1-1     By:  Harris                                            S.B. No. 391
 1-2           (In the Senate - Filed February 3, 1999; February 4, 1999,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 3, 1999, reported favorably by the following vote:  Yeas 4,
 1-5     Nays 0; March 3, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the enforcement of a child support order by a domestic
 1-9     relations office and to requests for related information.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (a), Section 203.004, Family Code, is
1-12     amended to read as follows:
1-13           (a)  A domestic relations office may:
1-14                 (1)  collect and disburse child support payments that
1-15     are ordered by a court to be paid through a domestic relations
1-16     registry;
1-17                 (2)  maintain records of payments and disbursements
1-18     made under Subdivision (1);
1-19                 (3)  file a suit, including a suit to:
1-20                       (A)  establish paternity;
1-21                       (B)  enforce a court order for child support or
1-22     for possession of and access to a child; and
1-23                       (C)  modify or clarify an existing child support
1-24     order;
1-25                 (4)  provide an informal forum in which:
1-26                       (A)  mediation is used to resolve disputes in an
1-27     action under Subdivision (3); or
1-28                       (B)  an agreed repayment schedule for delinquent
1-29     child support is negotiated as an alternative to filing a suit to
1-30     enforce a court order for child support under Subdivision (3);
1-31                 (5)  prepare a court-ordered social study;
1-32                 (6)  represent a child as guardian ad litem in a suit
1-33     in which:
1-34                       (A)  termination of the parent-child relationship
1-35     is sought; or
1-36                       (B)  conservatorship of or access to a child is
1-37     contested;
1-38                 (7)  serve as a friend of the court;
1-39                 (8)  provide predivorce counseling ordered by a court;
1-40                 (9)  provide community supervision services under
1-41     Chapter 157; and
1-42                 (10)  provide information to assist a party in
1-43     understanding, complying with, or enforcing the party's duties and
1-44     obligations under Subdivision (3).
1-45           SECTION 2.  Section 203.007, Family Code, is amended to read
1-46     as follows:
1-47           Sec. 203.007.  ACCESS TO RECORDS;  OFFENSE.  (a)  A domestic
1-48     relations office may obtain the records described by Subsections
1-49     (b), [and] (c), (d), and (e) that relate to a person who has:
1-50                 (1)  been ordered to pay child support;
1-51                 (2)  been designated as a possessory conservator or
1-52     managing conservator of a child;
1-53                 (3)  been designated to be the father of a child; or
1-54                 (4)  executed a statement of paternity.
1-55           (b)  A domestic relations office is entitled to obtain from
1-56     the Department of Public Safety records that relate to:
1-57                 (1)  a person's date of birth;
1-58                 (2)  a person's most recent address;
1-59                 (3)  a person's current driver's license status;
1-60                 (4)  motor vehicle accidents involving a person; and
1-61                 (5)  reported traffic-law violations of which a person
1-62     has been convicted.
1-63           (c)  A domestic relations office is entitled to obtain from
1-64     the Texas Workforce [Employment] Commission records that relate to:
 2-1                 (1)  a person's address;
 2-2                 (2)  a person's employment status and earnings;
 2-3                 (3)  the name and address of a person's current or
 2-4     former employer; and
 2-5                 (4)  unemployment compensation benefits received by a
 2-6     person.
 2-7           (d)  To the extent permitted by federal law, a domestic
 2-8     relations office is entitled to obtain from the National Directory
 2-9     of New Hires established under 42 U.S.C. Section 653(i), as
2-10     amended, records that relate to a person described by Subsection
2-11     (a), including records that relate to:
2-12                 (1)  the name, telephone number, and address of the
2-13     person's employer;
2-14                 (2)  information provided by the person on a W-4 form;
2-15     and
2-16                 (3)  information provided by the person's employer on a
2-17     Title IV-D form.
2-18           (e)  To the extent permitted by federal law, a domestic
2-19     relations office is entitled to obtain from the state case registry
2-20     records that relate to a person described by Subsection (a),
2-21     including records that relate to:
2-22                 (1)  the street and mailing address and the social
2-23     security number of the person;
2-24                 (2)  the name, telephone number, and address of the
2-25     person's employer;
2-26                 (3)  the location and value of real and personal
2-27     property owned by the person; and
2-28                 (4)  the name and address of each financial institution
2-29     in which the person maintains an account and the account number for
2-30     each account.
2-31           (f)  An agency required to provide records under this section
2-32     may charge a domestic relations office a fee for providing the
2-33     records in an amount that does not exceed the amount paid for those
2-34     records by the agency responsible for Title IV-D cases.
2-35           (g) [(e)]  The Department of Public Safety, the Texas
2-36     Workforce [Employment] Commission, or the office of the secretary
2-37     of state may charge a domestic relations office a fee not to exceed
2-38     the charge paid by the Title IV-D agency for furnishing records
2-39     under this section.
2-40           (h) [(f)]  Information obtained by a domestic relations
2-41     office under this section that is confidential under a
2-42     constitution, statute, judicial decision, or rule is privileged and
2-43     may be used only by that office.
2-44           (i) [(g)]  A person commits an offense if the person releases
2-45     or discloses confidential information obtained under this section
2-46     without the consent of the person to whom the information relates.
2-47     An offense under this subsection is a Class C misdemeanor.
2-48           (j) [(h)]  A domestic relations office is entitled to obtain
2-49     from the office of the secretary of state the following information
2-50     about a registered voter to the extent that the information is
2-51     available:
2-52                 (1)  complete name;
2-53                 (2)  current and former street and mailing address;
2-54                 (3)  sex;
2-55                 (4)  date of birth;
2-56                 (5)  social security number; and
2-57                 (6)  telephone number.
2-58           SECTION 3.  Section 233.001, Family Code, as added by Chapter
2-59     420, Acts of the 75th Legislature, Regular Session, 1997, is
2-60     amended to read as follows:
2-61           Sec. 233.001.  REQUEST FOR INFORMATION.  (a)  The state case
2-62     registry shall provide information under this chapter on the
2-63     written request of a custodial parent, domestic relations office,
2-64     or friend of the court regarding a case that [whose case]:
2-65                 (1)  is included in the state case registry established
2-66     under 42 U.S.C. Section 654a and for which [whom] the Title IV-D
2-67     agency is not providing enforcement services; or
2-68                 (2)  would otherwise not be required to be included in
2-69     the state case registry under 42 U.S.C. Section 654a but for which
 3-1     an application has been made [who has applied] for inclusion under
 3-2     Section 233.002.
 3-3           (b)  The state case registry shall provide to a custodial
 3-4     parent under Subsection (a)  who makes a request for information or
 3-5     to an attorney or [, friend of the court,] guardian ad litem[, or
 3-6     domestic relations office] designated by the parent any information
 3-7     in the registry concerning the parent's case, including:
 3-8                 (1)  the noncustodial parent's address, social security
 3-9     number, and employer's name and address;
3-10                 (2)  the amount and location of real and personal
3-11     property owned by the noncustodial parent;
3-12                 (3)  the name and address of financial institutions in
3-13     which the noncustodial parent has an account and each account
3-14     number; and
3-15                 (4)  any other information the disclosure of which is
3-16     not specifically prohibited by federal law.
3-17           (c)  To the extent permitted by federal law, the state case
3-18     registry shall provide the information described by Subsection (b)
3-19     to a domestic relations office or friend of the court that makes a
3-20     request for information under Subsection (a).
3-21           SECTION 4.  Section 233.003, Family Code, as added by Chapter
3-22     420, Acts of the 75th Legislature, Regular Session, 1997, is
3-23     amended to read as follows:
3-24           Sec. 233.003.  APPLICATION FOR SERVICES NOT REQUIRED.  The
3-25     Title IV-D agency may not require an application for services as a
3-26     condition for:
3-27                 (1)  releasing information under Section 233.001 [to a
3-28     custodial parent or to the person designated by the parent]; or
3-29                 (2)  including a case in the state case registry under
3-30     Section 233.002.
3-31           SECTION 5.  The importance of this legislation and the
3-32     crowded condition of the calendars in both houses create an
3-33     emergency and an imperative public necessity that the
3-34     constitutional rule requiring bills to be read on three several
3-35     days in each house be suspended, and this rule is hereby suspended,
3-36     and that this Act take effect and be in force from and after its
3-37     passage, and it is so enacted.
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