By:  Harris                                            S.B. No. 391
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the enforcement of a child support order by a domestic
 1-2     relations office and to requests for related information.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (a), Section 203.004, Family Code, is
 1-5     amended to read as follows:
 1-6           (a)  A domestic relations office may:
 1-7                 (1)  collect and disburse child support payments that
 1-8     are ordered by a court to be paid through a domestic relations
 1-9     registry;
1-10                 (2)  maintain records of payments and disbursements
1-11     made under Subdivision (1);
1-12                 (3)  file a suit, including a suit to:
1-13                       (A)  establish paternity;
1-14                       (B)  enforce a court order for child support or
1-15     for possession of and access to a child; and
1-16                       (C)  modify or clarify an existing child support
1-17     order;
1-18                 (4)  provide an informal forum in which:
1-19                       (A)  mediation is used to resolve disputes in an
1-20     action under Subdivision (3); or
1-21                       (B)  an agreed repayment schedule for delinquent
1-22     child support is negotiated as an alternative to filing a suit to
1-23     enforce a court order for child support under Subdivision (3);
1-24                 (5)  prepare a court-ordered social study;
 2-1                 (6)  represent a child as guardian ad litem in a suit
 2-2     in which:
 2-3                       (A)  termination of the parent-child relationship
 2-4     is sought; or
 2-5                       (B)  conservatorship of or access to a child is
 2-6     contested;
 2-7                 (7)  serve as a friend of the court;
 2-8                 (8)  provide predivorce counseling ordered by a court;
 2-9                 (9)  provide community supervision services under
2-10     Chapter 157; and
2-11                 (10)  provide information to assist a party in
2-12     understanding, complying with, or enforcing the party's duties and
2-13     obligations under Subdivision (3).
2-14           SECTION 2.  Section 203.007, Family Code, is amended to read
2-15     as follows:
2-16           Sec. 203.007.  ACCESS TO RECORDS;  OFFENSE.  (a)  A domestic
2-17     relations office may obtain the records described by Subsections
2-18     (b), [and] (c), (d), and (e) that relate to a person who has:
2-19                 (1)  been ordered to pay child support;
2-20                 (2)  been designated as a possessory conservator or
2-21     managing conservator of a child;
2-22                 (3)  been designated to be the father of a child; or
2-23                 (4)  executed a statement of paternity.
2-24           (b)  A domestic relations office is entitled to obtain from
2-25     the Department of Public Safety records that relate to:
2-26                 (1)  a person's date of birth;
 3-1                 (2)  a person's most recent address;
 3-2                 (3)  a person's current driver's license status;
 3-3                 (4)  motor vehicle accidents involving a person; and
 3-4                 (5)  reported traffic-law violations of which a person
 3-5     has been convicted.
 3-6           (c)  A domestic relations office is entitled to obtain from
 3-7     the Texas Workforce [Employment] Commission records that relate to:
 3-8                 (1)  a person's address;
 3-9                 (2)  a person's employment status and earnings;
3-10                 (3)  the name and address of a person's current or
3-11     former employer; and
3-12                 (4)  unemployment compensation benefits received by a
3-13     person.
3-14           (d)  To the extent permitted by federal law, a domestic
3-15     relations office is entitled to obtain from the National Directory
3-16     of New Hires established under 42 U.S.C. Section 653(i), as
3-17     amended, records that relate to a person described by Subsection
3-18     (a), including records that relate to:
3-19                 (1)  the name, telephone number, and address of the
3-20     person's employer;
3-21                 (2)  information provided by the person on a W-4 form;
3-22     and
3-23                 (3)  information provided by the person's employer on a
3-24     Title IV-D form.
3-25           (e)  To the extent permitted by federal law, a domestic
3-26     relations office is entitled to obtain from the state case registry
 4-1     records that relate to a person described by Subsection (a),
 4-2     including records that relate to:
 4-3                 (1)  the street and mailing address and the social
 4-4     security number of the person;
 4-5                 (2)  the name, telephone number, and address of the
 4-6     person's employer;
 4-7                 (3)  the location and value of real and personal
 4-8     property owned by the person; and
 4-9                 (4)  the name and address of each financial institution
4-10     in which the person maintains an account and the account number for
4-11     each account.
4-12           (f)  An agency required to provide records under this section
4-13     may charge a domestic relations office a fee for providing the
4-14     records in an amount that does not exceed the amount paid for those
4-15     records by the agency responsible for Title IV-D cases.
4-16           (g) [(e)]  The Department of Public Safety, the Texas
4-17     Workforce [Employment] Commission, or the office of the secretary
4-18     of state may charge a domestic relations office a fee not to exceed
4-19     the charge paid by the Title IV-D agency for furnishing records
4-20     under this section.
4-21           (h) [(f)]  Information obtained by a domestic relations
4-22     office under this section that is confidential under a
4-23     constitution, statute, judicial decision, or rule is privileged and
4-24     may be used only by that office.
4-25           (i) [(g)]  A person commits an offense if the person releases
4-26     or discloses confidential information obtained under this section
 5-1     without the consent of the person to whom the information relates.
 5-2     An offense under this subsection is a Class C misdemeanor.
 5-3           (j) [(h)]  A domestic relations office is entitled to obtain
 5-4     from the office of the secretary of state the following information
 5-5     about a registered voter to the extent that the information is
 5-6     available:
 5-7                 (1)  complete name;
 5-8                 (2)  current and former street and mailing address;
 5-9                 (3)  sex;
5-10                 (4)  date of birth;
5-11                 (5)  social security number; and
5-12                 (6)  telephone number.
5-13           SECTION 3.  Section 233.001, Family Code, as added by Chapter
5-14     420, Acts of the 75th Legislature, Regular Session, 1997, is
5-15     amended to read as follows:
5-16           Sec. 233.001.  REQUEST FOR INFORMATION.  (a)  The state case
5-17     registry shall provide information under this chapter on the
5-18     written request of a custodial parent, domestic relations office,
5-19     or friend of the court regarding a case that [whose case]:
5-20                 (1)  is included in the state case registry established
5-21     under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
5-22     agency is not providing enforcement services; or
5-23                 (2)  would otherwise not be required to be included in
5-24     the state case registry under 42 U.S.C. Section 654a but for which
5-25     an application has been made [who has applied] for inclusion under
5-26     Section 233.002.
 6-1           (b)  The state case registry shall provide to a custodial
 6-2     parent under Subsection (a)  who makes a request for information or
 6-3     to an attorney or [, friend of the court,] guardian ad litem[, or
 6-4     domestic relations office] designated by the parent any information
 6-5     in the registry concerning the parent's case, including:
 6-6                 (1)  the noncustodial parent's address, social security
 6-7     number, and employer's name and address;
 6-8                 (2)  the amount and location of real and personal
 6-9     property owned by the noncustodial parent;
6-10                 (3)  the name and address of financial institutions in
6-11     which the noncustodial parent has an account and each account
6-12     number; and
6-13                 (4)  any other information the disclosure of which is
6-14     not specifically prohibited by federal law.
6-15           (c)  To the extent permitted by federal law, the state case
6-16     registry shall provide the information described by Subsection (b)
6-17     to a domestic relations office or friend of the court that makes a
6-18     request for information under Subsection (a).
6-19           SECTION 4.  Section 233.003, Family Code, as added by Chapter
6-20     420, Acts of the 75th Legislature, Regular Session, 1997, is
6-21     amended to read as follows:
6-22           Sec. 233.003.  APPLICATION FOR SERVICES NOT REQUIRED.  The
6-23     Title IV-D agency may not require an application for services as a
6-24     condition for:
6-25                 (1)  releasing information under Section 233.001 [to a
6-26     custodial parent or to the person designated by the parent]; or
 7-1                 (2)  including a case in the state case registry under
 7-2     Section 233.002.
 7-3           SECTION 5.  The importance of this legislation and the
 7-4     crowded condition of the calendars in both houses create an
 7-5     emergency and an imperative public necessity that the
 7-6     constitutional rule requiring bills to be read on three several
 7-7     days in each house be suspended, and this rule is hereby suspended,
 7-8     and that this Act take effect and be in force from and after its
 7-9     passage, and it is so enacted.