1-1 By: Harris S.B. No. 368
1-2 (In the Senate - Filed March 2, 1999; March 4, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 15, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 15, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 368 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to court-ordered child support, including the child
1-11 support enforcement functions of the office of the attorney general
1-12 and the sunset review of those functions and the implementation of
1-13 the child support enforcement provisions of the federal Personal
1-14 Responsibility and Work Opportunity Reconciliation Act of 1996;
1-15 providing civil and criminal penalties.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Chapter 101, Family Code, is amended by amending
1-18 Sections 101.021 and 101.024 and adding Sections 101.0021 and
1-19 101.0302 to read as follows:
1-20 Sec. 101.0021. BUREAU OF VITAL STATISTICS. "Bureau of vital
1-21 statistics" means the bureau of vital statistics of the Texas
1-22 Department of Health.
1-23 Sec. 101.021. OBLIGEE. "Obligee" means a person or entity
1-24 entitled to receive payments [under an order] of child support,
1-25 including an agency of this state or of another jurisdiction to
1-26 which a person has assigned the person's right to support.
1-27 Sec. 101.024. PARENT. "Parent" means the mother, a man
1-28 presumed to be the biological father, a man legally determined to
1-29 be the biological father, a man [or] who has been adjudicated to be
1-30 the biological father by a court of competent jurisdiction, or an
1-31 adoptive mother or father. The term does not include a parent as
1-32 to whom the parent-child relationship has been terminated.
1-33 Sec. 101.0302. STATE DISBURSEMENT UNIT. "State disbursement
1-34 unit" means the unit established and operated by the Title IV-D
1-35 agency under 42 U.S.C. Section 654b that has responsibility for
1-36 receiving, distributing, maintaining, and furnishing child support
1-37 payments and records on or after October 1, 1999.
1-38 SECTION 2. Section 102.009, Family Code, is amended by
1-39 amending Subsection (a), as amended by Chapters 561 and 599, Acts
1-40 of the 75th Legislature, Regular Session, 1997, and amending
1-41 Subsection (d) to read as follows:
1-42 (a) Except as provided by Subsection (b), the following are
1-43 entitled to service of citation on the filing of a petition in an
1-44 original suit:
1-45 (1) a managing conservator;
1-46 (2) a possessory conservator;
1-47 (3) a person having possession of or access to the
1-48 child under an order;
1-49 (4) a person required by law or by order to provide
1-50 for the support of the child;
1-51 (5) a guardian of the person of the child;
1-52 (6) a guardian of the estate of the child;
1-53 (7) each parent as to whom the parent-child
1-54 relationship has not been terminated or process has not been waived
1-55 under Chapter 161;
1-56 (8) an alleged father, unless there is attached to the
1-57 petition an affidavit of waiver of interest in a child executed by
1-58 the alleged father as provided by Chapter 161 or unless the
1-59 petitioner has complied with the provisions of Section
1-60 161.002(b)(2) or (b)(3);
1-61 (9) a man who has filed a notice of intent to claim
1-62 paternity as provided by Subchapter D, Chapter 160; [and]
1-63 (10) the Department of Protective and Regulatory
1-64 Services, if the petition requests that the department be appointed
2-1 as managing conservator of the child; and[.]
2-2 (11) [(10)] the Title IV-D agency [attorney general],
2-3 if the petition requests the termination of the parent-child
2-4 relationship and support rights have been assigned to the Title
2-5 IV-D agency [has filed with the court a notice of assignment] under
2-6 Chapter 231 [with respect to the support rights of the child].
2-7 (d) If the petition requests the establishment,
2-8 modification, or enforcement of a support right assigned to the
2-9 Title IV-D agency under Chapter 231 or the recision of a voluntary
2-10 acknowledgment of paternity under Chapter 160, notice shall be
2-11 given to the Title IV-D agency [attorney general] in a manner
2-12 provided by Rule 21a, Texas Rules of Civil Procedure.
2-13 SECTION 3. Subsection (b), Section 105.002, Family Code, is
2-14 amended to read as follows:
2-15 (b) A party may not demand a jury trial in:
2-16 (1) a suit in which adoption is sought, including a
2-17 trial on the issue of denial or revocation of consent to the
2-18 adoption by the managing conservator; or
2-19 (2) a suit to determine parentage under Chapter 160.
2-20 SECTION 4. Section 108.008, Family Code, is amended to read
2-21 as follows:
2-22 Sec. 108.008. FILING INFORMATION AFTER DETERMINATION OF
2-23 PATERNITY. (a) On a determination of paternity, the petitioner
2-24 shall provide the clerk of the court in which the order was
2-25 rendered the information necessary to prepare the report of
2-26 determination of paternity [declaration]. The clerk shall:
2-27 (1) prepare the report [declaration] on a form
2-28 provided by the Bureau of Vital Statistics; and
2-29 (2) complete the report [declaration] immediately
2-30 after the order becomes final.
2-31 (b) On completion of the report [Not later than the 10th day
2-32 of each month], the clerk of the court shall forward to the state
2-33 registrar a report [declaration] for each order that became final
2-34 in that court during the preceding month.
2-35 SECTION 5. Subsection (a), Section 151.002, Family Code, is
2-36 amended to read as follows:
2-37 (a) A man is presumed to be the biological father of a child
2-38 if:
2-39 (1) he and the child's biological mother are or have
2-40 been married to each other and the child is born during the
2-41 marriage or not more than 300 days after the date the marriage
2-42 terminated by death, annulment, or divorce or by having been
2-43 declared void;
2-44 (2) before the child's birth, he and the child's
2-45 biological mother attempted to marry each other by a marriage in
2-46 apparent compliance with law, although the attempted marriage is or
2-47 could be declared void, and the child is born during the attempted
2-48 marriage or not more than 300 days after the date the attempted
2-49 marriage terminated by death, annulment, or divorce or by having
2-50 been declared void; or
2-51 (3) after the child's birth, he and the child's
2-52 biological mother have married or attempted to marry each other by
2-53 a marriage in apparent compliance with law, although the attempted
2-54 marriage is or could be declared void or voided by annulment, and:
2-55 (A) he has filed a written acknowledgment of his
2-56 paternity of the child under Chapter 160;
2-57 (B) he consents in writing to be named and is
2-58 named as the child's father on the child's birth certificate; or
2-59 (C) he is obligated to support the child under a
2-60 written voluntary promise or by court order[;]
2-61 [(4) without attempting to marry the mother, he
2-62 consents in writing to be named as the child's father on the
2-63 child's birth certificate; or]
2-64 [(5) before the child reaches the age of majority, he
2-65 receives the child into his home and openly holds out the child as
2-66 his biological child].
2-67 SECTION 6. Section 154.001, Family Code, is amended by
2-68 adding Subsection (c) to read as follows:
2-69 (c) In a Title IV-D case, if neither parent has physical
3-1 possession or conservatorship of the child, the court may render an
3-2 order providing that a nonparent or agency having physical
3-3 possession may receive, hold, or disburse child support payments
3-4 for the benefit of the child.
3-5 SECTION 7. Sections 154.004 and 154.006, Family Code, are
3-6 amended to read as follows:
3-7 Sec. 154.004. PLACE OF PAYMENT. (a) The [Except as agreed
3-8 by the parties, the] court shall order the payment of child support
3-9 to [through] a local registry, [or through] the Title IV-D agency,
3-10 or the state disbursement unit.
3-11 (b) In a Title IV-D case, the court or the Title IV-D agency
3-12 shall order that income withheld for child support be paid:
3-13 (1) to the Title IV-D agency through a local registry,
3-14 which shall forward the payment to the Title IV-D agency; [or]
3-15 (2) [directly] to the Title IV-D agency; or
3-16 (3) to the state disbursement unit.
3-17 Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
3-18 otherwise agreed in writing or expressly provided in the order or
3-19 as provided by Subsection (b), the child support order terminates
3-20 on the marriage of the child, removal of the child's disabilities
3-21 for general purposes, or death of the child or a parent ordered to
3-22 pay child support.
3-23 (b) Unless a nonparent or agency has been appointed
3-24 conservator of the child under Chapter 153, the order for current
3-25 child support, and any provision relating to conservatorship,
3-26 possession, or access terminates on the marriage or remarriage of
3-27 the obligor and obligee to each other.
3-28 SECTION 8. Sections 154.242 and 154.243, Family Code, are
3-29 amended to read as follows:
3-30 Sec. 154.242. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
3-31 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
3-32 made by electronic funds transfer to:
3-33 (1) the Title IV-D agency; [or]
3-34 (2) a local registry if the registry agrees to accept
3-35 electronic payment; or
3-36 (3) the state disbursement unit.
3-37 (b) A local registry may transmit child support payments to
3-38 the Title IV-D agency by electronic funds transfer [if the Title
3-39 IV-D agency agrees to accept electronic payment]. Unless support
3-40 payments are required to be made to the state disbursement unit, an
3-41 [An] obligor may make payments, with the approval of the court
3-42 entering the order, directly to the bank account of the obligee by
3-43 electronic transfer and provide verification of the deposit to the
3-44 local registry. A local registry in a county that makes deposits
3-45 into personal bank accounts by electronic funds transfer as of
3-46 April 1, 1995, may transmit a child support payment to an obligee
3-47 by electronic funds transfer if the obligee maintains a bank
3-48 account and provides[. The obligee shall furnish to] the local
3-49 registry with the necessary bank account information to complete
3-50 electronic payment [if the Title IV-D agency agrees to accept
3-51 electronic payment].
3-52 Sec. 154.243. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
3-53 The Title IV-D agency, [or] a local registry, or the state
3-54 disbursement unit may comply with a subpoena or other order
3-55 directing the production of a child support payment record by
3-56 sending a certified copy of the record or an affidavit regarding
3-57 the payment record to the court that directed production of the
3-58 record.
3-59 SECTION 9. Subsections (a) and (b), Section 155.205, Family
3-60 Code, are amended to read as follows:
3-61 (a) On rendition of an order transferring continuing,
3-62 exclusive jurisdiction to another court, the transferring court
3-63 shall also order that all future payments of child support be made
3-64 to the local registry of the transferee court, the Title IV-D
3-65 agency, or the state disbursement unit.
3-66 (b) The transferring court's local registry, the Title IV-D
3-67 agency, or the state disbursement unit shall continue to receive,
3-68 record, and forward [disburse] child support payments to the payee
3-69 until it receives notice that the transferred case has been
4-1 docketed by the transferee court.
4-2 SECTION 10. Subchapter E, Chapter 156, Family Code, is
4-3 amended by adding Section 156.409 to read as follows:
4-4 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. If the sole
4-5 managing conservator of a child or the joint managing conservator
4-6 who designates the child's primary residence has voluntarily
4-7 relinquished the actual care, control, and possession of the child
4-8 for at least six months, the court may modify an order providing
4-9 for the support of the child to provide that the person having
4-10 physical possession of the child shall have the right to receive
4-11 and give receipt for payments of support for the child and to hold
4-12 or disburse money for the benefit of the child.
4-13 SECTION 11. Subsection (b), Section 157.005, Family Code, is
4-14 amended to read as follows:
4-15 (b) The court retains jurisdiction to confirm the total
4-16 amount of child support arrearages and render judgment for past-due
4-17 child support until the date that all current child support and
4-18 medical support and child support arrearages, including interest
4-19 and any applicable fees and costs, have been paid [if a motion for
4-20 enforcement requesting a money judgment is filed not later than the
4-21 fourth anniversary after the date:]
4-22 [(1) the child becomes an adult; or]
4-23 [(2) on which the child support obligation terminates
4-24 under the order or by operation of law].
4-25 SECTION 12. Section 157.102, Family Code, is amended to read
4-26 as follows:
4-27 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
4-28 Law enforcement officials shall treat the capias in the same manner
4-29 as an arrest warrant for a criminal offense and shall enter the
4-30 capias in the computer records for outstanding warrants maintained
4-31 by the local police, sheriff, and Department of Public Safety. The
4-32 capias shall [may] be forwarded to and disseminated by the Texas
4-33 Crime Information Center and the National Crime Information Center.
4-34 SECTION 13. Section 157.166, Family Code, is amended by
4-35 amending Subsection (b) and adding Subsection (c) to read as
4-36 follows:
4-37 (b) If the order imposes incarceration or a fine for
4-38 criminal contempt, an enforcement order must contain findings
4-39 identifying, setting out, or incorporating by reference the
4-40 provisions of the order for which enforcement was requested and the
4-41 date of each occasion when the respondent's failure [respondent
4-42 failed] to comply with the order was found to constitute criminal
4-43 contempt.
4-44 (c) If the enforcement order imposes incarceration for
4-45 civil contempt, the order must state the specific conditions on
4-46 which the respondent may be released from confinement.
4-47 SECTION 14. Section 157.167, Family Code, is amended by
4-48 adding Subsection (c) to read as follows:
4-49 (c) Fees and costs ordered under this section may be
4-50 enforced by any means available for the enforcement of child
4-51 support, including contempt.
4-52 SECTION 15. Section 157.269, Family Code, is amended to read
4-53 as follows:
4-54 Sec. 157.269. RETENTION OF JURISDICTION. A court that
4-55 renders an order providing for the payment of child support
4-56 arrearages retains jurisdiction until all current support and
4-57 medical support and child support arrearages, including interest
4-58 and any applicable fees and costs, have been paid [the arrearages
4-59 are paid in full as required by the court order].
4-60 SECTION 16. Subsection (a), Section 157.317, Family Code, is
4-61 amended to read as follows:
4-62 (a) A child support lien attaches to all real and personal
4-63 property not exempt under the Texas Constitution or other law,
4-64 including a depository account in a financial institution,
4-65 including a mutual fund money market account, or a retirement plan,
4-66 a claim for negligence, personal injury, or workers' compensation,
4-67 or an insurance award for the claim, owned by the obligor on or
4-68 after the date the lien notice or abstract of judgment is filed
4-69 with the county clerk of the county in which the property is
5-1 located, with the court clerk as to property or claims in
5-2 litigation, or, as to property of the obligor in the possession or
5-3 control of a third party, from the date the lien notice is filed
5-4 with that party.
5-5 SECTION 17. Subsection (a), Section 158.003, Family Code, is
5-6 amended to read as follows:
5-7 (a) In addition to income withheld for the current support
5-8 of a child, [the court shall order that] income shall be withheld
5-9 from the disposable earnings of the obligor to be applied toward
5-10 the liquidation of any child support arrearages, including accrued
5-11 interest as provided in Chapter 157.
5-12 SECTION 18. Sections 158.004 and 158.007, Family Code, are
5-13 amended to read as follows:
5-14 Sec. 158.004. WITHHOLDING FOR ARREARAGES WHEN NO CURRENT
5-15 SUPPORT IS DUE. If current support is no longer owed, the court or
5-16 the Title IV-D agency shall order that income be withheld for
5-17 arrearages, including accrued interest as provided in Chapter 157,
5-18 in an amount sufficient to discharge those arrearages in not more
5-19 than two years.
5-20 Sec. 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT;
5-21 UNREASONABLE HARDSHIP. If the court or the Title IV-D agency finds
5-22 that the schedule for discharging arrearages would cause the
5-23 obligor, the obligor's family, or children for whom support is due
5-24 from the obligor to suffer unreasonable hardship, the court or
5-25 agency may extend the payment period for a reasonable length of
5-26 time.
5-27 SECTION 19. Sections 158.102, 158.103, 158.104, and 158.105,
5-28 Family Code, are amended to read as follows:
5-29 Sec. 158.102. TIME LIMITATIONS. An order or writ for income
5-30 withholding under this chapter may be issued [The court retains
5-31 jurisdiction to render an order that provides for income to be
5-32 withheld from the disposable earnings of the obligor] until all
5-33 current support and child support arrearages, [including] interest,
5-34 and any applicable fees and costs, including ordered attorney fees
5-35 and court costs, have been paid.
5-36 Sec. 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING. An
5-37 order of withholding or writ of withholding issued under this
5-38 chapter must contain only the information that is necessary for an
5-39 employer or other entity to comply with the existing child support
5-40 order, including:
5-41 (1) the amount of current support and medical support;
5-42 (2) the amount of arrearages, accrued interest, and
5-43 ordered fees and costs;
5-44 (3) the amount of income to be withheld and remitted;
5-45 (4) the name of the payee; and
5-46 (5) the address to which payment is required to be
5-47 sent [shall state:]
5-48 [(1) the style, cause number, and court having
5-49 continuing jurisdiction of the suit;]
5-50 [(2) the name, address, and, if available, the social
5-51 security number of the obligor;]
5-52 [(3) the amount and duration of the child support
5-53 payments and medical support payments or other provisions for
5-54 medical support;]
5-55 [(4) the name, address, and, if available, the social
5-56 security numbers of the child and the obligee;]
5-57 [(5) the name and address of the person or agency to
5-58 whom the payments shall be made;]
5-59 [(6) that the obligor is required to notify the court
5-60 promptly of any change affecting the order; and]
5-61 [(7) that the ordered amount shall be paid to a local
5-62 registry or the Title IV-D agency].
5-63 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT
5-64 OF WITHHOLDING. A request for issuance of an order or judicial
5-65 writ of withholding may be filed with the clerk of the court by the
5-66 prosecuting attorney, the Title IV-D agency, the friend of the
5-67 court, a domestic relations office, the obligor, [or] the obligee,
5-68 or an attorney representing the obligee or obligor.
5-69 Sec. 158.105. ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL
6-1 WRIT OF WITHHOLDING. (a) On filing a request for issuance of an
6-2 order or judicial writ of withholding, the clerk of the court shall
6-3 cause a certified copy of the order or writ to be delivered to the
6-4 obligor's current employer or to any subsequent employer of the
6-5 obligor.
6-6 (b) [In order to inform the employer, the clerk shall attach
6-7 a copy of Subchapter C to the order or writ.]
6-8 [(c)] The clerk shall issue and mail the certified copy of
6-9 the order or judicial writ not later than the fourth working day
6-10 after the date the order is signed or the request is filed,
6-11 whichever is later.
6-12 (c) [(d)] An order or judicial writ of withholding shall be
6-13 delivered to the employer by certified or registered mail, return
6-14 receipt requested, electronic transmission, or by service of
6-15 citation to:
6-16 (1) the person authorized to receive service of
6-17 process for the employer in civil cases generally; or
6-18 (2) a person designated by the employer, by written
6-19 notice to the clerk, to receive orders or writs [notices] of
6-20 withholding.
6-21 SECTION 20. Subsection (a), Section 158.106, Family Code, is
6-22 amended to read as follows:
6-23 (a) The Title IV-D agency shall prescribe forms as
6-24 authorized by federal law in a standard format entitled order or
6-25 notice to withhold income for child support [for:]
6-26 [(1) an order of withholding that is sufficient if
6-27 rendered in substantially the prescribed manner;]
6-28 [(2) a notice of application for judicial writ of
6-29 withholding;]
6-30 [(3) a judicial writ of withholding as provided by
6-31 Subchapter D; and]
6-32 [(4) an administrative writ of withholding, including
6-33 forms and procedures for electronic issuance of the writ, as
6-34 provided by Subchapter F].
6-35 SECTION 21. Section 158.203, Family Code, is amended by
6-36 amending Subsection (b) and adding Subsections (c) and (d) to read
6-37 as follows:
6-38 (b) For payments made by electronic funds transfer or
6-39 electronic data interchange, the employer shall transmit the amount
6-40 withheld not later than the second business day after the pay date.
6-41 (c) The employer shall include with each payment
6-42 transmitted:
6-43 (1) the number assigned by the Title IV-D agency, if
6-44 available, and the county identification number, if available;
6-45 (2) [, or] the name of the county or the county's
6-46 federal information processing standard code;
6-47 (3) the cause number of the suit under which
6-48 withholding is required;
6-49 (4) [(2)] the payor's name; and
6-50 (5) [(3)] the payee's name, unless the payment is
6-51 transmitted by electronic funds transfer.
6-52 (d) In a case in which an obligor's income is subject to
6-53 withholding, the employer shall remit the payment of child support
6-54 directly to a local registry, the Title IV-D agency, or to the
6-55 state disbursement unit.
6-56 SECTION 22. Subsection (a), Section 158.210, Family Code, is
6-57 amended to read as follows:
6-58 (a) In addition to the civil remedies provided by this
6-59 subchapter or any other remedy provided by law, an employer who
6-60 knowingly violates the provisions of this chapter may be subject to
6-61 a fine not to exceed $200 for each occurrence in which the employer
6-62 fails to:
6-63 (1) withhold income for child support as instructed in
6-64 an order or writ issued under this chapter; or
6-65 (2) remit withheld income within the time required by
6-66 Section 158.203(b) to the payee identified in the order or writ or
6-67 to the state disbursement unit.
6-68 SECTION 23. Subchapter C, Chapter 158, Family Code, is
6-69 amended by amending Section 158.211 and adding Section 158.212 to
7-1 read as follows:
7-2 Sec. 158.211. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW
7-3 EMPLOYMENT. (a) If an obligor terminates employment with an
7-4 employer who has been withholding income, both the obligor and the
7-5 employer shall notify the court or the Title IV-D agency and the
7-6 obligee of that fact not later than the seventh day after the date
7-7 employment terminated and shall provide the obligor's last known
7-8 address and the name and address of the obligor's new employer, if
7-9 known.
7-10 (b) The obligor has a continuing duty to inform any
7-11 subsequent employer of the order or writ of withholding after
7-12 obtaining employment. Failure by the obligor to inform a
7-13 subsequent employer of the order or writ of withholding may be
7-14 punished as contempt.
7-15 Sec. 158.212. IMPROPER PAYMENT. An employer who remits a
7-16 payment to an incorrect office or person shall remit the payment to
7-17 the agency or person identified in the order of withholding not
7-18 later than the second business day after the date the employer
7-19 receives the returned payment.
7-20 SECTION 24. Subsection (b), Section 158.312, Family Code, is
7-21 amended to read as follows:
7-22 (b) The request for issuance may not be filed before the
7-23 11th day after the date of receipt of the notice of application for
7-24 judicial writ of withholding by the obligor.
7-25 SECTION 25. Sections 158.501 and 158.502, Family Code, are
7-26 amended to read as follows:
7-27 Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING
7-28 BY TITLE IV-D AGENCY. (a) The Title IV-D agency may initiate
7-29 income withholding by issuing an administrative writ of withholding
7-30 for the enforcement of an existing order as authorized by this
7-31 subchapter.
7-32 (b) The Title IV-D agency is the only entity that may issue
7-33 an administrative writ under this subchapter.
7-34 Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE
7-35 ISSUED. (a) An administrative writ of withholding under this
7-36 subchapter may be issued by the Title IV-D agency at any time until
7-37 all current support, including medical support, and child support
7-38 arrearages have been paid. The writ issued under this subsection
7-39 may be based on an obligation in more than one support order.
7-40 (b) The Title IV-D agency may issue an administrative writ
7-41 of withholding that directs an amount be withheld for an arrearage
7-42 or modifies the amount to be withheld for an arrearage.
7-43 (c) The Title IV-D agency may issue an administrative writ
7-44 of withholding as a reissuance of an existing withholding order on
7-45 file with the court of continuing jurisdiction. The administrative
7-46 writ under this subsection is not subject to the contest provisions
7-47 of Sections 158.505(a)(2) and 158.506.
7-48 SECTION 26. Subsections (a) and (b), Section 158.503, Family
7-49 Code, are amended to read as follows:
7-50 (a) An administrative writ of withholding issued under this
7-51 subchapter may be delivered to an obligor, obligee, and employer by
7-52 mail or by electronic transmission.
7-53 (b) Not later than the third business day after the date of
7-54 delivery of the administrative writ of withholding to an employer,
7-55 the Title IV-D agency shall file a copy of the writ, together with
7-56 a signed certificate of service, in the court of continuing
7-57 jurisdiction. The certificate of service may be signed
7-58 electronically.
7-59 SECTION 27. Subsection (b), Section 158.504, Family Code, is
7-60 amended to read as follows:
7-61 (b) An administrative writ of withholding issued under this
7-62 subchapter may contain only the information that is necessary for
7-63 the employer to comply with the existing support [withholding]
7-64 order, including the amount of current support and medical support,
7-65 the amount of arrearages, accrued interest, and the amount of
7-66 earnings to be withheld.
7-67 SECTION 28. Subsection (a), Section 158.505, Family Code, is
7-68 amended to read as follows:
7-69 (a) On issuance of an administrative writ of withholding,
8-1 the Title IV-D agency shall send the obligor:
8-2 (1) notice that the withholding has commenced;
8-3 (2) notice of the procedures to follow if the obligor
8-4 desires to contest withholding on the grounds that the identity of
8-5 the obligor or the existence or amount of arrearages is incorrect;
8-6 and
8-7 (3) a copy of the administrative writ, including the
8-8 information concerning income withholding provided [in the original
8-9 writ] to the employer.
8-10 SECTION 29. Subsection (a), Section 158.506, Family Code, is
8-11 amended to read as follows:
8-12 (a) An obligor receiving the notice under Section 158.505
8-13 [158.503] may request a review by the Title IV-D agency to resolve
8-14 any issue in dispute regarding the identity of the obligor or the
8-15 existence or amount of arrearages. The Title IV-D agency shall
8-16 provide an opportunity for a review, by telephonic conference or in
8-17 person, as may be appropriate under the circumstances.
8-18 SECTION 30. Section 160.001 and Section 160.004, Family
8-19 Code, are amended to read as follows:
8-20 Sec. 160.001. APPLICABILITY. This chapter governs a suit
8-21 affecting the parent-child relationship in which the parentage of
8-22 the biological mother or biological father is:
8-23 (1) sought to be adjudicated;
8-24 (2) voluntarily admitted by the putative father; or
8-25 (3) jointly acknowledged by the mother and putative
8-26 father.
8-27 Sec. 160.004. TEMPORARY ORDERS. The court may render a
8-28 temporary order authorized in a suit under this title, including an
8-29 order for temporary support of a child, if the person ordered to
8-30 pay support:
8-31 (1) is a presumed parent under Chapter 151;
8-32 (2) is an alleged father petitioning to have his
8-33 paternity adjudicated or who admits paternity in pleadings filed
8-34 with the court; [or]
8-35 (3) is found by the court at the pretrial conference
8-36 authorized by this chapter not to be excluded as the biological
8-37 father of the child, with the court finding that at least 99
8-38 percent of the male population is excluded from being the
8-39 biological father of the child; or
8-40 (4) executed a statement or acknowledgement of
8-41 paternity under Subchapter C.
8-42 SECTION 31. Subchapter C, Chapter 160, Family Code, is
8-43 amended to read as follows:
8-44 SUBCHAPTER C. ACKNOWLEDGMENT OR DENIAL OF [VOLUNTARY]
8-45 PATERNITY
8-46 Sec. 160.201. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The
8-47 mother of a child and a man claiming to be the father of the child
8-48 may execute an acknowledgment of paternity as provided by this
8-49 subchapter to establish the man's paternity [(a) If a statement of
8-50 paternity has been executed by a man claiming to be the biological
8-51 father of a child who has no presumed father, he, the mother of the
8-52 child, or the child through a representative authorized by the
8-53 court or a governmental entity may file a petition for an order
8-54 adjudicating him as a parent of the child. The statement of
8-55 paternity must be attached to or filed with the petition].
8-56 [(b) The court shall render an order adjudicating the child
8-57 to be the biological child of the child's father and the father to
8-58 be a parent of the child if the court finds that the statement of
8-59 paternity was executed as provided by this chapter, and the facts
8-60 stated are true.]
8-61 [(c) A suit for voluntary paternity may be joined with a
8-62 suit for termination under Chapter 161.]
8-63 Sec. 160.202. EXECUTION OF ACKNOWLEDGMENT [STATEMENT] OF
8-64 PATERNITY. (a) An acknowledgment of paternity must:
8-65 (1) be in writing;
8-66 (2) be signed by the mother and the putative father;
8-67 and
8-68 (3) state whether the child whose paternity is being
8-69 acknowledged has a presumed father under Section 151.002 [The
9-1 statement of paternity authorized to be used by this subchapter
9-2 must:]
9-3 [(1) be in writing;]
9-4 [(2) be signed by the man alleging himself to be the
9-5 father of the child;]
9-6 [(3) state whether the man alleging himself to be the
9-7 father is a minor; and]
9-8 [(4) clearly state that the man signing the statement
9-9 acknowledges the child as his biological child].
9-10 (b) If the mother declares in the acknowledgment that there
9-11 is a presumed father of the child, the acknowledgment must be
9-12 accompanied by a denial of paternity signed by the presumed father,
9-13 unless the presumed father is the man who has signed the
9-14 acknowledgement [The statement may include a waiver of citation in
9-15 a suit to establish the parent-child relationship and may include a
9-16 waiver of the right to notice of the proceedings.]
9-17 [(c) The statement must be executed before a person
9-18 authorized to administer oaths under the laws of this state.]
9-19 [(d) The statement may be signed before the birth of the
9-20 child.]
9-21 [(e) The statement must include the social security number
9-22 of the father].
9-23 Sec. 160.203. FILING ACKNOWLEDGMENT [EFFECT OF STATEMENT] OF
9-24 PATERNITY. (a) An acknowledgment of paternity executed under this
9-25 subchapter shall be filed with the bureau of vital statistics [A
9-26 statement of paternity executed as provided by this subchapter is
9-27 prima facie evidence that the child is the child of the person
9-28 executing the statement and that the person has an obligation to
9-29 support the child].
9-30 (b) The bureau of vital statistics may not charge a fee to
9-31 file the acknowledgment [If an alleged father's address is unknown
9-32 or he is outside the jurisdiction of the court at the time a suit
9-33 is instituted under this subchapter, his statement of paternity, in
9-34 the absence of controverting evidence, is sufficient for the court
9-35 to render an order establishing his paternity of the child].
9-36 Sec. 160.204. SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
9-37 PATERNITY [DISPUTED PARENTAGE]. (a) An acknowledgment of
9-38 paternity or a denial of paternity may contain the mother's
9-39 signature and the putative father's signature on separate
9-40 documents.
9-41 (b) An acknowledgment of paternity or a denial of paternity
9-42 may be signed before the birth of the child.
9-43 (c) An adult or a minor may sign an acknowledgment of
9-44 paternity or a denial of paternity [If the paternity of the child
9-45 is uncertain or is disputed by a party in a suit filed under this
9-46 subchapter, the provisions of Subchapter B apply].
9-47 Sec. 160.205. EFFECT OF ACKNOWLEDGMENT OF PATERNITY
9-48 [VALIDATION OF PRIOR STATEMENTS]. (a) A signed acknowledgment of
9-49 paternity filed with the bureau of vital statistics is a legal
9-50 finding of paternity of a child equivalent to a judicial
9-51 determination.
9-52 (b) If the mother or the man claiming to be the father
9-53 falsely denies the existence of a presumed father in an
9-54 acknowledgment of paternity, the acknowledgment of paternity is
9-55 voidable within the time to rescind under Section 160.206 [A
9-56 statement acknowledging paternity or an obligation to support a
9-57 child that was signed by the father before January 1, 1974, is
9-58 valid and binding even though the statement is not executed as
9-59 provided by this subchapter].
9-60 Sec. 160.206. SUIT TO RESCIND ACKNOWLEDGEMENT OR DENIAL.
9-61 (a) Subject to the requirements of Subsection (b), a person who
9-62 signs an acknowledgment of paternity or a denial of paternity may
9-63 file a suit affecting the parent-child relationship to rescind the
9-64 acknowledgment of paternity or denial of paternity.
9-65 (b) The petition to rescind an acknowledgment of paternity
9-66 or a denial of paternity must be filed not later than the earlier
9-67 of:
9-68 (1) the 61st day after the date the acknowledgment of
9-69 paternity or denial of paternity is filed with the bureau of vital
10-1 statistics; or
10-2 (2) the date of the first hearing before a tribunal to
10-3 determine an issue relating to the child in which the person is a
10-4 party, including a proceeding that establishes support.
10-5 (c) If a proceeding to rescind an acknowledgment of
10-6 paternity or a denial of paternity is filed jointly or agreed to by
10-7 all necessary parties, the court shall order the bureau of vital
10-8 statistics to amend the birth record of the child by removing the
10-9 father's name.
10-10 (d) If the proceeding to rescind is not agreed to by all
10-11 parties, the court shall conduct a hearing in the same manner as a
10-12 proceeding to determine parentage under this chapter.
10-13 Sec. 160.207. SUIT TO CONTEST ACKNOWLEDGEMENT OR DENIAL.
10-14 (a) A person who may contest a presumption of paternity under
10-15 Section 160.101 may contest an acknowledgment of paternity or a
10-16 denial of paternity by filing a suit affecting the parent-child
10-17 relationship. A suit to contest an acknowledgment of paternity or
10-18 a denial of paternity that is filed after the time period for a
10-19 suit to rescind under Section 160.206 may be filed only on the
10-20 basis of fraud, duress, or material mistake of fact. The party
10-21 challenging the acknowledgment of paternity or the denial of
10-22 paternity has the burden of proof.
10-23 (b) A suit to contest an acknowledgment of paternity or a
10-24 denial of paternity shall be conducted in the same manner as a
10-25 proceeding to determine parentage under this chapter.
10-26 (c) A person must bring suit to contest an acknowledgment of
10-27 paternity or a denial of paternity not later than the second
10-28 anniversary of the date the acknowledgment of paternity or the
10-29 denial of paternity is filed with the bureau of vital statistics.
10-30 Sec. 160.208. PROCEDURE FOR SUIT TO RESCIND OR CONTEST.
10-31 (a) Each person who signs an acknowledgment of paternity or a
10-32 denial of paternity must be made a party to a suit to rescind or
10-33 contest the acknowledgment of paternity or denial of paternity.
10-34 (b) Except for good cause shown, the court may not suspend
10-35 the legal responsibility of a person arising from the
10-36 acknowledgment of paternity, including the duty to pay child
10-37 support, while a suit is pending.
10-38 (c) On a determination of paternity or nonpaternity, the
10-39 court shall order the bureau of vital statistics to amend the birth
10-40 record of the child in accordance with the order of the court.
10-41 Sec. 160.209. COURT RATIFICATION BARRED. A court may not
10-42 ratify an unrescinded acknowledgment of paternity.
10-43 Sec. 160.210. FULL FAITH AND CREDIT. An acknowledgment of
10-44 paternity signed in another state shall be accorded full faith and
10-45 credit by the courts of this state if the acknowledgment is signed
10-46 in apparent compliance with the other state's law.
10-47 Sec. 160.211. VALIDATION OF EARLIER STATEMENT. A statement
10-48 admitting paternity or an obligation to support a child that was
10-49 signed before September 1, 1999, is valid and binding even though
10-50 the statement is not executed as provided by this subchapter.
10-51 Sec. 160.212. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF
10-52 PATERNITY. (a) The bureau of vital statistics shall prescribe
10-53 forms for an acknowledgment of paternity and a denial of paternity
10-54 to comply with this subchapter.
10-55 (b) The forms prescribed under this section must:
10-56 (1) contain information regarding the procedure to
10-57 rescind an acknowledgement or a denial;
10-58 (2) provide that the signatures on the forms are
10-59 witnessed and signed under penalty of perjury; and
10-60 (3) state whether the mother, the putative father, or
10-61 the presumed father is a minor.
10-62 (c) The form for acknowledgment of paternity must inform the
10-63 putative father that signing the acknowledgment of paternity with
10-64 the consent of the mother:
10-65 (1) creates the parent-child relationship between him
10-66 and the child;
10-67 (2) imposes upon him a legal duty to support the
10-68 child; and
10-69 (3) enables a court to grant him the right of custody
11-1 or visitation with the child.
11-2 (d) The form for denial of paternity must inform the man
11-3 that signing the denial of paternity with the consent of the
11-4 mother:
11-5 (1) legally determines his nonpaternity of the child;
11-6 (2) removes the legal duty that he support the child;
11-7 and
11-8 (3) terminates his right of custody or visitation with
11-9 the child.
11-10 Sec. 160.213. VALIDITY OF FORMS. The validity of an
11-11 acknowledgment of paternity or a denial of paternity is not
11-12 affected by a modification of the prescribed form by the bureau of
11-13 vital statistics that occurs after the acknowledgment of paternity
11-14 or denial of paternity is signed if the form met the requirements
11-15 of state law at the time it was signed.
11-16 Sec. 160.214. RELEASE OF INFORMATION. The bureau of vital
11-17 statistics shall release information relating to the acknowledgment
11-18 or denial of paternity and rescinding an acknowledgement or a
11-19 denial of paternity to the Title IV-D agency and any other person
11-20 authorized by law.
11-21 Sec. 160.215. ADOPTION OF RULES. The Title IV-D agency and
11-22 the bureau of vital statistics may adopt rules to implement this
11-23 subchapter.
11-24 Sec. 160.216. MEMORANDUM OF UNDERSTANDING. The Title IV-D
11-25 agency and the bureau of vital statistics shall adopt a memorandum
11-26 of understanding governing the collection and transfer of
11-27 information for the voluntary acknowledgment of paternity. The
11-28 Title IV-D agency and the bureau of vital statistics shall review
11-29 the memorandum semiannually and renew or modify the memorandum as
11-30 necessary.
11-31 SECTION 32. Subsection (d), Section 160.251, Family Code, is
11-32 amended to read as follows:
11-33 (d) A man is not required to register with the paternity
11-34 registry if he:
11-35 (1) is presumed to be the biological father of a child
11-36 under Chapter 151; [or]
11-37 (2) has been adjudicated to be the biological father
11-38 of a child by a court of competent jurisdiction; or
11-39 (3) has filed an acknowledgment of paternity under
11-40 Subchapter C.
11-41 SECTION 33. Subchapter D, Chapter 160, Family Code, is
11-42 amended by adding Section 160.2545 to read as follows:
11-43 Sec. 160.2545. INFORMATION REGARDING REGISTRY, BIRTH
11-44 RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF
11-45 VITAL STATISTICS. (a) On receipt of a request for a certificate
11-46 under Section 160.260 attesting to the results of a search of the
11-47 paternity registry, the bureau of vital statistics shall search:
11-48 (1) notices of intent to claim paternity filed with
11-49 the registry under this subchapter;
11-50 (2) birth records maintained by the bureau;
11-51 (3) acknowledgments of paternity filed with the bureau
11-52 under Subchapter C; and
11-53 (4) central file records identifying a court of
11-54 continuing jurisdiction and identifying the adjudicated father, if
11-55 any.
11-56 (b) The bureau shall furnish information resulting from a
11-57 search under Subsection (a) to the requestor.
11-58 SECTION 34. Subsection (b), Section 161.105, Family Code, is
11-59 amended to read as follows:
11-60 (b) The affidavit must:
11-61 (1) state that the mother is not and has not been
11-62 married to the alleged father of the child;
11-63 (2) state that the mother and alleged father have not
11-64 attempted to marry under the laws of this state or another state or
11-65 nation;
11-66 (3) state that paternity has not been established
11-67 under the laws of any state or nation; and
11-68 (4) contain one of the following, as applicable:
11-69 (A) the name and whereabouts of a man alleged to
12-1 be the father;
12-2 (B) the name of an alleged father and a
12-3 statement that the affiant does not know the whereabouts of the
12-4 father;
12-5 (C) a statement that an alleged father has
12-6 executed a statement or acknowledgment of paternity under Chapter
12-7 160 and an affidavit of relinquishment of parental rights under
12-8 this chapter and that both affidavits have been filed with the
12-9 court; or
12-10 (D) a statement that the name of an alleged
12-11 father is unknown.
12-12 SECTION 35. Subsection (b), Section 201.102, Family Code, is
12-13 amended to read as follows:
12-14 (b) Except as provided by this subchapter, the [following]
12-15 provisions of Subchapter A relating to an associate judge apply to
12-16 a master appointed under this subchapter[:]
12-17 [(1) the appearance of a party or witness before an
12-18 associate judge;]
12-19 [(2) the papers transmitted to the judge by the
12-20 associate judge;]
12-21 [(3) judicial action taken on an associate judge's
12-22 report;]
12-23 [(4) hearings before the judge;]
12-24 [(5) an appeal;]
12-25 [(6) the effect of the associate judge's report
12-26 pending an appeal;]
12-27 [(7) a jury trial;]
12-28 [(8) the attendance of a bailiff; and]
12-29 [(9) the presence of a court reporter].
12-30 SECTION 36. Section 201.104, Family Code, is amended by
12-31 amending the heading and adding Subsections (c) and (d) to read as
12-32 follows:
12-33 Sec. 201.104. [OTHER] POWERS AND DUTIES OF MASTER.
12-34 (c) A master may render and sign any order that is not a
12-35 final order on the merits of the case.
12-36 (d) A master may recommend to the referring court any order
12-37 after a trial on the merits.
12-38 SECTION 37. Subchapter B, Chapter 201, Family Code, is
12-39 amended by adding Sections 201.1041 and 201.1042 to read as
12-40 follows:
12-41 Sec. 201.1041. JUDICIAL ACTION ON MASTER'S REPORT. (a) If
12-42 an appeal to the referring court is not filed or the right to
12-43 appeal is waived, a recommendation of the master, other than a
12-44 recommendation of enforcement by contempt or a recommendation of
12-45 the immediate incarceration of a party, shall become an order of
12-46 the referring court by operation of law without ratification by the
12-47 referring court.
12-48 (b) A master's report that recommends enforcement by
12-49 contempt or the immediate incarceration of a party becomes an order
12-50 of the referring court only if the referring court signs an order
12-51 adopting the master's recommendation.
12-52 (c) The decisions and recommendations of the master other
12-53 than a recommendation subject to Subsection (b) have full force and
12-54 effect and are enforceable as an order of the referring court
12-55 during an appeal of the master's report to the referring court.
12-56 Sec. 201.1042. APPEAL TO REFERRING COURT. (a) Except as
12-57 provided in this section, Section 201.015 applies to an appeal of
12-58 the master's recommendations.
12-59 (b) The party appealing a master's recommendation shall file
12-60 notice with the referring court and the clerk of the court.
12-61 (c) A pretrial or temporary order rendered and signed by a
12-62 master may not be appealed.
12-63 (d) A respondent who timely files an appeal of a master's
12-64 report recommending incarceration after a finding of contempt shall
12-65 be brought before the referring court not later than the first
12-66 working day after the date of filing the appeal. The referring
12-67 court shall determine whether the respondent should be released on
12-68 bond or whether the respondent's appearance in court at a
12-69 designated time and place can be otherwise assured.
13-1 (e) If the respondent under Subsection (d) is released on
13-2 bond or other security, the referring court shall condition the
13-3 bond or other security on the respondent's promise to appear in
13-4 court for a hearing on the appeal at a designated date, time, and
13-5 place, and the referring court shall give the respondent notice of
13-6 the hearing in open court. No other notice to the respondent is
13-7 required.
13-8 (f) If the respondent under Subsection (d) is released
13-9 without posting bond or security, the court shall set a hearing on
13-10 the appeal at a designated date, time, and place and give the
13-11 respondent notice of the hearing in open court. No other notice to
13-12 the respondent is required.
13-13 (g) If the referring court is not satisfied that the
13-14 respondent's appearance in court can be assured and the respondent
13-15 remains incarcerated, a hearing on the appeal shall be held as soon
13-16 as practicable, but not later than the fifth day after the date the
13-17 respondent's notice of appeal was filed, unless the respondent and,
13-18 if represented, the respondent's attorney waive the accelerated
13-19 hearing.
13-20 SECTION 38. Subchapter B, Chapter 201, Family Code, is
13-21 amended by adding Section 201.1065 to read as follows:
13-22 Sec. 201.1065. SUPERVISION OF MASTERS. (a) Not later than
13-23 January 1, 2000, the office of court administration and the
13-24 presiding judges of the administrative judicial regions shall
13-25 report to the legislature a plan to improve the efficiency of the
13-26 masters appointed under this subchapter and the masters'
13-27 participation in the child support enforcement program in the
13-28 state.
13-29 (b) The plan must:
13-30 (1) establish meaningful personnel performance
13-31 standards and performance evaluations for the masters and other
13-32 personnel appointed under this subchapter;
13-33 (2) encourage or require uniform practices to the
13-34 extent possible;
13-35 (3) address training needs and resource requirements
13-36 of the masters;
13-37 (4) ensure accountability of the masters for complying
13-38 with applicable federal and state law; and
13-39 (5) include a uniform process for receiving, handling,
13-40 and resolving complaints about individual masters or the child
13-41 support masters program under this subchapter.
13-42 (c) The office of court administration shall assist the
13-43 presiding judges in monitoring the masters' compliance with job
13-44 performance standards and federal and state laws and policies.
13-45 SECTION 39. Subsection (b), Section 201.107, Family Code, is
13-46 amended to read as follows:
13-47 (b) The presiding judges of the administrative judicial
13-48 regions, state agencies, and counties may contract with the Title
13-49 IV-D agency for available federal funds under Title IV-D to
13-50 reimburse costs and salaries associated with masters and personnel
13-51 appointed under this subchapter [section] and may also use
13-52 available state funds and public or private grants.
13-53 SECTION 40. Section 201.111, Family Code, is amended by
13-54 amending the heading and Subsection (a) to read as follows:
13-55 Sec. 201.111. TIME TO ACT ON MASTER'S REPORT THAT INCLUDES
13-56 FINDING OF CONTEMPT. (a) Not [Except as provided by Subsection
13-57 (b), not] later than the 30th day after the date a master's report
13-58 recommending a finding of contempt is filed, the referring court
13-59 shall:
13-60 (1) adopt, approve, or reject the master's report;
13-61 (2) hear further evidence; or
13-62 (3) recommit the matter for further proceedings.
13-63 SECTION 41. Subsection (a), Section 203.007, Family Code, is
13-64 amended to read as follows:
13-65 (a) A domestic relations office may obtain the records
13-66 described by Subsections (b) and (c) that relate to a person who
13-67 has:
13-68 (1) been ordered to pay child support;
13-69 (2) been designated as a possessory conservator or
14-1 managing conservator of a child;
14-2 (3) been designated to be the father of a child; or
14-3 (4) executed a statement or acknowledgment of
14-4 paternity.
14-5 SECTION 42. Section 231.0011, Family Code, is amended to
14-6 read as follows:
14-7 Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM
14-8 FOR CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT. (a) The
14-9 [attorney general, as the] Title IV-D agency [for the State of
14-10 Texas] shall have final approval authority on any contract or
14-11 proposal for delivery of Title IV-D services under this section and
14-12 in coordination with the Texas Judicial Council, the Office of
14-13 Court Administration of the Texas Judicial System, the federal
14-14 Office of Child Support Enforcement, and state, county, and local
14-15 officials, shall develop and implement a statewide integrated
14-16 system for child support and medical support enforcement, employing
14-17 federal, state, local, and private resources to:
14-18 (1) unify child support registry functions;
14-19 (2) record and track all child support orders entered
14-20 in the state;
14-21 (3) establish an automated enforcement process which
14-22 will use delinquency monitoring, billing, and other enforcement
14-23 techniques to ensure the payment of current support;
14-24 (4) incorporate existing enforcement resources into
14-25 the system to obtain maximum benefit from state and federal
14-26 funding; and
14-27 (5) ensure accountability for all participants in the
14-28 process, including state, county, and local officials, private
14-29 contractors, and the judiciary.
14-30 (b) [The attorney general shall convene a work group to
14-31 determine a process and develop a timetable for implementation of a
14-32 unified registry system and to identify any barriers to completion
14-33 of the project. The work group shall include representatives of
14-34 the judiciary, district clerks, and domestic relations offices, as
14-35 well as other interested agencies, organizations, and individuals.
14-36 The work group shall report the results of its deliberations to the
14-37 governor, lieutenant governor, speaker of the house of
14-38 representatives, and attorney general on or before January 15,
14-39 1996.]
14-40 [(c) The attorney general shall, in cooperation with the
14-41 work group established by this section, develop technical standards
14-42 for participation in the unified child support system, including
14-43 standard required data elements for effective monitoring of child
14-44 support and medical support orders and for the imposition of
14-45 interest on delinquent child support.]
14-46 [(d)] Counties and other providers of child support services
14-47 shall be required, as a condition of participation in the unified
14-48 system, to enter into a contract with the Title IV-D agency
14-49 [attorney general], to comply with all federal requirements for the
14-50 Title IV-D program, and to maintain at least the current level of
14-51 funding for activities which are proposed to be included in the
14-52 integrated child support system.
14-53 (c) The Title IV-D agency [(e) The attorney general shall
14-54 identify federal requirements, apply for necessary federal waivers,
14-55 and provide technical system requirements and other information
14-56 concerning participation in the system to counties and other
14-57 providers of child support services not later than January 15,
14-58 1996. Counties shall notify the attorney general of existing
14-59 resources and options for participation not later than May 1, 1996.]
14-60 [(f) Not later than June 1, 1996, the attorney general shall
14-61 produce a procurement and implementation plan for hardware and
14-62 software necessary to implement in phases a unified statewide
14-63 registry and enforcement system.]
14-64 [(g) Effective January 15, 1996, the attorney general] may
14-65 contract with any county meeting technical system requirements
14-66 necessary to comply with federal law for provision of Title IV-D
14-67 services in that county. All new cases in which support orders are
14-68 entered in such county after the effective date of a monitoring
14-69 contract shall be Title IV-D cases. Any other case in the county,
15-1 subject to federal requirements and the agreement of the county and
15-2 the Title IV-D agency [attorney general], may be included as a
15-3 Title IV-D case. Any obligee under a support order may refuse
15-4 Title IV-D enforcement services unless required to accept such
15-5 services pursuant to other law.
15-6 (d) [(h)] Counties participating in the unified enforcement
15-7 system shall monitor all child support registry cases and on
15-8 delinquency may, subject to the approval of the Title IV-D agency,
15-9 provide enforcement services through:
15-10 (1) direct provision of services by county personnel;
15-11 (2) subcontracting all or portions of the services to
15-12 private entities or attorneys; or
15-13 (3) such other methods as may be approved by the Title
15-14 IV-D agency.
15-15 (e) [(i) The attorney general shall undertake a least-cost
15-16 review of its child support operations and shall use the
15-17 information developed in such review to determine what, if any,
15-18 contribution of program funds generated through other Title IV-D
15-19 activities should be made to the participating counties. The
15-20 attorney general, in cooperation with the counties and the federal
15-21 Office of Child Support Enforcement shall develop a cost allocation
15-22 methodology to assist the counties in identifying county
15-23 contributions which may qualify for federal financial
15-24 participation.]
15-25 [(j)] The Title IV-D agency [attorney general] may phase in
15-26 the integrated child support registry and enforcement system, and
15-27 the requirement to implement the system shall be contingent on the
15-28 receipt of locally generated funds and federal reimbursement.
15-29 Locally generated funds include but are not limited to funds
15-30 contributed by counties and cities.
15-31 (f) [(k)] The Title IV-D agency [attorney general] shall
15-32 adopt rules to implement this section.
15-33 (g) [(l)] Participation in the statewide integrated system
15-34 for child support and medical support enforcement by a county is
15-35 voluntary, and nothing in this section shall be construed to
15-36 mandate participation.
15-37 (h) [(m)] This section does not limit the ability of the
15-38 Title IV-D agency to enter into an agreement with a county for the
15-39 provision of services as authorized under Section 231.002.
15-40 SECTION 43. Subchapter A, Chapter 231, Family Code, is
15-41 amended by amending Section 231.002, as amended by Chapters 874 and
15-42 911, Acts of the 75th Legislature, Regular Session, 1997, and
15-43 Section 231.005 and adding Sections 231.011, 231.012, 231.013, and
15-44 231.014 to read as follows:
15-45 Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency
15-46 may:
15-47 (1) accept, transfer, and expend funds, subject to the
15-48 General Appropriations Act, made available by the federal or state
15-49 government or by another public or private source for the purpose
15-50 of carrying out this chapter;
15-51 (2) adopt rules for the provision of child support
15-52 services;
15-53 (3) initiate legal actions needed to implement this
15-54 chapter; and
15-55 (4) enter into contracts or agreements necessary to
15-56 administer this chapter.
15-57 (b) The Title IV-D agency may perform the duties and
15-58 functions necessary for locating children under agreements with the
15-59 federal government as provided by 42 U.S.C. Section 663.
15-60 (c) The Title IV-D agency may enter into agreements or
15-61 contracts with federal, state, or other public or private agencies
15-62 or individuals for the purpose of carrying out this chapter. The
15-63 agreements or contracts between the agency and other state agencies
15-64 or political subdivisions of the state are not subject to Chapter
15-65 771 or [Chapter] 783, Government Code.
15-66 (d) Consistent with federal law and any international treaty
15-67 or convention to which the United States is a party and that has
15-68 been ratified by the United States Congress, the Title IV-D agency
15-69 may:
16-1 (1) on approval by and in cooperation with the
16-2 governor, pursue negotiations and enter into reciprocal
16-3 arrangements with the federal government, another state, or a
16-4 foreign country or a political subdivision of the federal
16-5 government, state, or foreign country to:
16-6 (A) establish and enforce child support
16-7 obligations; and
16-8 (B) establish mechanisms to enforce an order
16-9 providing for possession of or access to a child rendered under
16-10 Chapter 153;
16-11 (2) spend money appropriated to the agency for child
16-12 support enforcement to engage in international child support
16-13 enforcement; and
16-14 (3) spend other money appropriated to the agency
16-15 necessary for the agency to conduct the agency's activities under
16-16 Subdivision (1).
16-17 (e) The Title IV-D agency may take the following
16-18 administrative actions with respect to the location of a parent,
16-19 the determination of parentage, and the establishment,
16-20 modification, and enforcement of child support and medical support
16-21 orders required by 42 U.S.C. Section 666(c), without obtaining an
16-22 order from any other judicial or administrative tribunal:
16-23 (1) issue an administrative subpoena, as provided by
16-24 Section 231.303, to obtain financial or other information;
16-25 (2) order genetic testing for parentage determination,
16-26 as provided by Chapter 233;
16-27 (3) order income withholding, as provided by Chapter
16-28 233, and issue an administrative writ of withholding, as provided
16-29 by Chapter 158; and
16-30 (4) take any action with respect to execution,
16-31 collection, and release of a judgment or lien for child support
16-32 necessary to satisfy the judgment or lien, as provided by Chapter
16-33 157.
16-34 (f) [(e)] The Title IV-D agency shall recognize and enforce
16-35 the authority of the Title IV-D agency of another state to take
16-36 actions similar to the actions listed in this section [Subsection
16-37 (d)].
16-38 (g) [(f)] The Title IV-D agency shall develop and use
16-39 procedures for the administrative enforcement of interstate cases
16-40 meeting the requirements of 42 U.S.C. Section 666(a)(14) under
16-41 which the agency:
16-42 (1) shall promptly respond [within five business days]
16-43 to a request made by another state for assistance in a Title IV-D
16-44 case; and
16-45 (2) may, by electronic or other means, transmit to
16-46 another state a request for assistance in a Title IV-D case.
16-47 Sec. 231.005. BIENNIAL REPORT REQUIRED. (a) The Title IV-D
16-48 agency shall report to the legislature each biennium on:
16-49 (1) the effectiveness of the agency's child support
16-50 enforcement activity in reducing the state's public assistance
16-51 obligations;
16-52 (2) the use and effectiveness of all enforcement tools
16-53 authorized by state or federal law or otherwise available to the
16-54 agency; and
16-55 (3) the progress and impact of the Title IV-D agency's
16-56 efforts to use private contractors to perform Title IV-D program
16-57 functions.
16-58 (b) The agency shall develop a method for estimating the
16-59 costs and benefits of the child support enforcement program and the
16-60 effect of the program on appropriations for public assistance.
16-61 Sec. 231.011. INTERAGENCY WORK GROUP. (a) The Title IV-D
16-62 agency shall convene a standing work group to develop and maintain
16-63 an interagency partnership strategy. The director of the Title
16-64 IV-D agency shall lead the work group.
16-65 (b) The work group shall consist of representatives from the
16-66 Department of Protective and Regulatory Services, the Texas
16-67 Department of Human Services, the Texas Department of Health, the
16-68 Texas Workforce Commission, and the office of the comptroller. The
16-69 executive head of each agency shall appoint the agency's
17-1 representative. If the work group addresses an issue that is under
17-2 the authority of the Health and Human Services Commission, the work
17-3 group shall include a representative from that commission when
17-4 addressing that issue.
17-5 (c) The interagency partnership strategy shall:
17-6 (1) identify methods to improve the exchange of data
17-7 between the agencies represented in the work group;
17-8 (2) develop procedures to coordinate the child support
17-9 efforts of each agency in the work group;
17-10 (3) identify the benefits of contracts under which a
17-11 state agency provides child support services related to the
17-12 agency's core competency to the Title IV-D agency;
17-13 (4) identify ways to improve client intake and client
17-14 referral;
17-15 (5) develop methods to enhance foster care child
17-16 support collections;
17-17 (6) increase the recovery of Medicaid for the Title
17-18 IV-D agency and the Texas Department of Health; and
17-19 (7) examine the benefits of contracts under which the
17-20 comptroller or a private entity provides services regarding the
17-21 receipt and payment of child support.
17-22 (d) Each agency represented on the work group shall identify
17-23 specific child support services that are related to the agency's
17-24 areas of core competence and may be provided by the agency under a
17-25 contract. The state auditor and the State Council on Competitive
17-26 Government shall assist:
17-27 (1) the agencies in identifying the child support
17-28 services that are within the agency's core competency; and
17-29 (2) the work group in developing strategies to obtain
17-30 child support services from the agencies.
17-31 Sec. 231.012. COUNTY ADVISORY WORK GROUP. (a) The director
17-32 of the Title IV-D agency shall establish a county advisory work
17-33 group to assist the Title IV-D agency in developing and changing
17-34 child support programs that affect counties. The work group shall
17-35 consist of at least one of each of the following:
17-36 (1) county judge;
17-37 (2) county commissioner;
17-38 (3) district clerk;
17-39 (4) domestic relations officer;
17-40 (5) Title IV-D master; and
17-41 (6) district court judge.
17-42 (b) The director of the Title IV-D agency shall appoint the
17-43 members of the work group after consulting with the relevant
17-44 professional or trade associations of the professions that are
17-45 represented on the work group. The director of the Title IV-D
17-46 agency shall determine the number of members of the work group and
17-47 shall designate the presiding officer of the group.
17-48 (c) The work group shall:
17-49 (1) advise the director of the Title IV-D agency of
17-50 the impact on counties that a proposed child support program or a
17-51 change in a program may have;
17-52 (2) establish a state-county child support improvement
17-53 plan;
17-54 (3) advise the Title IV-D agency on the operation of
17-55 the state disbursement unit;
17-56 (4) plan for monetary incentives for county
17-57 partnership programs;
17-58 (5) expand the number of agreements with counties for
17-59 enforcement services; and
17-60 (6) work with relevant statewide associations on a
17-61 model partnership agreement.
17-62 (d) A work group member or the member's designee may not
17-63 receive compensation but is entitled to reimbursement for actual
17-64 and necessary expenses incurred in performing the member's duties
17-65 under this section.
17-66 (e) The work group is not an advisory committee as defined
17-67 by Section 2110.001, Government Code. Chapter 2110, Government
17-68 Code, does not apply to the work group.
17-69 Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE.
18-1 (a) The Title IV-D agency shall create an information resources
18-2 steering committee to:
18-3 (1) oversee information resource project development
18-4 for the Title IV-D agency;
18-5 (2) make strategic prioritization recommendations;
18-6 (3) facilitate development of accurate information for
18-7 the director of the Title IV-D agency; and
18-8 (4) perform other functions as determined by the
18-9 director of the Title IV-D agency.
18-10 (b) The steering committee must include a senior management
18-11 executive representing each significant function of the Title IV-D
18-12 agency. The steering committee may include a person representing:
18-13 (1) counties; or
18-14 (2) a vendor contracting with the Title IV-D agency.
18-15 (c) The director of the Title IV-D agency shall appoint the
18-16 members of the steering committee after consulting with the
18-17 Department of Information Resources.
18-18 Sec. 231.014. PERSONNEL. The director of the Title IV-D
18-19 agency shall provide to the employees of the Title IV-D agency, as
18-20 often as necessary, information regarding the requirements for
18-21 employment under this title, including information regarding a
18-22 person's responsibilities under applicable laws relating to
18-23 standards of conduct for state employees.
18-24 SECTION 44. Subsection (b), Section 231.106, Family Code, is
18-25 amended to read as follows:
18-26 (b) The Title IV-D agency shall send a copy of the notice of
18-27 termination of assignment to the court ordering the support and to
18-28 the child support registry, and on receipt of the notice the clerk
18-29 of the court shall file the notice in the appropriate case file.
18-30 The clerk may not require an order of the court to terminate the
18-31 assignment and direct support payments to the person entitled to
18-32 receive the payment.
18-33 SECTION 45. Section 231.108, Family Code, is amended by
18-34 adding Subsection (f) to read as follows:
18-35 (f) The Title IV-D agency, by rule, may provide for the
18-36 release of information to persons for purposes not prohibited by
18-37 federal law.
18-38 SECTION 46. Subchapter B, Chapter 231, Family Code, is
18-39 amended by amending Section 231.112 and Section 231.115, as added
18-40 by Chapter 911, Acts of the 75th Legislature, Regular Session,
18-41 1997, renumbering and amending Section 231.115, as added by Chapter
18-42 165, Acts of the 75th Legislature, Regular Session, 1997, and
18-43 adding Sections 231.118, 231.119, and 231.120 to read as follows:
18-44 Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On
18-45 notification by the state registrar under Section 192.005(d),
18-46 Health and Safety Code, that the items relating to the child's
18-47 father are not completed on a birth certificate filed with the
18-48 state registrar, the Title IV-D agency may provide to:
18-49 (1) the child's mother and, if possible, the man
18-50 claiming to be the child's biological father written information
18-51 necessary for the man to complete a statement or acknowledgment of
18-52 paternity as provided by Chapter 160; and
18-53 (2) the child's mother written information:
18-54 (A) explaining the benefits of having the
18-55 child's paternity established; and
18-56 (B) regarding the availability of paternity
18-57 establishment and child support enforcement services.
18-58 Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC
18-59 ASSISTANCE. (a) The failure by a person who is a recipient of
18-60 public assistance under Chapter 31, Human Resources Code, to
18-61 provide accurate information as required by Section 31.0315, Human
18-62 Resources Code, shall serve as the basis for a determination by the
18-63 Title IV-D agency that the person did not cooperate with the Title
18-64 IV-D agency.
18-65 (b) The Title IV-D agency shall:
18-66 (1) identify [adopt rules establishing] the actions or
18-67 failures to act by a recipient of public assistance that constitute
18-68 noncooperation with the Title IV-D agency;
18-69 (2) adopt rules governing noncompliance; and
19-1 (3) send noncompliance determinations to the Texas
19-2 Department of Human Services for immediate imposition of sanctions.
19-3 (c) In adopting rules under this section that establish the
19-4 basis for determining that a person has failed to cooperate with
19-5 the Title IV-D agency, the Title IV-D agency shall consider
19-6 whether:
19-7 (1) good cause exists for the failure to cooperate;
19-8 (2) the person has failed to disclose the name and
19-9 location of an alleged or probable parent of the child, if known by
19-10 the person, at the time of applying for public assistance or at a
19-11 subsequent time; and
19-12 (3) the person named a man as the alleged father and
19-13 the man was subsequently excluded by parentage testing as being the
19-14 father if the person has previously named another man as the
19-15 child's father.
19-16 Sec. 231.117 [231.115]. UNEMPLOYED NONCUSTODIAL PARENTS.
19-17 (a) The Title IV-D agency shall refer to appropriate state and
19-18 local entities that assist unemployed noncustodial parents in
19-19 gaining employment any unemployed noncustodial parent who is in
19-20 arrears in court-ordered child support payments to a child who:
19-21 (1) receives financial assistance under Chapter 31,
19-22 Human Resources Code; or
19-23 (2) is otherwise eligible to receive financial
19-24 assistance under Chapter 31, Human Resources Code, and for whom the
19-25 Department of Protective and Regulatory Services is providing
19-26 substitute care.
19-27 (b) A referral under Subsection (a) may include:
19-28 (1) skills training and job placement through:
19-29 (A) the Texas Workforce Commission; or
19-30 (B) the agency responsible for the food stamp
19-31 employment and training program (7 U.S.C. Section 2015(d));
19-32 (2) referrals to education and literacy classes; and
19-33 (3) counseling regarding:
19-34 (A) substance abuse;
19-35 (B) parenting skills;
19-36 (C) life skills; and
19-37 (D) mediation techniques.
19-38 (c) The Title IV-D agency may require an unemployed
19-39 noncustodial parent to complete the training, classes, or
19-40 counseling the parent is referred to under this section. The
19-41 agency shall suspend under Chapter 232 the license of a parent who
19-42 fails to comply with the requirements of this subsection.
19-43 (d) A court or the Title IV-D agency may issue an order that
19-44 requires the parent to either work, have a plan to pay overdue
19-45 child support, or participate in work activities appropriate to pay
19-46 the overdue support.
19-47 Sec. 231.118. SERVICE OF CITATION. (a) The Title IV-D
19-48 agency may contract with private process servers to serve a
19-49 citation, a subpoena, an order, or any other document required or
19-50 appropriate under law to be served a party.
19-51 (b) For the purposes of Rule 103 of the Texas Rules of Civil
19-52 Procedure, a person that serves a citation or any other document
19-53 under this section is authorized to serve the document without a
19-54 written court order authorizing the service.
19-55 (c) Issuance and return of the process shall be made in
19-56 accordance with law and shall be verified by the person serving the
19-57 document.
19-58 Sec. 231.119. OMBUDSMAN PROGRAM. (a) The Title IV-D agency
19-59 shall establish an ombudsman program to process and track
19-60 complaints against the Title IV-D agency. The director of the
19-61 Title IV-D agency shall:
19-62 (1) designate an employee to serve as chief ombudsman
19-63 to manage the ombudsman program; and
19-64 (2) designate an employee in each field office to act
19-65 as the ombudsman for the office.
19-66 (b) The Title IV-D agency shall develop and implement a
19-67 uniform process for receiving and resolving complaints against the
19-68 Title IV-D agency throughout the state. The process shall include
19-69 statewide procedures to inform the public and recipients of Title
20-1 IV-D services of the right to file a complaint against the Title
20-2 IV-D agency, including the mailing addresses and telephone numbers
20-3 of appropriate Title IV-D agency personnel responsible for
20-4 receiving complaints and providing related assistance.
20-5 (c) The ombudsman in each field office shall ensure that an
20-6 employee in the field office responds to and attempts to resolve
20-7 each complaint that is filed with the field office. If a complaint
20-8 cannot be resolved at the field office level, the ombudsman in the
20-9 field office shall refer the complaint to the chief ombudsman.
20-10 (d) The Title IV-D agency shall maintain a file on each
20-11 written complaint filed with the Title IV-D agency. The file must
20-12 include:
20-13 (1) the name of the person who filed the complaint;
20-14 (2) the date the complaint is received by the Title
20-15 IV-D agency;
20-16 (3) the subject matter of the complaint;
20-17 (4) the name of each person contacted in relation to
20-18 the complaint;
20-19 (5) a summary of the results of the review or
20-20 investigation of the complaint; and
20-21 (6) an explanation of the reason the file was closed,
20-22 if the agency closed the file without taking action other than to
20-23 investigate the complaint.
20-24 (e) The Title IV-D agency, at least quarterly until final
20-25 disposition of the complaint, shall notify the person filing the
20-26 complaint and each person who is a subject of the complaint of the
20-27 status of the investigation of the complaint unless the notice
20-28 would jeopardize an undercover investigation.
20-29 (f) The Title IV-D agency shall provide to the person filing
20-30 the complaint and to each person who is a subject of the complaint
20-31 a copy of the Title IV-D agency's policies and procedures relating
20-32 to complaint investigation and resolution.
20-33 Sec. 231.120. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. The
20-34 Title IV-D agency shall maintain a toll-free telephone number at
20-35 which personnel are available during normal business hours to
20-36 answer questions from employers responsible for withholding child
20-37 support. The Title IV-D agency shall inform employers about the
20-38 toll-free telephone number.
20-39 SECTION 47. Section 231.204, Family Code, is amended to read
20-40 as follows:
20-41 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except
20-42 as provided by this subchapter, an appellate court, a clerk of an
20-43 appellate court, a district or county clerk, sheriff, constable, or
20-44 other government officer or employee may not charge the Title IV-D
20-45 agency or a private attorney or political subdivision that has
20-46 entered into a contract to provide Title IV-D services any fees or
20-47 other amounts otherwise imposed by law for services rendered in, or
20-48 in connection with, a Title IV-D case, including:
20-49 (1) a fee payable to a district clerk for:
20-50 (A) performing services related to the estates
20-51 of deceased persons or minors;
20-52 (B) certifying copies; or
20-53 (C) comparing copies to originals;
20-54 (2) a court reporter fee, except as provided by
20-55 Section 231.209;
20-56 (3) a judicial fund fee;
20-57 (4) a fee for a child support registry, enforcement
20-58 office, or domestic relations office; and
20-59 (5) a fee for alternative dispute resolution services.
20-60 SECTION 48. Section 231.301, Family Code, is amended to read
20-61 as follows:
20-62 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. (a) The
20-63 parent locator service conducted by the Title IV-D agency shall be
20-64 used to obtain information for:
20-65 (1) child support establishment and enforcement
20-66 purposes regarding the identity, social security number, location,
20-67 employer and employment benefits, income, and assets or debts of
20-68 any individual under an obligation to pay child or medical support
20-69 or to whom a support obligation is owed; or
21-1 (2) the establishment of paternity.
21-2 (b) As authorized by federal law, the following persons may
21-3 receive information under this section:
21-4 (1) a person or entity that contracts with the Title
21-5 IV-D agency to provide services authorized under Title IV-D or an
21-6 employee of the Title IV-D agency;
21-7 (2) an attorney who has the duty or authority, by law,
21-8 to enforce an order for possession of or access to a child;
21-9 (3) a court, or an agent of the court, having
21-10 jurisdiction to render or enforce an order for possession of or
21-11 access to a child;
21-12 (4) the resident parent, legal guardian, attorney, or
21-13 agent of a child who is not receiving public assistance; and
21-14 (5) a state agency that administers a program operated
21-15 under a state plan as provided by 42 U.S.C. Section 653(c).
21-16 SECTION 49. Section 231.305, Family Code, is amended to read
21-17 as follows:
21-18 Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT
21-19 FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D
21-20 agency and the Texas Department of Human Services by rule shall
21-21 adopt a memorandum of understanding governing the establishment and
21-22 enforcement of court-ordered child support in cases involving
21-23 children who receive financial assistance under Chapter 31, Human
21-24 Resources Code. The memorandum shall require the agency and the
21-25 department to:
21-26 (1) develop procedures to ensure that the information
21-27 the department is required to collect to establish and enforce
21-28 child support:
21-29 (A) is collected from the person applying to
21-30 receive the financial assistance at the time the application is
21-31 filed;
21-32 (B) is accurate and complete when the department
21-33 forwards the information to the agency; [and]
21-34 (C) is not information previously reported to
21-35 the agency; and
21-36 (D) is forwarded to the agency in an expeditious
21-37 manner;
21-38 (2) develop procedures to ensure that the agency does
21-39 not duplicate the efforts of the department in gathering necessary
21-40 information;
21-41 (3) clarify each agency's responsibilities in the
21-42 establishment and enforcement of child support; [and]
21-43 (4) develop guidelines for use by eligibility workers
21-44 and child support enforcement officers in obtaining from an
21-45 applicant the information required to establish and enforce child
21-46 support for that child;
21-47 (5) develop training programs for appropriate
21-48 department personnel to enhance the collection of information for
21-49 child support enforcement;
21-50 (6) develop a standard time, not to exceed 30 days,
21-51 for the department to initiate a sanction on request from the
21-52 agency;
21-53 (7) develop procedures for agency participation in
21-54 department appeal hearings relating to noncompliance sanctions;
21-55 (8) develop performance measures regarding the
21-56 timeliness and the number of sanctions resulting from agency
21-57 requests for noncompliance sanctions; and
21-58 (9) prescribe:
21-59 (A) the time in which the department is required
21-60 to forward information under Subdivision (1)(D); and
21-61 (B) what constitutes complete information under
21-62 Subdivision (1)(B).
21-63 (b) The Title IV-D agency and the Texas Department of Human
21-64 Services [semiannually] shall review and renew or modify the
21-65 memorandum not later than January 1 of each even-numbered year [as
21-66 necessary].
21-67 SECTION 50. Subsection (b), Section 232.004, Family Code, is
21-68 amended to read as follows:
21-69 (b) In a Title IV-D case, the petition shall be filed with
22-1 the Title IV-D agency, the court of continuing jurisdiction, or the
22-2 tribunal in which a child support order has been registered under
22-3 Chapter 159. The tribunal in which the petition is filed obtains
22-4 jurisdiction over the matter.
22-5 SECTION 51. Subsection (b), Section 233.001, Family Code, as
22-6 added by Chapter 420, Acts of the 75th Legislature, Regular
22-7 Session, 1997, is amended to read as follows:
22-8 (b) The state case registry shall provide to a custodial
22-9 parent under Subsection (a) who makes a request for information or,
22-10 to the extent provided by federal law, to an attorney, friend of
22-11 the court, guardian ad litem, or domestic relations office
22-12 designated by the parent any information in the registry required
22-13 by 42 U.S.C. Section 654a(e) concerning the parent's case[,
22-14 including:]
22-15 [(1) the noncustodial parent's address, social
22-16 security number, and employer's name and address;]
22-17 [(2) the amount and location of real and personal
22-18 property owned by the noncustodial parent;]
22-19 [(3) the name and address of financial institutions in
22-20 which the noncustodial parent has an account and each account
22-21 number; and]
22-22 [(4) any other information the disclosure of which is
22-23 not specifically prohibited by federal law].
22-24 SECTION 52. Section 233.005, Family Code, as redesignated by
22-25 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
22-26 is amended to read as follows:
22-27 Sec. 233.005. INITIATING ADMINISTRATIVE ACTIONS. An
22-28 administrative action under this chapter may be initiated by
22-29 issuing a notice of child support review under Section 233.006 or a
22-30 notice of proposed child support review order under Section 233.009
22-31 or 233.0095 to each party entitled to notice.
22-32 SECTION 53. Chapter 233, Family Code, as redesignated by
22-33 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
22-34 is amended by adding Section 233.0095 to read as follows:
22-35 Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER
22-36 IN CASES OF ACKNOWLEDGED PATERNITY. (a) If an individual has
22-37 signed the acknowledgment of paternity as the father of the child
22-38 or executed a statement of paternity, the Title IV-D agency may
22-39 serve on the parties a notice of proposed child support review
22-40 order.
22-41 (b) The notice of proposed child support review order shall
22-42 state:
22-43 (1) the amount of periodic payment of child support
22-44 due;
22-45 (2) that the person identified in the notice as the
22-46 party responsible for payment of the support amounts may only
22-47 contest the amount of monthly support; and
22-48 (3) that, if the person identified in the notice as
22-49 the party responsible for payment of the support amounts does not
22-50 contest the notice in writing or request a negotiation conference
22-51 to discuss the notice not later than the 15th day after the date
22-52 the notice was delivered, the Title IV-D agency may file the child
22-53 support order for child support and for medical support for the
22-54 child as provided by Chapter 154 according to the information
22-55 available to the agency.
22-56 (c) The Title IV-D agency may schedule a negotiation
22-57 conference without a request from a party.
22-58 (d) The Title IV-D agency shall schedule a negotiation
22-59 conference on the timely request of a party.
22-60 (e) The Title IV-D agency may conduct a negotiation
22-61 conference, or any part of a negotiation conference, by telephone
22-62 conference call, by video conference, or in person and may adjourn
22-63 the conference for a reasonable time to permit mediation of issues
22-64 that cannot be resolved by the parties and the agency.
22-65 SECTION 54. Subsection (c), Section 233.019, Family Code, as
22-66 redesignated and amended by Chapter 911, Acts of the 75th
22-67 Legislature, Regular Session, 1997, is amended to read as follows:
22-68 (c) If applicable, a statement or acknowledgment of
22-69 paternity or a written report of a parentage testing expert and any
23-1 documentary evidence relied upon by the agency shall be filed with
23-2 the agreed review order as an exhibit to the order.
23-3 SECTION 55. Subsection (b), Section 233.020, Family Code, as
23-4 redesignated and amended by Chapter 911, Acts of the 75th
23-5 Legislature, Regular Session, 1997, is amended to read as follows:
23-6 (b) Documentary evidence relied on by the Title IV-D agency,
23-7 including, if applicable, a statement or acknowledgment of
23-8 paternity or a written report of a parentage testing expert, shall
23-9 be filed with the clerk as exhibits to the petition, but are not
23-10 required to be served on the parties. The petition must identify
23-11 the exhibits that are filed with the clerk.
23-12 SECTION 56. Subchapter A, Chapter 234, Family Code, as added
23-13 by Chapter 911, Acts of the 75th Legislature, Regular Session,
23-14 1997, is amended by amending Sections 234.001, 234.002, and 234.003
23-15 and adding Sections 234.006, 234.007, and 234.008 to read as
23-16 follows:
23-17 Sec. 234.001. ESTABLISHMENT AND OPERATION OF STATE CASE
23-18 [UNIFIED] REGISTRY AND STATE DISBURSEMENT UNIT. (a) The Title
23-19 IV-D agency shall establish and operate a [unified] state case
23-20 registry and state disbursement unit meeting the requirements of 42
23-21 U.S.C. Sections 654a(e) and 654b.
23-22 (b) The state case registry [and unit] shall[:]
23-23 [(1)] maintain records of child support orders in
23-24 Title IV-D cases and in other cases in which a child support order
23-25 has been established or modified in this state on or after October
23-26 1, 1998.[;]
23-27 (c) The state disbursement unit shall:
23-28 (1) [(2)] receive, maintain, and furnish records of
23-29 child support payments in Title IV-D cases and other cases as
23-30 required by law;
23-31 (2) forward [(3) in a Title IV-D case, monitor
23-32 support payments and initiate appropriate enforcement actions
23-33 immediately on the occurrence of a delinquency in payment;]
23-34 [(4) distribute] child support payments as required by
23-35 law; and
23-36 (3) [(5)] maintain [custody of official] child support
23-37 payment records made through the state [in the registry and]
23-38 disbursement unit.
23-39 Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND
23-40 MEDICAL SUPPORT ENFORCEMENT. The statewide integrated system for
23-41 child support and medical support enforcement under Chapter 231
23-42 shall be part of the [unified] state case registry and state
23-43 disbursement unit authorized by this subchapter.
23-44 Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. (a) The
23-45 Title IV-D agency shall convene a work group to develop procedures
23-46 for the establishment and operation of the [unified] state case
23-47 registry and state disbursement unit. The work group shall consist
23-48 of representatives of the judiciary, district clerks, domestic
23-49 relations offices, and the bureau of vital statistics, as well as
23-50 other county and state agencies, and other appropriate entities,
23-51 identified by the Title IV-D agency. To the extent possible, the
23-52 work group shall consolidate the reporting of information relating
23-53 to court orders required of clerks of courts under this title.
23-54 (b) The work group shall meet at least quarterly [Title IV-D
23-55 agency shall, in cooperation with the work group established under
23-56 this section, adopt rules and prescribe forms to implement this
23-57 subchapter].
23-58 (c) A work group member or the member's designee may not
23-59 receive compensation but is entitled to reimbursement for actual
23-60 and necessary expenses incurred in performing the member's duties
23-61 under this section.
23-62 (d) The work group is not an advisory committee as defined
23-63 by Section 2110.001, Government Code. Chapter 2110, Government
23-64 Code, does not apply to the work group.
23-65 (e) This section expires December 31, 2000.
23-66 Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. The Title IV-D
23-67 agency shall, in cooperation with the work group established under
23-68 Section 234.003, adopt rules, in compliance with federal law, that
23-69 establish the definitions for, and the date of and the procedures
24-1 for operation of, the state case registry and the state
24-2 disbursement unit.
24-3 Sec. 234.007. NOTICE OF PLACE OF PAYMENT. (a) The Title
24-4 IV-D agency shall notify the courts that the state disbursement
24-5 unit has been established. After receiving notice of the
24-6 establishment of the state disbursement unit, a court that orders
24-7 income to be withheld for child support shall order that all income
24-8 withheld for child support be paid to the state disbursement unit.
24-9 (b) In order to redirect payments from a local registry to
24-10 the state disbursement unit after the date of the establishment of
24-11 the state disbursement unit, the Title IV-D agency shall issue a
24-12 notice of place of payment informing the obligor, obligee, and
24-13 employer that income withheld for child support is to be paid to
24-14 the state disbursement unit.
24-15 (c) A copy of the notice under Subsection (b) shall be filed
24-16 with the court of continuing jurisdiction and with the local child
24-17 support registry.
24-18 (d) The notice under Subsection (b) must include:
24-19 (1) the name of the child for whom support is ordered
24-20 and of the person to whom support is ordered by the court to be
24-21 paid;
24-22 (2) the style and cause number of the case in which
24-23 support is ordered; and
24-24 (3) instructions for the payment of ordered support to
24-25 the state disbursement unit.
24-26 (e) On receipt of a copy of the notice under Subsection (b),
24-27 the clerk of the court shall file the notice in the appropriate
24-28 case file.
24-29 Sec. 234.008. DISTRIBUTION AND RETURN OF PAYMENTS. (a) Not
24-30 later than the second business day after the date the state
24-31 disbursement unit receives a child support payment, the state
24-32 disbursement unit shall distribute the payment to the Title IV-D
24-33 agency or the obligee.
24-34 (b) Not later than the fifth business day after the date the
24-35 state disbursement unit receives a child support payment, the state
24-36 disbursement unit shall return the payment to the person who
24-37 remitted the payment if the state disbursement unit:
24-38 (1) does not process child support payments for the
24-39 case for which the payment is made; or
24-40 (2) has insufficient information identifying the payee
24-41 for whom the payment is made.
24-42 SECTION 57. Subtitle D, Title 5, Family Code, is amended by
24-43 adding Chapter 237 to read as follows:
24-44 CHAPTER 237. REGISTRATION OF PRIVATE CHILD
24-45 SUPPORT COLLECTION ENTITIES
24-46 SUBCHAPTER A. GENERAL PROVISIONS
24-47 Sec. 237.001. DEFINITIONS. In this chapter:
24-48 (1) "Child support investigator" means a person
24-49 directly charged with collecting child support or enforcing child
24-50 support obligations through collection activities or who is
24-51 responsible for receiving and processing payments of child support
24-52 received by a collection entity.
24-53 (2) "Collection entity" means a private business
24-54 entity that serves as a child support collection agency by
24-55 collecting or enforcing child support for a fee or consideration.
24-56 The term does not include:
24-57 (A) the Title IV-D agency;
24-58 (B) a local registry;
24-59 (C) a county domestic relations office or entity
24-60 with similar duties operated by a unit of county government;
24-61 (D) a local juvenile or adult probation office;
24-62 (E) a contractor awarded a contract under
24-63 Chapter 234, as added by Chapter 420, Acts of the 75th Legislature,
24-64 Regular Session, 1997; or
24-65 (F) an attorney licensed in this state who
24-66 individually contracts to provide legal services to a child support
24-67 obligee, if the attorney is not employed by a collection entity and
24-68 a collection entity does not share in any recovery made by the
24-69 attorney on behalf of the obligee.
25-1 (3) "Registered location" means a business location
25-2 for which a collection entity's certificate of registration is
25-3 issued under this chapter.
25-4 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
25-5 Sec. 237.051. TITLE IV-D AGENCY. The Title IV-D agency is
25-6 responsible for the registration of collection entities as provided
25-7 by this chapter. The Title IV-D agency shall enforce this chapter
25-8 and the rules adopted by the Title IV-D agency under this chapter.
25-9 Sec. 237.052. FEES. (a) The Title IV-D agency shall
25-10 require payment of a nonrefundable:
25-11 (1) application fee by an applicant for a certificate
25-12 of registration; and
25-13 (2) renewal fee by a certificate holder to renew a
25-14 certificate of registration under this chapter.
25-15 (b) The application fee is due on the date the applicant
25-16 submits an application for registration. The renewal fee is due on
25-17 the date that a certificate holder submits an application to renew
25-18 a registration.
25-19 (c) The Title IV-D agency by rule shall adopt the fees
25-20 required for an application for registration and for renewal of
25-21 registration in amounts sufficient to cover the Title IV-D agency's
25-22 costs of administering the agency's duties under this chapter.
25-23 Sec. 237.053. DEPOSIT OF FEES; ACCOUNT. The child support
25-24 registration account is an account in the general revenue fund.
25-25 The Title IV-D agency shall deposit fees received under this
25-26 chapter to the credit of the child support registration account.
25-27 Money in the account may be appropriated only for use by the Title
25-28 IV-D agency to administer this chapter.
25-29 SUBCHAPTER C. REGISTRATION
25-30 Sec. 237.101. REGISTRATION REQUIRED. A collection entity
25-31 may not engage in the practice of collecting or enforcing child
25-32 support for a fee or consideration unless the entity is registered
25-33 with the Title IV-D agency under this chapter.
25-34 Sec. 237.102. APPLICATION REQUIREMENTS. (a) An applicant
25-35 for registration as a collection entity must file with the Title
25-36 IV-D agency an application, on a form prescribed by the Title IV-D
25-37 agency, stating:
25-38 (1) the name, street address, and telephone number and
25-39 other biographical information of each owner and officer of the
25-40 collection entity filing the application;
25-41 (2) the name under which the applicant is doing or
25-42 intends to do business, if different from the applicant's name;
25-43 (3) if the applicant is a corporation:
25-44 (A) the applicant's business name registered
25-45 with the secretary of state;
25-46 (B) the location of the applicant's registered
25-47 business office; and
25-48 (C) the name and address of each person who
25-49 directly or indirectly owns or controls at least 10 percent of the
25-50 outstanding shares of stock in the applicant's business;
25-51 (4) each location for which a certificate of
25-52 registration will be issued and the applicant's principal business
25-53 location;
25-54 (5) any assumed name under which the applicant is
25-55 doing business;
25-56 (6) the name, location, and account numbers of each
25-57 of the applicant's bank accounts;
25-58 (7) a detailed description of any litigation or
25-59 unresolved complaint, relating to the business operation of the
25-60 applicant, filed with a governmental authority of this state or any
25-61 other state in which the applicant does business;
25-62 (8) any criminal conviction of an owner or officer of
25-63 the applicant;
25-64 (9) any bankruptcy proceeding filed by an owner or
25-65 officer of the applicant;
25-66 (10) the name and other biographical information of
25-67 each employee of the applicant who will serve as a child support
25-68 investigator; and
25-69 (11) any other information the Title IV-D agency
26-1 determines would be relevant to a person who may use a collection
26-2 entity to collect child support.
26-3 (b) The chief executive officer of the collection entity
26-4 shall state in a notarized statement that the application is
26-5 accurate and truthful in all respects.
26-6 Sec. 237.103. CRIMINAL BACKGROUND CHECK. (a) An applicant
26-7 for registration shall submit to the Title IV-D agency, at the time
26-8 of application and on request at least once during each 24-month
26-9 period following issuance of a certificate of registration, the
26-10 following information for use in conducting criminal history
26-11 checks:
26-12 (1) the name of the owner of the collection entity;
26-13 and
26-14 (2) the name of each person employed by the collection
26-15 entity.
26-16 (b) The Title IV-D agency shall review information obtained
26-17 from the Department of Public Safety of the State of Texas and
26-18 shall, consistent with rules of the Title IV-D agency, take
26-19 appropriate action.
26-20 (c) The Title IV-D agency by rule shall specify the type or
26-21 number of criminal convictions that would result in the denial,
26-22 suspension, or revocation of a certificate of registration.
26-23 Sec. 237.104. SURETY BOND. (a) An application for
26-24 registration must be accompanied by a surety bond approved by the
26-25 Title IV-D agency.
26-26 (b) The surety bond must be:
26-27 (1) issued by a surety authorized to do business in
26-28 this state;
26-29 (2) in the amount of $1 million;
26-30 (3) payable to the state for equitable distribution to
26-31 the collection entity's clients; and
26-32 (4) conditioned on the collection entity's compliance
26-33 with this chapter and other applicable laws of this state.
26-34 (c) The surety bond must be in favor of:
26-35 (1) the state for the benefit of a person damaged by a
26-36 violation of this chapter or another applicable law of this state;
26-37 and
26-38 (2) any person harmed by a violation of this chapter
26-39 or another applicable law of this state.
26-40 Sec. 237.105. ISSUANCE OF REGISTRATION. (a) Except as
26-41 provided by Subsection (c), the Title IV-D agency by mail shall
26-42 issue a certificate of registration on receipt of:
26-43 (1) a completed application;
26-44 (2) the surety bond required by this chapter; and
26-45 (3) the required application fee.
26-46 (b) If a single application is made for the registration of
26-47 more than one registered location, the Title IV-D agency shall:
26-48 (1) issue a certificate of registration for each
26-49 registered location; and
26-50 (2) mail each of the certificates to the principal
26-51 business location stated in the application.
26-52 (c) On a determination by the Title IV-D agency, based on
26-53 the information furnished in the application, that the registration
26-54 of a collection entity poses an imminent threat to the potential
26-55 clients of the collection entity, the Title IV-D agency may refuse
26-56 to issue a certificate of registration in accordance with rules of
26-57 the Title IV-D agency, as provided by this chapter.
26-58 Sec. 237.106. DUTY TO UPDATE APPLICATION INFORMATION. If
26-59 the information provided in an application for registration
26-60 changes, the certificate holder shall amend the application not
26-61 later than the 45th day after the date on which the information
26-62 changes.
26-63 Sec. 237.107. CERTIFICATE NONTRANSFERABLE. A certificate of
26-64 registration issued under this chapter is not transferable.
26-65 Sec. 237.108. TERM; RENEWAL. (a) A certificate of
26-66 registration expires on the second anniversary of the date of
26-67 issuance.
26-68 (b) A certificate of registration may be renewed as provided
26-69 by rules of the Title IV-D agency.
27-1 Sec. 237.109. DUTY TO DISPLAY CERTIFICATE. A certificate
27-2 holder shall display a certificate of registration issued under
27-3 this chapter in a conspicuous place at each registered location.
27-4 SUBCHAPTER D. SURETY BOND
27-5 Sec. 237.151. CANCELLATION OF SURETY BOND. (a) Not later
27-6 than the 30th day before the date a surety bond required by this
27-7 chapter is canceled, a surety on the bond must provide written
27-8 notice of the cancellation to the Title IV-D agency.
27-9 (b) If the surety bond required by this chapter is canceled
27-10 by the certificate holder, the Title IV-D agency shall suspend the
27-11 certificate holder's registration effective on the date of the
27-12 cancellation.
27-13 Sec. 237.152. CLAIM AGAINST BOND. (a) A person filing a
27-14 claim against the surety bond of a collection entity for a
27-15 violation of this chapter or another applicable law of this state
27-16 may file suit against:
27-17 (1) the collection entity; and
27-18 (2) the surety.
27-19 (b) A suit under Subsection (a) may be commenced by a
27-20 private attorney or by the Title IV-D agency for a person making a
27-21 claim.
27-22 (c) A surety is liable only for actual and punitive damages,
27-23 reasonable attorney's fees, and court costs awarded under this
27-24 chapter.
27-25 (d) The aggregate liability of a surety for a collection
27-26 entity's violation of this chapter may not exceed the amount of
27-27 the surety bond.
27-28 Sec. 237.153. TERM OF SURETY BOND. A surety bond under this
27-29 chapter must be maintained until the second anniversary of the date
27-30 on which the collection entity ceases to operate as a collection
27-31 entity.
27-32 SUBCHAPTER E. CONTRACT FOR CHILD SUPPORT COLLECTION SERVICES
27-33 Sec. 237.201. FORM AND TERMS OF CONTRACT. A contract for
27-34 the collection of child support by a collection entity must be in
27-35 writing, dated, and signed by the person contracting with the
27-36 entity. The contract must state:
27-37 (1) the amount of the fee or other consideration to be
27-38 received by the collection entity;
27-39 (2) the address of the collection entity's principal
27-40 business location;
27-41 (3) the name and address of the surety of the
27-42 collection entity and an explanation of the person's right to
27-43 proceed against the surety bond required under this chapter;
27-44 (4) a statement that the collection entity will
27-45 provide to a client on request, without charge and at least
27-46 quarterly, regardless of whether requested, a statement accounting
27-47 for all money collected and retained by the entity for the client,
27-48 including all money retained by or paid to the entity as a fee or
27-49 as reimbursement for expenses or other costs; and
27-50 (5) the name and address of the collection entity's
27-51 agent in this state authorized to receive service of process.
27-52 Sec. 237.202. ISSUANCE OF CONTRACT AND OTHER DOCUMENTS. A
27-53 collection entity shall provide to a person contracting with the
27-54 collection entity for the collection of child support, at the time
27-55 of signing the contract, a copy of the completed contract and any
27-56 other document the collection entity requires the person to sign.
27-57 Sec. 237.203. MAXIMUM FEE PERMITTED. (a) A collection
27-58 entity may charge a reasonable fee for the collection of delinquent
27-59 child support as specified in the contract between the collection
27-60 entity and the client.
27-61 (b) If the fee of the collection entity is computed as a
27-62 percentage of the delinquent child support, the contingent fee may
27-63 not exceed 33 percent of the amount of delinquent child support,
27-64 plus any required court costs. A fee that complies with this
27-65 subsection is considered to be reasonable.
27-66 (c) If the fee of the collection entity is a fixed fee or is
27-67 based on an hourly rate, the fee may be in an amount agreed to by
27-68 the client and the collection entity.
27-69 (d) A contract for child support collection that does not
28-1 comply with this section is void.
28-2 Sec. 237.204. BREACH OF CONTRACT. The breach by a
28-3 collection entity of a contract for child support collection or of
28-4 an obligation arising from the contract is a violation of this
28-5 chapter.
28-6 Sec. 237.205. REQUIREMENT TO MAINTAIN COPY OF CONTRACT. A
28-7 collection entity shall maintain in its records a copy of each
28-8 contract for child support collection entered into by the entity
28-9 until at least the third anniversary of the date the contract is
28-10 terminated.
28-11 Sec. 237.206. CONTRACT OF UNREGISTERED COLLECTION ENTITY
28-12 VOID. A contract for the collection of child support entered into
28-13 by an unregistered collection entity is void.
28-14 SUBCHAPTER F. DISCIPLINARY ACTIONS
28-15 Sec. 237.251. SUSPENSION OF CERTIFICATE. (a) The Title
28-16 IV-D agency may suspend the certificate of registration of a
28-17 collection entity that has temporarily ceased operation but that
28-18 intends to resume operation before the date the registration
28-19 expires.
28-20 (b) The Title IV-D agency may suspend a collection entity's
28-21 certificate of registration for a specific period rather than deny
28-22 an application to renew the certificate or revoke the certificate
28-23 if the Title IV-D agency determines that the certificate holder has
28-24 repeatedly failed to comply with this chapter or rules adopted
28-25 under this chapter. A collection entity suspended under this
28-26 subsection shall suspend its operations and, as a condition of
28-27 reinstatement of the certificate, show the agency that the entity
28-28 can comply with this chapter and the agency's rules during the
28-29 suspension period.
28-30 (c) The Title IV-D agency shall revoke the certificate of a
28-31 collection entity that does not comply with this chapter or the
28-32 Title IV-D agency's rules before the expiration of the suspension
28-33 period under Subsection (b).
28-34 Sec. 237.252. DENIAL OR REVOCATION OF CERTIFICATE; APPEAL.
28-35 (a) The Title IV-D agency may deny an application for or renewal
28-36 of a certificate or revoke the certificate of a collection entity
28-37 that does not comply with this chapter or the rules of the Title
28-38 IV-D agency.
28-39 (b) The Title IV-D agency shall notify the person operating
28-40 or applying to operate a collection entity of the reasons for the
28-41 denial or revocation and of the person's right to appeal the
28-42 decision.
28-43 (c) A person who wishes to appeal a denial or revocation
28-44 under this section shall notify the director of the Title IV-D
28-45 agency by certified mail not later than the 30th day after the date
28-46 the person received the notice required by Subsection (b). The
28-47 person shall send a copy of the notice of appeal to the director of
28-48 the Title IV-D agency.
28-49 (d) The denial of an application for or renewal of a
28-50 certificate or the revocation of a certificate and the appeal from
28-51 that action are governed by the procedures for a contested case
28-52 hearing under Chapter 2001, Government Code. An appeal shall be
28-53 heard by the State Office of Administrative Hearings.
28-54 (e) A person who has appealed to the State Office of
28-55 Administrative Hearings a denial or revocation of a certificate may
28-56 appeal that decision by filing a suit in a district court of Travis
28-57 County not later than the 30th day after the date of receiving
28-58 notice of the decision. The standard of review for the suit shall
28-59 be by substantial evidence.
28-60 (f) Records of the hearing shall be maintained until the
28-61 second anniversary of the date a decision is rendered. On
28-62 request, and at the person's own expense, the Title IV-D agency
28-63 shall provide a copy of the transcript of the hearing to a person
28-64 appealing a denial or revocation under this section.
28-65 (g) A person may not operate as a collection entity during
28-66 the appeal of a certificate denial or revocation.
28-67 (h) A person whose certificate is revoked may not apply for
28-68 a certificate under this chapter before the second anniversary of
28-69 the date on which the revocation takes effect by order of the Title
29-1 IV-D agency or court order.
29-2 Sec. 237.253. EMERGENCY SUSPENSION AND CLOSURE OF COLLECTION
29-3 ENTITY. (a) The Title IV-D agency shall suspend on an emergency
29-4 basis a collection entity's certificate and order the immediate
29-5 closing of the collection entity if the Title IV-D agency
29-6 determines that the collection entity is operating in violation of
29-7 this chapter or the rules adopted under this chapter.
29-8 (b) An emergency order suspending a certificate and closing
29-9 a collection entity under this section takes effect immediately on
29-10 the date the certificate holder receives written notice or on a
29-11 later date specified in the order.
29-12 (c) The emergency suspension of a certificate and the
29-13 closure of the collection entity under this section and the appeal
29-14 from that action are governed by the procedures for a contested
29-15 case hearing under Chapter 2001, Government Code.
29-16 Sec. 237.254. NOTICE OF REVOCATION OR SUSPENSION. (a) If
29-17 the Title IV-D agency revokes or suspends a collection entity's
29-18 certificate, the Title IV-D agency shall publish notice of the
29-19 revocation or suspension in a newspaper of general circulation in
29-20 the county in which the collection entity is located.
29-21 (b) The Title IV-D agency shall pay the costs of publishing
29-22 the notice under Subsection (a) from money appropriated to the
29-23 Title IV-D agency and from fees collected under this chapter.
29-24 (c) A collection entity that has its certificate revoked or
29-25 suspended shall mail notification of the revocation or suspension
29-26 by certified mail to each client served by the collection entity
29-27 not later than the fifth day after the effective date of the
29-28 revocation or suspension.
29-29 (d) If a person who operates a collection entity that has
29-30 had its certificate revoked or suspended later applies for a new
29-31 certificate to operate the same collection entity, the Title IV-D
29-32 agency shall charge the person, in addition to the application fee,
29-33 a fee in an amount sufficient to reimburse the agency for the cost
29-34 of publishing the notice under Subsection (a).
29-35 SUBCHAPTER G. REMEDIES AND PROHIBITED PRACTICES
29-36 Sec. 237.301. CIVIL PENALTY; INJUNCTION. (a) On a
29-37 determination by the Title IV-D agency that a person has violated,
29-38 is violating, or is threatening to violate the registration
29-39 requirements of this chapter or the Title IV-D agency's rules, the
29-40 Title IV-D agency may file a suit in a district court in Travis
29-41 County for a civil penalty under Section 237.305, for injunctive
29-42 relief, including a temporary restraining order, or for both a
29-43 civil penalty and injunctive relief.
29-44 (b) At the Title IV-D agency's request, the attorney general
29-45 shall file a suit in the name of the state for injunctive relief,
29-46 to recover a civil penalty, or for both injunctive relief and a
29-47 civil penalty as authorized by Subsection (a).
29-48 Sec. 237.302. FRAUDULENT OR DECEPTIVE CONDUCT. A collection
29-49 entity may not directly or indirectly engage in a fraudulent or
29-50 deceptive act, practice, or course of business relating to the
29-51 services of the entity.
29-52 Sec. 237.303. ADVERTISING WITHOUT REGISTRATION. A
29-53 collection entity may not advertise the services of the entity if
29-54 the entity does not hold a certificate of registration required by
29-55 this chapter.
29-56 Sec. 237.304. CAUSING WAIVER PROHIBITED. A collection
29-57 entity may not attempt to cause a person to waive a right under
29-58 this chapter.
29-59 Sec. 237.305. AMOUNT OF CIVIL PENALTY; GROUNDS. (a) A
29-60 person is subject to a civil penalty of not less than $100 or more
29-61 than $500 for each day of a violation and for each act of violation
29-62 if the person:
29-63 (1) violates this chapter or a rule adopted under this
29-64 chapter on at least two occasions during a 12-month period; or
29-65 (2) publicly advertises that the person is a
29-66 collection entity and the person does not hold a certificate of
29-67 registration under this chapter.
29-68 (b) A civil penalty under this section may be assessed in
29-69 addition to the criminal penalties and injunctive relief provided
30-1 by this chapter.
30-2 Sec. 237.306. CRIMINAL PENALTIES. (a) A person commits an
30-3 offense if the person operates a collection entity without holding
30-4 a certificate of registration under this chapter.
30-5 (b) A person commits an offense if the person violates
30-6 Section 237.303.
30-7 (c) An offense under this section is a Class B misdemeanor.
30-8 Sec. 237.307. CIVIL LIABILITY. (a) A person injured by a
30-9 violation of this chapter is entitled to recover:
30-10 (1) actual damages;
30-11 (2) reasonable attorney's fees; and
30-12 (3) court costs.
30-13 (b) A person who prevails in an action under this section
30-14 may be awarded punitive damages.
30-15 Sec. 237.308. DECEPTIVE TRADE PRACTICE. A violation of this
30-16 chapter is a deceptive trade practice under Subchapter E, Chapter
30-17 17, Business & Commerce Code.
30-18 SECTION 58. Section 191.028, Health and Safety Code, is
30-19 amended by amending Subsection (a) and adding Subsection (c) to
30-20 read as follows:
30-21 (a) A record of a birth, death, or fetal death accepted by a
30-22 local registrar for registration may not be changed except as
30-23 provided by Subsections [Subsection] (b) and (c).
30-24 (c) Subject to rules adopted by the department, a correcting
30-25 certificate may be filed with the local registrar to correct a
30-26 spelling or numerical error in the original record for a birth or
30-27 death that occurred during the six months preceding the date the
30-28 correcting certificate was filed. On receipt of a correcting
30-29 certificate, the state registrar, local registrar, or other person
30-30 who issues birth or death certificates may issue the corrected
30-31 certificate without being required to issue a copy of the original
30-32 certificate with an amending certificate attached.
30-33 SECTION 59. Subsection (c), Section 192.002, Health and
30-34 Safety Code, is amended to read as follows:
30-35 (c) The form must include a space for recording the social
30-36 security numbers of the mother and father [and the signatures of
30-37 the biological mother and biological father]. These social
30-38 security numbers:
30-39 (1) [and signatures] are not a part of the legal birth
30-40 certificate;
30-41 (2) [,] shall be made available to the agency
30-42 administering the state's plan under Part D of Title IV of the
30-43 federal Social Security Act (42 U.S.C. Section 651 et seq.), and
30-44 the federal Social Security Administration; and
30-45 (3) may not be used or disseminated for any purpose
30-46 other than a purpose described by this section [the establishment
30-47 and the enforcement of child support orders].
30-48 SECTION 60. Subsections (e) and (g), Section 192.003, Health
30-49 and Safety Code, are amended to read as follows:
30-50 (e) If the mother of the child is not married to the father
30-51 of the child, a person listed by Subsection (a) or (b) who is
30-52 responsible for filing the birth certificate shall:
30-53 (1) provide an opportunity for the child's mother and
30-54 putative [biological] father to sign an acknowledgment of paternity
30-55 as provided by Subchapter C, Chapter 160, Family Code [the birth
30-56 certificate or a form prescribed by the department in which the
30-57 biological father consents to be named as the child's father on the
30-58 child's birth certificate]; and
30-59 (2) provide oral and written information to the
30-60 child's mother and putative father about establishing paternity,
30-61 including an explanation of the rights and responsibilities of
30-62 acknowledging paternity and information about the availability of
30-63 child support services[, to the child's mother and the father, if
30-64 present].
30-65 (g) The state registrar shall transmit the information
30-66 [signed consent forms] to the Title IV-D agency [attorney general]
30-67 who may use such forms for any purpose directly connected with the
30-68 provision of child support services pursuant to Chapter 231, Family
30-69 Code.
31-1 SECTION 61. Section 192.005, Health and Safety Code, is
31-2 amended to read as follows:
31-3 Sec. 192.005. RECORD OF PATERNITY. (a) The items on a
31-4 birth certificate relating to the child's father shall be completed
31-5 only if:
31-6 (1) the child's mother was married to the father:
31-7 (A) at the time of the child's conception;
31-8 (B) at the time of the child's birth; or
31-9 (C) after the child's birth;
31-10 (2) paternity is established by order of a court of
31-11 competent jurisdiction; or
31-12 (3) the father and mother signed an acknowledgment of
31-13 paternity [the birth certificate or consented in writing, on a]
31-14 form under Subchapter C, Chapter 160, Family Code, stating that the
31-15 man is [prescribed by the department,] to be named as the father of
31-16 the child on the child's birth certificate.
31-17 (b) [The father of a child who has no presumed father may
31-18 acknowledge paternity by signing the certificate of birth or may
31-19 acknowledge paternity in accordance with Section 160.202, Family
31-20 Code.]
31-21 [(c)] A person may apply to the state registrar for the
31-22 removal of any indication of the absence of paternity of a child
31-23 who has no presumed father from the person's birth record.
31-24 (c) The state registrar shall issue a supplementary birth
31-25 certificate on a legal determination of the child's paternity.
31-26 (d) If the identity of [items relating to] the child's
31-27 father is [are] not stated [completed] on a birth certificate filed
31-28 with the state registrar, the state registrar shall notify the
31-29 Title IV-D agency [attorney general].
31-30 SECTION 62. Section 192.0051, Health and Safety Code, is
31-31 amended to read as follows:
31-32 Sec. 192.0051. REPORT OF DETERMINATION [CERTIFICATE] OF
31-33 PATERNITY. (a) A report [declaration] of each determination of
31-34 paternity in this state shall be filed with the state registrar.
31-35 (b) On a determination of paternity, the petitioner shall
31-36 provide the clerk of the court in which the decree was granted with
31-37 the information necessary to prepare the report [declaration]. The
31-38 clerk shall:
31-39 (1) report the determination [prepare the declaration]
31-40 on a form or in a manner provided by the department; and
31-41 (2) complete the report [declaration] immediately
31-42 after the decree becomes final.
31-43 (c) On completion of the report [Not later than the 10th day
31-44 of each month], the clerk of the court shall forward to the state
31-45 registrar the report [a declaration] for each decree that became
31-46 final in that court [during the preceding month].
31-47 SECTION 63. Subsection (a), Section 192.006, Health and
31-48 Safety Code, is amended to read as follows:
31-49 (a) A supplementary birth certificate may be issued for a
31-50 [filed if the] person if [who is the subject of the certificate]:
31-51 (1) [becomes] the child's parents get married after
31-52 the date of the child's birth [child of the person's father by the
31-53 subsequent marriage of the person's parents];
31-54 (2) the child's [has the person's] parentage is
31-55 determined by an acknowledgment of paternity [a court of competent
31-56 jurisdiction]; [or]
31-57 (3) the parent-child relationship is terminated
31-58 between the child and a parent of the child;
31-59 (4) the child is adopted; or
31-60 (5) parentage of the child is determined by the Title
31-61 IV-D agency or a court [under the laws of any state].
31-62 SECTION 64. Subsections (b) and (c), Section 193.001, Health
31-63 and Safety Code, are amended to read as follows:
31-64 (b) The social security number shall be recorded on the
31-65 death certificate and on any other records related to the death.
31-66 (c) The department shall require death certificates and
31-67 fetal death certificates to include the name of the place and the
31-68 specific number of the plot, crypt, lawn crypt, or niche in which a
31-69 decedent's remains will be interred or, if the remains will not be
32-1 interred, the place and manner of other disposition.
32-2 (d) [(c)] The bureau of vital statistics and each local
32-3 registrar shall make the information provided under Subsection (c)
32-4 [(b)] available to the public and may charge a fee in an amount
32-5 prescribed under Section 191.0045 for providing that service.
32-6 SECTION 65. Subsection (a), Section 31.0032, Human Resources
32-7 Code, is amended to read as follows:
32-8 (a) Except as provided by Section 231.115, Family Code, as
32-9 added by Chapter 911, Acts of the 75th Legislature, Regular
32-10 Session, 1997, if [If] after an investigation the department or the
32-11 Title IV-D agency determines that a person is not complying with a
32-12 requirement of the responsibility agreement required under Section
32-13 31.0031, the department immediately shall apply appropriate
32-14 sanctions or penalties regarding the assistance provided to or for
32-15 that person under this chapter.
32-16 SECTION 66. Subsections (a) and (c), Section 31.0033, Human
32-17 Resources Code, are amended to read as follows:
32-18 (a) If the department or Title IV-D agency determines that
32-19 penalties and sanctions should be applied under Section 31.0032,
32-20 the person determined to have not complied or, if different, the
32-21 person receiving the financial assistance may request a hearing to
32-22 show good cause for noncompliance not later than the 13th day after
32-23 the date on which notice is received under Section 31.0032. On a
32-24 showing of good cause for noncompliance, sanctions may not be
32-25 imposed.
32-26 (c) If the department finds that good cause for
32-27 noncompliance was not shown at a hearing, the department shall
32-28 apply appropriate sanctions or penalties to or for that person
32-29 until the department, or the Title IV-D agency in a Title IV-D
32-30 case, determines that the person is in compliance with the terms of
32-31 the responsibility agreement.
32-32 SECTION 67. Section 411.127, Government Code, is amended to
32-33 read as follows:
32-34 Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
32-35 APPLICANTS FOR EMPLOYMENT AND APPLICANTS FOR REGISTRATION OF A
32-36 PRIVATE CHILD SUPPORT COLLECTION ENTITY. (a) The Title IV-D
32-37 agency [attorney general] is entitled to obtain from the Department
32-38 of Public Safety, the Federal Bureau of Investigation
32-39 identification division, or another law enforcement agency criminal
32-40 history record information maintained by the department or agency
32-41 that relates to a person who is an applicant for a position of
32-42 employment with the Title IV-D agency, or an applicant to serve as
32-43 a consultant, intern, or volunteer, [attorney general] that
32-44 involves the performance of duties under Chapter 231, Family Code.
32-45 The Title IV-D agency [attorney general] may not request the
32-46 information unless a supervisory employee of the agency [attorney
32-47 general's office] has recommended that the applicant be hired or
32-48 serve as an intern or volunteer.
32-49 (b) The Title IV-D agency is entitled to obtain from the
32-50 Department of Public Safety, the Federal Bureau of Investigation
32-51 identification division, or another law enforcement agency criminal
32-52 history record information maintained by the department or agency
32-53 that relates to a person who is an applicant for registration under
32-54 Chapter 237, Family Code, as a child support collection entity or
32-55 an employee of the entity, including an owner, officer, or
32-56 investigator. The Title IV-D agency may not request the
32-57 information until an application seeking registration as a child
32-58 support collection entity has been filed with the agency.
32-59 (c) Criminal history record information obtained by the
32-60 Title IV-D agency [attorney general] under Subsections [Subsection]
32-61 (a) and (b) may not be released or disclosed to any person except
32-62 on court order or with the consent of the person who is the subject
32-63 of the criminal history record information.
32-64 (d) [(c)] The Title IV-D agency [attorney general] shall
32-65 destroy criminal history record information that relates to a
32-66 person after the information is used for its authorized purpose.
32-67 (e) In this section, "Title IV-D agency" has the meaning
32-68 assigned by Section 101.033, Family Code.
32-69 SECTION 68. (a) The attorney general shall redesign and
33-1 improve the child support enforcement program.
33-2 (b) The involvement of the attorney general's office related
33-3 to the enforcement of child support is subject to review under
33-4 Chapter 325, Government Code (Texas Sunset Act), as if the attorney
33-5 general's involvement in matters relating to the enforcement of
33-6 child support were a state agency under that chapter. The Sunset
33-7 Advisory Commission may review only the attorney general's:
33-8 (1) implementation of child support enforcement
33-9 functions, including functions affected by legislation enacted by
33-10 the 76th Legislature, Regular Session, 1999; and
33-11 (2) redesign and improvement of the child support
33-12 enforcement program.
33-13 (c) In determining whether the attorney general has improved
33-14 the child support enforcement program, the Sunset Advisory
33-15 Commission shall analyze the degree to which the attorney general
33-16 has:
33-17 (1) improved all elements of the child support
33-18 program;
33-19 (2) resolved computer system implementation issues;
33-20 (3) complied with federal welfare reform mandates; and
33-21 (4) improved customer service and increased client
33-22 satisfaction.
33-23 (d) Not later than October 15, 2000, the attorney general's
33-24 child support enforcement division shall report to the standing
33-25 committees of the senate and house of representatives having
33-26 primary jurisdiction over child support issues and the Sunset
33-27 Advisory Commission regarding the significant improvements that
33-28 have been made in its performance and operation of the child
33-29 support enforcement program. The attorney general's child support
33-30 enforcement division shall collect information and report on the
33-31 criteria described by Subsection (c) of this section.
33-32 (e) The involvement of the attorney general's office in
33-33 matters related to child support enforcement is not abolished under
33-34 Chapter 325, Government Code (Texas Sunset Act).
33-35 (f) To the extent Chapter 325, Government Code (Texas Sunset
33-36 Act), imposes a duty on a state agency under review, the attorney
33-37 general's office shall perform the duty as it applies to the
33-38 attorney general's involvement in matters related to child support
33-39 enforcement.
33-40 (g) The Sunset Advisory Commission shall report its findings
33-41 as required under Section 325.010, Government Code, to the 77th
33-42 Legislature, Regular Session, 2001.
33-43 SECTION 69. (a) The attorney general's child support
33-44 enforcement division shall investigate the use of alternative
33-45 sources of revenue to operate the child support program. As part
33-46 of the investigation, the division shall perform a cost-benefit
33-47 analysis of charging fees, including a paternity establishment fee,
33-48 a service fee, and a fee charged for a check or money order not
33-49 paid because of insufficient funds. The cost-benefit analysis must
33-50 include analysis of:
33-51 (1) the cost of reprogramming the computer system to
33-52 handle the imposition and collection of fees in an efficient
33-53 manner;
33-54 (2) the estimated administrative cost of collecting
33-55 fees;
33-56 (3) the projected revenues from at least two fee
33-57 levels; and
33-58 (4) the impact of the alternative fee levels on demand
33-59 for Title IV-D services.
33-60 (b) The division shall report its findings under this
33-61 section not later than October 15, 2000, to the Sunset Advisory
33-62 Commission and the standing committees of the senate and house of
33-63 representatives having primary jurisdiction over child support
33-64 issues.
33-65 SECTION 70. Subsection (c), Section 158.505, and Subsection
33-66 (c), Section 160.002, Family Code, are repealed.
33-67 SECTION 71. (a) Except as provided by Subsection (g) of
33-68 this section, this Act takes effect September 1, 1999.
33-69 (b) The interagency work group shall develop the interagency
34-1 partnership strategy required by Section 231.011, Family Code, as
34-2 added by this Act, not later than January 1, 2000.
34-3 (c) The county advisory work group shall complete the
34-4 state-county support improvement plan required by Section 231.012,
34-5 Family Code, as added by this Act, not later than January 1, 2000.
34-6 (d) The Title IV-D agency and the Texas Department of Human
34-7 Services shall update the memorandum of understanding adopted under
34-8 Section 231.305, Family Code, not later than January 1, 2000.
34-9 (e) The change in law made by this Act by the amendment of
34-10 Section 160.004, Family Code, and the addition of Section 233.0095,
34-11 Family Code, applies only to a suit affecting the parent-child
34-12 relationship providing for the determination of paternity that is
34-13 filed or a child support review that is commenced by the Title IV-D
34-14 agency on or after the effective date of this Act. A suit filed or
34-15 review commenced before the effective date of this Act is governed
34-16 by the law in effect on the date the suit was filed or the review
34-17 was commenced, and the former law is continued in effect for that
34-18 purpose.
34-19 (f) The Title IV-D agency shall adopt rules as necessary to
34-20 administer Chapter 237, Family Code, as added by this Act, not
34-21 later than May 1, 2000.
34-22 (g) Section 237.101 and Subchapter G, Chapter 237, Family
34-23 Code, as added by this Act, take effect January 1, 2001.
34-24 (h) The change in law made by this Act by the enactment of
34-25 Chapter 237, Family Code, applies to a contract for the collection
34-26 of child support entered on or after January 1, 2001. A contract
34-27 entered before that date is governed by the law in effect on the
34-28 date the contract was entered, and the former law is continued in
34-29 effect for that purpose.
34-30 SECTION 72. The importance of this legislation and the
34-31 crowded condition of the calendars in both houses create an
34-32 emergency and an imperative public necessity that the
34-33 constitutional rule requiring bills to be read on three several
34-34 days in each house be suspended, and this rule is hereby suspended.
34-35 * * * * *