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.