26 authorized by federal law in a standard format entitled order or
15-27 notice to withhold income for child support [for:]
16-1 [(1) an order of withholding that is sufficient if
16-2 rendered in substantially the prescribed manner;]
16-3 [(2) a notice of application for judicial writ of
16-4 withholding;]
16-5 [(3) a judicial writ of withholding as provided by
16-6 Subchapter D; and]
16-7 [(4) an administrative writ of withholding, including
16-8 forms and procedures for electronic issuance of the writ, as
16-9 provided by Subchapter F].
16-10 (d) The forms prescribed by the Title IV-D agency under this
16-11 section may be used to request voluntary withholding under Section
16-12 158.011.
16-13 SECTION 23. Section 158.203, Family Code, is amended by
16-14 amending Subsection (b) and adding Subsections (c) and (d) to read
16-15 as follows:
16-16 (b) For payments made by electronic funds transfer or
16-17 electronic data interchange, the employer shall transmit the amount
16-18 withheld not later than the second business day after the pay date.
16-19 (c) The employer shall include with each payment
16-20 transmitted:
16-21 (1) the number assigned by the Title IV-D agency, if
16-22 available, and the county identification number, if available;
16-23 (2) [, or] the name of the county or the county's
16-24 federal information processing standard code;
16-25 (3) the cause number of the suit under which
16-26 withholding is required;
16-27 (4) [(2)] the payor's name and social security number;
17-1 and
17-2 (5) [(3)] the payee's name and, if available, social
17-3 security number, unless the payment is transmitted by electronic
17-4 funds transfer.
17-5 (d) In a case in which an obligor's income is subject to
17-6 withholding, the employer shall remit the payment of child support
17-7 directly to a local registry, the Title IV-D agency, or to the
17-8 state disbursement unit.
17-9 SECTION 24. Section 158.210(a), Family Code, is amended to
17-10 read as follows:
17-11 (a) In addition to the civil remedies provided by this
17-12 subchapter or any other remedy provided by law, an employer who
17-13 knowingly violates the provisions of this chapter may be subject to
17-14 a fine not to exceed $200 for each occurrence in which the employer
17-15 fails to:
17-16 (1) withhold income for child support as instructed in
17-17 an order or writ issued under this chapter; or
17-18 (2) remit withheld income within the time required by
17-19 Section 158.203 to the payee identified in the order or writ or to
17-20 the state disbursement unit.
17-21 SECTION 25. Section 158.211(a), Family Code, is amended to
17-22 read as follows:
17-23 (a) If an obligor terminates employment with an employer who
17-24 has been withholding income, both the obligor and the employer
17-25 shall notify the court or the Title IV-D agency and the obligee of
17-26 that fact not later than the seventh day after the date employment
17-27 terminated and shall provide the obligor's last known address and
18-1 the name and address of the obligor's new employer, if known.
18-2 SECTION 26. Subchapter C, Chapter 158, Family Code, is
18-3 amended by adding Section 158.212 to read as follows:
18-4 Sec. 158.212. IMPROPER PAYMENT. An employer who remits a
18-5 payment to an incorrect office or person shall remit the payment to
18-6 the agency or person identified in the order of withholding not
18-7 later than the second business day after the date the employer
18-8 receives the returned payment.
18-9 SECTION 27. Section 158.312(b), Family Code, is amended to
18-10 read as follows:
18-11 (b) The request for issuance may not be filed before the
18-12 11th day after the date of receipt of the notice of application for
18-13 judicial writ of withholding by the obligor.
18-14 SECTION 28. Sections 158.501 and 158.502, Family Code, are
18-15 amended to read as follows:
18-16 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING
18-17 BY TITLE IV-D AGENCY. (a) The Title IV-D agency may initiate
18-18 income withholding by issuing an administrative writ of withholding
18-19 for the enforcement of an existing order as authorized by this
18-20 subchapter.
18-21 (b) The Title IV-D agency is the only entity that may issue
18-22 an administrative writ under this subchapter.
18-23 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
18-24 ISSUED. (a) An administrative writ of withholding under this
18-25 subchapter may be issued by the Title IV-D agency at any time until
18-26 all current support, including medical support, and child support
18-27 arrearages have been paid. The writ issued under this subsection
19-1 may be based on an obligation in more than one support order.
19-2 (b) The Title IV-D agency may issue an administrative writ
19-3 of withholding that directs that an amount be withheld for an
19-4 arrearage or adjusts the amount to be withheld for an arrearage.
19-5 An administrative writ issued under this subsection may be
19-6 contested as provided by Section 158.506.
19-7 (c) The Title IV-D agency may issue an administrative writ
19-8 of withholding as a reissuance of an existing withholding order on
19-9 file with the court of continuing jurisdiction. The administrative
19-10 writ under this subsection is not subject to the contest provisions
19-11 of Sections 158.505(a)(2) and 158.506.
19-12 SECTION 29. Sections 158.503(a) and (b), Family Code, are
19-13 amended to read as follows:
19-14 (a) An administrative writ of withholding issued under this
19-15 subchapter may be delivered to an obligor, obligee, and employer by
19-16 mail or by electronic transmission.
19-17 (b) Not later than the third business day after the date of
19-18 delivery of the administrative writ of withholding to an employer,
19-19 the Title IV-D agency shall file a copy of the writ, together with
19-20 a signed certificate of service, in the court of continuing
19-21 jurisdiction. The certificate of service may be signed
19-22 electronically.
19-23 SECTION 30. Section 158.504(b), Family Code, is amended to
19-24 read as follows:
19-25 (b) An administrative writ of withholding issued under this
19-26 subchapter may contain only the information that is necessary for
19-27 the employer to comply with the existing support [withholding]
20-1 order, including the amount of current support and medical support,
20-2 the amount of arrearages, accrued interest, and the amount of
20-3 earnings to be withheld.
20-4 SECTION 31. Section 158.505(a), Family Code, is amended to
20-5 read as follows:
20-6 (a) On issuance of an administrative writ of withholding,
20-7 the Title IV-D agency shall send the obligor:
20-8 (1) notice that the withholding has commenced;
20-9 (2) except as provided by Section 158.502(c), notice
20-10 of the procedures to follow if the obligor desires to contest
20-11 withholding on the grounds that the identity of the obligor or the
20-12 existence or amount of arrearages is incorrect; and
20-13 (3) a copy of the administrative writ, including the
20-14 information concerning income withholding provided [in the original
20-15 writ] to the employer.
20-16 SECTION 32. Section 158.506(a), Family Code, is amended to
20-17 read as follows:
20-18 (a) Except as provided by Section 158.502(c), an [An]
20-19 obligor receiving the notice under Section 158.505 [158.503] may
20-20 request a review by the Title IV-D agency to resolve any issue in
20-21 dispute regarding the identity of the obligor or the existence or
20-22 amount of arrearages. The Title IV-D agency shall provide an
20-23 opportunity for a review, by telephonic conference or in person, as
20-24 may be appropriate under the circumstances.
20-25 SECTION 33. Sections 160.001 and 160.004, Family Code, are
20-26 amended to read as follows:
20-27 Sec. 160.001. APPLICABILITY. This chapter governs a suit
21-1 affecting the parent-child relationship in which the parentage of
21-2 the biological mother or biological father is:
21-3 (1) sought to be adjudicated;
21-4 (2) voluntarily admitted by the putative father; or
21-5 (3) jointly acknowledged by the mother and putative
21-6 father.
21-7 Sec. 160.004. TEMPORARY ORDERS. The court may render a
21-8 temporary order authorized in a suit under this title, including an
21-9 order for temporary support of a child, if the person ordered to
21-10 pay support:
21-11 (1) is a presumed parent under Chapter 151;
21-12 (2) is an alleged father petitioning to have his
21-13 paternity adjudicated or who admits paternity in pleadings filed
21-14 with the court; [or]
21-15 (3) is found by the court at the pretrial conference
21-16 authorized by this chapter not to be excluded as the biological
21-17 father of the child, with the court finding that at least 99
21-18 percent of the male population is excluded from being the
21-19 biological father of the child; or
21-20 (4) executed a statement or acknowledgment of
21-21 paternity under Subchapter C.
21-22 SECTION 34. Subchapter C, Chapter 160, Family Code, is
21-23 amended to read as follows:
21-24 SUBCHAPTER C. ACKNOWLEDGMENT OR DENIAL OF [VOLUNTARY]
21-25 PATERNITY
21-26 Sec. 160.201. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
21-27 mother of a child and a man claiming to be the father of the child
22-1 may execute an acknowledgment of paternity as provided by this
22-2 subchapter to establish the man's paternity. [(a) If a statement of
22-3 paternity has been executed by a man claiming to be the biological
22-4 father of a child who has no presumed father, he, the mother of the
22-5 child, or the child through a representative authorized by the
22-6 court or a governmental entity may file a petition for an order
22-7 adjudicating him as a parent of the child. The statement of
22-8 paternity must be attached to or filed with the petition.]
22-9 [(b) The court shall render an order adjudicating the child
22-10 to be the biological child of the child's father and the father to
22-11 be a parent of the child if the court finds that the statement of
22-12 paternity was executed as provided by this chapter, and the facts
22-13 stated are true.]
22-14 [(c) A suit for voluntary paternity may be joined with a
22-15 suit for termination under Chapter 161.]
22-16 Sec. 160.202. EXECUTION OF ACKNOWLEDGMENT [STATEMENT] OF
22-17 PATERNITY. (a) An acknowledgment of paternity must:
22-18 (1) be in writing;
22-19 (2) be signed by the mother and the putative father;
22-20 and
22-21 (3) state whether the child whose paternity is being
22-22 acknowledged has a presumed father under Section 151.002. [The
22-23 statement of paternity authorized to be used by this subchapter
22-24 must:]
22-25 [(1) be in writing;]
22-26 [(2) be signed by the man alleging himself to be the
22-27 father of the child;]
23-1 [(3) state whether the man alleging himself to be the
23-2 father is a minor; and]
23-3 [(4) clearly state that the man signing the statement
23-4 acknowledges the child as his biological child.]
23-5 (b) If the mother declares in the acknowledgment that there
23-6 is a presumed father of the child, the acknowledgment must be
23-7 accompanied by a denial of paternity signed by the presumed father,
23-8 unless the presumed father is the man who has signed the
23-9 acknowledgment. [The statement may include a waiver of citation in
23-10 a suit to establish the parent-child relationship and may include a
23-11 waiver of the right to notice of the proceedings.]
23-12 [(c) The statement must be executed before a person
23-13 authorized to administer oaths under the laws of this state.]
23-14 [(d) The statement may be signed before the birth of the
23-15 child.]
23-16 [(e) The statement must include the social security number
23-17 of the father.]
23-18 Sec. 160.203. FILING ACKNOWLEDGMENT [EFFECT OF STATEMENT] OF
23-19 PATERNITY. (a) An acknowledgment of paternity executed under this
23-20 subchapter shall be filed with the bureau of vital statistics. [A
23-21 statement of paternity executed as provided by this subchapter is
23-22 prima facie evidence that the child is the child of the person
23-23 executing the statement and that the person has an obligation to
23-24 support the child.]
23-25 (b) The bureau of vital statistics may not charge a fee to
23-26 file the acknowledgment. [If an alleged father's address is unknown
23-27 or he is outside the jurisdiction of the court at the time a suit
24-1 is instituted under this subchapter, his statement of paternity, in
24-2 the absence of controverting evidence, is sufficient for the court
24-3 to render an order establishing his paternity of the child.]
24-4 Sec. 160.204. SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
24-5 PATERNITY [DISPUTED PARENTAGE]. (a) An acknowledgment of
24-6 paternity or a denial of paternity may contain the mother's
24-7 signature and the putative father's signature on separate
24-8 documents.
24-9 (b) An acknowledgment of paternity or a denial of paternity
24-10 may be signed before the birth of the child.
24-11 (c) An adult or a minor may sign an acknowledgment of
24-12 paternity or a denial of paternity. [If the paternity of the child
24-13 is uncertain or is disputed by a party in a suit filed under this
24-14 subchapter, the provisions of Subchapter B apply.]
24-15 Sec. 160.205. EFFECT OF ACKNOWLEDGMENT OF PATERNITY
24-16 [VALIDATION OF PRIOR STATEMENTS]. (a) Subject to the right to
24-17 rescind or contest an acknowledgment of paternity under this
24-18 subchapter, a signed acknowledgment of paternity filed with the
24-19 bureau of vital statistics is a legal finding of paternity of a
24-20 child equivalent to a judicial determination.
24-21 (b) If the mother or the man claiming to be the father
24-22 falsely denies the existence of a presumed father in an
24-23 acknowledgment of paternity, the acknowledgment of paternity is
24-24 voidable within the time to rescind under Section 160.206 [A
24-25 statement acknowledging paternity or an obligation to support a
24-26 child that was signed by the father before January 1, 1974, is
24-27 valid and binding even though the statement is not executed as
25-1 provided by this subchapter].
25-2 Sec. 160.206. SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL. (a)
25-3 Subject to the requirements of Subsection (b), a person who signs
25-4 an acknowledgment of paternity or a denial of paternity may file a
25-5 suit affecting the parent-child relationship to rescind the
25-6 acknowledgment of paternity or denial of paternity.
25-7 (b) The petition to rescind an acknowledgment of paternity
25-8 or a denial of paternity must be filed not later than the earlier
25-9 of:
25-10 (1) the 61st day after the date the acknowledgment of
25-11 paternity or denial of paternity is filed with the bureau of vital
25-12 statistics; or
25-13 (2) the date of the first hearing before a tribunal to
25-14 determine an issue relating to the child in which the person is a
25-15 party, including a proceeding that establishes support.
25-16 (c) If a proceeding to rescind an acknowledgment of
25-17 paternity or a denial of paternity is filed jointly or agreed to by
25-18 all necessary parties, the court shall order the bureau of vital
25-19 statistics to amend the birth record of the child by removing the
25-20 father's name.
25-21 (d) If the proceeding to rescind is not agreed to by all
25-22 parties, the court shall conduct a hearing in the same manner as a
25-23 proceeding to determine parentage under this chapter.
25-24 Sec. 160.207. SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. (a)
25-25 A person who may contest a presumption of paternity under Section
25-26 160.101 may contest an acknowledgment of paternity or a denial of
25-27 paternity by filing a suit affecting the parent-child relationship.
26-1 A suit to contest an acknowledgment of paternity or a denial of
26-2 paternity that is filed after the time for a suit to rescind under
26-3 Section 160.206 may be filed only on the basis of fraud, duress, or
26-4 material mistake of fact. The party challenging the acknowledgment
26-5 of paternity or the denial of paternity has the burden of proof.
26-6 (b) A suit to contest an acknowledgment of paternity or a
26-7 denial of paternity shall be conducted in the same manner as a
26-8 proceeding to determine parentage under this chapter.
26-9 (c) A person must bring suit to contest an acknowledgment of
26-10 paternity or a denial of paternity not later than the fourth
26-11 anniversary of the date the acknowledgment of paternity or the
26-12 denial of paternity is filed with the bureau of vital statistics.
26-13 (d) A suit to contest an unrescinded acknowledgment of
26-14 paternity may not be filed after the date a court has rendered an
26-15 order, including a child support order, based on the acknowledgment
26-16 of paternity.
26-17 (e) Notwithstanding any other provision of this chapter, a
26-18 collateral attack on an acknowledgment of paternity executed under
26-19 this subchapter may not be filed after the fourth anniversary of
26-20 the date the acknowledgment of paternity is filed with the bureau
26-21 of vital statistics.
26-22 Sec. 160.208. PROCEDURE FOR SUIT TO RESCIND OR CONTEST. (a)
26-23 Each person who signs an acknowledgment of paternity or a denial of
26-24 paternity must be made a party to a suit to rescind or contest the
26-25 acknowledgment of paternity or denial of paternity.
26-26 (b) Except for good cause shown, the court may not suspend
26-27 the legal responsibility of a person arising from the
27-1 acknowledgment of paternity, including the duty to pay child
27-2 support, while a suit is pending.
27-3 (c) On a determination of paternity or nonpaternity, the
27-4 court shall order the bureau of vital statistics to amend the birth
27-5 record of the child in accordance with the order of the court.
27-6 Sec. 160.209. COURT RATIFICATION. An unrescinded and
27-7 uncontested acknowledgment of paternity is valid and effective
27-8 without court ratification. In a judicial, administrative, or
27-9 other proceeding, parentage of a child may be proved by evidence
27-10 that an unrescinded and uncontested acknowledgment of paternity of
27-11 the child has been filed with the bureau of vital statistics.
27-12 Sec. 160.210. FULL FAITH AND CREDIT. An acknowledgment of
27-13 paternity signed in another state shall be accorded full faith and
27-14 credit by the courts of this state if the acknowledgment is signed
27-15 in apparent compliance with the other state's law.
27-16 Sec. 160.211. VALIDATION OF EARLIER STATEMENT. A statement
27-17 admitting paternity or an obligation to support a child that was
27-18 signed before September 1, 1999, is valid and binding even though
27-19 the statement is not executed as provided by this subchapter.
27-20 Sec. 160.212. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
27-21 PATERNITY. (a) The bureau of vital statistics shall prescribe
27-22 forms for an acknowledgment of paternity and a denial of paternity
27-23 to comply with this subchapter.
27-24 (b) The forms prescribed under this section must:
27-25 (1) contain information regarding the procedure to
27-26 rescind an acknowledgment or a denial;
27-27 (2) provide that the signatures on the forms are
28-1 witnessed and signed under penalty of perjury; and
28-2 (3) state whether the mother, the putative father, or
28-3 the presumed father is a minor.
28-4 (c) The form for acknowledgment of paternity must inform the
28-5 putative father that signing the acknowledgment of paternity with
28-6 the consent of the mother:
28-7 (1) creates the parent-child relationship between him
28-8 and the child;
28-9 (2) imposes upon him a legal duty to support the
28-10 child; and
28-11 (3) enables a court to grant him the right of custody
28-12 or visitation with the child.
28-13 (d) The form for denial of paternity must inform the man
28-14 that signing the denial of paternity with the consent of the
28-15 mother:
28-16 (1) legally determines his nonpaternity of the child;
28-17 (2) removes the legal duty that he support the child;
28-18 and
28-19 (3) terminates his right of conservatorship or
28-20 possession of or access to the child.
28-21 Sec. 160.213. VALIDITY OF FORMS. The validity of an
28-22 acknowledgment of paternity or a denial of paternity is not
28-23 affected by a modification of the prescribed form by the bureau of
28-24 vital statistics that occurs after the acknowledgment of paternity
28-25 or denial of paternity is signed if the form met the requirements
28-26 of state law at the time it was signed.
28-27 Sec. 160.214. RELEASE OF INFORMATION. The bureau of vital
29-1 statistics shall release information relating to the acknowledgment
29-2 or denial of paternity and rescinding an acknowledgment or a denial
29-3 of paternity to the Title IV-D agency and any other person
29-4 authorized by law.
29-5 Sec. 160.215. ADOPTION OF RULES. The Title IV-D agency and
29-6 the bureau of vital statistics may adopt rules to implement this
29-7 subchapter.
29-8 Sec. 160.216. MEMORANDUM OF UNDERSTANDING. The Title IV-D
29-9 agency and the bureau of vital statistics shall adopt a memorandum
29-10 of understanding governing the collection and transfer of
29-11 information for the voluntary acknowledgment of paternity. The
29-12 Title IV-D agency and the bureau of vital statistics shall review
29-13 the memorandum semiannually and renew or modify the memorandum as
29-14 necessary.
29-15 SECTION 35. Section 160.251(d), Family Code, is amended to
29-16 read as follows:
29-17 (d) A man is not required to register with the paternity
29-18 registry if he:
29-19 (1) is presumed to be the biological father of a child
29-20 under Chapter 151; [or]
29-21 (2) has been adjudicated to be the biological father
29-22 of a child by a court of competent jurisdiction; or
29-23 (3) has filed an acknowledgment of paternity under
29-24 Subchapter C.
29-25 SECTION 36. Subchapter D, Chapter 160, Family Code, is
29-26 amended by adding Section 160.2545 to read as follows:
29-27 Sec. 160.2545. INFORMATION REGARDING REGISTRY, BIRTH
30-1 RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
30-2 VITAL STATISTICS. (a) On receipt of a request for a certificate
30-3 under Section 160.260 attesting to the results of a search of the
30-4 paternity registry, the bureau of vital statistics shall search:
30-5 (1) notices of intent to claim paternity filed with
30-6 the registry under this subchapter;
30-7 (2) birth records maintained by the bureau;
30-8 (3) acknowledgments of paternity filed with the bureau
30-9 under Subchapter C; and
30-10 (4) central file records identifying a court of
30-11 continuing jurisdiction and identifying the adjudicated father, if
30-12 any.
30-13 (b) The bureau shall furnish information resulting from a
30-14 search under Subsection (a) to the requestor.
30-15 SECTION 37. Section 161.105(b), Family Code, is amended to
30-16 read as follows:
30-17 (b) The affidavit must:
30-18 (1) state that the mother is not and has not been
30-19 married to the alleged father of the child;
30-20 (2) state that the mother and alleged father have not
30-21 attempted to marry under the laws of this state or another state or
30-22 nation;
30-23 (3) state that paternity has not been established
30-24 under the laws of any state or nation; and
30-25 (4) contain one of the following, as applicable:
30-26 (A) the name and whereabouts of a man alleged to
30-27 be the father;
31-1 (B) the name of an alleged father and a
31-2 statement that the affiant does not know the whereabouts of the
31-3 father;
31-4 (C) a statement that an alleged father has
31-5 executed an acknowledgment [a statement] of paternity under Chapter
31-6 160 and an affidavit of relinquishment of parental rights under
31-7 this chapter and that both affidavits have been filed with the
31-8 court; or
31-9 (D) a statement that the name of an alleged
31-10 father is unknown.
31-11 SECTION 38. Section 201.102(b), Family Code, is amended to
31-12 read as follows:
31-13 (b) Except as provided by this subchapter, the [following]
31-14 provisions of Subchapter A relating to an associate judge apply to
31-15 a master appointed under this subchapter[:]
31-16 [(1) the appearance of a party or witness before an
31-17 associate judge;]
31-18 [(2) the papers transmitted to the judge by the
31-19 associate judge;]
31-20 [(3) judicial action taken on an associate judge's
31-21 report;]
31-22 [(4) hearings before the judge;]
31-23 [(5) an appeal;]
31-24 [(6) the effect of the associate judge's report
31-25 pending an appeal;]
31-26 [(7) a jury trial;]
31-27 [(8) the attendance of a bailiff; and]
32-1 [(9) the presence of a court reporter].
32-2 SECTION 39. Section 201.104, Family Code, is amended by
32-3 amending the heading and adding Subsections (c) and (d) to read as
32-4 follows:
32-5 Sec. 201.104. [OTHER] POWERS AND DUTIES OF MASTER.
32-6 (c) A master may render and sign any order that is not a
32-7 final order on the merits of the case.
32-8 (d) A master may recommend to the referring court any order
32-9 after a trial on the merits.
32-10 SECTION 40. Subchapter B, Chapter 201, Family Code, is
32-11 amended by adding Sections 201.1041 and 201.1042 to read as
32-12 follows:
32-13 Sec. 201.1041. JUDICIAL ACTION ON MASTER'S REPORT. (a) If
32-14 an appeal to the referring court is not filed or the right to
32-15 appeal is waived, a recommendation of the master, other than a
32-16 recommendation of enforcement by contempt or a recommendation of
32-17 the immediate incarceration of a party, shall become an order of
32-18 the referring court by operation of law without ratification by the
32-19 referring court.
32-20 (b) A master's report that recommends enforcement by
32-21 contempt or the immediate incarceration of a party becomes an order
32-22 of the referring court only if the referring court signs an order
32-23 adopting the master's recommendation.
32-24 (c) Except as provided by Subsection (b), the decisions and
32-25 recommendations of the master have full force and effect and are
32-26 enforceable as an order of the referring court during an appeal of
32-27 the master's report to the referring court.
33-1 Sec. 201.1042. APPEAL TO REFERRING COURT. (a) Except as
33-2 provided in this section, Section 201.015 applies to an appeal of
33-3 the master's recommendations.
33-4 (b) The party appealing a master's recommendation shall file
33-5 notice with the referring court and the clerk of the court.
33-6 (c) A respondent who timely files an appeal of a master's
33-7 report recommending incarceration after a finding of contempt shall
33-8 be brought before the referring court not later than the first
33-9 working day after the date of filing the appeal. The referring
33-10 court shall determine whether the respondent should be released on
33-11 bond or whether the respondent's appearance in court at a
33-12 designated time and place can be otherwise assured.
33-13 (d) If the respondent under Subsection (c) is released on
33-14 bond or other security, the referring court shall condition the
33-15 bond or other security on the respondent's promise to appear in
33-16 court for a hearing on the appeal at a designated date, time, and
33-17 place, and the referring court shall give the respondent notice of
33-18 the hearing in open court. No other notice to the respondent is
33-19 required.
33-20 (e) If the respondent under Subsection (c) is released
33-21 without posting bond or security, the court shall set a hearing on
33-22 the appeal at a designated date, time, and place and give the
33-23 respondent notice of the hearing in open court. No other notice to
33-24 the respondent is required.
33-25 (f) If the referring court is not satisfied that the
33-26 respondent's appearance in court can be assured and the respondent
33-27 remains incarcerated, a hearing on the appeal shall be held as soon
34-1 as practicable, but not later than the fifth day after the date the
34-2 respondent's notice of appeal was filed, unless the respondent and,
34-3 if represented, the respondent's attorney waive the accelerated
34-4 hearing.
34-5 SECTION 41. Subchapter B, Chapter 201, Family Code, is
34-6 amended by adding Section 201.1065 to read as follows:
34-7 Sec. 201.1065. SUPERVISION OF MASTERS. (a) Not later than
34-8 January 1, 2000, the office of court administration and the
34-9 presiding judges of the administrative judicial regions shall
34-10 report to the legislature a plan to improve the efficiency of the
34-11 masters appointed under this subchapter and the masters'
34-12 participation in the child support enforcement program in the
34-13 state.
34-14 (b) The plan must:
34-15 (1) contain written personnel performance standards
34-16 and require annual performance evaluations for the masters and
34-17 other personnel appointed under this subchapter;
34-18 (2) require uniform practices;
34-19 (3) address training needs and resource requirements
34-20 of the masters;
34-21 (4) ensure accountability of the masters for complying
34-22 with applicable federal and state law, including statutes regarding
34-23 a minimum 40-hour workweek and working hours under Chapter 658,
34-24 Government Code; and
34-25 (5) require a uniform process for receiving, handling,
34-26 and resolving complaints about individual masters or the child
34-27 support masters program under this subchapter.
35-1 (c) The office of court administration shall assist the
35-2 presiding judges in monitoring the masters' compliance with job
35-3 performance standards and federal and state laws and policies.
35-4 SECTION 42. Section 201.107(b), Family Code, is amended to
35-5 read as follows:
35-6 (b) The presiding judges of the administrative judicial
35-7 regions, state agencies, and counties may contract with the Title
35-8 IV-D agency for available federal funds under Title IV-D to
35-9 reimburse costs and salaries associated with masters and personnel
35-10 appointed under this subchapter [section] and may also use
35-11 available state funds and public or private grants.
35-12 SECTION 43. Section 201.111, Family Code, is amended by
35-13 amending the heading and Subsection (a) to read as follows:
35-14 Sec. 201.111. TIME TO ACT ON MASTER'S REPORT THAT INCLUDES
35-15 FINDING OF CONTEMPT. (a) Not [Except as provided by Subsection
35-16 (b), not] later than the 10th [30th] day after the date a master's
35-17 report recommending a finding of contempt is filed, the referring
35-18 court shall:
35-19 (1) adopt, approve, or reject the master's report;
35-20 (2) hear further evidence; or
35-21 (3) recommit the matter for further proceedings.
35-22 SECTION 44. Subchapter B, Chapter 201, Family Code, is
35-23 amended by adding Section 201.112 to read as follows:
35-24 Sec. 201.112. LIMITATION ON LAW PRACTICE BY MASTER. A
35-25 master may not engage in the private practice of law.
35-26 SECTION 45. Section 203.007(a), Family Code, is amended to
35-27 read as follows:
36-1 (a) A domestic relations office may obtain the records
36-2 described by Subsections (b) and (c) that relate to a person who
36-3 has:
36-4 (1) been ordered to pay child support;
36-5 (2) been designated as a possessory conservator or
36-6 managing conservator of a child;
36-7 (3) been designated to be the father of a child; or
36-8 (4) executed an acknowledgment [a statement] of
36-9 paternity.
36-10 SECTION 46. Section 231.0011, Family Code, is amended to
36-11 read as follows:
36-12 Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
36-13 FOR CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT. (a) The
36-14 [attorney general, as the] Title IV-D agency [for the State of
36-15 Texas] shall have final approval authority on any contract or
36-16 proposal for delivery of Title IV-D services under this section and
36-17 in coordination with the Texas Judicial Council, the Office of
36-18 Court Administration of the Texas Judicial System, the federal
36-19 Office of Child Support Enforcement, and state, county, and local
36-20 officials, shall develop and implement a statewide integrated
36-21 system for child support and medical support enforcement, employing
36-22 federal, state, local, and private resources to:
36-23 (1) unify child support registry functions;
36-24 (2) record and track all child support orders entered
36-25 in the state;
36-26 (3) establish an automated enforcement process which
36-27 will use delinquency monitoring, billing, and other enforcement
37-1 techniques to ensure the payment of current support;
37-2 (4) incorporate existing enforcement resources into
37-3 the system to obtain maximum benefit from state and federal
37-4 funding; and
37-5 (5) ensure accountability for all participants in the
37-6 process, including state, county, and local officials, private
37-7 contractors, and the judiciary.
37-8 (b) [The attorney general shall convene a work group to
37-9 determine a process and develop a timetable for implementation of a
37-10 unified registry system and to identify any barriers to completion
37-11 of the project. The work group shall include representatives of
37-12 the judiciary, district clerks, and domestic relations offices, as
37-13 well as other interested agencies, organizations, and individuals.
37-14 The work group shall report the results of its deliberations to the
37-15 governor, lieutenant governor, speaker of the house of
37-16 representatives, and attorney general on or before January 15,
37-17 1996.]
37-18 [(c) The attorney general shall, in cooperation with the
37-19 work group established by this section, develop technical standards
37-20 for participation in the unified child support system, including
37-21 standard required data elements for effective monitoring of child
37-22 support and medical support orders and for the imposition of
37-23 interest on delinquent child support.]
37-24 [(d)] Counties and other providers of child support services
37-25 shall be required, as a condition of participation in the unified
37-26 system, to enter into a contract with the Title IV-D agency
37-27 [attorney general], to comply with all federal requirements for the
38-1 Title IV-D program, and to maintain at least the current level of
38-2 funding for activities which are proposed to be included in the
38-3 integrated child support system.
38-4 (c) The Title IV-D agency [(e) The attorney general shall
38-5 identify federal requirements, apply for necessary federal waivers,
38-6 and provide technical system requirements and other information
38-7 concerning participation in the system to counties and other
38-8 providers of child support services not later than January 15,
38-9 1996. Counties shall notify the attorney general of existing
38-10 resources and options for participation not later than May 1, 1996.]
38-11 [(f) Not later than June 1, 1996, the attorney general shall
38-12 produce a procurement and implementation plan for hardware and
38-13 software necessary to implement in phases a unified statewide
38-14 registry and enforcement system.]
38-15 [(g) Effective January 15, 1996, the attorney general] may
38-16 contract with any county meeting technical system requirements
38-17 necessary to comply with federal law for provision of Title IV-D
38-18 services in that county. All new cases in which support orders are
38-19 entered in such county after the effective date of a monitoring
38-20 contract shall be Title IV-D cases. Any other case in the county,
38-21 subject to federal requirements and the agreement of the county and
38-22 the Title IV-D agency [attorney general], may be included as a
38-23 Title IV-D case. Any obligee under a support order may refuse
38-24 Title IV-D enforcement services unless required to accept such
38-25 services pursuant to other law.
38-26 (d) [(h)] Counties participating in the unified enforcement
38-27 system shall monitor all child support registry cases and on
39-1 delinquency may, subject to the approval of the Title IV-D agency,
39-2 provide enforcement services through:
39-3 (1) direct provision of services by county personnel;
39-4 (2) subcontracting all or portions of the services to
39-5 private entities or attorneys; or
39-6 (3) such other methods as may be approved by the Title
39-7 IV-D agency.
39-8 (e) [(i) The attorney general shall undertake a least-cost
39-9 review of its child support operations and shall use the
39-10 information developed in such review to determine what, if any,
39-11 contribution of program funds generated through other Title IV-D
39-12 activities should be made to the participating counties. The
39-13 attorney general, in cooperation with the counties and the federal
39-14 Office of Child Support Enforcement shall develop a cost allocation
39-15 methodology to assist the counties in identifying county
39-16 contributions which may qualify for federal financial
39-17 participation.]
39-18 [(j)] The Title IV-D agency [attorney general] may phase in
39-19 the integrated child support registry and enforcement system, and
39-20 the requirement to implement the system shall be contingent on the
39-21 receipt of locally generated funds and federal reimbursement.
39-22 Locally generated funds include but are not limited to funds
39-23 contributed by counties and cities.
39-24 (f) [(k)] The Title IV-D agency [attorney general] shall
39-25 adopt rules to implement this section.
39-26 (g) [(l)] Participation in the statewide integrated system
39-27 for child support and medical support enforcement by a county is
40-1 voluntary, and nothing in this section shall be construed to
40-2 mandate participation.
40-3 (h) [(m)] This section does not limit the ability of the
40-4 Title IV-D agency to enter into an agreement with a county for the
40-5 provision of services as authorized under Section 231.002.
40-6 SECTION 47. Subchapter A, Chapter 231, Family Code, is
40-7 amended by amending Section 231.002, as amended by Chapters 874 and
40-8 911, Acts of the 75th Legislature, Regular Session, 1997, and
40-9 Section 231.005 and adding Sections 231.011-231.014 to read as
40-10 follows:
40-11 Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency
40-12 may:
40-13 (1) accept, transfer, and expend funds, subject to the
40-14 General Appropriations Act, made available by the federal or state
40-15 government or by another public or private source for the purpose
40-16 of carrying out this chapter;
40-17 (2) adopt rules for the provision of child support
40-18 services;
40-19 (3) initiate legal actions needed to implement this
40-20 chapter; and
40-21 (4) enter into contracts or agreements necessary to
40-22 administer this chapter.
40-23 (b) The Title IV-D agency may perform the duties and
40-24 functions necessary for locating children under agreements with the
40-25 federal government as provided by 42 U.S.C. Section 663.
40-26 (c) The Title IV-D agency may enter into agreements or
40-27 contracts with federal, state, or other public or private agencies
41-1 or individuals for the purpose of carrying out this chapter. The
41-2 agreements or contracts between the agency and other state agencies
41-3 or political subdivisions of the state are not subject to Chapter
41-4 771 or [Chapter] 783, Government Code.
41-5 (d) Consistent with federal law and any international treaty
41-6 or convention to which the United States is a party and that has
41-7 been ratified by the United States Congress, the Title IV-D agency
41-8 may:
41-9 (1) on approval by and in cooperation with the
41-10 governor, pursue negotiations and enter into reciprocal
41-11 arrangements with the federal government, another state, or a
41-12 foreign country or a political subdivision of the federal
41-13 government, state, or foreign country to:
41-14 (A) establish and enforce child support
41-15 obligations; and
41-16 (B) establish mechanisms to enforce an order
41-17 providing for possession of or access to a child rendered under
41-18 Chapter 153;
41-19 (2) spend money appropriated to the agency for child
41-20 support enforcement to engage in international child support
41-21 enforcement; and
41-22 (3) spend other money appropriated to the agency
41-23 necessary for the agency to conduct the agency's activities under
41-24 Subdivision (1).
41-25 (e) The Title IV-D agency may take the following
41-26 administrative actions with respect to the location of a parent,
41-27 the determination of parentage, and the establishment,
42-1 modification, and enforcement of child support and medical support
42-2 orders required by 42 U.S.C. Section 666(c), without obtaining an
42-3 order from any other judicial or administrative tribunal:
42-4 (1) issue an administrative subpoena, as provided by
42-5 Section 231.303, to obtain financial or other information;
42-6 (2) order genetic testing for parentage determination,
42-7 as provided by Chapter 233;
42-8 (3) order income withholding, as provided by Chapter
42-9 233, and issue an administrative writ of withholding, as provided
42-10 by Chapter 158; and
42-11 (4) take any action with respect to execution,
42-12 collection, and release of a judgment or lien for child support
42-13 necessary to satisfy the judgment or lien, as provided by Chapter
42-14 157.
42-15 (f) [(e)] The Title IV-D agency shall recognize and enforce
42-16 the authority of the Title IV-D agency of another state to take
42-17 actions similar to the actions listed in this section [Subsection
42-18 (d)].
42-19 (g) [(f)] The Title IV-D agency shall develop and use
42-20 procedures for the administrative enforcement of interstate cases
42-21 meeting the requirements of 42 U.S.C. Section 666(a)(14) under
42-22 which the agency:
42-23 (1) shall promptly respond [within five business days]
42-24 to a request made by another state for assistance in a Title IV-D
42-25 case; and
42-26 (2) may, by electronic or other means, transmit to
42-27 another state a request for assistance in a Title IV-D case.
43-1 (h) In each Title IV-D case in which the total amount of a
43-2 child support obligor's child support delinquency is at least
43-3 $5,000 and the obligor owns property in the state or resides in the
43-4 state, the Title IV-D agency shall enforce the child support
43-5 obligation by filing a child support lien under Subchapter G,
43-6 Chapter 157. This subsection does not prohibit the Title IV-D
43-7 agency from filing a child support lien in any other case in which
43-8 a lien may be filed under Subchapter G, Chapter 157.
43-9 Sec. 231.005. BIENNIAL REPORT REQUIRED. (a) The Title IV-D
43-10 agency shall report to the legislature each biennium on:
43-11 (1) the effectiveness of the agency's child support
43-12 enforcement activity in reducing the state's public assistance
43-13 obligations;
43-14 (2) the use and effectiveness of all enforcement tools
43-15 authorized by state or federal law or otherwise available to the
43-16 agency; and
43-17 (3) the progress and impact of the Title IV-D agency's
43-18 efforts to use private contractors to perform Title IV-D program
43-19 functions.
43-20 (b) The agency shall develop a method for estimating the
43-21 costs and benefits of the child support enforcement program and the
43-22 effect of the program on appropriations for public assistance.
43-23 Sec. 231.011. INTERAGENCY WORK GROUP. (a) The Title IV-D
43-24 agency shall convene a standing work group to develop and maintain
43-25 an interagency partnership strategy. The director of the Title
43-26 IV-D agency shall lead the work group.
43-27 (b) The work group shall consist of representatives from the
44-1 Department of Protective and Regulatory Services, the Texas
44-2 Department of Human Services, the Texas Department of Health, the
44-3 Texas Workforce Commission, and the office of the comptroller. The
44-4 executive head of each agency shall appoint the agency's
44-5 representative. If the work group addresses an issue that is under
44-6 the authority of the Health and Human Services Commission, the work
44-7 group shall include a representative from that commission when
44-8 addressing that issue.
44-9 (c) The interagency partnership strategy shall:
44-10 (1) identify methods to improve the exchange of data
44-11 between the agencies represented in the work group;
44-12 (2) develop procedures to coordinate the child support
44-13 efforts of each agency in the work group;
44-14 (3) identify the benefits of contracts under which a
44-15 state agency provides child support services related to the
44-16 agency's core competency to the Title IV-D agency;
44-17 (4) identify ways to improve client intake and client
44-18 referral;
44-19 (5) develop methods to enhance foster care child
44-20 support collections;
44-21 (6) increase the recovery of Medicaid for the Title
44-22 IV-D agency and the Texas Department of Health; and
44-23 (7) examine the benefits of contracts under which the
44-24 comptroller or a private entity provides services regarding the
44-25 receipt and payment of child support.
44-26 (d) Each agency represented on the work group shall identify
44-27 specific child support services that are related to the agency's
45-1 areas of core competence and may be provided by the agency under a
45-2 contract. The state auditor and the State Council on Competitive
45-3 Government shall assist:
45-4 (1) the agencies in identifying the child support
45-5 services that are within the agency's core competency; and
45-6 (2) the work group in developing strategies to obtain
45-7 child support services from the agencies.
45-8 Sec. 231.012. COUNTY ADVISORY WORK GROUP. (a) The director
45-9 of the Title IV-D agency shall establish a county advisory work
45-10 group to assist the Title IV-D agency in developing and changing
45-11 child support programs that affect counties. The work group shall
45-12 consist of at least one of each of the following:
45-13 (1) county judge;
45-14 (2) county commissioner;
45-15 (3) district clerk;
45-16 (4) domestic relations officer;
45-17 (5) Title IV-D master; and
45-18 (6) district court judge.
45-19 (b) The director of the Title IV-D agency shall appoint the
45-20 members of the work group after consulting with the relevant
45-21 professional or trade associations of the professions that are
45-22 represented on the work group. The director of the Title IV-D
45-23 agency shall determine the number of members of the work group and
45-24 shall designate the presiding officer of the group.
45-25 (c) The work group shall:
45-26 (1) advise the director of the Title IV-D agency of
45-27 the impact on counties that a proposed child support program or a
46-1 change in a program may have;
46-2 (2) establish a state-county child support improvement
46-3 plan;
46-4 (3) advise the Title IV-D agency on the operation of
46-5 the state disbursement unit;
46-6 (4) plan for monetary incentives for county
46-7 partnership programs;
46-8 (5) expand the number of agreements with counties for
46-9 enforcement services; and
46-10 (6) work with relevant statewide associations on a
46-11 model partnership agreement.
46-12 (d) A work group member or the member's designee may not
46-13 receive compensation but is entitled to reimbursement for actual
46-14 and necessary expenses incurred in performing the member's duties
46-15 under this section.
46-16 (e) The work group is not an advisory committee as defined
46-17 by Section 2110.001, Government Code. Chapter 2110, Government
46-18 Code, does not apply to the work group.
46-19 Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE. (a)
46-20 The Title IV-D agency shall create an information resources
46-21 steering committee to:
46-22 (1) oversee information resource project development
46-23 for the Title IV-D agency;
46-24 (2) make strategic prioritization recommendations;
46-25 (3) facilitate development of accurate information for
46-26 the director of the Title IV-D agency; and
46-27 (4) perform other functions as determined by the
47-1 director of the Title IV-D agency.
47-2 (b) The steering committee must include a senior management
47-3 executive representing each significant function of the Title IV-D
47-4 agency. The steering committee may include a person representing:
47-5 (1) counties; or
47-6 (2) a vendor contracting with the Title IV-D agency.
47-7 (c) The director of the Title IV-D agency shall appoint the
47-8 members of the steering committee after consulting with the
47-9 Department of Information Resources.
47-10 Sec. 231.014. PERSONNEL. The director of the Title IV-D
47-11 agency shall provide to the employees of the Title IV-D agency, as
47-12 often as necessary, information regarding the requirements for
47-13 employment under this title, including information regarding a
47-14 person's responsibilities under applicable laws relating to
47-15 standards of conduct for state employees.
47-16 SECTION 48. Section 231.106(b), Family Code, is amended to
47-17 read as follows:
47-18 (b) The Title IV-D agency shall send a copy of the notice of
47-19 termination of assignment to the court ordering the support and to
47-20 the child support registry, and on receipt of the notice the clerk
47-21 of the court shall file the notice in the appropriate case file.
47-22 The clerk may not require an order of the court to terminate the
47-23 assignment and direct support payments to the person entitled to
47-24 receive the payment.
47-25 SECTION 49. Section 231.108, Family Code, is amended by
47-26 adding Subsection (f) to read as follows:
47-27 (f) The Title IV-D agency, by rule, may provide for the
48-1 release of information to persons for purposes not prohibited by
48-2 federal law.
48-3 SECTION 50. Subchapter B, Chapter 231, Family Code, is
48-4 amended by amending Section 231.112 and Section 231.115, as added
48-5 by Chapter 911, Acts of the 75th Legislature, Regular Session,
48-6 1997, renumbering and amending Section 231.115, as added by Chapter
48-7 165, Acts of the 75th Legislature, Regular Session, 1997, and
48-8 adding Sections 231.118, 231.119, and 231.120 to read as follows:
48-9 Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On
48-10 notification by the state registrar under Section 192.005(d),
48-11 Health and Safety Code, that the items relating to the child's
48-12 father are not completed on a birth certificate filed with the
48-13 state registrar, the Title IV-D agency may provide to:
48-14 (1) the child's mother and, if possible, the man
48-15 claiming to be the child's biological father written information
48-16 necessary for the man to complete an acknowledgment [a statement]
48-17 of paternity as provided by Chapter 160; and
48-18 (2) the child's mother written information:
48-19 (A) explaining the benefits of having the
48-20 child's paternity established; and
48-21 (B) regarding the availability of paternity
48-22 establishment and child support enforcement services.
48-23 Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC
48-24 ASSISTANCE. (a) The failure by a person who is a recipient of
48-25 public assistance under Chapter 31, Human Resources Code, to
48-26 provide accurate information as required by Section 31.0315, Human
48-27 Resources Code, shall serve as the basis for a determination by the
49-1 Title IV-D agency that the person did not cooperate with the Title
49-2 IV-D agency.
49-3 (b) The Title IV-D agency shall:
49-4 (1) identify [adopt rules establishing] the actions or
49-5 failures to act by a recipient of public assistance that constitute
49-6 noncooperation with the Title IV-D agency;
49-7 (2) adopt rules governing noncompliance; and
49-8 (3) send noncompliance determinations to the Texas
49-9 Department of Human Services for immediate imposition of sanctions.
49-10 (c) In adopting rules under this section that establish the
49-11 basis for determining that a person has failed to cooperate with
49-12 the Title IV-D agency, the Title IV-D agency shall consider
49-13 whether:
49-14 (1) good cause exists for the failure to cooperate;
49-15 (2) the person has failed to disclose the name and
49-16 location of an alleged or probable parent of the child, if known by
49-17 the person, at the time of applying for public assistance or at a
49-18 subsequent time; and
49-19 (3) the person named a man as the alleged father and
49-20 the man was subsequently excluded by parentage testing as being the
49-21 father if the person has previously named another man as the
49-22 child's father.
49-23 Sec. 231.117 [231.115]. UNEMPLOYED NONCUSTODIAL PARENTS.
49-24 (a) The Title IV-D agency shall refer to appropriate state and
49-25 local entities that assist unemployed noncustodial parents in
49-26 gaining employment any unemployed noncustodial parent who is in
49-27 arrears in court-ordered child support payments to a child who:
50-1 (1) receives financial assistance under Chapter 31,
50-2 Human Resources Code; or
50-3 (2) is otherwise eligible to receive financial
50-4 assistance under Chapter 31, Human Resources Code, and for whom the
50-5 Department of Protective and Regulatory Services is providing
50-6 substitute care.
50-7 (b) A referral under Subsection (a) may include:
50-8 (1) skills training and job placement through:
50-9 (A) the Texas Workforce Commission; or
50-10 (B) the agency responsible for the food stamp
50-11 employment and training program (7 U.S.C. Section 2015(d));
50-12 (2) referrals to education and literacy classes; and
50-13 (3) counseling regarding:
50-14 (A) substance abuse;
50-15 (B) parenting skills;
50-16 (C) life skills; and
50-17 (D) mediation techniques.
50-18 (c) The Title IV-D agency may require an unemployed
50-19 noncustodial parent to complete the training, classes, or
50-20 counseling the parent is referred to under this section. The
50-21 agency shall suspend under Chapter 232 the license of a parent who
50-22 fails to comply with the requirements of this subsection.
50-23 (d) A court or the Title IV-D agency may issue an order that
50-24 requires the parent to either work, have a plan to pay overdue
50-25 child support, or participate in work activities appropriate to pay
50-26 the overdue support.
50-27 Sec. 231.118. SERVICE OF CITATION. (a) The Title IV-D
51-1 agency may contract with private process servers to serve a
51-2 citation, a subpoena, an order, or any other document required or
51-3 appropriate under law to be served a party.
51-4 (b) For the purposes of Rule 103 of the Texas Rules of Civil
51-5 Procedure, a person who serves a citation or any other document
51-6 under this section is authorized to serve the document without a
51-7 written court order authorizing the service.
51-8 (c) Issuance and return of the process shall be made in
51-9 accordance with law and shall be verified by the person serving the
51-10 document.
51-11 Sec. 231.119. OMBUDSMAN PROGRAM. (a) The Title IV-D agency
51-12 shall establish an ombudsman program to process and track
51-13 complaints against the Title IV-D agency. The director of the
51-14 Title IV-D agency shall:
51-15 (1) designate an employee to serve as chief ombudsman
51-16 to manage the ombudsman program; and
51-17 (2) designate an employee in each field office to act
51-18 as the ombudsman for the office.
51-19 (b) The Title IV-D agency shall develop and implement a
51-20 uniform process for receiving and resolving complaints against the
51-21 Title IV-D agency throughout the state. The process shall include
51-22 statewide procedures to inform the public and recipients of Title
51-23 IV-D services of the right to file a complaint against the Title
51-24 IV-D agency, including the mailing addresses and telephone numbers
51-25 of appropriate Title IV-D agency personnel responsible for
51-26 receiving complaints and providing related assistance.
51-27 (c) The ombudsman in each field office shall ensure that an
52-1 employee in the field office responds to and attempts to resolve
52-2 each complaint that is filed with the field office. If a complaint
52-3 cannot be resolved at the field office level, the ombudsman in the
52-4 field office shall refer the complaint to the chief ombudsman.
52-5 (d) The Title IV-D agency shall maintain a file on each
52-6 written complaint filed with the Title IV-D agency. The file must
52-7 include:
52-8 (1) the name of the person who filed the complaint;
52-9 (2) the date the complaint is received by the Title
52-10 IV-D agency;
52-11 (3) the subject matter of the complaint;
52-12 (4) the name of each person contacted in relation to
52-13 the complaint;
52-14 (5) a summary of the results of the review or
52-15 investigation of the complaint; and
52-16 (6) an explanation of the reason the file was closed,
52-17 if the agency closed the file without taking action other than to
52-18 investigate the complaint.
52-19 (e) The Title IV-D agency, at least quarterly until final
52-20 disposition of the complaint, shall notify the person filing the
52-21 complaint and each person who is a subject of the complaint of the
52-22 status of the investigation of the complaint unless the notice
52-23 would jeopardize an undercover investigation.
52-24 (f) The Title IV-D agency shall provide to the person filing
52-25 the complaint and to each person who is a subject of the complaint
52-26 a copy of the Title IV-D agency's policies and procedures relating
52-27 to complaint investigation and resolution.
53-1 Sec. 231.120. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. The
53-2 Title IV-D agency shall maintain a toll-free telephone number at
53-3 which personnel are available during normal business hours to
53-4 answer questions from employers responsible for withholding child
53-5 support. The Title IV-D agency shall inform employers about the
53-6 toll-free telephone number.
53-7 SECTION 51. Section 231.204, Family Code, is amended to read
53-8 as follows:
53-9 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except
53-10 as provided by this subchapter, an appellate court, a clerk of an
53-11 appellate court, a district or county clerk, sheriff, constable, or
53-12 other government officer or employee may not charge the Title IV-D
53-13 agency or a private attorney or political subdivision that has
53-14 entered into a contract to provide Title IV-D services any fees or
53-15 other amounts otherwise imposed by law for services rendered in, or
53-16 in connection with, a Title IV-D case, including:
53-17 (1) a fee payable to a district clerk for:
53-18 (A) performing services related to the estates
53-19 of deceased persons or minors;
53-20 (B) certifying copies; or
53-21 (C) comparing copies to originals;
53-22 (2) a court reporter fee, except as provided by
53-23 Section 231.209;
53-24 (3) a judicial fund fee;
53-25 (4) a fee for a child support registry, enforcement
53-26 office, or domestic relations office; and
53-27 (5) a fee for alternative dispute resolution services.
54-1 SECTION 52. Section 231.301, Family Code, is amended to read
54-2 as follows:
54-3 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. (a) The
54-4 parent locator service conducted by the Title IV-D agency shall be
54-5 used to obtain information for:
54-6 (1) child support establishment and enforcement
54-7 purposes regarding the identity, social security number, location,
54-8 employer and employment benefits, income, and assets or debts of
54-9 any individual under an obligation to pay child or medical support
54-10 or to whom a support obligation is owed; or
54-11 (2) the establishment of paternity.
54-12 (b) As authorized by federal law, the following persons may
54-13 receive information under this section:
54-14 (1) a person or entity that contracts with the Title
54-15 IV-D agency to provide services authorized under Title IV-D or an
54-16 employee of the Title IV-D agency;
54-17 (2) an attorney who has the duty or authority, by law,
54-18 to enforce an order for possession of or access to a child;
54-19 (3) a court, or an agent of the court, having
54-20 jurisdiction to render or enforce an order for possession of or
54-21 access to a child;
54-22 (4) the resident parent, legal guardian, attorney, or
54-23 agent of a child who is not receiving public assistance; and
54-24 (5) a state agency that administers a program operated
54-25 under a state plan as provided by 42 U.S.C. Section 653(c).
54-26 SECTION 53. Section 231.305, Family Code, is amended to read
54-27 as follows:
55-1 Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
55-2 FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D
55-3 agency and the Texas Department of Human Services by rule shall
55-4 adopt a memorandum of understanding governing the establishment and
55-5 enforcement of court-ordered child support in cases involving
55-6 children who receive financial assistance under Chapter 31, Human
55-7 Resources Code. The memorandum shall require the agency and the
55-8 department to:
55-9 (1) develop procedures to ensure that the information
55-10 the department is required to collect to establish and enforce
55-11 child support:
55-12 (A) is collected from the person applying to
55-13 receive the financial assistance at the time the application is
55-14 filed;
55-15 (B) is accurate and complete when the department
55-16 forwards the information to the agency; [and]
55-17 (C) is not information previously reported to
55-18 the agency; and
55-19 (D) is forwarded to the agency in an expeditious
55-20 manner;
55-21 (2) develop procedures to ensure that the agency does
55-22 not duplicate the efforts of the department in gathering necessary
55-23 information;
55-24 (3) clarify each agency's responsibilities in the
55-25 establishment and enforcement of child support; [and]
55-26 (4) develop guidelines for use by eligibility workers
55-27 and child support enforcement officers in obtaining from an
56-1 applicant the information required to establish and enforce child
56-2 support for that child;
56-3 (5) develop training programs for appropriate
56-4 department personnel to enhance the collection of information for
56-5 child support enforcement;
56-6 (6) develop a standard time, not to exceed 30 days,
56-7 for the department to initiate a sanction on request from the
56-8 agency;
56-9 (7) develop procedures for agency participation in
56-10 department appeal hearings relating to noncompliance sanctions;
56-11 (8) develop performance measures regarding the
56-12 timeliness and the number of sanctions resulting from agency
56-13 requests for noncompliance sanctions; and
56-14 (9) prescribe:
56-15 (A) the time in which the department is required
56-16 to forward information under Subdivision (1)(D); and
56-17 (B) what constitutes complete information under
56-18 Subdivision (1)(B).
56-19 (b) The Title IV-D agency and the Texas Department of Human
56-20 Services [semiannually] shall review and renew or modify the
56-21 memorandum not later than January 1 of each even-numbered year [as
56-22 necessary].
56-23 SECTION 54. Section 231.307, Family Code, is amended by
56-24 amending Subsections (c) and (d) and adding Subsection (e) to read
56-25 as follows:
56-26 (c) The Title IV-D agency may enter into an agreement with
56-27 one or more states to create a consortium for data matches
57-1 authorized under this section. The Title IV-D agency may contract
57-2 with a vendor selected by the consortium to perform data matches
57-3 with financial institutions.
57-4 (d) A financial institution providing information or
57-5 responding to a notice of child support lien provided under
57-6 Subchapter G, Chapter 157, or otherwise acting in good faith to
57-7 comply with the Title IV-D agency's procedures under this section
57-8 may not be liable under any federal or state law for any damages
57-9 that arise from those acts.
57-10 (e) [(d)] In this section:
57-11 (1) "Financial institution" has the meaning assigned
57-12 by 42 U.S.C. Section 669a(d)(1); and
57-13 (2) "Account" means a demand deposit account, checking
57-14 or negotiable withdrawal order account, savings account, time
57-15 deposit account, or money market mutual fund account.
57-16 SECTION 55. Section 232.003(a), Family Code, is amended to
57-17 read as follows:
57-18 (a) A court or the Title IV-D agency may issue an order
57-19 suspending a license as provided by this chapter if an individual
57-20 who is an obligor:
57-21 (1) has a child support arrearage equal to or greater
57-22 than the total support due for 90 days under a support order;
57-23 (2) has been provided an opportunity to make payments
57-24 toward the child support arrearage under a court order or an agreed
57-25 [or court-ordered] repayment schedule[, without regard to whether
57-26 the repayment schedule was agreed to or ordered before or after the
57-27 date the petition for suspension of a license was filed]; and
58-1 (3) has failed to comply with the repayment schedule.
58-2 SECTION 56. Section 232.004(b), Family Code, is amended to
58-3 read as follows:
58-4 (b) In a Title IV-D case, the petition shall be filed with
58-5 the Title IV-D agency, the court of continuing jurisdiction, or the
58-6 tribunal in which a child support order has been registered under
58-7 Chapter 159. The tribunal in which the petition is filed obtains
58-8 jurisdiction over the matter.
58-9 SECTION 57. Section 232.008(a), Family Code, is amended to
58-10 read as follows:
58-11 (a) On making the findings required by Section 232.003, the
58-12 court or Title IV-D agency shall render an order suspending the
58-13 license unless the individual:
58-14 (1) proves that all arrearages and the current month's
58-15 support have been paid; [or]
58-16 (2) shows good cause for failure to comply with the
58-17 subpoena; or
58-18 (3) establishes an affirmative defense as provided by
58-19 Section 157.008(c).
58-20 SECTION 58. Section 233.001, Family Code, as added by
58-21 Chapter 420, Acts of the 75th Legislature, Regular Session, 1997,
58-22 is amended by amending Subsection (b) and adding Subsection (c) to
58-23 read as follows:
58-24 (b) The state case registry shall provide to a custodial
58-25 parent under Subsection (a) who makes a request for information or,
58-26 to the extent provided by federal law, to an attorney, friend of
58-27 the court, guardian ad litem, or domestic relations office
59-1 designated by the parent any information in the registry required
59-2 by 42 U.S.C. Section 654a(e) concerning the parent's case[,
59-3 including:]
59-4 [(1) the noncustodial parent's address, social
59-5 security number, and employer's name and address;]
59-6 [(2) the amount and location of real and personal
59-7 property owned by the noncustodial parent;]
59-8 [(3) the name and address of financial institutions in
59-9 which the noncustodial parent has an account and each account
59-10 number; and]
59-11 [(4) any other information the disclosure of which is
59-12 not specifically prohibited by federal law].
59-13 (c) To the extent permitted by federal law, the state case
59-14 registry shall provide the information described by Subsection (b)
59-15 to a domestic relations office or friend of the court that requests
59-16 information regarding a case described by Subsection (a).
59-17 SECTION 59. Section 233.005, Family Code, as redesignated by
59-18 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
59-19 is amended to read as follows:
59-20 Sec. 233.005. INITIATING ADMINISTRATIVE ACTIONS. An
59-21 administrative action under this chapter may be initiated by
59-22 issuing a notice of child support review under Section 233.006 or a
59-23 notice of proposed child support review order under Section 233.009
59-24 or 233.0095 to each party entitled to notice.
59-25 SECTION 60. Chapter 233, Family Code, as redesignated by
59-26 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
59-27 is amended by adding Section 233.0095 to read as follows:
60-1 Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER
60-2 IN CASES OF ACKNOWLEDGED PATERNITY. (a) If an individual has
60-3 signed the acknowledgment of paternity as the father of the child
60-4 or executed a statement of paternity, the Title IV-D agency may
60-5 serve on the parties a notice of proposed child support review
60-6 order.
60-7 (b) The notice of proposed child support review order shall
60-8 state:
60-9 (1) the amount of periodic payment of child support
60-10 due;
60-11 (2) that the person identified in the notice as the
60-12 party responsible for payment of the support amounts may only
60-13 contest the amount of monthly support; and
60-14 (3) that, if the person identified in the notice as
60-15 the party responsible for payment of the support amounts does not
60-16 contest the notice in writing or request a negotiation conference
60-17 to discuss the notice not later than the 15th day after the date
60-18 the notice was delivered, the Title IV-D agency may file the child
60-19 support order for child support and for medical support for the
60-20 child as provided by Chapter 154 according to the information
60-21 available to the agency.
60-22 (c) The Title IV-D agency may schedule a negotiation
60-23 conference without a request from a party.
60-24 (d) The Title IV-D agency shall schedule a negotiation
60-25 conference on the timely request of a party.
60-26 (e) The Title IV-D agency may conduct a negotiation
60-27 conference, or any part of a negotiation conference, by telephone
61-1 conference call, by video conference, or in person and may adjourn
61-2 the conference for a reasonable time to permit mediation of issues
61-3 that cannot be resolved by the parties and the agency.
61-4 SECTION 61. Section 233.018, Family Code, as redesignated by
61-5 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
61-6 is amended to read as follows:
61-7 Sec. 233.018. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT
61-8 REVIEW ORDER. (a) If a negotiation conference results in an
61-9 agreement of the parties, each party must sign the child support
61-10 review order and the order must contain as to each party:
61-11 (1) a waiver by the party of the right to service of
61-12 process and a court hearing and the making of a record on the
61-13 petition for confirmation;
61-14 (2) the mailing address of the party; and
61-15 (3) the following statement printed on the order in
61-16 boldfaced type, [boldface or] in [all] capital letters, or
61-17 underlined:
61-18 "I KNOW THAT I DO NOT HAVE TO SIGN THIS CHILD SUPPORT REVIEW ORDER.
61-19 I UNDERSTAND THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY THE
61-20 COURT WITHOUT FURTHER NOTICE TO ME. I KNOW THAT I HAVE A RIGHT TO
61-21 REQUEST THAT A COURT RECONSIDER THE ORDER BY FILING A MOTION FOR A
61-22 NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY AFTER THE DATE OF THE
61-23 CONFIRMATION OF THE ORDER BY THE COURT. I KNOW THAT IF I DO NOT
61-24 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
61-25 (b) If a negotiation conference results in an agreement on
61-26 some but not all issues in the case, the parties may sign a waiver
61-27 of service along with an agreement to appear in court at a
62-1 specified date and time for a determination by the court of all
62-2 unresolved issues. Notice of the hearing is not required.
62-3 SECTION 62. Section 233.019(c), Family Code, as redesignated
62-4 and amended by Chapter 911, Acts of the 75th Legislature, Regular
62-5 Session, 1997, is amended to read as follows:
62-6 (c) If applicable, an acknowledgment [a statement] of
62-7 paternity or a written report of a parentage testing expert and any
62-8 documentary evidence relied upon by the agency shall be filed with
62-9 the agreed review order as an exhibit to the order.
62-10 SECTION 63. Section 233.020, Family Code, as redesignated by
62-11 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
62-12 is amended to read as follows:
62-13 Sec. 233.020. CONTENTS OF PETITION FOR CONFIRMATION OF
62-14 NONAGREED ORDER. (a) A petition for confirmation of a child
62-15 support review order not agreed to by the parties:
62-16 (1) must include the final review order as an
62-17 attachment to the petition; and
62-18 (2) may include a waiver of service executed under
62-19 Section 233.018(b) and an agreement to appear in court for a
62-20 hearing.
62-21 (b) Documentary evidence relied on by the Title IV-D agency,
62-22 including, if applicable, an acknowledgment [a statement] of
62-23 paternity or a written report of a parentage testing expert, shall
62-24 be filed with the clerk as exhibits to the petition, but are not
62-25 required to be served on the parties. The petition must identify
62-26 the exhibits that are filed with the clerk.
62-27 SECTION 64. Subchapter A, Chapter 234, Family Code, as added
63-1 by Chapter 911, Acts of the 75th Legislature, Regular Session,
63-2 1997, is amended by amending Sections 234.001, 234.002, and 234.003
63-3 and adding Sections 234.006, 234.007, and 234.008 to read as
63-4 follows:
63-5 Sec. 234.001. ESTABLISHMENT AND OPERATION OF STATE CASE
63-6 [UNIFIED] REGISTRY AND STATE DISBURSEMENT UNIT. (a) The Title
63-7 IV-D agency shall establish and operate a [unified] state case
63-8 registry and state disbursement unit meeting the requirements of 42
63-9 U.S.C. Sections 654a(e) and 654b.
63-10 (b) The state case registry [and unit] shall[:]
63-11 [(1)] maintain records of child support orders in
63-12 Title IV-D cases and in other cases in which a child support order
63-13 has been established or modified in this state on or after October
63-14 1, 1998.[;]
63-15 (c) The state disbursement unit shall:
63-16 (1) [(2)] receive, maintain, and furnish records of
63-17 child support payments in Title IV-D cases and other cases as
63-18 required by law;
63-19 (2) forward [(3) in a Title IV-D case, monitor
63-20 support payments and initiate appropriate enforcement actions
63-21 immediately on the occurrence of a delinquency in payment;]
63-22 [(4) distribute] child support payments as required by
63-23 law; [and]
63-24 (3) [(5)] maintain [custody of official] child support
63-25 payment records made through the state [in the registry and]
63-26 disbursement unit; and
63-27 (4) make available to a local registry each day in a
64-1 manner determined by the Title IV-D agency with the assistance of
64-2 the work group established under Section 234.003 the following
64-3 information:
64-4 (A) the cause number of the suit under which
64-5 withholding is required;
64-6 (B) the payor's name and social security number;
64-7 (C) the payee's name and, if available, social
64-8 security number;
64-9 (D) the date the disbursement unit received the
64-10 payment;
64-11 (E) the amount of the payment; and
64-12 (F) the instrument identification information.
64-13 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
64-14 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
64-15 child support and medical support enforcement under Chapter 231
64-16 shall be part of the [unified] state case registry and state
64-17 disbursement unit authorized by this subchapter.
64-18 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
64-19 Title IV-D agency shall convene a work group to develop procedures
64-20 for the establishment and operation of the [unified] state case
64-21 registry and state disbursement unit. The work group shall consist
64-22 of representatives of the judiciary, district clerks, domestic
64-23 relations offices, and the bureau of vital statistics, as well as
64-24 other county and state agencies, and other appropriate entities,
64-25 identified by the Title IV-D agency. To the extent possible, the
64-26 work group shall consolidate the reporting of information relating
64-27 to court orders required of clerks of courts under this title.
65-1 (b) The work group shall meet at least quarterly [Title IV-D
65-2 agency shall, in cooperation with the work group established under
65-3 this section, adopt rules and prescribe forms to implement this
65-4 subchapter].
65-5 (c) A work group member or the member's designee may not
65-6 receive compensation but is entitled to reimbursement for actual
65-7 and necessary expenses incurred in performing the member's duties
65-8 under this section.
65-9 (d) The work group is not an advisory committee as defined
65-10 by Section 2110.001, Government Code. Chapter 2110, Government
65-11 Code, does not apply to the work group.
65-12 (e) This section expires December 31, 2000.
65-13 Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. The Title IV-D
65-14 agency shall, in cooperation with the work group established under
65-15 Section 234.003, adopt rules, in compliance with federal law, that
65-16 establish the definitions for, and the date of and the procedures
65-17 for:
65-18 (1) the operation of the state case registry and the
65-19 state disbursement unit; and
65-20 (2) the return of payments made in error or delivered
65-21 to the state disbursement unit with insufficient information for
65-22 disbursement.
65-23 Sec. 234.007. NOTICE OF PLACE OF PAYMENT. (a) The Title
65-24 IV-D agency shall notify the courts that the state disbursement
65-25 unit has been established. After receiving notice of the
65-26 establishment of the state disbursement unit, a court that orders
65-27 income to be withheld for child support shall order that all income
66-1 withheld for child support be paid to the state disbursement unit.
66-2 (b) In order to redirect payments from a local registry to
66-3 the state disbursement unit after the date of the establishment of
66-4 the state disbursement unit, the Title IV-D agency shall issue a
66-5 notice of place of payment informing the obligor, obligee, and
66-6 employer that income withheld for child support is to be paid to
66-7 the state disbursement unit.
66-8 (c) A copy of the notice under Subsection (b) shall be filed
66-9 with the court of continuing jurisdiction and with the local child
66-10 support registry.
66-11 (d) The notice under Subsection (b) must include:
66-12 (1) the name of the child for whom support is ordered
66-13 and of the person to whom support is ordered by the court to be
66-14 paid;
66-15 (2) the style and cause number of the case in which
66-16 support is ordered; and
66-17 (3) instructions for the payment of ordered support to
66-18 the state disbursement unit.
66-19 (e) On receipt of a copy of the notice under Subsection (b),
66-20 the clerk of the court shall file the notice in the appropriate
66-21 case file.
66-22 Sec. 234.008. DEPOSIT, DISTRIBUTION, AND ISSUANCE OF
66-23 PAYMENTS. (a) Not later than the second business day after the
66-24 date the state disbursement unit receives a child support payment,
66-25 the state disbursement unit shall distribute the payment to the
66-26 Title IV-D agency or the obligee.
66-27 (b) The state disbursement unit shall deposit daily all
67-1 child support payments in a trust fund with the state comptroller.
67-2 Subject to the agreement of the comptroller, the state disbursement
67-3 unit may issue checks from the trust fund.
67-4 SECTION 65. Section 192.002, Health and Safety Code, is
67-5 amended by adding Subsection (d) to read as follows:
67-6 (d) The social security numbers of the mother and father
67-7 recorded on the form shall be made available to the federal Social
67-8 Security Administration.
67-9 SECTION 66. Section 192.0051, Health and Safety Code, is
67-10 amended to read as follows:
67-11 Sec. 192.0051. REPORT OF DETERMINATION [CERTIFICATE] OF
67-12 PATERNITY. (a) A report [declaration] of each determination of
67-13 paternity in this state shall be filed with the state registrar.
67-14 (b) On a determination of paternity, the petitioner shall
67-15 provide the clerk of the court in which the decree was granted with
67-16 the information necessary to prepare the report [declaration]. The
67-17 clerk shall:
67-18 (1) report the determination [prepare the declaration]
67-19 on a form or in a manner provided by the department; and
67-20 (2) complete the report [declaration] immediately
67-21 after the decree becomes final.
67-22 (c) On completion of the report [Not later than the 10th day
67-23 of each month], the clerk of the court shall forward to the state
67-24 registrar the report [a declaration] for each decree that became
67-25 final in that court [during the preceding month].
67-26 SECTION 67. Section 192.006, Health and Safety Code, is
67-27 amended by adding Subsection (e) to read as follows:
68-1 (e) In accordance with board rules, a supplementary birth
68-2 certificate may be filed for a person whose parentage has been
68-3 determined by an acknowledgment of paternity.
68-4 SECTION 68. Subchapter A, Chapter 192, Health and Safety
68-5 Code, is amended by adding Section 192.012 to read as follows:
68-6 Sec. 192.012. RECORD OF ACKNOWLEDGMENT OF PATERNITY. (a)
68-7 If the mother of a child is not married to the father of the child,
68-8 a person listed in Section 192.003 who is responsible for filing
68-9 the birth certificate shall:
68-10 (1) provide an opportunity for the child's mother and
68-11 putative father to sign an acknowledgment of paternity as provided
68-12 by Subchapter C, Chapter 160, Family Code; and
68-13 (2) provide oral and written information to the
68-14 child's mother and putative father about:
68-15 (A) establishing paternity, including an
68-16 explanation of the rights and responsibilities that result from
68-17 acknowledging paternity; and
68-18 (B) the availability of child support services.
68-19 (b) The local registrar shall transmit the acknowledgment of
68-20 paternity to the state registrar.
68-21 (c) The state registrar shall record the information
68-22 contained in the acknowledgment of paternity and transmit the
68-23 information to the Title IV-D agency.
68-24 (d) The Title IV-D agency may use the information contained
68-25 in the acknowledgment of paternity for any purpose directly
68-26 connected with providing child support services under Chapter 231,
68-27 Family Code.
69-1 SECTION 69. Section 193.001, Health and Safety Code, is
69-2 amended by amending Subsections (b) and (c) and adding Subsection
69-3 (d) to read as follows:
69-4 (b) The social security number shall be recorded on the
69-5 death certificate and on any other records related to the death.
69-6 (c) The department shall require death certificates and
69-7 fetal death certificates to include the name of the place and the
69-8 specific number of the plot, crypt, lawn crypt, or niche in which a
69-9 decedent's remains will be interred or, if the remains will not be
69-10 interred, the place and manner of other disposition.
69-11 (d) [(c)] The bureau of vital statistics and each local
69-12 registrar shall make the information provided under Subsection (c)
69-13 [(b)] available to the public and may charge a fee in an amount
69-14 prescribed under Section 191.0045 for providing that service.
69-15 SECTION 70. Section 31.0032(a), Human Resources Code, is
69-16 amended to read as follows:
69-17 (a) Except as provided by Section 231.115, Family Code, as
69-18 added by Chapter 911, Acts of the 75th Legislature, Regular
69-19 Session, 1997, if [If] after an investigation the department or the
69-20 Title IV-D agency determines that a person is not complying with a
69-21 requirement of the responsibility agreement required under Section
69-22 31.0031, the department immediately shall apply appropriate
69-23 sanctions or penalties regarding the assistance provided to or for
69-24 that person under this chapter.
69-25 SECTION 71. Sections 31.0033(a) and (c), Human Resources
69-26 Code, are amended to read as follows:
69-27 (a) If the department or Title IV-D agency determines that
70-1 penalties and sanctions should be applied under Section 31.0032,
70-2 the person determined to have not complied or, if different, the
70-3 person receiving the financial assistance may request a hearing to
70-4 show good cause for noncompliance not later than the 13th day after
70-5 the date on which notice is received under Section 31.0032. On a
70-6 showing of good cause for noncompliance, sanctions may not be
70-7 imposed.
70-8 (c) If the department finds that good cause for
70-9 noncompliance was not shown at a hearing, the department shall
70-10 apply appropriate sanctions or penalties to or for that person
70-11 until the department, or the Title IV-D agency in a Title IV-D
70-12 case, determines that the person is in compliance with the terms of
70-13 the responsibility agreement.
70-14 SECTION 72. Section 411.127, Government Code, is amended to
70-15 read as follows:
70-16 Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
70-17 APPLICANTS FOR EMPLOYMENT. (a) The Title IV-D agency [attorney
70-18 general] is entitled to obtain from the Department of Public
70-19 Safety, the Federal Bureau of Investigation identification
70-20 division, or another law enforcement agency criminal history record
70-21 information maintained by the department or agency that relates to
70-22 a person who is an applicant for a position of employment with the
70-23 Title IV-D agency, or an applicant to serve as a consultant,
70-24 intern, or volunteer, [attorney general] that involves the
70-25 performance of duties under Chapter 231, Family Code. The Title
70-26 IV-D agency [attorney general] may not request the information
70-27 unless a supervisory employee of the agency [attorney general's
71-1 office] has recommended that the applicant be hired or serve as an
71-2 intern or volunteer.
71-3 (b) Criminal history record information obtained by the
71-4 Title IV-D agency [attorney general] under Subsection (a) may not
71-5 be released or disclosed to any person except on court order or
71-6 with the consent of the person who is the subject of the criminal
71-7 history record information.
71-8 (c) The Title IV-D agency [attorney general] shall destroy
71-9 criminal history record information that relates to a person after
71-10 the information is used for its authorized purpose.
71-11 (d) In this section, "Title IV-D agency" has the meaning
71-12 assigned by Section 101.033, Family Code.
71-13 SECTION 73. (a) The attorney general shall redesign and
71-14 improve the child support enforcement program.
71-15 (b) The involvement of the attorney general's office related
71-16 to the enforcement of child support is subject to review under
71-17 Chapter 325, Government Code (Texas Sunset Act), as if the attorney
71-18 general's involvement in matters relating to the enforcement of
71-19 child support were a state agency under that chapter. The Sunset
71-20 Advisory Commission may review only the attorney general's:
71-21 (1) implementation of child support enforcement
71-22 functions, including functions affected by legislation enacted by
71-23 the 76th Legislature, Regular Session, 1999; and
71-24 (2) redesign and improvement of the child support
71-25 enforcement program.
71-26 (c) In determining whether the attorney general has improved
71-27 the child support enforcement program, the Sunset Advisory
72-1 Commission shall analyze the degree to which the attorney general
72-2 has:
72-3 (1) improved all elements of the child support
72-4 program;
72-5 (2) resolved computer system implementation issues;
72-6 (3) complied with federal welfare reform mandates; and
72-7 (4) improved customer service and increased client
72-8 satisfaction.
72-9 (d) Not later than October 15, 2000, the attorney general's
72-10 child support enforcement division shall report to the standing
72-11 committees of the senate and house of representatives having
72-12 primary jurisdiction over child support issues and the Sunset
72-13 Advisory Commission regarding the significant improvements that
72-14 have been made in its performance and operation of the child
72-15 support enforcement program. The attorney general's child support
72-16 enforcement division shall collect information and report on the
72-17 criteria described by Subsection (c) of this section.
72-18 (e) The involvement of the attorney general's office in
72-19 matters related to child support enforcement is not abolished under
72-20 Chapter 325, Government Code (Texas Sunset Act).
72-21 (f) To the extent Chapter 325, Government Code (Texas Sunset
72-22 Act), imposes a duty on a state agency under review, the attorney
72-23 general's office shall perform the duty as it applies to the
72-24 attorney general's involvement in matters related to child support
72-25 enforcement.
72-26 (g) The Sunset Advisory Commission shall report its findings
72-27 as required under Section 325.010, Government Code, to the 77th
73-1 Legislature, Regular Session, 2001.
73-2 SECTION 74. (a) The attorney general's child support
73-3 enforcement division shall investigate the use of alternative
73-4 sources of revenue to operate the child support program. As part
73-5 of the investigation, the division shall perform a cost-benefit
73-6 analysis of charging fees, including a paternity establishment fee,
73-7 a service fee, and a fee charged for a check or money order not
73-8 paid because of insufficient funds. The cost-benefit analysis must
73-9 include analysis of:
73-10 (1) the cost of reprogramming the computer system to
73-11 handle the imposition and collection of fees in an efficient
73-12 manner;
73-13 (2) the estimated administrative cost of collecting
73-14 fees;
73-15 (3) the projected revenues from at least two fee
73-16 levels; and
73-17 (4) the impact of the alternative fee levels on demand
73-18 for Title IV-D services.
73-19 (b) The division shall report its findings under this
73-20 section not later than October 15, 2000, to the Sunset Advisory
73-21 Commission and the standing committees of the senate and house of
73-22 representatives having primary jurisdiction over child support
73-23 issues.
73-24 SECTION 75. Sections 158.505(c) and 160.002(c), Family Code,
73-25 and Sections 192.003(e), (f), and (g), Health and Safety Code, are
73-26 repealed.
73-27 SECTION 76. (a) This Act takes effect September 1, 1999.
74-1 (b) The interagency work group shall develop the interagency
74-2 partnership strategy required by Section 231.011, Family Code, as
74-3 added by this Act, not later than January 1, 2000.
74-4 (c) The county advisory work group shall complete the
74-5 state-county child support improvement plan required by Section
74-6 231.012, Family Code, as added by this Act, not later than January
74-7 1, 2000.
74-8 (d) The Title IV-D agency and the Texas Department of Human
74-9 Services shall update the memorandum of understanding adopted under
74-10 Section 231.305, Family Code, not later than January 1, 2000.
74-11 (e) The change in law made by this Act by the amendment of
74-12 Section 160.004, Family Code, and the addition of Section 233.0095,
74-13 Family Code, applies only to a suit affecting the parent-child
74-14 relationship providing for the determination of paternity that is
74-15 filed or a child support review that is commenced by the Title IV-D
74-16 agency on or after the effective date of this Act. A suit filed or
74-17 review commenced before the effective date of this Act is governed
74-18 by the law in effect on the date the suit was filed or the review
74-19 was commenced, and the former law is continued in effect for that
74-20 purpose.
74-21 SECTION 77. The importance of this legislation and the
74-22 crowded condition of the calendars in both houses create an
74-23 emergency and an imperative public necessity that the
74-24 constitutional rule requiring bills to be read on three several
74-25 days in each house be suspended, and this rule is hereby suspended.