By Cain                                               S.B. No. 1757
         76R363 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of private child support collectors.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4                       ARTICLE 1.  GENERAL PROVISIONS
 1-5           SECTION 1.01.  DEFINITIONS.  In this Act:
 1-6                 (1)  "Private child support collector" means a person
 1-7     who engages in the collection of child support for a fee or other
 1-8     consideration.  The term does not include:
 1-9                       (A)  the state agency designated to serve as the
1-10     state's Title IV-D agency in accordance with Part D, Subchapter IV,
1-11     Social Security Act (42 U.S.C. Section 651 et seq.), or a similar
1-12     entity of another state or political subdivision; or
1-13                       (B)  a contractor awarded a contract under
1-14     Chapter 234, Family Code, as added by Chapter 420, Acts of the 75th
1-15     Legislature, Regular Session, 1997.
1-16                 (2)  "Registered location" means a business location
1-17     for which a private child support collector's certificate of
1-18     registration is issued under this Act.
1-19           SECTION 1.02.  WAIVER VOID.  A waiver of a provision of this
1-20     Act by a person is void.
1-21              ARTICLE 2. REGISTRATION AND DISCLOSURE STATEMENT
1-22           SECTION 2.01.  REGISTRATION REQUIRED.  (a)  A person may not
1-23     act as a private child support collector unless the person is
1-24     registered under this Act.
 2-1           (b)  A contract for the collection of child support by an
 2-2     unregistered private child support collector is void.
 2-3           SECTION 2.02.  APPLICATION REQUIREMENTS.  (a)  An applicant
 2-4     for registration as a private child support collector must file
 2-5     with the attorney general an application stating:
 2-6                 (1)  the applicant's name, street address, and
 2-7     telephone number;
 2-8                 (2)  the name under which the applicant is doing or
 2-9     intends to do business, if different from the applicant's name;
2-10                 (3)  if the applicant's business is incorporated:
2-11                       (A)  the applicant's business name registered
2-12     with the secretary of state;
2-13                       (B)  the location of the applicant's registered
2-14     business office; and
2-15                       (C)  the name and address of each person who
2-16     directly or indirectly owns or controls 10 percent or more of the
2-17     outstanding shares of stock in the applicant's business;
2-18                 (4)  each registered location for which a certificate
2-19     of registration will be issued and the applicant's principal
2-20     business location;
2-21                 (5)  any assumed name under which the applicant is
2-22     doing business; and
2-23                 (6)  any litigation, or unresolved complaint filed with
2-24     a governmental authority of this state, relating to the business
2-25     operation of the applicant.
2-26           (b)  If there is no litigation or unresolved complaint
2-27     described by Subsection (a)(6) of this section, an application
 3-1     filed under this section must contain a notarized statement that
 3-2     there has been no litigation or unresolved complaint of that type.
 3-3           SECTION 2.03.  ISSUANCE OF CERTIFICATE OF REGISTRATION.  (a)
 3-4     The attorney general shall issue a certificate of registration and
 3-5     mail the certificate to the applicant on receipt of:
 3-6                 (1)  a completed application;
 3-7                 (2)  the surety bond required by Section 5.01 of this
 3-8     Act; and
 3-9                 (3)  the required registration fee.
3-10           (b)  If one application is used to register more than one
3-11     registered location, the attorney general shall:
3-12                 (1)  issue a certificate of registration for each
3-13     registered location; and
3-14                 (2)  mail all of the certificates to the principal
3-15     business location stated in the application.
3-16           SECTION 2.04.  UPDATE OF CERTIFICATE OF REGISTRATION.  If the
3-17     information provided in an application for a certificate of
3-18     registration changes, the certificate holder shall amend the
3-19     application not later than the 45th day after the date on which the
3-20     information changes.
3-21           SECTION 2.05.  CERTIFICATE OF REGISTRATION NONTRANSFERABLE.
3-22     A private child support collector's certificate of registration is
3-23     not transferable.
3-24           SECTION 2.06.  TERM; RENEWAL.  (a)  A private child support
3-25     collector's certificate of registration expires on the second
3-26     anniversary of the date of issuance.
3-27           (b)  A certificate of registration may be renewed as provided
 4-1     by the attorney general.
 4-2           SECTION 2.07.  CERTIFICATE POSTING.  A certificate holder
 4-3     shall post a certificate of registration issued under this Act in a
 4-4     conspicuous place at each registered location.
 4-5           SECTION 2.08.  DISCLOSURE STATEMENT.  Before executing a
 4-6     contract for the  collection of child support, a private child
 4-7     support collector shall provide to the person contracting with the
 4-8     collector a document containing:
 4-9                 (1)  an explanation of the person's right to proceed
4-10     against the surety bond required under Section 5.01 of this Act;
4-11     and
4-12                 (2)  the name and address of the surety company that
4-13     issued the surety bond.
4-14           SECTION 2.09.  COPY OF DISCLOSURE STATEMENT.  A private child
4-15     support collector shall keep in its records a copy of a document
4-16     required under Section 2.08 of this Act, signed by the person
4-17     contracting with the collector, acknowledging receipt, until the
4-18     third anniversary of the date on which the collector provides the
4-19     document.
4-20                      ARTICLE 3.  CONTRACT FOR SERVICES
4-21           SECTION 3.01.  FORM AND TERMS OF CONTRACT.  Each contract for
4-22     the collection of child support by a private child support
4-23     collector must be in writing, dated, and signed by the person
4-24     contracting with the collector. The contract must contain:
4-25                 (1)  the amount of the fee or other consideration to be
4-26     received by the collector;
4-27                 (2)  the address of the collector's principal business
 5-1     location; and
 5-2                 (3)  the name and address of the collector's agent in
 5-3     this state authorized to receive service of process.
 5-4           SECTION 3.02.  ISSUANCE OF CONTRACT AND OTHER DOCUMENTS.  A
 5-5     private child support collector shall give to a person contracting
 5-6     with the collector for the collection of child support, when the
 5-7     document is signed, a copy of the completed contract and any other
 5-8     document the collector requires the person to sign.
 5-9           SECTION 3.03.  BREACH OF CONTRACT.  The breach by a private
5-10     child support collector of a contract under this Act, or of an
5-11     obligation arising from a contract under this Act, is a violation
5-12     of this Act.
5-13                          ARTICLE 4.  PROHIBITIONS
5-14           SECTION 4.01.  FRAUDULENT OR DECEPTIVE CONDUCT.  A private
5-15     child support collector may not directly or indirectly engage in a
5-16     fraudulent or deceptive act, practice, or course of business
5-17     relating to the offer or sale of the services of the collector.
5-18           SECTION 4.02.  ADVERTISING SERVICES WITHOUT REGISTRATION.  A
5-19     private child support collector may not advertise the services of
5-20     the collector if the collector does not have a certificate of
5-21     registration required by Article 2 of this Act.
5-22           SECTION 4.03.  CAUSING WAIVER PROHIBITED.  A private child
5-23     support collector may not attempt to cause a person to waive a
5-24     right under this Act.
5-25                           ARTICLE 5.  SURETY BOND
5-26           SECTION 5.01.  SURETY BOND.  (a)  An application for a
5-27     certificate of registration must be accompanied by a surety bond
 6-1     approved by the attorney general.
 6-2           (b)  The surety bond must be:
 6-3                 (1)  issued by a surety company authorized to do
 6-4     business in this state;
 6-5                 (2)  in the amount of $50,000; and
 6-6                 (3)  conditioned on the private child support
 6-7     collector's complying with this Act.
 6-8           SECTION 5.02.  BENEFICIARY OF SURETY BOND.  The surety bond
 6-9     of a private child support collector must be in favor of:
6-10                 (1)  this state for the benefit of a person damaged by
6-11     a violation of this Act; and
6-12                 (2)  a person damaged by a violation of this Act.
6-13           SECTION 5.03.  CANCELLATION OF SURETY BOND.  (a)  Not later
6-14     than the 30th day before the date the surety bond filed under
6-15     Section 5.01 of this Act is canceled, a surety on the bond shall
6-16     provide to the attorney general written notice of the cancellation.
6-17           (b)  If the surety bond filed under Section 5.01 of this Act
6-18     by a certificate holder is canceled, the attorney general shall
6-19     suspend the certificate holder's certificate of registration on the
6-20     date of cancellation.
6-21           SECTION 5.04.  CLAIM AGAINST SURETY BOND.  (a)  A person
6-22     making a claim against a surety bond of a private child support
6-23     collector for a violation of this Act may file suit against:
6-24                 (1)  the collector; and
6-25                 (2)  the surety.
6-26           (b)  A surety is liable only for actual damages, reasonable
6-27     attorney's fees, and court costs awarded under Section 7.02 of this
 7-1     Act.
 7-2           (c)  The aggregate liability of a surety for a collector's
 7-3     violation of this Act may not exceed the amount of the surety bond.
 7-4           SECTION 5.05.  TERM OF SURETY BOND.  The surety bond of a
 7-5     private child support collector shall be maintained until the
 7-6     second anniversary of the date on which the collector ceases
 7-7     operations.
 7-8      ARTICLE 6.  POWERS AND DUTIES OF ATTORNEY GENERAL; ADMINISTRATIVE
 7-9                                ENFORCEMENT 
7-10           SECTION 6.01.  ADMINISTRATIVE AND RULEMAKING AUTHORITY.  (a)
7-11     The attorney general shall administer this Act.
7-12           (b)  The attorney general shall adopt rules necessary for the
7-13     administration of this Act.
7-14           SECTION 6.02.  FILING FEE.  The attorney general may charge
7-15     each applicant for a certificate of registration, or renewal of a
7-16     certificate, a reasonable fee not to exceed $200 for each
7-17     certificate to cover the cost of issuance or renewal.
7-18           SECTION 6.03.  DISCIPLINARY ACTION.  After notice and
7-19     hearing, the attorney general may deny an application for a
7-20     certificate of registration, or permanently revoke or suspend for a
7-21     definite period a private child support collector's certificate of
7-22     registration, on a finding by the attorney general that the
7-23     applicant or certificate holder:
7-24                 (1)  provided false information on an application or
7-25     other document filed with the attorney general;
7-26                 (2)  failed to file or maintain the surety bond as
7-27     required by Article 5 of this Act; or
 8-1                 (3)  failed to provide the disclosure required by
 8-2     Section 2.08 of this Act.
 8-3              ARTICLE 7.  CRIMINAL PENALTIES AND CIVIL REMEDIES
 8-4           SECTION 7.01.  CRIMINAL PENALTY.  (a)  A person commits an
 8-5     offense if the person violates this Act.
 8-6           (b)  An offense under this section is a Class A misdemeanor.
 8-7           SECTION 7.02.  DAMAGES.  (a)  A person injured by a violation
 8-8     of this Act is  entitled to recover:
 8-9                 (1)  actual damages;
8-10                 (2)  reasonable attorney's fees; and
8-11                 (3)  court costs.
8-12           (b)  A plaintiff who prevails in an action under this section
8-13     may also be awarded punitive damages.
8-14           SECTION 7.03.  DECEPTIVE TRADE PRACTICE.  A violation of this
8-15     Act is a deceptive trade practice actionable under Subchapter E,
8-16     Chapter 17, Business & Commerce Code.
8-17                    ARTICLE 8.  EFFECTIVE DATE; EMERGENCY
8-18           SECTION 8.01.  EFFECTIVE DATE.  This Act takes effect
8-19     September 1, 1999.
8-20           SECTION 8.02.  EMERGENCY CLAUSE.  The importance of this
8-21     legislation and the crowded condition of the calendars in both
8-22     houses create an emergency and an imperative public necessity that
8-23     the constitutional rule requiring bills to be read on three several
8-24     days in each house be suspended, and this rule is hereby suspended.