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.