By Goodman                                             H.B. No. 595
         77R2743 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the liability of the Title IV-D agency for certain
 1-3     costs incurred in providing child support services.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 231.205, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 231.205.  LIMITATIONS ON LIABILITY OF TITLE IV-D AGENCY
 1-8     [ATTORNEY GENERAL] FOR AUTHORIZED FEES AND COSTS.  [(a)  The Title
 1-9     IV-D agency is liable for a fee or cost under this subchapter only
1-10     to the extent that an express, specific appropriation is made to
1-11     the agency exclusively for that purpose.  To the extent that state
1-12     funds are not available, the amount of costs and fees that are not
1-13     reimbursed by the federal government and that represent the state
1-14     share shall be paid by certified public expenditure by the county
1-15     through the clerk of the court, sheriff, or constable.  This
1-16     section does not prohibit the agency from spending other funds
1-17     appropriated for child support enforcement to provide the initial
1-18     expenditures necessary to qualify for the federal share.]
1-19           [(b)]  The Title IV-D agency is liable for the payment of the
1-20     federal share of reimbursement for fees and costs under this
1-21     subchapter only to the extent that the federal share is received,
1-22     and if an amount is paid by the agency and that amount is
1-23     disallowed by the federal government or the federal share is not
1-24     otherwise received, the clerk of the court, sheriff, or constable
 2-1     to whom the payment was made shall return the amount to the agency
 2-2     not later than the 30th day after the date on which notice is given
 2-3     by the agency.  If an amount is disallowed by the federal
 2-4     government or the federal share is not otherwise received, the
 2-5     Title IV-D agency is liable for the costs and fees that represent
 2-6     the state share.
 2-7           SECTION 2.  Subchapter A, Chapter 234, Family Code, is
 2-8     amended by adding Section 234.012 to read as follows:
 2-9           Sec. 234.012.  LIABILITY OF TITLE IV-D AGENCY FOR COSTS AND
2-10     FEES.  (a)  The Title IV-D agency is liable for the costs incurred
2-11     in establishing and operating the state case registry and state
2-12     disbursement unit.
2-13           (b)  The Title IV-D agency shall reimburse a county for the
2-14     expenses incurred by the county in the initial gathering of data
2-15     regarding court orders necessary to establish the records under
2-16     Section 234.001.
2-17           (c)  The Title IV-D agency shall provide to a local registry:
2-18                 (1)  the computer hardware and software necessary to
2-19     operate the state disbursement unit; and
2-20                 (2)  the computer connectivity necessary for the
2-21     registry to access the payment identification database and receipt
2-22     and disbursement system in the state disbursement unit, including,
2-23     if necessary, access to the Internet or other means to access the
2-24     database.
2-25           (d)  The Title IV-D agency may not charge a fee to a county
2-26     for obtaining information from the state case registry or state
2-27     disbursement unit.
 3-1           SECTION 3.  This Act takes effect September 1, 2001, and
 3-2     applies only to a cost incurred on or after that date.  A cost
 3-3     incurred before the effective date of this Act is governed by the
 3-4     law in effect on the date the cost was incurred, and the former law
 3-5     is continued in effect for that purpose.