By Harris S.B. No. 368
76R3356 MCK-D
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.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 160.004, Family Code, is amended to read
1-7 as follows:
1-8 Sec. 160.004. TEMPORARY ORDERS. The court may render a
1-9 temporary order authorized in a suit under this title, including an
1-10 order for temporary support of a child, if the person ordered to
1-11 pay support:
1-12 (1) is a presumed parent under Chapter 151;
1-13 (2) is an alleged father petitioning to have his
1-14 paternity adjudicated or who admits paternity in pleadings filed
1-15 with the court; [or]
1-16 (3) is found by the court at the pretrial conference
1-17 authorized by this chapter not to be excluded as the biological
1-18 father of the child, with the court finding that at least 99
1-19 percent of the male population is excluded from being the
1-20 biological father of the child;
1-21 (4) signed the birth certificate as the father of the
1-22 child; or
1-23 (5) executed a statement of paternity under Subchapter
1-24 C.
2-1 SECTION 2. Subchapter A, Chapter 231, Family Code, is
2-2 amended by amending Section 231.005 and adding Sections 231.011,
2-3 231.012, 231.013, and 231.014 to read as follows:
2-4 Sec. 231.005. BIENNIAL REPORT REQUIRED. (a) The Title IV-D
2-5 agency shall report to the legislature each biennium on:
2-6 (1) the effectiveness of the agency's child support
2-7 enforcement activity in reducing the state's public assistance
2-8 obligations;
2-9 (2) the use and effectiveness of all enforcement tools
2-10 authorized by state or federal law or otherwise available to the
2-11 agency; and
2-12 (3) the progress and impact of the Title IV-D agency's
2-13 efforts to use private contractors to perform Title IV-D program
2-14 functions.
2-15 (b) The agency shall develop a method for estimating the
2-16 costs and benefits of the child support enforcement program and the
2-17 effect of the program on appropriations for public assistance.
2-18 Sec. 231.011. INTERAGENCY WORK GROUP. (a) The Title IV-D
2-19 agency shall convene a standing work group to develop and maintain
2-20 an interagency partnership strategy. The director of the Title
2-21 IV-D agency shall lead the work group.
2-22 (b) The work group shall consist of representatives from the
2-23 Department of Protective and Regulatory Services, the Texas
2-24 Department of Human Services, the Texas Department of Health, the
2-25 Texas Workforce Commission, and the office of the comptroller. The
2-26 executive head of each agency shall appoint the agency's
2-27 representative. If the work group addresses an issue that is under
3-1 the authority of the Health and Human Services Commission, the work
3-2 group shall include a representative from that commission when
3-3 addressing that issue.
3-4 (c) The interagency partnership strategy shall:
3-5 (1) identify methods to improve the exchange of data
3-6 between the agencies represented in the work group;
3-7 (2) develop procedures to coordinate the child support
3-8 efforts of each agency in the work group;
3-9 (3) identify the benefits of contracts under which a
3-10 state agency provides child support services related to the
3-11 agency's core competency to the Title IV-D agency;
3-12 (4) identify ways to improve client intake and client
3-13 referral;
3-14 (5) develop methods to enhance foster care child
3-15 support collections;
3-16 (6) increase the recovery of Medicaid for the Title
3-17 IV-D agency and the Texas Department of Health; and
3-18 (7) examine the benefits of contracts under which the
3-19 comptroller or a private entity provides services regarding the
3-20 receipt and payment of child support.
3-21 (d) Each agency represented on the work group shall identify
3-22 specific child support services that are related to the agency's
3-23 areas of core competence and may be provided by the agency under a
3-24 contract. The state auditor and the State Council on Competitive
3-25 Government shall assist:
3-26 (1) the agencies in identifying the child support
3-27 services that are within the agency's core competency; and
4-1 (2) the work group in developing strategies to obtain
4-2 child support services from the agencies.
4-3 Sec. 231.012. COUNTY ADVISORY WORK GROUP. (a) The director
4-4 of the Title IV-D agency shall establish a county advisory work
4-5 group to assist the Title IV-D agency in developing and changing
4-6 child support programs that affect counties. The work group shall
4-7 consist of at least one of each of the following:
4-8 (1) county judge;
4-9 (2) county commissioner;
4-10 (3) district clerk;
4-11 (4) domestic relations officer;
4-12 (5) Title IV-D master; and
4-13 (6) district court judge.
4-14 (b) The director of the Title IV-D agency shall appoint the
4-15 members of the work group after consulting with the relevant
4-16 professional or trade associations of the professions that are
4-17 represented on the work group. The director of the Title IV-D
4-18 agency shall determine the number of members of the work group and
4-19 shall designate the presiding officer of the group.
4-20 (c) The work group shall:
4-21 (1) advise the director of the Title IV-D agency of
4-22 the impact on counties that a proposed child support program or a
4-23 change in a program may have;
4-24 (2) establish a state-county child support improvement
4-25 plan;
4-26 (3) advise the Title IV-D agency on the operation of
4-27 the state disbursement unit;
5-1 (4) plan for monetary incentives for county
5-2 partnership programs;
5-3 (5) expand the number of agreements with counties for
5-4 enforcement services; and
5-5 (6) work with relevant statewide associations on a
5-6 model partnership agreement.
5-7 (d) A member of the work group is not entitled to
5-8 compensation, a per diem, or the reimbursement of expenses for the
5-9 member's service on the work group.
5-10 (e) The Title IV-D agency shall provide administrative
5-11 support to the work group.
5-12 Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE. (a)
5-13 The Title IV-D agency shall create an information resources
5-14 steering committee to:
5-15 (1) oversee information resource project development
5-16 for the Title IV-D agency;
5-17 (2) make strategic prioritization recommendations;
5-18 (3) facilitate development of accurate information for
5-19 the director of the Title IV-D agency; and
5-20 (4) perform other functions as determined by the
5-21 director of the Title IV-D agency.
5-22 (b) The steering committee must include a senior management
5-23 executive representing each significant function of the Title IV-D
5-24 agency. The steering committee may include a person representing:
5-25 (1) counties; or
5-26 (2) a vendor contracting with the Title IV-D agency.
5-27 (c) The director of the Title IV-D agency shall appoint the
6-1 members of the steering committee after consulting with the
6-2 Department of Information Resources.
6-3 Sec. 231.014. PERSONNEL. The director of the Title IV-D
6-4 agency shall provide to the employees of the Title IV-D agency, as
6-5 often as necessary, information regarding the requirements for
6-6 employment under this title, including information regarding a
6-7 person's responsibilities under applicable laws relating to
6-8 standards of conduct for state employees.
6-9 SECTION 3. Subchapter B, Chapter 231, Family Code, is
6-10 amended by adding Sections 231.117 and 231.118 to read as follows:
6-11 Sec. 231.117. OMBUDSMAN PROGRAM. (a) The Title IV-D agency
6-12 shall establish an ombudsman program to process and track
6-13 complaints against the Title IV-D agency. The director of the
6-14 Title IV-D agency shall:
6-15 (1) designate an employee to serve as chief ombudsman
6-16 to manage the ombudsman program; and
6-17 (2) designate an employee in each field office to act
6-18 as the ombudsman for the office.
6-19 (b) The Title IV-D agency shall develop and implement a
6-20 uniform process for receiving and resolving complaints against the
6-21 Title IV-D agency throughout the state. The process shall include
6-22 statewide procedures to inform the public and recipients of Title
6-23 IV-D services of the right to file a complaint against the Title
6-24 IV-D agency, including the mailing addresses and telephone numbers
6-25 of appropriate Title IV-D agency personnel responsible for
6-26 receiving complaints and providing related assistance.
6-27 (c) The ombudsman in each field office shall ensure that an
7-1 employee in the field office responds to and attempts to resolve
7-2 each complaint that is filed with the field office. If a complaint
7-3 cannot be resolved at the field office level, the ombudsman in the
7-4 field office shall refer the complaint to the chief ombudsman.
7-5 (d) The Title IV-D agency shall maintain a file on each
7-6 written complaint filed with the Title IV-D agency. The file must
7-7 include:
7-8 (1) the name of the person who filed the complaint;
7-9 (2) the date the complaint is received by the Title
7-10 IV-D agency;
7-11 (3) the subject matter of the complaint;
7-12 (4) the name of each person contacted in relation to
7-13 the complaint;
7-14 (5) a summary of the results of the review or
7-15 investigation of the complaint; and
7-16 (6) an explanation of the reason the file was closed,
7-17 if the agency closed the file without taking action other than to
7-18 investigate the complaint.
7-19 (e) The Title IV-D agency, at least quarterly until final
7-20 disposition of the complaint, shall notify the person filing the
7-21 complaint and each person who is a subject of the complaint of the
7-22 status of the investigation of the complaint unless the notice
7-23 would jeopardize an undercover investigation.
7-24 (f) The Title IV-D agency shall provide to the person filing
7-25 the complaint and to each person who is a subject of the complaint
7-26 a copy of the Title IV-D agency's policies and procedures relating
7-27 to complaint investigation and resolution.
8-1 Sec. 231.118. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. The
8-2 Title IV-D agency shall maintain a toll-free telephone number at
8-3 which personnel are available during normal business hours to
8-4 answer questions from employers responsible for withholding child
8-5 support. The Title IV-D agency shall inform employers about the
8-6 toll-free telephone number.
8-7 SECTION 4. Section 231.305, Family Code, is amended to read
8-8 as follows:
8-9 Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
8-10 FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D
8-11 agency and the Texas Department of Human Services by rule shall
8-12 adopt a memorandum of understanding governing the establishment and
8-13 enforcement of court-ordered child support in cases involving
8-14 children who receive financial assistance under Chapter 31, Human
8-15 Resources Code. The memorandum shall require the agency and the
8-16 department to:
8-17 (1) develop procedures to ensure that the information
8-18 the department is required to collect to establish and enforce
8-19 child support:
8-20 (A) is collected from the person applying to
8-21 receive the financial assistance at the time the application is
8-22 filed;
8-23 (B) is accurate and complete when the department
8-24 forwards the information to the agency; [and]
8-25 (C) is not information previously reported to
8-26 the agency; and
8-27 (D) is forwarded to the agency in an expeditious
9-1 manner;
9-2 (2) develop procedures to ensure that the agency does
9-3 not duplicate the efforts of the department in gathering necessary
9-4 information;
9-5 (3) clarify each agency's responsibilities in the
9-6 establishment and enforcement of child support; [and]
9-7 (4) develop guidelines for use by eligibility workers
9-8 and child support enforcement officers in obtaining from an
9-9 applicant the information required to establish and enforce child
9-10 support for that child;
9-11 (5) develop a standard time, not to exceed 30 days,
9-12 for the department to respond to a request from the agency for
9-13 noncompliance sanctions; and
9-14 (6) prescribe:
9-15 (A) the time in which the department is required
9-16 to forward information under Subdivision (1)(D); and
9-17 (B) what constitutes complete information under
9-18 Subdivision (1)(B).
9-19 (b) The Title IV-D agency and the Texas Department of Human
9-20 Services [semiannually] shall review and renew or modify the
9-21 memorandum not later than January 1 of each even-numbered year [as
9-22 necessary].
9-23 SECTION 5. Section 233.005, Family Code, as redesignated by
9-24 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
9-25 is amended to read as follows:
9-26 Sec. 233.005. INITIATING ADMINISTRATIVE ACTIONS. An
9-27 administrative action under this chapter may be initiated by
10-1 issuing a notice of child support review under Section 233.006 or a
10-2 notice of proposed child support review order under Section 233.009
10-3 or 233.0095 to each party entitled to notice.
10-4 SECTION 6. Chapter 233, Family Code, as redesignated by
10-5 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
10-6 is amended by adding Section 233.0095 to read as follows:
10-7 Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER
10-8 IN CASES OF ACKNOWLEDGED PATERNITY. (a) If an individual has
10-9 signed the birth certificate as the father of the child or executed
10-10 a statement of paternity under Subchapter C, Chapter 160, the Title
10-11 IV-D agency may serve on the parties a notice of proposed child
10-12 support review order.
10-13 (b) The notice of proposed child support review order shall
10-14 state:
10-15 (1) the amount of periodic payment of child support
10-16 due;
10-17 (2) that the person identified in the notice as the
10-18 party responsible for payment of the support amounts may only
10-19 contest the amount of monthly support; and
10-20 (3) that, if the person identified in the notice as
10-21 the party responsible for payment of the support amounts does not
10-22 contest the notice in writing or request a negotiation conference
10-23 to discuss the notice not later than the 15th day after the date
10-24 the notice was delivered, the Title IV-D agency may file the child
10-25 support order for child support and for medical support for the
10-26 child as provided by Chapter 154 according to the information
10-27 available to the agency.
11-1 (c) The Title IV-D agency may schedule a negotiation
11-2 conference without a request from a party.
11-3 (d) The Title IV-D agency shall schedule a negotiation
11-4 conference on the timely request of a party.
11-5 (e) The Title IV-D agency may conduct a negotiation
11-6 conference, or any part of a negotiation conference, by telephone
11-7 conference call, by video conference, or in person and may adjourn
11-8 the conference for a reasonable time to permit mediation of issues
11-9 that cannot be resolved by the parties and the agency.
11-10 SECTION 7. (a) The attorney general shall redesign and
11-11 improve the child support enforcement program.
11-12 (b) The involvement of the attorney general's office related
11-13 to the enforcement of child support is subject to review under
11-14 Chapter 325, Government Code (Texas Sunset Act), as if the attorney
11-15 general's involvement in matters relating to the enforcement of
11-16 child support were a state agency under that chapter. The Sunset
11-17 Advisory Commission may review only the attorney general's:
11-18 (1) implementation of child support enforcement
11-19 functions, including functions affected by legislation enacted by
11-20 the 76th Legislature, Regular Session, 1999; and
11-21 (2) redesign and improvement of the child support
11-22 enforcement program.
11-23 (c) In determining whether the attorney general has improved
11-24 the child support enforcement program, the Sunset Advisory
11-25 Commission shall analyze the degree to which the attorney general
11-26 has:
11-27 (1) improved all elements of the child support
12-1 program;
12-2 (2) resolved computer system implementation issues;
12-3 (3) complied with federal welfare reform mandates; and
12-4 (4) improved customer service and increased client
12-5 satisfaction.
12-6 (d) Not later than October 15, 2000, the attorney general's
12-7 child support enforcement division shall report to the standing
12-8 committees of the senate and house of representatives having
12-9 primary jurisdiction over child support issues and the Sunset
12-10 Advisory Commission regarding the significant improvements that
12-11 have been made in its performance and operation of the child
12-12 support enforcement program. The attorney general's child support
12-13 enforcement division shall collect information and report on the
12-14 criteria described by Subsection (c) of this section.
12-15 (e) The involvement of the attorney general's office in
12-16 matters related to child support enforcement is not abolished under
12-17 Chapter 325, Government Code (Texas Sunset Act).
12-18 (f) To the extent Chapter 325, Government Code (Texas Sunset
12-19 Act), imposes a duty on a state agency under review, the attorney
12-20 general's office shall perform the duty as it applies to the
12-21 attorney general's involvement in matters related to child support
12-22 enforcement.
12-23 (g) The Sunset Advisory Commission shall report its findings
12-24 as required under Section 325.010, Government Code, to the 77th
12-25 Legislature, Regular Session, 2001.
12-26 SECTION 8. (a) The attorney general's child support
12-27 enforcement division shall investigate the use of alternative
13-1 sources of revenue to operate the child support program. As part
13-2 of the investigation, the division shall perform a cost-benefit
13-3 analysis of charging fees, including a paternity establishment fee,
13-4 a service fee, and a fee charged for a check or money order not
13-5 paid because of insufficient funds. The cost-benefit analysis must
13-6 include analysis of:
13-7 (1) the cost of reprogramming the computer system to
13-8 handle the imposition and collection of fees in an efficient
13-9 manner;
13-10 (2) the estimated administrative cost of collecting
13-11 fees;
13-12 (3) the projected revenues from at least two fee
13-13 levels; and
13-14 (4) the impact of the alternative fee levels on demand
13-15 for Title IV-D services.
13-16 (b) The division shall report its findings under this
13-17 section not later than October 15, 2000, to the Sunset Advisory
13-18 Commission and the standing committees of the senate and house of
13-19 representatives having primary jurisdiction over child support
13-20 issues.
13-21 SECTION 9. (a) This Act takes effect September 1, 1999.
13-22 (b) The interagency work group shall develop the interagency
13-23 partnership strategy required by Section 231.011, Family Code, as
13-24 added by this Act, not later than January 1, 2000.
13-25 (c) The county advisory work group shall complete the
13-26 state-county support improvement plan required by Section 231.012,
13-27 Family Code, as added by this Act, not later than January 1, 2000.
14-1 (d) The Title IV-D agency and the Texas Department of Human
14-2 Services shall update the memorandum of understanding adopted under
14-3 Section 231.305, Family Code, not later than January 1, 2000.
14-4 (e) The change in law made by this Act by the amendment of
14-5 Section 160.004, Family Code, and the addition of Section 233.0095,
14-6 Family Code, applies only to a suit affecting the parent-child
14-7 relationship providing for the determination of paternity that is
14-8 filed or a child support review that is commenced by the Title IV-D
14-9 agency on or after the effective date of this Act. A suit filed or
14-10 review commenced before the effective date of this Act is governed
14-11 by the law in effect on the date the suit was filed or the review
14-12 was commenced, and the former law is continued in effect for that
14-13 purpose.
14-14 SECTION 10. The importance of this legislation and the
14-15 crowded condition of the calendars in both houses create an
14-16 emergency and an imperative public necessity that the
14-17 constitutional rule requiring bills to be read on three several
14-18 days in each house be suspended, and this rule is hereby suspended.