By Harris S.B. No. 887
76R8241 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain payments to the state disbursement unit and
1-3 the transfer of certain child support information from the state
1-4 case registry and disbursement unit to a local registry.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 158, Family Code, is
1-7 amended by adding Section 158.212 to read as follows:
1-8 Sec. 158.212. IMPROPER PAYMENT. If an employer remits a
1-9 payment to an incorrect office or person, the employer shall remit
1-10 the payment to the agency or person identified in the order of
1-11 withholding not later than the second working day after the date
1-12 the employer receives the returned payment.
1-13 SECTION 2. Subchapter A, Chapter 234, Family Code, as added
1-14 by Section 94, Chapter 911, Acts of the 75th Legislature, Regular
1-15 Session, 1997, is amended by amending Section 234.001 and adding
1-16 Section 234.006 to read as follows:
1-17 Sec. 234.001. ESTABLISHMENT AND OPERATION OF UNIFIED
1-18 REGISTRY AND DISBURSEMENT UNIT. The Title IV-D agency shall
1-19 establish and operate a unified state case registry and state
1-20 disbursement unit meeting the requirements of 42 U.S.C. Sections
1-21 654a(e) and 654b. The registry and unit shall:
1-22 (1) maintain records of child support orders in Title
1-23 IV-D cases and in other cases in which a child support order has
1-24 been established or modified in this state on or after October 1,
2-1 1998;
2-2 (2) receive, maintain, and furnish records of child
2-3 support payments in Title IV-D cases and other cases as required by
2-4 law;
2-5 (3) in a Title IV-D case, monitor support payments and
2-6 initiate appropriate enforcement actions immediately on the
2-7 occurrence of a delinquency in payment;
2-8 (4) distribute child support payments as required by
2-9 law; [and]
2-10 (5) maintain custody of official child support payment
2-11 records in the registry and disbursement unit; and
2-12 (6) send to a local registry each day in a medium
2-13 acceptable to the local registry the following information:
2-14 (A) the cause number of the suit under which
2-15 withholding is required;
2-16 (B) the payor's name and social security number;
2-17 (C) the payee's name;
2-18 (D) the date the disbursement unit received the
2-19 payment;
2-20 (E) the amount of the payment;
2-21 (F) the instrument identification information;
2-22 and
2-23 (G) the date the payment was withheld.
2-24 Sec. 234.006. RETURN OF PAYMENTS. Not later than the second
2-25 working day after the date the state disbursement unit receives a
2-26 child support payment, the state disbursement unit shall:
2-27 (1) distribute the payment to the Title IV-D agency or
3-1 the obligee; or
3-2 (2) return the payment to the person who remitted the
3-3 payment if the state disbursement unit:
3-4 (A) does not process child support payments for
3-5 the case for which the payment is made; or
3-6 (B) has insufficient information to identify the
3-7 case for which the payment is made.
3-8 SECTION 3. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.