By Harris S.B. No. 391
76R3279 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the enforcement of a child support order by a domestic
1-3 relations office.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 203.004(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) A domestic relations office may:
1-8 (1) collect and disburse child support payments that
1-9 are ordered by a court to be paid through a domestic relations
1-10 registry;
1-11 (2) maintain records of payments and disbursements
1-12 made under Subdivision (1);
1-13 (3) file a suit, including a suit to:
1-14 (A) establish paternity;
1-15 (B) enforce a court order for child support or
1-16 for possession of and access to a child; and
1-17 (C) modify or clarify an existing child support
1-18 order;
1-19 (4) provide an informal forum in which:
1-20 (A) mediation is used to resolve disputes in an
1-21 action under Subdivision (3); or
1-22 (B) an agreed repayment schedule for delinquent
1-23 child support is negotiated as an alternative to filing a suit to
1-24 enforce a court order for child support under Subdivision (3);
2-1 (5) prepare a court-ordered social study;
2-2 (6) represent a child as guardian ad litem in a suit
2-3 in which:
2-4 (A) termination of the parent-child relationship
2-5 is sought; or
2-6 (B) conservatorship of or access to a child is
2-7 contested;
2-8 (7) serve as a friend of the court;
2-9 (8) provide predivorce counseling ordered by a court;
2-10 (9) provide community supervision services under
2-11 Chapter 157; and
2-12 (10) provide information to assist a party in
2-13 understanding, complying with, or enforcing the party's duties and
2-14 obligations under Subdivision (3).
2-15 SECTION 2. Section 203.007, Family Code, is amended to read
2-16 as follows:
2-17 Sec. 203.007. ACCESS TO RECORDS; OFFENSE. (a) A domestic
2-18 relations office may obtain the records described by Subsections
2-19 (b), [and] (c), (d), and (e) that relate to a person who has:
2-20 (1) been ordered to pay child support;
2-21 (2) been designated as a possessory conservator or
2-22 managing conservator of a child;
2-23 (3) been designated to be the father of a child; or
2-24 (4) executed a statement of paternity.
2-25 (b) A domestic relations office is entitled to obtain from
2-26 the Department of Public Safety records that relate to:
2-27 (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
3-27 records that relate to a person described by Subsection (a),
4-1 including records that relate to:
4-2 (1) the street and mailing address and the social
4-3 security number of the person;
4-4 (2) the name, telephone number, and address of the
4-5 person's employer;
4-6 (3) the location and value of real and personal
4-7 property owned by the person; and
4-8 (4) the name and address of each financial institution
4-9 in which the person maintains an account and the account number for
4-10 each account.
4-11 (f) An agency required to provide records under this section
4-12 may charge a domestic relations office a fee for providing the
4-13 records in an amount that does not exceed the amount paid for those
4-14 records by the agency responsible for Title IV-D cases.
4-15 (g) [(e)] The Department of Public Safety, the Texas
4-16 Workforce [Employment] Commission, or the office of the secretary
4-17 of state may charge a domestic relations office a fee not to exceed
4-18 the charge paid by the Title IV-D agency for furnishing records
4-19 under this section.
4-20 (h) [(f)] Information obtained by a domestic relations
4-21 office under this section that is confidential under a
4-22 constitution, statute, judicial decision, or rule is privileged and
4-23 may be used only by that office.
4-24 (i) [(g)] A person commits an offense if the person releases
4-25 or discloses confidential information obtained under this section
4-26 without the consent of the person to whom the information relates.
4-27 An offense under this subsection is a Class C misdemeanor.
5-1 (j) [(h)] A domestic relations office is entitled to obtain
5-2 from the office of the secretary of state the following information
5-3 about a registered voter to the extent that the information is
5-4 available:
5-5 (1) complete name;
5-6 (2) current and former street and mailing address;
5-7 (3) sex;
5-8 (4) date of birth;
5-9 (5) social security number; and
5-10 (6) telephone number.
5-11 SECTION 3. Section 233.001, Family Code, as added by Chapter
5-12 420, Acts of the 75th Legislature, Regular Session, 1997, is
5-13 amended to read as follows:
5-14 Sec. 233.001. REQUEST FOR INFORMATION. (a) The state case
5-15 registry shall provide information under this chapter on the
5-16 written request of a custodial parent, domestic relations office,
5-17 or friend of the court regarding a case that [whose case]:
5-18 (1) is included in the state case registry established
5-19 under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
5-20 agency is not providing enforcement services; or
5-21 (2) would otherwise not be required to be included in
5-22 the state case registry under 42 U.S.C. Section 654a but for which
5-23 an application has been made [who has applied] for inclusion under
5-24 Section 233.002.
5-25 (b) The state case registry shall provide to a custodial
5-26 parent under Subsection (a) who makes a request for information or
5-27 to an attorney or [, friend of the court,] guardian ad litem[, or
6-1 domestic relations office] designated by the parent any information
6-2 in the registry concerning the parent's case, including:
6-3 (1) the noncustodial parent's address, social security
6-4 number, and employer's name and address;
6-5 (2) the amount and location of real and personal
6-6 property owned by the noncustodial parent;
6-7 (3) the name and address of financial institutions in
6-8 which the noncustodial parent has an account and each account
6-9 number; and
6-10 (4) any other information the disclosure of which is
6-11 not specifically prohibited by federal law.
6-12 (c) To the extent permitted by federal law, the state case
6-13 registry shall provide the information described by Subsection (b)
6-14 to a domestic relations office or friend of the court that makes a
6-15 request for information under Subsection (a).
6-16 SECTION 4. Section 233.003, Family Code, as added by Chapter
6-17 420, Acts of the 75th Legislature, Regular Session, 1997, is
6-18 amended to read as follows:
6-19 Sec. 233.003. APPLICATION FOR SERVICES NOT REQUIRED. The
6-20 Title IV-D agency may not require an application for services as a
6-21 condition for:
6-22 (1) releasing information under Section 233.001 [to a
6-23 custodial parent or to the person designated by the parent]; or
6-24 (2) including a case in the state case registry under
6-25 Section 233.002.
6-26 SECTION 5. The importance of this legislation and the
6-27 crowded condition of the calendars in both houses create an
7-1 emergency and an imperative public necessity that the
7-2 constitutional rule requiring bills to be read on three several
7-3 days in each house be suspended, and this rule is hereby suspended,
7-4 and that this Act take effect and be in force from and after its
7-5 passage, and it is so enacted.