By Goodman, et al. H.B. No. 1365
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment, modification, and enforcement of
1-3 child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 101.015, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 101.015. HEALTH INSURANCE. "Health insurance" means
1-8 insurance coverage that provides basic health care services,
1-9 including usual physician services, office visits, hospitalization,
1-10 and laboratory, X-ray, and emergency services, that may be provided
1-11 through a health maintenance organization or other private or
1-12 public organization, other than medical assistance under Chapter
1-13 32, Human Resources Code.
1-14 SECTION 2. Section 102.013, Family Code, is amended by adding
1-15 Subsection (c) to read as follows:
1-16 (c) In a suit to determine parentage under this title in
1-17 which the court has rendered an order relating to an earlier born
1-18 child of the same parents, the clerk shall file the suit and all
1-19 other papers relating to the suit under the same docket number as
1-20 the prior parentage action. For all other purposes, including the
1-21 assessment of fees and other costs, the suit is a separate suit.
1-22 SECTION 3. Section 154.008, Family Code, is amended to read
1-23 as follows:
1-24 Sec. 154.008. PROVISION FOR MEDICAL SUPPORT [HEALTH
2-1 INSURANCE COVERAGE]. The court shall order medical support [health
2-2 insurance coverage] for the child as provided by Subchapters B and
2-3 D.
2-4 SECTION 4. Section 154.009, Family Code, is amended by adding
2-5 Subsection (d) to read as follows:
2-6 (d) Notwithstanding Subsection (a), the court may order
2-7 retroactive child support for a child for a period after the
2-8 termination of a previous child support order for the child if the
2-9 termination resulted from the marriage or remarriage of the child's
2-10 parents.
2-11 SECTION 5. Section 154.012, Family Code, is amended to read
2-12 as follows:
2-13 Sec. 154.012. SUPPORT PAID IN EXCESS [AFTER TERMINATION] OF
2-14 SUPPORT ORDER. (a) If an [the] obligor is not in arrears and the
2-15 obligor's child support obligation has terminated, the [an] obligee
2-16 shall return to the [an] obligor a child support payment made by
2-17 the obligor that exceeds the amount of support ordered, regardless
2-18 of whether the payment was made before, on, or after the date the
2-19 child support obligation [order has] terminated.
2-20 (b) An obligor may file a suit to recover a child support
2-21 payment under Subsection (a). If the court finds that the obligee
2-22 failed to return a child support payment under Subsection (a), the
2-23 court shall order the obligee to pay to the obligor attorney's fees
2-24 and all court costs in addition to the amount of support paid after
2-25 the date the child support order terminated. For good cause shown,
2-26 the court may waive the requirement that the obligee pay attorney's
2-27 fees and costs if the court states the reasons supporting that
3-1 finding.
3-2 SECTION 6. Subchapter A, Chapter 154, Family Code, is amended
3-3 by adding Section 154.013 to read as follows:
3-4 Sec. 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER
3-5 DEATH OF OBLIGEE. (a) A child support obligation does not
3-6 terminate on the death of the obligee but continues as an
3-7 obligation to the child named in the support order, as required by
3-8 this section.
3-9 (b) Notwithstanding any provision of the Probate Code, an
3-10 arrearage owed under the support order, a child support payment
3-11 held by the Title IV-D agency, a local registry, or the state
3-12 disbursement unit, or any uncashed check or warrant representing a
3-13 child support payment made before, on, or after the date of death
3-14 of the obligee shall be paid proportionately for the benefit of
3-15 each surviving child named in the support order and not to the
3-16 estate of the obligee. The payment is free of any creditor's claim
3-17 against the deceased obligee's estate as provided by Subsection
3-18 (c).
3-19 (c) If the obligor does not assume actual care, control, and
3-20 possession of the child on the death of the obligee, current child
3-21 support owed by the obligor for the benefit of the child or any
3-22 amount described by Subsection (b) shall be paid to:
3-23 (1) a person, other than a parent, who is appointed as
3-24 managing conservator of the child;
3-25 (2) a guardian of the child appointed under Chapter
3-26 XIII, Texas Probate Code, as provided by that code; or
3-27 (3) the surviving child, if the child is an adult or
4-1 has otherwise had the disabilities of minority removed.
4-2 (d) If the obligor has not assumed actual care, control, and
4-3 possession of the child, on presentation of the obligee's death
4-4 certificate, the court shall render an order directing payment of
4-5 current child support amounts, arrearages, and support paid but not
4-6 disbursed to be made as provided by Subsection (c). A copy of the
4-7 order shall be provided to:
4-8 (1) the obligor;
4-9 (2) the managing conservator or guardian of the child,
4-10 if one has been appointed;
4-11 (3) the local registry or state disbursement unit and,
4-12 if appropriate, the Title IV-D agency; and
4-13 (4) the child named in the support order, if the child
4-14 is an adult or has otherwise had the disabilities of minority
4-15 removed.
4-16 (e) The order under Subsection (d) must contain:
4-17 (1) a statement that the obligee is deceased and that
4-18 child support amounts otherwise payable to the obligee shall be
4-19 paid for the benefit of a surviving child named in the support
4-20 order as provided by Subsection (c);
4-21 (2) the name and age of each child named in the
4-22 support order; and
4-23 (3) the name and mailing address of the managing
4-24 conservator or guardian of the child, if one has been appointed.
4-25 (f) On receipt of the order required under this section, the
4-26 local registry, state disbursement unit, or Title IV-D agency shall
4-27 disburse payments as required by the order.
5-1 SECTION 7. Section 154.064, Family Code, is amended to read
5-2 as follows:
5-3 Sec. 154.064. MEDICAL SUPPORT [HEALTH INSURANCE] FOR CHILD
5-4 PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
5-5 child are based on the assumption that the court will order the
5-6 obligor to provide medical support [health insurance coverage] for
5-7 the child in addition to the amount of child support calculated in
5-8 accordance with those guidelines.
5-9 SECTION 8. Section 154.130, Family Code, is amended by adding
5-10 Subsection (c) to read as follows:
5-11 (c) The application of the guidelines under Section 154.129
5-12 does not constitute a variance from the child support guidelines
5-13 requiring specific findings by the court under this section.
5-14 SECTION 9. Section 154.185, Family Code, is amended to read
5-15 as follows:
5-16 Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The court
5-17 shall order a parent providing health insurance to furnish to
5-18 either the obligee, obligor, [local domestic relations office,] or
5-19 child support [Title IV-D] agency the following information not
5-20 later than the 30th day after the date the notice of rendition of
5-21 the order is received:
5-22 (1) the social security number of the parent;
5-23 (2) the name and address of the parent's employer;
5-24 (3) whether the employer is self-insured or has health
5-25 insurance available;
5-26 (4) proof that health insurance has been provided for
5-27 the child;
6-1 (5) if the employer has health insurance available,
6-2 the name of the health insurance carrier, the number of the policy,
6-3 a copy of the policy and schedule of benefits, a health insurance
6-4 membership card, claim forms, and any other information necessary
6-5 to submit a claim; and
6-6 (6) if the employer is self-insured, a copy of the
6-7 schedule of benefits, a membership card, claim forms, and any other
6-8 information necessary to submit a claim.
6-9 (b) The court shall also order a parent providing health
6-10 insurance to furnish the obligor, obligee, [local domestic
6-11 relations office,] or child support [Title IV-D] agency with
6-12 additional information regarding health insurance coverage not
6-13 later than the 15th day after the date the information is received
6-14 by the parent.
6-15 SECTION 10. Section 155.205, Family Code, is amended to read
6-16 as follows:
6-17 Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On
6-18 rendition of an order transferring continuing, exclusive
6-19 jurisdiction to another court, the transferring court shall also
6-20 order that all future payments of child support be made to the
6-21 local registry of the transferee court[, the Title IV-D agency,]
6-22 or, if payments have previously been directed to the state
6-23 disbursement unit, to the state disbursement unit.
6-24 (b) The transferring court's local registry[, the Title IV-D
6-25 agency,] or the state disbursement unit shall continue to receive,
6-26 record, and forward child support payments to the payee until it
6-27 receives notice that the transferred case has been docketed by the
7-1 transferee court.
7-2 (c) After receiving notice of docketing from the transferee
7-3 court, the transferring court's local registry shall send a
7-4 certified copy of the child support payment record to the clerk of
7-5 the transferee court and shall forward any payments received to the
7-6 transferee court's local registry or to the state disbursement
7-7 unit, as appropriate.
7-8 SECTION 11. Section 156.408(b), Family Code, is amended to
7-9 read as follows:
7-10 (b) If both parties and the child reside in this state, a
7-11 court of this state may modify an order of child support rendered
7-12 by an appropriate tribunal of another state after registration of
7-13 the order as provided by [and any aspect of conservatorship as
7-14 provided by this chapter without reference to] Chapter 159.
7-15 SECTION 12. Section 156.409, Family Code, is amended to read
7-16 as follows:
7-17 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. (a) If the
7-18 sole managing conservator of a child or the joint managing
7-19 conservator who designates the child's primary residence has
7-20 voluntarily relinquished the actual care, control, and possession
7-21 of the child for at least six months, the court may modify an order
7-22 providing for the support of the child to provide that the person
7-23 having physical possession of the child shall have the right to
7-24 receive and give receipt for payments of support for the child and
7-25 to hold or disburse money for the benefit of the child.
7-26 (b) Notice of a motion for modification under this section
7-27 may be served in the manner for serving a notice under Section
8-1 157.065.
8-2 SECTION 13. Section 157.264, Family Code, is amended to read
8-3 as follows:
8-4 Sec. 157.264. ENFORCEMENT OF JUDGMENT [BY INCOME
8-5 WITHHOLDING]. (a) A money judgment rendered as provided in this
8-6 subchapter may be enforced by any means available for the
8-7 enforcement of a judgment for debts.
8-8 (b) The court may render [and by] an order requiring:
8-9 (1) that income be withheld from the disposable
8-10 earnings of the obligor in an amount sufficient to discharge the
8-11 judgment in not more than two years; or
8-12 (2) if the obligor is not subject to income
8-13 withholding, that the obligor make periodic payments to the obligee
8-14 in an amount sufficient to discharge the judgment within a
8-15 reasonable time.
8-16 SECTION 14. Section 157.311, Family Code, is amended to read
8-17 as follows:
8-18 Sec. 157.311. DEFINITIONS. In this subchapter:
8-19 (1) "Account" means:
8-20 (A) any type of a demand deposit account,
8-21 checking or negotiable withdrawal order account, savings account,
8-22 time deposit account, money market mutual fund account, certificate
8-23 of deposit, or any other instrument of deposit in which an
8-24 individual has a beneficial ownership either in its entirety or on
8-25 a shared or multiple party basis, including any accrued interest
8-26 and dividends; and
8-27 (B) a life insurance policy in which an
9-1 individual has a beneficial ownership or liability insurance
9-2 against which an individual has filed a claim or counterclaim,
9-3 including for workers' compensation.
9-4 (2) "Claimant" means:
9-5 (A) the obligee or a private attorney
9-6 representing the obligee;
9-7 (B) the Title IV-D agency providing child
9-8 support services;
9-9 (C) a domestic relations office or local
9-10 registry; or
9-11 (D) an attorney appointed as a friend of the
9-12 court.
9-13 (3) [(2)] "Court having continuing jurisdiction" is
9-14 the court of continuing, exclusive jurisdiction in this state or a
9-15 tribunal of another state having jurisdiction under the Uniform
9-16 Interstate Family Support Act or a substantially similar act.
9-17 (4) "Financial institution" has the meaning assigned
9-18 by 42 U.S.C. Section 669a(d)(1) and includes a depository
9-19 institution, credit union, benefit association, liability or life
9-20 insurance company, workers' compensation insurer, money market
9-21 mutual fund, and any similar entity authorized to do business in
9-22 this state.
9-23 (5) [(3)] "Lien" means a child support lien issued in
9-24 this or another state.
9-25 SECTION 15. Sections 157.312(d) and (f), Family Code, are
9-26 amended to read as follows:
9-27 (d) A child support lien arises[:]
10-1 [(1)] by operation of law against real and personal
10-2 property of an obligor for all amounts of child [overdue] support
10-3 due and owing, including any accrued interest, regardless of
10-4 whether the amounts have been adjudicated or otherwise determined,
10-5 subject to the requirements of this subchapter for perfection of
10-6 the lien [recording and notice; or]
10-7 [(2) when a court having continuing jurisdiction or,
10-8 in a Title IV-D case, the Title IV-D agency determines an amount of
10-9 arrears owed by a child support obligor].
10-10 (f) A foreclosure action under this subchapter is not
10-11 required as a prerequisite to levy and execution on a judicial
10-12 [judgment] or [an] administrative determination of arrearages as
10-13 provided by Section 157.327 [arrears rendered after notice and
10-14 opportunity for hearing].
10-15 SECTION 16. Section 157.313, Family Code, is amended to read
10-16 as follows:
10-17 Sec. 157.313. CONTENTS OF CHILD SUPPORT LIEN NOTICE. (a)
10-18 Except as provided by Subsection (e), a [A] child support lien
10-19 notice must contain:
10-20 (1) the name and address of the person to whom the
10-21 notice is being sent;
10-22 (2) the style, docket or cause number, and identity of
10-23 the tribunal of this or another state having continuing
10-24 jurisdiction of the child support action and, if the case is a
10-25 Title IV-D case, the case number;
10-26 (3) [(2)] the full name, address, and, if known
10-27 [available], the birth date, driver's license number, [and] social
11-1 security number, and any aliases of the obligor;
11-2 (4) [(3)] the full name and, if known, social security
11-3 number[, if available,] of the obligee [and the child];
11-4 (5) [(4)] the amount of the current or prospective
11-5 child support obligation, the frequency with which current or
11-6 prospective child support is ordered to be paid, and the amount of
11-7 child support arrearages owed by the obligor and the date of the
11-8 signing of the court order, administrative order, or writ that
11-9 determined the arrearages or the date and manner in which the
11-10 arrearages were determined;
11-11 (6) [(5)] the rate of interest specified in the court
11-12 order, administrative order, or writ or, in the absence of a
11-13 specified interest rate, the rate provided for by law;
11-14 (7) [(6)] the name and address of the person or agency
11-15 asserting the lien; [and]
11-16 (8) [(7)] the motor vehicle identification number as
11-17 shown on the obligor's title if the property is a motor vehicle;
11-18 (9) a statement that the lien attaches to all
11-19 nonexempt real and personal property of the obligor that is located
11-20 or recorded in the state, including any property specifically
11-21 identified in the notice;
11-22 (10) a statement that any ordered child support not
11-23 timely paid in the future constitutes a final judgment for the
11-24 amount due and owing, including interest, and accrues up to an
11-25 amount that may not exceed the lien amount; and
11-26 (11) a statement that the obligor is being provided a
11-27 copy of the lien notice and that the obligor may dispute the
12-1 arrearage amount by filing suit under Section 157.323.
12-2 (b) A claimant may include any other information that the
12-3 claimant considers necessary.
12-4 (c) The lien notice must be verified.
12-5 (d) A claimant must file a notice for each after-acquired
12-6 motor vehicle.
12-7 (e) A notice of a lien for child support under this section
12-8 may be in the form authorized by federal law or regulation.
12-9 SECTION 17. Section 157.314, Family Code, is amended to read
12-10 as follows:
12-11 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT;
12-12 NOTICE TO OBLIGOR. (a) A child support lien notice or an abstract
12-13 of judgment for past due child support may be filed by the claimant
12-14 with the county clerk of:
12-15 (1) any county in which the obligor is believed to own
12-16 nonexempt real or personal property;
12-17 (2) the county in which the obligor resides; or
12-18 (3) the county in which the court having continuing
12-19 jurisdiction has venue of the suit affecting the parent-child
12-20 relationship.
12-21 (b) A child support lien notice may be filed with or
12-22 delivered to the following, as appropriate:
12-23 (1) the clerk of the court in which a claim,
12-24 counterclaim, or suit by, or on behalf of, the obligor, including a
12-25 claim or potential right to proceeds from an estate as an heir,
12-26 beneficiary, or creditor, is pending, provided that a copy of the
12-27 lien is mailed to the attorney of record for the obligor, if any;
13-1 (2) an attorney who represents the obligor in a claim
13-2 or counterclaim that has not been filed with a court;
13-3 (3) any other individual or organization believed to
13-4 be in possession of real or personal property of the obligor; or
13-5 (4) any governmental unit or agency that issues or
13-6 records certificates, titles, or other indicia of property
13-7 ownership.
13-8 (c) Not later than the 21st day after the date of filing or
13-9 delivering the child support lien notice, the claimant shall
13-10 provide a copy of the notice to the obligor by first class or
13-11 certified mail, return receipt requested, addressed to the obligor
13-12 at the obligor's last known address. If another person is known to
13-13 have an ownership interest in the property subject to the lien, the
13-14 claimant shall provide a copy of the lien notice to that person at
13-15 the time notice is provided to the obligor.
13-16 (d) If a child support lien notice is delivered to a
13-17 financial institution with respect to an account of the obligor,
13-18 the institution shall immediately:
13-19 (1) provide the claimant with the last known address
13-20 of the obligor; and
13-21 (2) notify any other person having an ownership
13-22 interest in the account that the account has been frozen in an
13-23 amount not to exceed the amount of the child support arrearage
13-24 identified in the notice.
13-25 SECTION 18. Subchapter G, Chapter 157, Family Code, is
13-26 amended by adding Section 157.3145 to read as follows:
13-27 Sec. 157.3145. SERVICE ON FINANCIAL INSTITUTION. Service of
14-1 a child support lien notice on a financial institution in the name
14-2 of, or in behalf of, an obligor is governed by Section 59.008,
14-3 Finance Code, or any other applicable law.
14-4 SECTION 19. Section 157.315, Family Code, is amended to read
14-5 as follows:
14-6 Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt
14-7 of a child support lien notice, the county clerk shall immediately
14-8 record the notice in the county judgment records as provided in
14-9 Chapter 52, Property Code.
14-10 (b) The county clerk may not charge the Title IV-D agency, a
14-11 domestic relations office, a friend of the court, or any other
14-12 party a fee for recording the notice of a lien. To qualify for
14-13 this exemption, the lien notice must be styled "Notice of Child
14-14 Support Lien[.]" or be in the form authorized by federal law or
14-15 regulation.
14-16 (c) The county clerk may not charge the Title IV-D agency, a
14-17 domestic relations office, or a friend of the court a fee for
14-18 recording the release of a child support lien. The lien release
14-19 must be styled "Release of Child Support Lien."
14-20 SECTION 20. Section 157.316(a), Family Code, is amended to
14-21 read as follows:
14-22 (a) Except as provided by Subsection (b), a child support
14-23 lien is perfected when an abstract of judgment for past due child
14-24 support or a child support lien notice is filed or delivered [with
14-25 the county clerk] as provided by Section 157.314 [this subchapter].
14-26 SECTION 21. Section 157.317(a), Family Code, is amended to
14-27 read as follows:
15-1 (a) A child support lien attaches to all real and personal
15-2 property not exempt under the Texas Constitution or other law,
15-3 including an [a depository] account in a financial institution,
15-4 [including a mutual fund money market account, or] a retirement
15-5 plan, including an individual retirement account, the proceeds of a
15-6 life insurance policy, a claim for negligence, personal injury, or
15-7 workers' compensation, or an insurance award for the claim, due to
15-8 or owned by the obligor on or after the date the lien notice or
15-9 abstract of judgment is filed with the county clerk of the county
15-10 in which the property is located, with the court clerk as to
15-11 property or claims in litigation, or, as to property of the obligor
15-12 in the possession or control of a third party, from the date the
15-13 lien notice is filed with that party. [Service of a lien notice on
15-14 a financial institution relating to property held by the financial
15-15 institution in the name of or on behalf of an obligor who is a
15-16 customer of the financial institution is governed by Section
15-17 59.008, Finance Code.]
15-18 SECTION 22. Sections 157.318(a) and (b), Family Code, are
15-19 amended to read as follows:
15-20 (a) A lien is effective until all current support and child
15-21 support arrearages, including interest and any costs and reasonable
15-22 attorney's fees, have been paid or the lien is otherwise released
15-23 as provided by this subchapter.
15-24 (b) The lien secures payment of all child support arrearages
15-25 owed by the obligor under the underlying child support order,
15-26 including arrearages that accrue after the [administrative or
15-27 judicial determination of arrearages stated in the] lien notice was
16-1 filed or delivered as provided by Section 157.314.
16-2 SECTION 23. Section 157.319, Family Code, is amended by
16-3 adding Subsection (c) to read as follows:
16-4 (c) This section does not affect the validity or priority of
16-5 a lien of a health care provider, a lien for attorney's fees, or a
16-6 lien of a holder of a security interest. This section does not
16-7 affect the assignment of rights or subrogation of a claim under
16-8 Title XIX of the federal Social Security Act (42 U.S.C. Section
16-9 1396 et seq.), as amended.
16-10 SECTION 24. Section 157.321, Family Code, is amended to read
16-11 as follows:
16-12 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A child support
16-13 lien claimant may at any time release a lien on all or part of the
16-14 property of the obligor or return seized property, without
16-15 liability, if assurance of payment is considered adequate by the
16-16 claimant or if the release or return will facilitate the collection
16-17 of the arrearages. The release or return may not operate to
16-18 prevent future action to collect from the same or other property
16-19 owned by the obligor.
16-20 SECTION 25. Section 157.322, Family Code, is amended to read
16-21 as follows:
16-22 Sec. 157.322. MANDATORY RELEASE OF LIEN. (a) On payment in
16-23 full of the amount of child support due, together with any costs
16-24 and reasonable attorney's fees, the child support lien claimant
16-25 shall execute and deliver to the obligor or the obligor's attorney
16-26 a release of the child support lien.
16-27 (b) The release of the child support lien is effective when:
17-1 (1) filed with the county clerk with whom the lien
17-2 notice or abstract of judgment was filed; or
17-3 (2) delivered to[. A copy of the release of lien may
17-4 be filed with] any other individual or organization that may have
17-5 been served with a lien notice under this subchapter.
17-6 SECTION 26. Sections 157.323(a) and (b), Family Code, are
17-7 amended to read as follows:
17-8 (a) In addition to any other remedy provided by law, an
17-9 action to foreclose a child support lien, [or] to dispute the
17-10 amount of arrearages stated in the lien, or to resolve issues of
17-11 ownership interest with respect to property subject to a child
17-12 support lien may be brought in:
17-13 (1) the court in which the lien notice was filed under
17-14 Section 157.314(b)(1);
17-15 (2) [of continuing jurisdiction or, if there is no
17-16 court of continuing jurisdiction in this state, in] the district
17-17 court of the county in which the property is or was located and the
17-18 lien was filed; or
17-19 (3) the court of continuing jurisdiction.
17-20 (b) The procedures provided by Subchapter B apply to a
17-21 foreclosure action under this section, except that a person or
17-22 organization in possession of the property of the obligor or known
17-23 to have an ownership interest in property that is subject to the
17-24 lien may be joined as an additional respondent.
17-25 SECTION 27. Section 157.324, Family Code, is amended to read
17-26 as follows:
17-27 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
18-1 LIEN. A person who knowingly disposes of property subject to a
18-2 child support lien, [or] who, after a foreclosure hearing, fails to
18-3 surrender on demand nonexempt personal property as directed by a
18-4 court or administrative order under this subchapter, or who fails
18-5 to comply with a notice of levy under this subchapter is liable to
18-6 the claimant in an amount equal to the arrearages for which the
18-7 lien, notice of levy, or foreclosure judgment was issued.
18-8 SECTION 28. Section 157.325(a), Family Code, is amended to
18-9 read as follows:
18-10 (a) If a person has in the person's possession earnings,
18-11 deposits, accounts, [or] balances, or other funds or assets of the
18-12 obligor, including the proceeds of a judgment or other settlement
18-13 of a claim or counterclaim due to the obligor that are in excess of
18-14 the amount of arrearages specified in the child support lien, the
18-15 holder of the nonexempt personal property or the obligor may
18-16 request that the claimant release any excess amount from the lien.
18-17 The claimant shall grant the request and discharge any lien on the
18-18 excess amount unless the security for the arrearages would be
18-19 impaired.
18-20 SECTION 29. Section 157.326, Family Code, is amended to read
18-21 as follows:
18-22 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON
18-23 HAVING OWNERSHIP INTEREST. (a) A spouse of an obligor or another
18-24 person having an ownership interest in property that is subject to
18-25 a child support lien may file suit under Section 157.323 to [an
18-26 affidavit with the court of continuing jurisdiction or, if there is
18-27 no court of continuing jurisdiction in this state, in the district
19-1 court of the county in which the property is or was located and the
19-2 lien was filed requesting that the court] determine the extent, if
19-3 any, of the spouse's or other person's interest in real or personal
19-4 property that is subject to:
19-5 (1) a lien perfected under this subchapter; or
19-6 (2) an action to foreclose under this subchapter.
19-7 (b) After notice to the obligor, the obligor's spouse, any
19-8 other person alleging an ownership interest, the claimant, and the
19-9 obligee, the court shall conduct a hearing and determine the
19-10 extent, if any, of the ownership interest in the property held by
19-11 the obligor's spouse or other person. If the court finds that:
19-12 (1) the property is the separate property of the
19-13 obligor's spouse or the other person, the court shall order that
19-14 the lien against the property be released and that any action to
19-15 foreclose on the property be dismissed; [or]
19-16 (2) the property is jointly owned by the obligor and
19-17 the obligor's spouse, the court shall determine whether the sale of
19-18 the obligor's interest in the property would result in an
19-19 unreasonable hardship on the obligor's spouse or family and:
19-20 (A) if so, the court shall render an order that
19-21 the obligor's interest in the property not be sold and that the
19-22 lien against the property should be released; or
19-23 (B) if not, the court shall render an order
19-24 partitioning the property and directing that the property be sold
19-25 and the proceeds applied to the child support arrearages; or
19-26 (3) the property is owned in part by another person,
19-27 other than the obligor's spouse, the court shall render an order
20-1 partitioning the property and directing that the obligor's share of
20-2 the property be applied to the child support arrearages.
20-3 (c) In a proceeding under this section, the spouse or other
20-4 person claiming an ownership interest in the property has the
20-5 burden to prove the extent of that ownership interest.
20-6 SECTION 30. Subchapter G, Chapter 157, Family Code, is
20-7 amended by adding Sections 157.327-157.331 to read as follows:
20-8 Sec. 157.327. EXECUTION AND LEVY ON FINANCIAL ASSETS OF
20-9 OBLIGOR. (a) Notwithstanding any other provision of law, if a
20-10 judgment or administrative determination of arrearages has been
20-11 rendered, a claimant may deliver a notice of levy to any financial
20-12 institution possessing or controlling assets or funds owned by, or
20-13 owed to, an obligor and subject to a child support lien, including
20-14 a lien for child support arising in another state.
20-15 (b) The notice under this section must:
20-16 (1) identify the amount of child support arrearages
20-17 owing at the time the amount of arrearages was determined; and
20-18 (2) direct the financial institution to pay to the
20-19 claimant, not earlier than the 15th day or later than the 21st day
20-20 after the date of delivery of the notice, an amount from the assets
20-21 of the obligor or from funds due to the obligor that are held or
20-22 controlled by the institution, not to exceed the amount of the
20-23 child support arrearages identified in the notice, unless:
20-24 (A) the institution is notified by the claimant
20-25 that the obligor has paid the arrearages or made arrangements
20-26 satisfactory to the claimant for the payment of the arrearages;
20-27 (B) the obligor or another person files a suit
21-1 under Section 157.323 requesting a hearing by the court; or
21-2 (C) if the claimant is the Title IV-D agency,
21-3 the obligor has requested an agency review under Section 157.328.
21-4 (c) A financial institution that receives a notice of levy
21-5 under this section may not close an account in which the obligor
21-6 has an ownership interest, permit a withdrawal from any account the
21-7 obligor owns, in whole or in part, or pay funds to the obligor so
21-8 that any amount remaining in the account is less than the amount of
21-9 the arrearages identified in the notice, plus any fees due to the
21-10 institution and any costs of the levy identified by the claimant.
21-11 (d) A financial institution that receives a notice of levy
21-12 under this section shall notify any other person having an
21-13 ownership interest in an account in which the obligor has an
21-14 ownership interest that the account has been levied on in an amount
21-15 not to exceed the amount of the child support arrearages identified
21-16 in the notice of levy.
21-17 (e) The notice of levy may be delivered to a financial
21-18 institution as provided by Section 59.008, Finance Code, if the
21-19 institution is subject to that law or may be delivered to the
21-20 registered agent, the institution's main business office in this
21-21 state, or another address provided by the institution under Section
21-22 231.307.
21-23 Sec. 157.328. NOTICE OF LEVY SENT TO OBLIGOR. (a) At the
21-24 time the notice of levy under Section 157.327 is delivered to a
21-25 financial institution, the claimant shall serve the obligor with a
21-26 copy of the notice.
21-27 (b) The notice of levy delivered to the obligor must inform
22-1 the obligor that:
22-2 (1) the claimant will not proceed with levy if, not
22-3 later than the 10th day after the date of receipt of the notice,
22-4 the obligor pays in full the amount of arrearages identified in the
22-5 notice or otherwise makes arrangements acceptable to the claimant
22-6 for the payment of the arrearage amounts; and
22-7 (2) the obligor may contest the levy by filing suit
22-8 under Section 157.323 not later than the 10th day after the date of
22-9 receipt of the notice.
22-10 (c) If the claimant is the Title IV-D agency, the obligor
22-11 receiving a notice of levy may request review by the agency not
22-12 later than the 10th day after the date of receipt of the notice to
22-13 resolve any issue in dispute regarding the existence or amount of
22-14 the arrearages. The agency shall provide an opportunity for a
22-15 review, by telephone conference or in person, as appropriate to the
22-16 circumstances, not later than the fifth business day after the date
22-17 an oral or written request from the obligor for the review is
22-18 received. If the review fails to resolve any issue in dispute, the
22-19 obligor may file suit under Section 157.323 for a hearing by the
22-20 court not later than the fifth day after the date of the conclusion
22-21 of the agency review. If the obligor fails to timely file suit, the
22-22 Title IV-D agency may request the financial institution to release
22-23 and remit the funds subject to levy.
22-24 (d) The notice under this section may be delivered to the
22-25 last known address of the obligor by first class mail, certified
22-26 mail, or registered mail.
22-27 Sec. 157.329. NO LIABILITY FOR COMPLIANCE WITH NOTICE OF
23-1 LEVY. A financial institution that possesses or has a right to an
23-2 obligor's assets for which a notice of levy has been delivered and
23-3 that surrenders the assets or right to assets to a child support
23-4 lien claimant is not liable to the obligor or any other person for
23-5 the property or rights surrendered.
23-6 Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. A
23-7 person who possesses or has a right to property that is the
23-8 subject of a notice of levy delivered to the person and who refuses
23-9 to surrender the property or right to property to the claimant on
23-10 demand is liable to the claimant in an amount equal to the value of
23-11 the property or right to property not surrendered but that does not
23-12 exceed the amount of the child support arrearages for which the
23-13 notice of levy has been filed.
23-14 Sec. 157.331. ADDITIONAL LEVY TO SATISFY ARREARAGES. If the
23-15 property or right to property on which a notice of levy has been
23-16 filed does not produce money sufficient to satisfy the amount of
23-17 child support arrearages identified in the notice of levy, the
23-18 claimant may proceed to levy on other property of the obligor until
23-19 the total amount of child support due is paid.
23-20 SECTION 31. Section 158.103, Family Code, is amended to read
23-21 as follows:
23-22 Sec. 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING. An
23-23 order of withholding or writ of withholding issued under this
23-24 chapter must contain the information required by the forms
23-25 prescribed by the Title IV-D agency under Section 158.106 [that is
23-26 necessary for an employer or other entity to comply with the
23-27 existing child support order, including:]
24-1 [(1) the style, cause number, and court having
24-2 continuing jurisdiction of the suit;]
24-3 [(2) the name, address, and, if available, the social
24-4 security number of the obligor;]
24-5 [(3) the amount and duration of the child support
24-6 payments and medical support payments or other provisions for
24-7 medical support, the amount of arrearages, accrued interest, and
24-8 ordered fees and costs;]
24-9 [(4) the name, address, and, if available, the social
24-10 security numbers of the child and the obligee;]
24-11 [(5) the name and address of the person or agency to
24-12 whom the payments shall be made;]
24-13 [(6) the amount of income to be withheld and remitted;
24-14 and]
24-15 [(7) whether the child is to be enrolled in health
24-16 insurance coverage available through the obligor's employment].
24-17 SECTION 32. Sections 158.105(b)-(d), Family Code, are amended
24-18 to read as follows:
24-19 (b) [In order to inform the employer, the clerk shall attach
24-20 a copy of Subchapter C to the order or writ.]
24-21 [(c)] The clerk shall issue and mail the certified copy of
24-22 the order or judicial writ not later than the fourth working day
24-23 after the date the order is signed or the request is filed,
24-24 whichever is later.
24-25 (c) [(d)] An order or judicial writ of withholding shall be
24-26 delivered to the employer by certified or registered mail, return
24-27 receipt requested, electronic transmission, or by service of
25-1 citation to:
25-2 (1) the person authorized to receive service of
25-3 process for the employer in civil cases generally; or
25-4 (2) a person designated by the employer, by written
25-5 notice to the clerk, to receive orders or writs of withholding.
25-6 SECTION 33. Section 158.106(a), Family Code, is amended to
25-7 read as follows:
25-8 (a) The Title IV-D agency shall prescribe forms as required
25-9 [authorized] by federal law in a standard format entitled order or
25-10 notice to withhold income for child support.
25-11 SECTION 34. Section 158.206, Family Code, is amended to read
25-12 as follows:
25-13 Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS'
25-14 COMPENSATION CLAIMS [FOR PAYMENTS]. (a) An employer receiving an
25-15 order or a writ of withholding under this chapter, including an
25-16 order or writ directing that health insurance be provided to a
25-17 child, who complies with the order or writ is not liable to the
25-18 obligor for the amount of income withheld and paid as required by
25-19 the order or writ.
25-20 (b) An employer receiving an order or writ of withholding
25-21 who does not comply with the order or writ is liable:
25-22 (1) to the obligee for the amount not paid in
25-23 compliance with the order or writ, including the amount the obligor
25-24 is required to pay for health insurance under Chapter 154;
25-25 (2) to the obligor for:
25-26 (A) the amount withheld and not paid as required
25-27 by the order or writ; and
26-1 (B) an amount equal to the interest that accrues
26-2 under Section 157.265 on the amount withheld and not paid; and
26-3 (3) for reasonable attorney's fees and court costs.
26-4 (c) If an obligor has filed a claim for workers'
26-5 compensation, the obligor's employer shall send a copy of the
26-6 income withholding order or writ to the insurance carrier with whom
26-7 the claim has been filed in order to continue the ordered
26-8 withholding of income.
26-9 SECTION 35. Section 158.501, Family Code, is amended by
26-10 adding Subsection (c) to read as follows:
26-11 (c) The Title IV-D agency may use the procedures authorized
26-12 by this subchapter to enforce a support order rendered by a
26-13 tribunal of another state regardless of whether the order has been
26-14 registered under Chapter 159.
26-15 SECTION 36. Section 158.502(c), Family Code, is amended to
26-16 read as follows:
26-17 (c) The Title IV-D agency may issue an administrative writ
26-18 of withholding as a reissuance of an existing withholding order on
26-19 file with the court of continuing jurisdiction or a tribunal of
26-20 another state. The administrative writ under this subsection is
26-21 not subject to the contest provisions of Sections 158.505(a)(2) and
26-22 158.506.
26-23 SECTION 37. Section 158.503(b), Family Code, is amended to
26-24 read as follows:
26-25 (b) Not later than the third business day after the date of
26-26 delivery of the administrative writ of withholding to an employer,
26-27 the Title IV-D agency shall file a copy of the writ, together with
27-1 a signed certificate of service, in the court of continuing
27-2 jurisdiction. The certificate of service may be signed
27-3 electronically. This subsection does not apply to the enforcement
27-4 under Section 158.501(c) of a support order rendered by a tribunal
27-5 of another state.
27-6 SECTION 38. Section 158.504(b), Family Code, is amended to
27-7 read as follows:
27-8 (b) An administrative writ of withholding issued under this
27-9 subchapter may contain only the information that is necessary for
27-10 the employer to withhold income for child support and medical
27-11 support and shall specify the place where the withheld income is to
27-12 be paid [comply with the existing support order, including the
27-13 amount of current support and medical support, the amount of
27-14 arrearages, accrued interest, and the amount of earnings to be
27-15 withheld].
27-16 SECTION 39. Section 158.505(a), Family Code, is amended to
27-17 read as follows:
27-18 (a) On issuance of an administrative writ of withholding,
27-19 the Title IV-D agency shall send the obligor:
27-20 (1) notice that the withholding has commenced,
27-21 including, if the writ is issued as provided by Section 158.502(b),
27-22 the amount of the arrearages, including accrued interest;
27-23 (2) except as provided by Section 158.502(c), notice
27-24 of the procedures to follow if the obligor desires to contest
27-25 withholding on the grounds that the identity of the obligor or the
27-26 existence or amount of arrearages is incorrect; and
27-27 (3) a copy of the administrative writ, including the
28-1 information concerning income withholding provided to the employer.
28-2 SECTION 40. Section 201.104, Family Code, is amended by
28-3 adding Subsection (e) to read as follows:
28-4 (e) Only the referring court may render an order for
28-5 postjudgment relief, including an order for a new trial.
28-6 SECTION 41. Section 201.1041(b), Family Code, is amended to
28-7 read as follows:
28-8 (b) A master's report that recommends enforcement by
28-9 contempt or the immediate incarceration of a party becomes an order
28-10 of the referring court only if:
28-11 (1) the referring court signs an order adopting the
28-12 master's recommendation; and
28-13 (2) the order meets the requirements of Section
28-14 157.166.
28-15 SECTION 42. Section 201.1042, Family Code, is amended by
28-16 adding Subsection (g) to read as follows:
28-17 (g) Until a hearing is held on a timely filed appeal under
28-18 this section, a master may not hold a hearing on the respondent's
28-19 compliance with conditions in the master's report for suspension of
28-20 incarceration.
28-21 SECTION 43. Subchapter B, Chapter 201, Family Code, is
28-22 amended by adding Section 201.113 to read as follows:
28-23 Sec. 201.113. VISITING CHILD SUPPORT MASTER. (a) If a child
28-24 support master appointed under this subchapter is temporarily
28-25 unable to perform the master's official duties because of absence
28-26 resulting from family circumstances, illness, injury, or
28-27 disability, the presiding judge of the administrative judicial
29-1 region in which the master serves may appoint a visiting child
29-2 support master to perform the duties of the master during the
29-3 period the master is unable to perform the master's duties.
29-4 (b) A person is not eligible for appointment under this
29-5 section unless the person has served as a child support master or
29-6 associate judge for at least two years before the date of
29-7 appointment.
29-8 (c) A visiting master appointed under this section is
29-9 subject to each provision of this chapter that applies to a child
29-10 support master serving under a regular appointment. A visiting
29-11 master appointed under this section is entitled to compensation to
29-12 be determined by a majority vote of the presiding judges of the
29-13 administrative judicial regions through use of funds under Section
29-14 201.105(b). A visiting judge is not considered a state employee
29-15 for any purpose.
29-16 SECTION 44. Section 231.104(a), Family Code, is amended to
29-17 read as follows:
29-18 (a) To the extent authorized by federal law, the approval of
29-19 an application for or the receipt of financial assistance as
29-20 provided by Chapter 31, Human Resources Code, constitutes an
29-21 assignment to the Title IV-D agency of any rights to support from
29-22 any other person that the applicant or recipient may have
29-23 personally or for a child for whom the applicant or recipient is
29-24 claiming assistance[, including the right to the amount accrued at
29-25 the time the application is filed or the assistance is received].
29-26 SECTION 45. Sections 231.105(a) and (b), Family Code, are
29-27 amended to read as follows:
30-1 (a) Child support payments for the benefit of a child whose
30-2 support rights have been assigned to the Title IV-D agency under
30-3 Section 231.104 shall be made payable to [and transmitted to] the
30-4 Title IV-D agency and transmitted to the state disbursement unit as
30-5 provided by Chapter 234.
30-6 (b) If a court has ordered support payments to be made to an
30-7 applicant for or recipient of financial assistance or to an [a
30-8 person other than the] applicant for or recipient of Title IV-D
30-9 services, the Title IV-D agency shall, on providing notice to the
30-10 obligee and the obligor, direct the obligor or other payor to make
30-11 support payments payable to the Title IV-D agency and to transmit
30-12 the payments to the state disbursement unit [agency]. The Title
30-13 IV-D agency shall file a copy of the notice with the court ordering
30-14 the payments and with the child support registry. The notice must
30-15 include:
30-16 (1) a statement that the child is an applicant for or
30-17 recipient of financial assistance, or a child other than a
30-18 recipient child for whom Title IV-D services are provided;
30-19 (2) the name of the child and the caretaker for whom
30-20 support has been ordered by the court;
30-21 (3) the style and cause number of the case in which
30-22 support was ordered; and
30-23 (4) instructions for the payment of ordered support to
30-24 the agency.
30-25 SECTION 46. Section 231.204, Family Code, is amended to read
30-26 as follows:
30-27 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except as
31-1 provided by this subchapter, an appellate court, a clerk of an
31-2 appellate court, a district or county clerk, sheriff, constable, or
31-3 other government officer or employee may not charge the Title IV-D
31-4 agency or a private attorney or political subdivision that has
31-5 entered into a contract to provide Title IV-D services any fees or
31-6 other amounts otherwise imposed by law for services rendered in, or
31-7 in connection with, a Title IV-D case, including:
31-8 (1) a fee payable to a district clerk for:
31-9 (A) performing services related to the estates
31-10 of deceased persons or minors;
31-11 (B) certifying copies; or
31-12 (C) comparing copies to originals;
31-13 (2) a court reporter fee, except as provided by
31-14 Section 231.209;
31-15 (3) a judicial fund fee;
31-16 (4) a fee for a child support registry, enforcement
31-17 office, or domestic relations office; [and]
31-18 (5) a fee for alternative dispute resolution services;
31-19 and
31-20 (6) a filing fee or other costs payable to a clerk of
31-21 an appellate court.
31-22 SECTION 47. Section 231.302(b), Family Code, is amended to
31-23 read as follows:
31-24 (b) A government agency, private company, institution, or
31-25 other entity shall provide the information requested under
31-26 Subsection (a) directly to the Title IV-D agency, without the
31-27 requirement of payment of a fee for the information, and shall,
32-1 subject to safeguards on privacy and information security, provide
32-2 the information in the most efficient and expeditious manner
32-3 available, including electronic or automated transfer and
32-4 interface. Any individual or entity disclosing information under
32-5 this section in response to a request from a Title IV-D agency may
32-6 not be held liable in any civil action or proceeding to any person
32-7 for the disclosure of information under this subsection.
32-8 SECTION 48. Section 231.307, Family Code, is amended by
32-9 amending Subsections (a) and (e) and adding Subsection (f) to read
32-10 as follows:
32-11 (a) The Title IV-D agency shall develop a system meeting the
32-12 requirements of federal law (42 U.S.C. Sections 666(a)(4) and (17))
32-13 [42 U.S.C. Section 666(a)(17)] for the [quarterly] exchange of data
32-14 with financial institutions doing business in the state to identify
32-15 an account of an obligor owing past-due child support and to
32-16 enforce support obligations against the obligor, including the
32-17 imposition of a lien and a levy and execution on an obligor's
32-18 assets held in financial institutions as required by federal law
32-19 (42 U.S.C. Section 666(c)(1)(G)).
32-20 (e) In this section:
32-21 (1) "Financial institution" has the meaning assigned
32-22 by [42 U.S.C.] Section 157.311 [669a(d)(1)]; and
32-23 (2) "Account" has the meaning assigned by Section
32-24 157.311 [means a demand deposit account, checking or negotiable
32-25 withdrawal order account, savings account, time deposit account, or
32-26 money market mutual fund account].
32-27 (f) A financial institution participating in data matches
33-1 authorized by this section may provide the Title IV-D agency an
33-2 address for the purpose of service of notices or process required
33-3 in actions under this section or Subchapter G, Chapter 157.
33-4 SECTION 49. Section 232.001(4), Family Code, is amended to
33-5 read as follows:
33-6 (4) "Subpoena" means a judicial or administrative
33-7 subpoena issued in a parentage determination or child support
33-8 proceeding under this title.
33-9 SECTION 50. Section 232.003, Family Code, is amended to read
33-10 as follows:
33-11 Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the
33-12 Title IV-D agency may issue an order suspending a license as
33-13 provided by this chapter if an individual who is an obligor:
33-14 (1) owes overdue [has a] child support in an amount
33-15 [arrearage] equal to or greater than the total support due for
33-16 three months [90 days] under a support order;
33-17 (2) has been provided an opportunity to make payments
33-18 toward the overdue child support [arrearage] under a court-ordered
33-19 [court order] or [an] agreed repayment schedule; and
33-20 (3) has failed to comply with the repayment schedule.
33-21 (b) A court or the Title IV-D agency may issue an order
33-22 suspending a license as provided by this chapter if a parent or
33-23 alleged parent [an individual] has failed, after receiving
33-24 appropriate notice, to comply with a subpoena.
33-25 SECTION 51. Section 232.005(a), Family Code, is amended to
33-26 read as follows:
33-27 (a) A petition under this chapter must state that license
34-1 suspension is required under Section 232.003 and allege:
34-2 (1) the name and, if known, social security number of
34-3 the individual;
34-4 (2) with regard to each license, the type, and if
34-5 known, number of any license the individual is believed to hold and
34-6 the name of the licensing authority that issued the license; and
34-7 (3) the amount of arrearages owed under the child
34-8 support order or the facts associated with the individual's failure
34-9 to comply with a subpoena.
34-10 SECTION 52. Section 232.009, Family Code, is amended to read
34-11 as follows:
34-12 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
34-13 shall consider the allegations of the petition for suspension to be
34-14 admitted and shall render an order suspending the license of an
34-15 obligor without the requirement of a hearing if the court or Title
34-16 IV-D agency determines that the individual failed to[:]
34-17 [(1)] respond to a notice issued under Section 232.006
34-18 by:
34-19 (1) requesting[;]
34-20 [(2) request] a hearing; or
34-21 (2) appearing [(3) appear] at a scheduled hearing.
34-22 SECTION 53. Section 232.011, Family Code, is amended by
34-23 adding Subsection (i) to read as follows:
34-24 (i) An order issued under this chapter to suspend a license
34-25 applies to each license issued by the licensing authority subject
34-26 to the order for which the obligor is eligible. The licensing
34-27 authority may not issue or renew any other license for the obligor
35-1 until the court or the Title IV-D agency renders an order vacating
35-2 or staying an order suspending license.
35-3 SECTION 54. Section 232.015(b), Family Code, is amended to
35-4 read as follows:
35-5 (b) A licensing authority shall provide the requested
35-6 information in the form and manner identified [agreed to] by the
35-7 Title IV-D agency [and the licensing authority].
35-8 SECTION 55. Section 233.006, Family Code, is amended to read
35-9 as follows:
35-10 Sec. 233.006. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.
35-11 (a) The notice of child support review issued by the Title IV-D
35-12 agency must:
35-13 (1) describe the procedure for a child support review,
35-14 including the procedures for requesting a negotiation conference;
35-15 (2) inform the recipient that the recipient may be
35-16 represented by legal counsel during the review process or at a
35-17 court hearing; and
35-18 (3) inform the recipient that the recipient may refuse
35-19 to participate or cease participation in the child support review
35-20 process, but that the refusal by the recipient to participate will
35-21 not prevent the completion of the process or the filing of a child
35-22 support review order[;]
35-23 [(4) include an affidavit of financial resources to be
35-24 executed by the recipient; and]
35-25 [(5) include a request that the recipient designate,
35-26 on a form provided by the Title IV-D agency, an address for mailing
35-27 any subsequent notice to the recipient].
36-1 (b) In addition to the information required by Subsection
36-2 (a), the notice of child support review may [must] inform the
36-3 recipient that:
36-4 (1) an affidavit of financial resources included with
36-5 the notice must be executed by the recipient and [the information
36-6 requested on the form must be] returned to the Title IV-D agency
36-7 not later than the 15th day after the date the notice is received
36-8 or delivered; and
36-9 (2) if the requested affidavit of financial resources
36-10 [information] is not returned as required, the agency may:
36-11 (A) proceed with the review using the
36-12 information that is available to the agency; and
36-13 (B) file a legal action without further notice
36-14 to the recipient, except as otherwise required by law.
36-15 SECTION 56. Section 233.009, Family Code, is amended by
36-16 adding Subsection (f) to read as follows:
36-17 (f) Notwithstanding any other provision of this chapter, if
36-18 the parties have agreed to the terms of a proposed child support
36-19 review order and each party has signed the order, including a
36-20 waiver of the right to service of process as provided by Section
36-21 233.018, the Title IV-D agency may immediately present the order
36-22 and waiver to the court for confirmation without conducting a
36-23 negotiation conference or requiring the production of financial
36-24 information.
36-25 SECTION 57. Section 233.0095, Family Code, is amended by
36-26 adding Subsection (f) to read as follows:
36-27 (f) Notwithstanding any other provision of this chapter, if
37-1 paternity has been acknowledged, the parties have agreed to the
37-2 terms of a proposed child support review order, and each party has
37-3 signed the order, including a waiver of the right to service of
37-4 process as provided by Section 233.018, the Title IV-D agency may
37-5 immediately present the order and waiver to the court for
37-6 confirmation without conducting a negotiation conference or
37-7 requiring the production of financial information.
37-8 SECTION 58. Section 233.018(a), Family Code, is amended to
37-9 read as follows:
37-10 (a) If a negotiation conference results in an agreement of
37-11 the parties, each party must sign the child support review order
37-12 and the order must contain as to each party:
37-13 (1) a waiver by the party of the right to service of
37-14 process and a court hearing and the making of a record on the
37-15 petition for confirmation;
37-16 (2) the mailing address of the party; and
37-17 (3) the following statement printed on the order in
37-18 boldfaced type, in capital letters, or underlined:
37-19 "I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND [KNOW THAT I
37-20 DO NOT HAVE TO SIGN] THIS CHILD SUPPORT REVIEW ORDER. I UNDERSTAND
37-21 THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY THE COURT
37-22 WITHOUT FURTHER NOTICE TO ME. I KNOW THAT I HAVE A RIGHT TO
37-23 REQUEST THAT A COURT RECONSIDER THE ORDER BY FILING A MOTION FOR A
37-24 NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY AFTER THE DATE OF THE
37-25 CONFIRMATION OF THE ORDER BY THE COURT. I KNOW THAT IF I DO NOT
37-26 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
37-27 SECTION 59. Section 233.024(a), Family Code, is amended to
38-1 read as follows:
38-2 (a) If the court finds that all parties have appropriately
38-3 agreed to a child support review order and that there is waiver of
38-4 service, the court shall sign the order not later than the third
38-5 day after the filing of the order. The court may sign the order
38-6 before filing the order, but the signed order shall immediately be
38-7 filed.
38-8 SECTION 60. Section 234.001, Family Code, is amended by
38-9 amending Subsections (a) and (c) and adding Subsection (d) to read
38-10 as follows:
38-11 (a) The Title IV-D agency shall establish and operate a
38-12 state case registry and state disbursement unit meeting the
38-13 requirements of 42 U.S.C. Sections 654a(e) and 654b and this
38-14 subchapter.
38-15 (c) The state disbursement unit shall:
38-16 (1) receive, maintain, and furnish records of child
38-17 support payments in Title IV-D cases and other cases as authorized
38-18 [required] by law;
38-19 (2) forward child support payments as authorized
38-20 [required] by law;
38-21 (3) maintain child support payment records made
38-22 through the state disbursement unit; and
38-23 (4) make available to a local registry each day in a
38-24 manner determined by the Title IV-D agency with the assistance of
38-25 the work group established under Section 234.003 the following
38-26 information:
38-27 (A) the cause number of the suit under which
39-1 withholding is required;
39-2 (B) the payor's name and social security number;
39-3 (C) the payee's name and, if available, social
39-4 security number;
39-5 (D) the date the disbursement unit received the
39-6 payment;
39-7 (E) the amount of the payment; and
39-8 (F) the instrument identification information.
39-9 (d) A certified child support payment record produced by the
39-10 state disbursement unit is admissible as evidence of the truth of
39-11 the information contained in the record and does not require
39-12 further authentication or verification.
39-13 SECTION 61. Section 234.004, Family Code, is amended to read
39-14 as follows:
39-15 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. (a) The
39-16 Title IV-D agency may enter into contracts and cooperative
39-17 agreements as necessary to establish and operate the state case
39-18 registry and state disbursement unit authorized under this
39-19 subchapter.
39-20 (b) To the extent funds are available for this purpose, the
39-21 Title IV-D agency may enter into contracts or cooperative
39-22 agreements to process through the state disbursement unit child
39-23 support collections in cases not otherwise eligible under 42 U.S.C.
39-24 Section 654b.
39-25 SECTION 62. Section 234.006, Family Code, as added by Chapter
39-26 556, Acts of the 76th Legislature, Regular Session, 1999, is
39-27 amended to read as follows:
40-1 Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. The Title IV-D
40-2 agency [shall], in cooperation with the work group established
40-3 under Section 234.003, may adopt rules[,] in compliance with
40-4 federal law[, that establish the definitions for, and the date of
40-5 and the procedures] for[:]
40-6 [(1)] the operation of the state case registry and the
40-7 state disbursement unit[; and]
40-8 [(2) the return of payments made in error or delivered
40-9 to the state disbursement unit with insufficient information for
40-10 disbursement].
40-11 SECTION 63. Section 730.005, Transportation Code, is amended
40-12 to read as follows:
40-13 Sec. 730.005. REQUIRED DISCLOSURE. Personal information
40-14 obtained by an agency in connection with a motor vehicle record
40-15 shall be disclosed for use in connection with any matter of:
40-16 (1) motor vehicle or motor vehicle operator safety;
40-17 (2) motor vehicle theft;
40-18 (3) motor vehicle emissions;
40-19 (4) motor vehicle product alterations, recalls, or
40-20 advisories;
40-21 (5) performance monitoring of motor vehicles or motor
40-22 vehicle dealers by a motor vehicle manufacturer; [or]
40-23 (6) removal of nonowner records from the original
40-24 owner records of a motor vehicle manufacturer to carry out the
40-25 purposes of:
40-26 (A) the Automobile Information Disclosure Act,
40-27 15 U.S.C. Section 1231 et seq.;
41-1 (B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
41-2 329, and 331;
41-3 (C) the Anti Car Theft Act of 1992, 18 U.S.C.
41-4 Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
41-5 Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
41-6 as amended;
41-7 (D) the Clean Air Act, 42 U.S.C. Section 7401 et
41-8 seq., as amended; and
41-9 (E) any other statute or regulation enacted or
41-10 adopted under or in relation to a law included in Paragraphs
41-11 (A)-(D); or
41-12 (7) child support enforcement under Chapter 231,
41-13 Family Code.
41-14 SECTION 64. Title 5, Finance Code, is amended by adding
41-15 Chapter 396 to read as follows:
41-16 CHAPTER 396. PRIVATE CHILD SUPPORT ENFORCEMENT AGENCIES
41-17 SUBCHAPTER A. GENERAL PROVISIONS
41-18 Sec. 396.001. DEFINITIONS. In this chapter:
41-19 (1) "Child support enforcement" means an action,
41-20 conduct, or practice in enforcing, or in soliciting for
41-21 enforcement, a child support obligation, including the collection
41-22 of an amount owed under a child support obligation.
41-23 (2) "Child support obligation" means an obligation for
41-24 the payment of financial support for a child under an order or writ
41-25 issued by a court or other tribunal.
41-26 (3) "Department" means the Texas Department of
41-27 Banking.
42-1 (4) "Foreign agency" means a private child support
42-2 enforcement agency that engages in business in this state solely by
42-3 use of telephone, mail, the Internet, facsimile transmission, or
42-4 any other means of interstate communication.
42-5 (5) "Obligee" means the person identified in an order
42-6 for child support issued by a court or other tribunal as the payee
42-7 to whom an obligor's amounts of ordered child support are due.
42-8 (6) "Obligor" means the person identified in an order
42-9 for child support issued by a court or other tribunal as the
42-10 individual required to make payment under the terms of a support
42-11 order for a child.
42-12 (7) "Private child support enforcement agency" means
42-13 an individual or nongovernmental entity who engages in the
42-14 enforcement of child support ordered by a court or other tribunal
42-15 for a fee or other consideration. The term does not include:
42-16 (A) an attorney enforcing a child support
42-17 obligation on behalf of, and in the name of, a client unless the
42-18 attorney has an employee who is not an attorney and who on behalf
42-19 of the attorney:
42-20 (i) regularly solicits for child support
42-21 enforcement; or
42-22 (ii) regularly contacts child support
42-23 obligees or obligors for the purpose of child support enforcement;
42-24 (B) a state agency designated to serve as the
42-25 state's Title IV-D agency in accordance with Part D, Title IV,
42-26 Social Security Act (42 U.S.C. Section 651 et seq.), as amended; or
42-27 (C) a contractor awarded a contract to engage in
43-1 child support enforcement on behalf of a governmental agency,
43-2 including a contractor awarded a contract:
43-3 (i) under Chapter 236, Family Code; or
43-4 (ii) by a political subdivision of this or
43-5 another state that is authorized by law to enforce a child support
43-6 obligation.
43-7 (8) "Registered agency" means a private child support
43-8 enforcement agency, including a foreign agency, that is registered
43-9 under this chapter.
43-10 (Sections 396.002-396.050 reserved for expansion
43-11 SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
43-12 Sec. 396.051. ADMINISTRATIVE AND RULEMAKING AUTHORITY. (a)
43-13 The department shall administer this chapter.
43-14 (b) The Finance Commission of Texas shall adopt rules as
43-15 necessary for the administration of this chapter.
43-16 Sec. 396.052. FILING FEE. (a) The department shall charge
43-17 each applicant for a certificate of registration, or renewal of a
43-18 certificate, a nonrefundable fee of $500 for each certificate.
43-19 (b) The application fee is due on the date the applicant
43-20 submits an application for registration. The renewal fee is due on
43-21 the date a certificate holder submits an application to renew a
43-22 registration.
43-23 Sec. 396.053. COST OF REGULATION. The department may charge
43-24 each registered private child support enforcement agency an annual
43-25 fee not to exceed $500 to cover the cost of enforcing this chapter.
43-26 (Sections 396.054-396.100 reserved for expansion
43-27 SUBCHAPTER C. REGISTRATION
44-1 Sec. 396.101. REGISTRATION REQUIRED. Except as otherwise
44-2 provided by this chapter, a private child support enforcement
44-3 agency must register with the department to engage in child support
44-4 enforcement in this state.
44-5 Sec. 396.102. RECOGNITION OF AUTHORIZATION ISSUED BY ANOTHER
44-6 STATE. (a) The department may waive any prerequisite to obtaining
44-7 a registration for a foreign agency:
44-8 (1) after reviewing the applicant's credentials and
44-9 determining that the applicant holds a valid registration or other
44-10 authorization from another state whose requirements are
44-11 substantially equivalent to those imposed under this chapter; or
44-12 (2) after determining the applicant has a valid
44-13 registration or other authorization from another state with which
44-14 this state has a reciprocity agreement.
44-15 (b) The department may enter into an agreement with another
44-16 state to permit registration by reciprocity.
44-17 Sec. 396.103. APPLICATION REQUIREMENTS. (a) An applicant
44-18 for registration as a private child support enforcement agency must
44-19 file with the department an application on a form and in the manner
44-20 prescribed by the department.
44-21 (b) The application must state:
44-22 (1) the name of the applicant;
44-23 (2) the name under which the applicant is doing or
44-24 intends to do business in this state, if different from the
44-25 applicant's name;
44-26 (3) the address of the applicant's principal business
44-27 office, including the state, municipality, and numeric street
45-1 address; and
45-2 (4) any Internet or other electronic mail address and
45-3 business telephone number of the applicant.
45-4 (c) The chief executive officer of the applicant agency
45-5 shall state in a notarized statement that the application is
45-6 accurate and truthful in all respects.
45-7 Sec. 396.104. FINANCIAL AND OTHER DISCLOSURES. The
45-8 department shall require an applicant for registration or renewal
45-9 of registration as a private child support enforcement agency to
45-10 provide:
45-11 (1) a certified financial statement demonstrating the
45-12 financial solvency of the agency for which registration or renewal
45-13 of registration is sought; and
45-14 (2) any other information the department may
45-15 reasonably require the applicant to provide to establish that the
45-16 requirements and qualifications for registration or renewal of
45-17 registration have been fulfilled by the applicant.
45-18 Sec. 396.105. SURETY BOND OR OTHER DEPOSIT REQUIRED. (a)
45-19 An application for registration must be accompanied by a surety
45-20 bond approved by the department.
45-21 (b) The surety bond must be:
45-22 (1) issued by a surety authorized to do business in
45-23 this state;
45-24 (2) in the amount of $50,000;
45-25 (3) in favor of the state for the benefit of a person
45-26 damaged by a violation of this chapter; and
45-27 (4) conditioned on the private child support
46-1 enforcement agency's compliance with this chapter and the faithful
46-2 performance of the obligations under the agency's agreements with
46-3 its clients.
46-4 (c) The surety bond must be filed with and held by the
46-5 department.
46-6 (d) Instead of a surety bond, the department may accept a
46-7 deposit of money in an amount determined by the department not to
46-8 exceed $50,000. The department shall deposit any amounts received
46-9 under this subsection in an insured depository account designated
46-10 for that purpose.
46-11 Sec. 396.106. ISSUANCE OF CERTIFICATE OF REGISTRATION. (a)
46-12 The department shall issue a certificate of registration and mail
46-13 the certificate to the applicant on receipt of:
46-14 (1) a completed application;
46-15 (2) evidence of financial solvency;
46-16 (3) the surety bond or deposit of money required by
46-17 Section 396.105; and
46-18 (4) the required registration fee.
46-19 (b) If a single application is used to register more than
46-20 one registered location, the department shall:
46-21 (1) issue a certificate of registration for each
46-22 registered location; and
46-23 (2) mail all of the certificates to the principal
46-24 business location stated in the application.
46-25 Sec. 396.107. DUTY TO UPDATE APPLICATION INFORMATION. A
46-26 certificate holder shall notify the department of any material
46-27 change in the information provided in an application for
47-1 registration not later than the 60th day after the date on which
47-2 the information changes.
47-3 Sec. 396.108. TERM OF REGISTRATION; RENEWAL. (a) A private
47-4 child support enforcement agency's certificate of registration
47-5 expires on the third anniversary of the date of issuance.
47-6 (b) A certificate of registration may be renewed for another
47-7 three-year period as provided by department rule.
47-8 (Sections 396.109-396.150 reserved for expansion)
47-9 SUBCHAPTER D. AUTHORITY OF FOREIGN AGENCY TO ENGAGE IN
47-10 BUSINESS IN THIS STATE
47-11 Sec. 396.151. APPLICATION TO OPERATE UNDER OTHER
47-12 AUTHORIZATION INSTEAD OF REGISTRATION. (a) To engage in business
47-13 in this state, a foreign agency that is exempt from registration as
47-14 prescribed by Section 396.102 may file an application with the
47-15 department to operate under that authorization by filing:
47-16 (1) the information required for an application for
47-17 registration under Section 396.103;
47-18 (2) a surety bond or deposit of money that meets the
47-19 requirements of Section 396.105 unless the agency provides proof to
47-20 the satisfaction of the department that the agency maintains in the
47-21 state in which that agency has its principal office an adequate
47-22 bond or similar instrument for purposes similar to the purposes
47-23 required for the filing of a surety bond under Section 396.105; and
47-24 (3) a copy of the license or other authorization
47-25 issued by the state in which that agency is authorized to operate.
47-26 (b) The department may charge a single administrative fee in
47-27 a reasonable amount that is sufficient to cover the costs of the
48-1 department in processing and acting on the application.
48-2 Sec. 396.152. ACCEPTANCE OF OTHER AUTHORIZATION INSTEAD OF
48-3 REGISTRATION. The department shall issue a certificate to operate
48-4 under another state's authorization in this state to a foreign
48-5 agency that files an application with the department under Section
48-6 396.151 if:
48-7 (1) the agency submits all of the information required
48-8 by Section 396.151(a)(1);
48-9 (2) the department determines that the agency has met
48-10 the requirements of Section 396.151(a)(2);
48-11 (3) the agency remits any required administrative fee
48-12 under Section 396.151(b); and
48-13 (4) the department verifies that the registration or
48-14 other authorization issued by another state is active and in good
48-15 standing.
48-16 Sec. 396.153. NOTIFICATION OF UPDATED INFORMATION OR CHANGE
48-17 IN STATUS OF OTHER AUTHORIZATION. Not later than the 30th day
48-18 after the date on which the change occurs, a foreign private child
48-19 support enforcement agency that is issued a certificate to operate
48-20 in this state under this subchapter shall notify the department of
48-21 any change in:
48-22 (1) the information provided in an application
48-23 submitted under Section 396.152; or
48-24 (2) the status of the agency's authorization in the
48-25 other state.
48-26 Sec. 396.154. WITHDRAWAL OF APPROVAL TO OPERATE UNDER OTHER
48-27 AUTHORIZATION. A holder of a certificate issued under this
49-1 subchapter may not engage in business in this state as a private
49-2 child support enforcement agency if another state has revoked or
49-3 withdrawn the person's authority to operate as a private child
49-4 support enforcement agency in that state unless the department
49-5 grants the agency a registration under this chapter.
49-6 (Sections 396.155-396.200 reserved for expansion)
49-7 SUBCHAPTER E. REQUIRED BUSINESS PRACTICES
49-8 Sec. 396.201. REGISTRATION PREREQUISITE TO SUIT. A private
49-9 child support enforcement agency may not bring an action to enforce
49-10 a child support obligation in this state unless the agency is
49-11 registered or otherwise authorized to engage in business in this
49-12 state as provided by this chapter.
49-13 Sec. 396.202. RECORDS. (a) A registered agency shall
49-14 maintain records of all child support collections made on behalf
49-15 of, and disbursed to, a client who is an obligee, including:
49-16 (1) the name of any obligor who made child support
49-17 payments collected by the agency;
49-18 (2) the amount of support collected by the agency for
49-19 each client, including:
49-20 (A) the date on which the amount was collected;
49-21 and
49-22 (B) the date on which each amount due the client
49-23 by the obligor was paid to the client;
49-24 (3) a copy of the order establishing the child support
49-25 obligation under which a collection was made by the agency; and
49-26 (4) any other pertinent information relating to the
49-27 child support obligation, including any case, cause, or docket
50-1 number of the court having jurisdiction over the matter.
50-2 (b) The records required under this section must be updated
50-3 at least monthly and must be maintained by the registered agency
50-4 for a period of four years from the date of the last support
50-5 payment collected by the agency on behalf of an obligee.
50-6 Sec. 396.203. CONTRACT FOR SERVICES. (a) A registered
50-7 agency and foreign agency authorized to engage in business under
50-8 this chapter shall execute a written contract for the enforcement
50-9 of child support for each client of the agency that is residing in
50-10 this state.
50-11 (b) The contract required under this section must:
50-12 (1) be in writing, dated, and signed by both parties
50-13 to the contract; and
50-14 (2) specify its terms in clear language.
50-15 (Sections 396.204-396.250 reserved for expansion
50-16 SUBCHAPTER F. PROHIBITED PRACTICES
50-17 Sec. 396.251. THREATS OR COERCION. (a) In enforcing a
50-18 child support obligation, a registered agency may not use threats,
50-19 coercion, or attempts to coerce that employ any of the following
50-20 practices:
50-21 (1) using or threatening to use violence or other
50-22 criminal means to cause harm to an obligor or property of the
50-23 obligor;
50-24 (2) accusing falsely or threatening to accuse falsely
50-25 an obligor of a violation of state or federal child support laws;
50-26 (3) taking or threatening to take an enforcement
50-27 action against an obligor that is not authorized by law; or
51-1 (4) intentionally representing to a person that the
51-2 agency is a governmental agency authorized to enforce a child
51-3 support obligation.
51-4 (b) Subsection (a) does not prevent a registered agency
51-5 from:
51-6 (1) informing an obligor that the obligor may be
51-7 subject to penalties prescribed by law for failure to pay a child
51-8 support obligation; or
51-9 (2) taking, or threatening to take, an action
51-10 authorized by law for the enforcement of a child support obligation
51-11 by the agency.
51-12 Sec. 396.252. FRAUDULENT, DECEPTIVE, OR MISLEADING
51-13 REPRESENTATIONS. In enforcing a child support obligation, a
51-14 registered agency or employee of the agency may not:
51-15 (1) identify the registered agency by any name other
51-16 than one by which the agency is registered with the department;
51-17 (2) falsely represent the nature of the child support
51-18 enforcement activities in which the agency is authorized by law to
51-19 engage; or
51-20 (3) falsely represent that an oral or written
51-21 communication is the communication of an attorney.
51-22 (Sections 396.253-396.300 reserved for expansion
51-23 SUBCHAPTER G. ADMINISTRATIVE ENFORCEMENT
51-24 Sec. 396.301. REVOCATION OF REGISTRATION. (a) After notice
51-25 and hearing, the department may revoke the registration of a
51-26 registered agency that:
51-27 (1) fails to comply with this chapter or a rule
52-1 adopted under this chapter;
52-2 (2) does not pay a fee or other charge imposed by the
52-3 department under this chapter; and
52-4 (3) fails to maintain and produce at the request of
52-5 the department records attesting to the financial solvency of the
52-6 registered agency or other business records concerning client
52-7 accounts.
52-8 (b) The department may permit a registered agency to take an
52-9 appropriate action to correct a failure to comply with this chapter
52-10 and not revoke the registration of the agency.
52-11 Sec. 396.302. ADMINISTRATIVE HEARING ON DENIAL, SUSPENSION,
52-12 OR REVOCATION OF REGISTRATION. (a) The department may not deny or
52-13 suspend the registration of a private child support enforcement
52-14 agency under this chapter without first conducting an
52-15 administrative hearing.
52-16 (b) A hearing under this section or Section 396.301 is
52-17 subject to Chapter 2001, Government Code.
52-18 Sec. 396.303. BONA FIDE ERROR. A registered agency does not
52-19 violate this chapter if the action complained of resulted from a
52-20 bona fide error that occurred notwithstanding the use of reasonable
52-21 procedures to avoid the error.
52-22 Sec. 396.304. ADMINISTRATIVE INVESTIGATION OF COMPLAINT.
52-23 (a) A person may file with the department a written complaint
52-24 against a registered agency for a violation of this chapter.
52-25 (b) Not later than the 30th day after the date on which the
52-26 department receives a complaint under this section, the department
52-27 shall initiate an investigation into the merits of the complaint.
53-1 (c) The department may appoint a hearings officer to conduct
53-2 the investigation.
53-3 (d) A hearings officer appointed by the department to
53-4 investigate a complaint may arrange for the services of a qualified
53-5 mediator and attempt to:
53-6 (1) resolve the complaint and any differences between
53-7 the parties; and
53-8 (2) reach a settlement without the requirement of
53-9 further investigation.
53-10 (e) The department may delegate to a hearings officer
53-11 appointed to investigate a complaint under this section the
53-12 authority to dismiss the complaint, after an initial investigation
53-13 and after notice to each affected party and an opportunity for
53-14 hearing, for lack of sufficient evidentiary basis.
53-15 (f) An individual aggrieved by a decision of the department
53-16 or hearings officer under this section may appeal the decision to a
53-17 district court in Travis County.
53-18 (g) The department shall provide for an annual public
53-19 inspection of an investigation report of a complaint filed under
53-20 this section.
53-21 (Sections 396.305-396.350 reserved for expansion
53-22 SUBCHAPTER H. CIVIL REMEDIES
53-23 Sec. 396.351. CIVIL ACTION. (a) In addition to any other
53-24 remedy provided by this chapter, a person may bring an action for:
53-25 (1) injunctive relief to enjoin or restrain a
53-26 violation of this chapter; and
53-27 (2) actual damages incurred as a result of a violation
54-1 of this chapter.
54-2 (b) A person who prevails in an action brought under this
54-3 section is entitled to recover court costs and reasonable
54-4 attorney's fees.
54-5 (c) On a finding by a court that an action under this
54-6 section was brought in bad faith or for purposes of harassment, the
54-7 court shall award the defendant attorney's fees reasonably related
54-8 to the work performed and costs.
54-9 Sec. 396.352. SERVICE OF PROCESS OUTSIDE STATE. (a) A
54-10 registered agency that is located in another state or a private
54-11 child support enforcement agency that engages in the business of
54-12 child support enforcement in this state in violation of this
54-13 chapter is considered to have submitted to the jurisdiction of the
54-14 courts of this state with respect to an action brought under this
54-15 chapter.
54-16 (b) A foreign agency engaging in business in this state in
54-17 violation of this chapter is considered to have appointed the
54-18 department as the agency's agent for service of process in any
54-19 action, suit, or proceeding arising from a violation of this
54-20 chapter.
54-21 Sec. 396.353. REMEDIES UNDER OTHER LAW. (a) A violation of
54-22 this chapter is a deceptive trade practice under Subchapter E,
54-23 Chapter 17, Business & Commerce Code, and is actionable under that
54-24 subchapter.
54-25 (b) This chapter does not affect or alter a remedy at law or
54-26 in equity otherwise available to an obligor, obligee, governmental
54-27 entity, or other legal entity.
55-1 SECTION 65. Sections 158.508 and 231.010, Family Code, are
55-2 repealed.
55-3 SECTION 66. (a) This Act takes effect September 1, 2001.
55-4 (b) A change in law made by this Act relating to a court
55-5 order establishing the obligation to pay child support applies only
55-6 to a suit affecting the parent-child relationship that is commenced
55-7 on or after the effective date of this Act. A suit affecting the
55-8 parent-child relationship commenced before the effective date of
55-9 this Act is governed by the law in effect on the date the suit was
55-10 filed, and the former law is continued in effect for that purpose.
55-11 (c) A change in law made by this Act relating to the
55-12 modification or enforcement of a child support order rendered
55-13 before the effective date of this Act applies only to a proceeding
55-14 for modification or enforcement that is commenced on or after the
55-15 effective date of this Act. A modification or enforcement
55-16 proceeding commenced before the effective date of this Act is
55-17 governed by the law in effect on the date the proceeding was
55-18 commenced, and the former law is continued in effect for that
55-19 purpose.
55-20 (d) The requirement of Chapter 396, Finance Code, as added
55-21 by this Act, that a private child support enforcement agency be
55-22 registered applies only on or after January 1, 2002.