HBA-SEP, LJP C.S.H.B. 769 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 769 By: King, Phil Juvenile Justice & Family Issues 2/25/2001 Committee Report (Substituted) 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, a clerk is 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 has become necessary to increase staff to meet the mandated clerical functions. C.S.H.B. 769 requires the Office of the Attorney General, the designated Title IV-D agency, 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 C.S.H.B. 769 amends the Family Code to authorize a district clerk to charge a Title IV-D agency 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original by providing that the filing fee not exceed $15 rather than providing a set filing fee of $15.