HBA-SEP, LJP H.B. 769 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 769
By: King, Phil
Juvenile Justice & Family Issues
8/28/2001
Enrolled



BACKGROUND AND PURPOSE 

Current law authorizes a district clerk to charge a filing fee for both an
order of withholding that establishes the amount of child support to be
withheld by an employer and an application for judicial writ of withholding
when an arrearage occurs.  However, prior to the 77th Legislature, a clerk
was not authorized to charge a filing fee for an administrative writ of
withholding to enforce an existing order when arrearages occur.  An
administrative writ may be sent to a new employer each time the obligor
changes employment which can result in several writs for the same case
being filed with the district clerk.  As a result, in larger counties where
many writs are filed, it is necessary to increase staff to meet the
mandated clerical functions.  House Bill 769 requires the Office of the
Attorney General to pay a filing fee for an administrative writ of
withholding affecting child support.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 769 amends the Family Code to authorize a district clerk to
charge the Office of the Attorney General a filing fee not to exceed $15
for an administrative writ of withholding in a Title IV-D case that affects
withholding earnings for child support. 

EFFECTIVE DATE

September 1, 2001.