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 Subsections (d) and (e) to read as follows:
2-6 (d) Notwithstanding Subsection (a), the court may order a
2-7 parent subject to a previous child support order to pay retroactive
2-8 child support if:
2-9 (1) the previous child support order terminated as a
2-10 result of the marriage or remarriage of the child's parents;
2-11 (2) the child's parents separated after the marriage
2-12 or remarriage; and
2-13 (3) a new child support order is sought after the date
2-14 of the separation.
2-15 (e) In rendering an order under Subsection (d), the court
2-16 may order retroactive child support back to the date of the
2-17 separation of the child's parents.
2-18 SECTION 5. Section 154.012, Family Code, is amended to read
2-19 as follows:
2-20 Sec. 154.012. SUPPORT PAID IN EXCESS [AFTER TERMINATION] OF
2-21 SUPPORT ORDER. (a) If an [the] obligor is not in arrears and the
2-22 obligor's child support obligation has terminated, the [an] obligee
2-23 shall return to the [an] obligor a child support payment made by
2-24 the obligor that exceeds the amount of support ordered, regardless
2-25 of whether the payment was made before, on, or after the date the
2-26 child support obligation [order has] terminated.
2-27 (b) An obligor may file a suit to recover a child support
3-1 payment under Subsection (a). If the court finds that the obligee
3-2 failed to return a child support payment under Subsection (a), the
3-3 court shall order the obligee to pay to the obligor attorney's fees
3-4 and all court costs in addition to the amount of support paid after
3-5 the date the child support order terminated. For good cause shown,
3-6 the court may waive the requirement that the obligee pay attorney's
3-7 fees and costs if the court states the reasons supporting that
3-8 finding.
3-9 SECTION 6. Subchapter A, Chapter 154, Family Code, is amended
3-10 by adding Section 154.013 to read as follows:
3-11 Sec. 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER
3-12 DEATH OF OBLIGEE. (a) A child support obligation does not
3-13 terminate on the death of the obligee but continues as an
3-14 obligation to the child named in the support order, as required by
3-15 this section.
3-16 (b) Notwithstanding any provision of the Probate Code, a
3-17 child support payment held by the Title IV-D agency, a local
3-18 registry, or the state disbursement unit or any uncashed check or
3-19 warrant representing a child support payment made before, on, or
3-20 after the date of death of the obligee shall be paid
3-21 proportionately for the benefit of each surviving child named in
3-22 the support order and not to the estate of the obligee. The
3-23 payment is free of any creditor's claim against the deceased
3-24 obligee's estate and may be disbursed as provided by Subsection
3-25 (c).
3-26 (c) On the death of the obligee, current child support owed
3-27 by the obligor for the benefit of the child or any amount described
4-1 by Subsection (b) shall be paid to:
4-2 (1) a person, other than a parent, who is appointed as
4-3 managing conservator of the child;
4-4 (2) a person, including the obligor, who has assumed
4-5 actual care, control, and possession of the child, if a managing
4-6 conservator or guardian of the child has not been appointed;
4-7 (3) the county clerk, as provided by Section 887,
4-8 Texas Probate Code, in the name of and for the account of the child
4-9 for whom the support is owed;
4-10 (4) a guardian of the child appointed under Chapter
4-11 XIII, Texas Probate Code, as provided by that code; or
4-12 (5) the surviving child, if the child is an adult or
4-13 has otherwise had the disabilities of minority removed.
4-14 (d) On presentation of the obligee's death certificate, the
4-15 court shall render an order directing payment of child support paid
4-16 but not disbursed to be made as provided by Subsection (c). A copy
4-17 of the order shall be provided to:
4-18 (1) the obligor;
4-19 (2) as appropriate:
4-20 (A) the person having actual care, control, and
4-21 possession of the child;
4-22 (B) the county clerk; or
4-23 (C) the managing conservator or guardian of the
4-24 child, if one has been appointed;
4-25 (3) the local registry or state disbursement unit and,
4-26 if appropriate, the Title IV-D agency; and
4-27 (4) the child named in the support order, if the child
5-1 is an adult or has otherwise had the disabilities of minority
5-2 removed.
5-3 (e) The order under Subsection (d) must contain:
5-4 (1) a statement that the obligee is deceased and that
5-5 child support amounts otherwise payable to the obligee shall be
5-6 paid for the benefit of a surviving child named in the support
5-7 order as provided by Subsection (c);
5-8 (2) the name and age of each child named in the
5-9 support order; and
5-10 (3) the name and mailing address of, as appropriate:
5-11 (A) the person having actual care, control, and
5-12 possession of the child;
5-13 (B) the county clerk; or
5-14 (C) the managing conservator or guardian of the
5-15 child, if one has been appointed.
5-16 (f) On receipt of the order required under this section, the
5-17 local registry, state disbursement unit, or Title IV-D agency shall
5-18 disburse payments as required by the order.
5-19 SECTION 7. Section 154.064, Family Code, is amended to read
5-20 as follows:
5-21 Sec. 154.064. MEDICAL SUPPORT [HEALTH INSURANCE] FOR CHILD
5-22 PRESUMPTIVELY PROVIDED BY OBLIGOR. The guidelines for support of a
5-23 child are based on the assumption that the court will order the
5-24 obligor to provide medical support [health insurance coverage] for
5-25 the child in addition to the amount of child support calculated in
5-26 accordance with those guidelines.
5-27 SECTION 8. Section 154.130, Family Code, is amended by adding
6-1 Subsection (c) to read as follows:
6-2 (c) The application of the guidelines under Section 154.129
6-3 does not constitute a variance from the child support guidelines
6-4 requiring specific findings by the court under this section.
6-5 SECTION 9. Section 154.131, Family Code, is amended to read
6-6 as follows:
6-7 Sec. 154.131. [APPLICATION OF GUIDELINES TO] RETROACTIVE
6-8 CHILD SUPPORT. (a) The child support guidelines are intended to
6-9 guide the court in determining the amount of retroactive child
6-10 support, if any, to be ordered.
6-11 (b) In ordering retroactive child support, the court shall
6-12 consider the net resources of the obligor during the relevant time
6-13 period and whether:
6-14 (1) the mother of the child had made any previous
6-15 attempts to notify the obligor [biological father] of his paternity
6-16 or probable paternity;
6-17 (2) the obligor [biological father] had knowledge of
6-18 his paternity or probable paternity;
6-19 (3) the order of retroactive child support will impose
6-20 an undue financial hardship on the obligor or the obligor's family;
6-21 and
6-22 (4) the obligor has provided actual support or other
6-23 necessaries before the filing of the action.
6-24 (c) It is presumed that a court order limiting the amount of
6-25 retroactive child support to an amount that does not exceed the
6-26 total amount of support that would have been due for the four years
6-27 preceding the date the petition seeking support was filed is
7-1 reasonable and in the best interest of the child.
7-2 (d) The presumption created under this section may be
7-3 rebutted by evidence that the obligor:
7-4 (1) knew or should have known that the obligor was the
7-5 father of the child for whom support is sought; and
7-6 (2) sought to avoid the establishment of a support
7-7 obligation to the child.
7-8 (e) An order under this section limiting the amount of
7-9 retroactive support does not constitute a variance from the
7-10 guidelines requiring the court to make specific findings under
7-11 Section 154.130.
7-12 SECTION 10. Section 154.185, Family Code, is amended to read
7-13 as follows:
7-14 Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The court
7-15 shall order a parent providing health insurance to furnish to
7-16 either the obligee, obligor, [local domestic relations office,] or
7-17 child support [Title IV-D] agency the following information not
7-18 later than the 30th day after the date the notice of rendition of
7-19 the order is received:
7-20 (1) the social security number of the parent;
7-21 (2) the name and address of the parent's employer;
7-22 (3) whether the employer is self-insured or has health
7-23 insurance available;
7-24 (4) proof that health insurance has been provided for
7-25 the child;
7-26 (5) if the employer has health insurance available,
7-27 the name of the health insurance carrier, the number of the policy,
8-1 a copy of the policy and schedule of benefits, a health insurance
8-2 membership card, claim forms, and any other information necessary
8-3 to submit a claim; and
8-4 (6) if the employer is self-insured, a copy of the
8-5 schedule of benefits, a membership card, claim forms, and any other
8-6 information necessary to submit a claim.
8-7 (b) The court shall also order a parent providing health
8-8 insurance to furnish the obligor, obligee, [local domestic
8-9 relations office,] or child support [Title IV-D] agency with
8-10 additional information regarding health insurance coverage not
8-11 later than the 15th day after the date the information is received
8-12 by the parent.
8-13 SECTION 11. Section 155.205, Family Code, is amended to read
8-14 as follows:
8-15 Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On
8-16 rendition of an order transferring continuing, exclusive
8-17 jurisdiction to another court, the transferring court shall also
8-18 order that all future payments of child support be made to the
8-19 local registry of the transferee court[, the Title IV-D agency,]
8-20 or, if payments have previously been directed to the state
8-21 disbursement unit, to the state disbursement unit.
8-22 (b) The transferring court's local registry[, the Title IV-D
8-23 agency,] or the state disbursement unit shall continue to receive,
8-24 record, and forward child support payments to the payee until it
8-25 receives notice that the transferred case has been docketed by the
8-26 transferee court.
8-27 (c) After receiving notice of docketing from the transferee
9-1 court, the transferring court's local registry shall send a
9-2 certified copy of the child support payment record to the clerk of
9-3 the transferee court and shall forward any payments received to the
9-4 transferee court's local registry or to the state disbursement
9-5 unit, as appropriate.
9-6 SECTION 12. Sections 155.207(a), (c), and (d), Family Code,
9-7 are amended to read as follows:
9-8 (a) On rendition of an order of transfer, the clerk of the
9-9 court transferring a proceeding shall send to the proper court in
9-10 the county to which transfer is being made:
9-11 (1) the complete files in all matters affecting the
9-12 child in any pending proceeding;
9-13 (2) certified copies of all entries in the minutes;
9-14 (3) a certified copy of any order of dissolution of
9-15 marriage rendered in a suit joined with the suit affecting the
9-16 parent-child relationship; and
9-17 (4) a certified copy of each order rendered.
9-18 (c) On receipt of the files, documents, and orders from the
9-19 transferring court, the clerk of the transferee court shall docket
9-20 the suit and shall notify all parties, the clerk of the
9-21 transferring court, and, if appropriate, the transferring court's
9-22 local registry that the suit has been docketed.
9-23 (d) The clerk of the transferring court shall send a
9-24 certified copy of the order directing payments to the transferee
9-25 court, to any party or employer affected by that order, and, if
9-26 appropriate, to the local registry of the transferee court.
9-27 SECTION 13. Section 156.408(b), Family Code, is amended to
10-1 read as follows:
10-2 (b) If both parties and the child reside in this state, a
10-3 court of this state may modify an order of child support rendered
10-4 by an appropriate tribunal of another state after registration of
10-5 the order as provided by [and any aspect of conservatorship as
10-6 provided by this chapter without reference to] Chapter 159.
10-7 SECTION 14. Section 156.409, Family Code, is amended to read
10-8 as follows:
10-9 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. (a) If the
10-10 sole managing conservator of a child or the joint managing
10-11 conservator who designates the child's primary residence has
10-12 voluntarily relinquished the actual care, control, and possession
10-13 of the child for at least six months, the court may modify an order
10-14 providing for the support of the child to provide that the person
10-15 having physical possession of the child shall have the right to
10-16 receive and give receipt for payments of support for the child and
10-17 to hold or disburse money for the benefit of the child.
10-18 (b) Notice of a motion for modification under this section
10-19 may be served in the manner for serving a notice under Section
10-20 157.065.
10-21 SECTION 15. Section 157.262, Family Code, is amended to read
10-22 as follows:
10-23 Sec. 157.262. REDUCTION OF ARREARAGES; ABEYANCE OF
10-24 ENFORCEMENT. (a) Except as provided by this section, in [In] a
10-25 contempt proceeding or in rendering a money judgment, the court may
10-26 not reduce or modify the amount of child support arrearages.
10-27 (b) In an enforcement action under this chapter, the court
11-1 may, with the agreement of the Title IV-D agency, hold in abeyance
11-2 the enforcement of any arrearages, including interest, assigned to
11-3 the Title IV-D agency under Section 231.104(a) if, for the period
11-4 of the court's order of abeyance of enforcement, the obligor:
11-5 (1) timely and fully pays the obligor's current child
11-6 support under a court or administrative order; and
11-7 (2) is involved in the life of the child for whom
11-8 support is ordered through the exercise of the obligor's right of
11-9 possession of or access to the child.
11-10 (c) If the court orders an abeyance of enforcement of
11-11 arrearages under this section, the court may require the obligor to
11-12 obtain counseling on parenting skills, work skills, job placement,
11-13 financial planning, conflict resolution, substance abuse, or other
11-14 matters causing the obligor to fail to obey the child support
11-15 order.
11-16 (d) If the court finds in a subsequent hearing that the
11-17 obligor has not met the conditions set by the court's order under
11-18 this section, the court shall terminate the abeyance of enforcement
11-19 of the arrearages.
11-20 (e) On the expiration of the child support order, the court
11-21 may, with the agreement of the Title IV-D agency, reduce the amount
11-22 of the arrearages assigned to the Title IV-D agency under Section
11-23 231.104(a) if the court finds that the obligor has complied with
11-24 the conditions set by the court under this section.
11-25 (f) The money judgment for arrearages rendered by the court
11-26 may be subject to a counterclaim or offset as provided by this
11-27 subchapter.
12-1 SECTION 16. Section 157.264, Family Code, is amended to read
12-2 as follows:
12-3 Sec. 157.264. ENFORCEMENT OF JUDGMENT [BY INCOME
12-4 WITHHOLDING]. (a) A money judgment rendered as provided in this
12-5 subchapter may be enforced by any means available for the
12-6 enforcement of a judgment for debts.
12-7 (b) The court may render [and by] an order requiring:
12-8 (1) that income be withheld from the disposable
12-9 earnings of the obligor in an amount sufficient to discharge the
12-10 judgment in not more than two years; or
12-11 (2) if the obligor is not subject to income
12-12 withholding, that the obligor make periodic payments to the obligee
12-13 in an amount sufficient to discharge the judgment within a
12-14 reasonable time.
12-15 SECTION 17. Section 157.268, Family Code, is amended to read
12-16 as follows:
12-17 Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
12-18 support collected shall be applied in the following order of
12-19 priority:
12-20 (1) current child support;
12-21 (2) non-delinquent child support owed;
12-22 (3) interest on the principal amounts specified in
12-23 Subdivisions (4) and (5);
12-24 (4) the principal amount of child support that has not
12-25 been confirmed and reduced to money judgment; [and]
12-26 (5) the principal amount of child support that has
12-27 been confirmed and reduced to money judgment; and
13-1 (6) the amount of any ordered attorney's fees or
13-2 costs.
13-3 SECTION 18. Section 157.311, Family Code, is amended to read
13-4 as follows:
13-5 Sec. 157.311. DEFINITIONS. In this subchapter:
13-6 (1) "Account" means:
13-7 (A) any type of a demand deposit account,
13-8 checking or negotiable withdrawal order account, savings account,
13-9 time deposit account, money market mutual fund account, certificate
13-10 of deposit, or any other instrument of deposit in which an
13-11 individual has a beneficial ownership either in its entirety or on
13-12 a shared or multiple party basis, including any accrued interest
13-13 and dividends; and
13-14 (B) a life insurance policy in which an
13-15 individual has a beneficial ownership or liability insurance
13-16 against which an individual has filed a claim or counterclaim,
13-17 including for workers' compensation.
13-18 (2) "Claimant" means:
13-19 (A) the obligee or a private attorney
13-20 representing the obligee;
13-21 (B) the Title IV-D agency providing child
13-22 support services;
13-23 (C) a domestic relations office or local
13-24 registry; or
13-25 (D) an attorney appointed as a friend of the
13-26 court.
13-27 (3) [(2)] "Court having continuing jurisdiction" is
14-1 the court of continuing, exclusive jurisdiction in this state or a
14-2 tribunal of another state having jurisdiction under the Uniform
14-3 Interstate Family Support Act or a substantially similar act.
14-4 (4) "Financial institution" has the meaning assigned
14-5 by 42 U.S.C. Section 669a(d)(1) and includes a depository
14-6 institution, credit union, benefit association, liability or life
14-7 insurance company, workers' compensation insurer, money market
14-8 mutual fund, and any similar entity authorized to do business in
14-9 this state.
14-10 (5) [(3)] "Lien" means a child support lien issued in
14-11 this or another state.
14-12 SECTION 19. Sections 157.312(d) and (f), Family Code, are
14-13 amended to read as follows:
14-14 (d) A child support lien arises[:]
14-15 [(1)] by operation of law against real and personal
14-16 property of an obligor for all amounts of child [overdue] support
14-17 due and owing, including any accrued interest, regardless of
14-18 whether the amounts have been adjudicated or otherwise determined,
14-19 subject to the requirements of this subchapter for perfection of
14-20 the lien [recording and notice; or]
14-21 [(2) when a court having continuing jurisdiction or,
14-22 in a Title IV-D case, the Title IV-D agency determines an amount of
14-23 arrears owed by a child support obligor].
14-24 (f) A foreclosure action under this subchapter is not
14-25 required as a prerequisite to levy and execution on a judicial
14-26 [judgment] or [an] administrative determination of arrearages as
14-27 provided by Section 157.327 [arrears rendered after notice and
15-1 opportunity for hearing].
15-2 SECTION 20. Section 157.313, Family Code, is amended to read
15-3 as follows:
15-4 Sec. 157.313. CONTENTS OF CHILD SUPPORT LIEN NOTICE. (a)
15-5 Except as provided by Subsection (e), a [A] child support lien
15-6 notice must contain:
15-7 (1) the name and address of the person to whom the
15-8 notice is being sent;
15-9 (2) the style, docket or cause number, and identity of
15-10 the tribunal of this or another state having continuing
15-11 jurisdiction of the child support action and, if the case is a
15-12 Title IV-D case, the case number;
15-13 (3) [(2)] the full name, address, and, if known
15-14 [available], the birth date, driver's license number, [and] social
15-15 security number, and any aliases of the obligor;
15-16 (4) [(3)] the full name and, if known, social security
15-17 number[, if available,] of the obligee [and the child];
15-18 (5) [(4)] the amount of the current or prospective
15-19 child support obligation, the frequency with which current or
15-20 prospective child support is ordered to be paid, and the amount of
15-21 child support arrearages owed by the obligor and the date of the
15-22 signing of the court order, administrative order, or writ that
15-23 determined the arrearages or the date and manner in which the
15-24 arrearages were determined;
15-25 (6) [(5)] the rate of interest specified in the court
15-26 order, administrative order, or writ or, in the absence of a
15-27 specified interest rate, the rate provided for by law;
16-1 (7) [(6)] the name and address of the person or agency
16-2 asserting the lien; [and]
16-3 (8) [(7)] the motor vehicle identification number as
16-4 shown on the obligor's title if the property is a motor vehicle;
16-5 (9) a statement that the lien attaches to all
16-6 nonexempt real and personal property of the obligor that is located
16-7 or recorded in the state, including any property specifically
16-8 identified in the notice;
16-9 (10) a statement that any ordered child support not
16-10 timely paid in the future constitutes a final judgment for the
16-11 amount due and owing, including interest, and accrues up to an
16-12 amount that may not exceed the lien amount; and
16-13 (11) a statement that the obligor is being provided a
16-14 copy of the lien notice and that the obligor may dispute the
16-15 arrearage amount by filing suit under Section 157.323.
16-16 (b) A claimant may include any other information that the
16-17 claimant considers necessary.
16-18 (c) The lien notice must be verified.
16-19 (d) A claimant must file a notice for each after-acquired
16-20 motor vehicle.
16-21 (e) A notice of a lien for child support under this section
16-22 may be in the form authorized by federal law or regulation.
16-23 SECTION 21. Section 157.314, Family Code, is amended to read
16-24 as follows:
16-25 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT;
16-26 NOTICE TO OBLIGOR. (a) A child support lien notice or an abstract
16-27 of judgment for past due child support may be filed by the claimant
17-1 with the county clerk of:
17-2 (1) any county in which the obligor is believed to own
17-3 nonexempt real or personal property;
17-4 (2) the county in which the obligor resides; or
17-5 (3) the county in which the court having continuing
17-6 jurisdiction has venue of the suit affecting the parent-child
17-7 relationship.
17-8 (b) A child support lien notice may be filed with or
17-9 delivered to the following, as appropriate:
17-10 (1) the clerk of the court in which a claim,
17-11 counterclaim, or suit by, or on behalf of, the obligor, including a
17-12 claim or potential right to proceeds from an estate as an heir,
17-13 beneficiary, or creditor, is pending, provided that a copy of the
17-14 lien is mailed to the attorney of record for the obligor, if any;
17-15 (2) an attorney who represents the obligor in a claim
17-16 or counterclaim that has not been filed with a court;
17-17 (3) any other individual or organization believed to
17-18 be in possession of real or personal property of the obligor; or
17-19 (4) any governmental unit or agency that issues or
17-20 records certificates, titles, or other indicia of property
17-21 ownership.
17-22 (c) Not later than the 21st day after the date of filing or
17-23 delivering the child support lien notice, the claimant shall
17-24 provide a copy of the notice to the obligor by first class or
17-25 certified mail, return receipt requested, addressed to the obligor
17-26 at the obligor's last known address. If another person is known to
17-27 have an ownership interest in the property subject to the lien, the
18-1 claimant shall provide a copy of the lien notice to that person at
18-2 the time notice is provided to the obligor.
18-3 (d) If a child support lien notice is delivered to a
18-4 financial institution with respect to an account of the obligor,
18-5 the institution shall immediately:
18-6 (1) provide the claimant with the last known address
18-7 of the obligor; and
18-8 (2) notify any other person having an ownership
18-9 interest in the account that the account has been frozen in an
18-10 amount not to exceed the amount of the child support arrearage
18-11 identified in the notice.
18-12 SECTION 22. Subchapter G, Chapter 157, Family Code, is
18-13 amended by adding Section 157.3145 to read as follows:
18-14 Sec. 157.3145. SERVICE ON FINANCIAL INSTITUTION. Service of
18-15 a child support lien notice on a financial institution relating to
18-16 property held by the institution in the name of, or in behalf of,
18-17 an obligor is governed by Section 59.008, Finance Code, if the
18-18 institution is subject to that law, or may be delivered to the
18-19 registered agent, the institution's main business office in this
18-20 state, or another address provided by the institution under Section
18-21 231.307.
18-22 SECTION 23. Section 157.315, Family Code, is amended to read
18-23 as follows:
18-24 Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt
18-25 of a child support lien notice, the county clerk shall immediately
18-26 record the notice in the county judgment records as provided in
18-27 Chapter 52, Property Code.
19-1 (b) The county clerk may not charge the Title IV-D agency, a
19-2 domestic relations office, a friend of the court, or any other
19-3 party a fee for recording the notice of a lien. To qualify for
19-4 this exemption, the lien notice must be styled "Notice of Child
19-5 Support Lien[.]" or be in the form authorized by federal law or
19-6 regulation.
19-7 (c) The county clerk may not charge the Title IV-D agency, a
19-8 domestic relations office, or a friend of the court a fee for
19-9 recording the release of a child support lien. The lien release
19-10 must be styled "Release of Child Support Lien."
19-11 SECTION 24. Section 157.316(a), Family Code, is amended to
19-12 read as follows:
19-13 (a) Except as provided by Subsection (b), a child support
19-14 lien is perfected when an abstract of judgment for past due child
19-15 support or a child support lien notice is filed or delivered [with
19-16 the county clerk] as provided by Section 157.314 [this subchapter].
19-17 SECTION 25. Section 157.317(a), Family Code, is amended to
19-18 read as follows:
19-19 (a) A child support lien attaches to all real and personal
19-20 property not exempt under the Texas Constitution or other law,
19-21 including an [a depository] account in a financial institution,
19-22 [including a mutual fund money market account, or] a retirement
19-23 plan, including an individual retirement account, the proceeds of a
19-24 life insurance policy, a claim for negligence, personal injury, or
19-25 workers' compensation, or an insurance settlement or award for the
19-26 claim, due to or owned by the obligor on or after the date the lien
19-27 notice or abstract of judgment is filed with the county clerk of
20-1 the county in which the property is located, with the court clerk
20-2 as to property or claims in litigation, or, as to property of the
20-3 obligor in the possession or control of a third party, from the
20-4 date the lien notice is filed with that party. [Service of a lien
20-5 notice on a financial institution relating to property held by the
20-6 financial institution in the name of or on behalf of an obligor who
20-7 is a customer of the financial institution is governed by Section
20-8 59.008, Finance Code.]
20-9 SECTION 26. Sections 157.318(a) and (b), Family Code, are
20-10 amended to read as follows:
20-11 (a) A lien is effective until all current support and child
20-12 support arrearages, including interest and any costs and reasonable
20-13 attorney's fees, have been paid or the lien is otherwise released
20-14 as provided by this subchapter.
20-15 (b) The lien secures payment of all child support arrearages
20-16 owed by the obligor under the underlying child support order,
20-17 including arrearages that accrue after the [administrative or
20-18 judicial determination of arrearages stated in the] lien notice was
20-19 filed or delivered as provided by Section 157.314.
20-20 SECTION 27. Section 157.319, Family Code, is amended by
20-21 adding Subsection (c) to read as follows:
20-22 (c) This section does not affect the validity or priority of
20-23 a lien of a health care provider, a lien for attorney's fees, or a
20-24 lien of a holder of a security interest. This section does not
20-25 affect the assignment of rights or subrogation of a claim under
20-26 Title XIX of the federal Social Security Act (42 U.S.C. Section
20-27 1396 et seq.), as amended.
21-1 SECTION 28. Section 157.321, Family Code, is amended to read
21-2 as follows:
21-3 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A child support
21-4 lien claimant may at any time release a lien on all or part of the
21-5 property of the obligor or return seized property, without
21-6 liability, if assurance of payment is considered adequate by the
21-7 claimant or if the release or return will facilitate the collection
21-8 of the arrearages. The release or return may not operate to
21-9 prevent future action to collect from the same or other property
21-10 owned by the obligor.
21-11 SECTION 29. Section 157.322, Family Code, is amended to read
21-12 as follows:
21-13 Sec. 157.322. MANDATORY RELEASE OF LIEN. (a) On payment in
21-14 full of the amount of child support due, together with any costs
21-15 and reasonable attorney's fees, the child support lien claimant
21-16 shall execute and deliver to the obligor or the obligor's attorney
21-17 a release of the child support lien.
21-18 (b) The release of the child support lien is effective when:
21-19 (1) filed with the county clerk with whom the lien
21-20 notice or abstract of judgment was filed; or
21-21 (2) delivered to[. A copy of the release of lien may
21-22 be filed with] any other individual or organization that may have
21-23 been served with a lien notice under this subchapter.
21-24 SECTION 30. Sections 157.323(a) and (b), Family Code, are
21-25 amended to read as follows:
21-26 (a) In addition to any other remedy provided by law, an
21-27 action to foreclose a child support lien, [or] to dispute the
22-1 amount of arrearages stated in the lien, or to resolve issues of
22-2 ownership interest with respect to property subject to a child
22-3 support lien may be brought in:
22-4 (1) the court in which the lien notice was filed under
22-5 Section 157.314(b)(1);
22-6 (2) [of continuing jurisdiction or, if there is no
22-7 court of continuing jurisdiction in this state, in] the district
22-8 court of the county in which the property is or was located and the
22-9 lien was filed; or
22-10 (3) the court of continuing jurisdiction.
22-11 (b) The procedures provided by Subchapter B apply to a
22-12 foreclosure action under this section, except that a person or
22-13 organization in possession of the property of the obligor or known
22-14 to have an ownership interest in property that is subject to the
22-15 lien may be joined as an additional respondent.
22-16 SECTION 31. Section 157.324, Family Code, is amended to read
22-17 as follows:
22-18 Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
22-19 LIEN. A person who knowingly disposes of property subject to a
22-20 child support lien, [or] who, after a foreclosure hearing, fails to
22-21 surrender on demand nonexempt personal property as directed by a
22-22 court or administrative order under this subchapter, or who fails
22-23 to comply with a notice of levy under this subchapter is liable to
22-24 the claimant in an amount equal to the arrearages for which the
22-25 lien, notice of levy, or foreclosure judgment was issued.
22-26 SECTION 32. Section 157.325(a), Family Code, is amended to
22-27 read as follows:
23-1 (a) If a person has in the person's possession earnings,
23-2 deposits, accounts, [or] balances, or other funds or assets of the
23-3 obligor, including the proceeds of a judgment or other settlement
23-4 of a claim or counterclaim due to the obligor that are in excess of
23-5 the amount of arrearages specified in the child support lien, the
23-6 holder of the nonexempt personal property or the obligor may
23-7 request that the claimant release any excess amount from the lien.
23-8 The claimant shall grant the request and discharge any lien on the
23-9 excess amount unless the security for the arrearages would be
23-10 impaired.
23-11 SECTION 33. Section 157.326, Family Code, is amended to read
23-12 as follows:
23-13 Sec. 157.326. INTEREST OF OBLIGOR'S SPOUSE OR ANOTHER PERSON
23-14 HAVING OWNERSHIP INTEREST. (a) A spouse of an obligor or another
23-15 person having an ownership interest in property that is subject to
23-16 a child support lien may file suit under Section 157.323 to [an
23-17 affidavit with the court of continuing jurisdiction or, if there is
23-18 no court of continuing jurisdiction in this state, in the district
23-19 court of the county in which the property is or was located and the
23-20 lien was filed requesting that the court] determine the extent, if
23-21 any, of the spouse's or other person's interest in real or personal
23-22 property that is subject to:
23-23 (1) a lien perfected under this subchapter; or
23-24 (2) an action to foreclose under this subchapter.
23-25 (b) After notice to the obligor, the obligor's spouse, any
23-26 other person alleging an ownership interest, the claimant, and the
23-27 obligee, the court shall conduct a hearing and determine the
24-1 extent, if any, of the ownership interest in the property held by
24-2 the obligor's spouse or other person. If the court finds that:
24-3 (1) the property is the separate property of the
24-4 obligor's spouse or the other person, the court shall order that
24-5 the lien against the property be released and that any action to
24-6 foreclose on the property be dismissed; [or]
24-7 (2) the property is jointly owned by the obligor and
24-8 the obligor's spouse, the court shall determine whether the sale of
24-9 the obligor's interest in the property would result in an
24-10 unreasonable hardship on the obligor's spouse or family and:
24-11 (A) if so, the court shall render an order that
24-12 the obligor's interest in the property not be sold and that the
24-13 lien against the property should be released; or
24-14 (B) if not, the court shall render an order
24-15 partitioning the property and directing that the property be sold
24-16 and the proceeds applied to the child support arrearages; or
24-17 (3) the property is owned in part by another person,
24-18 other than the obligor's spouse, the court shall render an order
24-19 partitioning the property and directing that the obligor's share of
24-20 the property be applied to the child support arrearages.
24-21 (c) In a proceeding under this section, the spouse or other
24-22 person claiming an ownership interest in the property has the
24-23 burden to prove the extent of that ownership interest.
24-24 SECTION 34. Subchapter G, Chapter 157, Family Code, is
24-25 amended by adding Sections 157.327-157.331 to read as follows:
24-26 Sec. 157.327. EXECUTION AND LEVY ON FINANCIAL ASSETS OF
24-27 OBLIGOR. (a) Notwithstanding any other provision of law, if a
25-1 judgment or administrative determination of arrearages has been
25-2 rendered, a claimant may deliver a notice of levy to any financial
25-3 institution possessing or controlling assets or funds owned by, or
25-4 owed to, an obligor and subject to a child support lien, including
25-5 a lien for child support arising in another state.
25-6 (b) The notice under this section must:
25-7 (1) identify the amount of child support arrearages
25-8 owing at the time the amount of arrearages was determined; and
25-9 (2) direct the financial institution to pay to the
25-10 claimant, not earlier than the 15th day or later than the 21st day
25-11 after the date of delivery of the notice, an amount from the assets
25-12 of the obligor or from funds due to the obligor that are held or
25-13 controlled by the institution, not to exceed the amount of the
25-14 child support arrearages identified in the notice, unless:
25-15 (A) the institution is notified by the claimant
25-16 that the obligor has paid the arrearages or made arrangements
25-17 satisfactory to the claimant for the payment of the arrearages;
25-18 (B) the obligor or another person files a suit
25-19 under Section 157.323 requesting a hearing by the court; or
25-20 (C) if the claimant is the Title IV-D agency,
25-21 the obligor has requested an agency review under Section 157.328.
25-22 (c) A financial institution that receives a notice of levy
25-23 under this section may not close an account in which the obligor
25-24 has an ownership interest, permit a withdrawal from any account the
25-25 obligor owns, in whole or in part, or pay funds to the obligor so
25-26 that any amount remaining in the account is less than the amount of
25-27 the arrearages identified in the notice, plus any fees due to the
26-1 institution and any costs of the levy identified by the claimant.
26-2 (d) A financial institution that receives a notice of levy
26-3 under this section shall notify any other person having an
26-4 ownership interest in an account in which the obligor has an
26-5 ownership interest that the account has been levied on in an amount
26-6 not to exceed the amount of the child support arrearages identified
26-7 in the notice of levy.
26-8 (e) The notice of levy may be delivered to a financial
26-9 institution as provided by Section 59.008, Finance Code, if the
26-10 institution is subject to that law or may be delivered to the
26-11 registered agent, the institution's main business office in this
26-12 state, or another address provided by the institution under Section
26-13 231.307.
26-14 Sec. 157.328. NOTICE OF LEVY SENT TO OBLIGOR. (a) At the
26-15 time the notice of levy under Section 157.327 is delivered to a
26-16 financial institution, the claimant shall serve the obligor with a
26-17 copy of the notice.
26-18 (b) The notice of levy delivered to the obligor must inform
26-19 the obligor that:
26-20 (1) the claimant will not proceed with levy if, not
26-21 later than the 10th day after the date of receipt of the notice,
26-22 the obligor pays in full the amount of arrearages identified in the
26-23 notice or otherwise makes arrangements acceptable to the claimant
26-24 for the payment of the arrearage amounts; and
26-25 (2) the obligor may contest the levy by filing suit
26-26 under Section 157.323 not later than the 10th day after the date of
26-27 receipt of the notice.
27-1 (c) If the claimant is the Title IV-D agency, the obligor
27-2 receiving a notice of levy may request review by the agency not
27-3 later than the 10th day after the date of receipt of the notice to
27-4 resolve any issue in dispute regarding the existence or amount of
27-5 the arrearages. The agency shall provide an opportunity for a
27-6 review, by telephone conference or in person, as appropriate to the
27-7 circumstances, not later than the fifth business day after the date
27-8 an oral or written request from the obligor for the review is
27-9 received. If the review fails to resolve any issue in dispute, the
27-10 obligor may file suit under Section 157.323 for a hearing by the
27-11 court not later than the fifth day after the date of the conclusion
27-12 of the agency review. If the obligor fails to timely file suit, the
27-13 Title IV-D agency may request the financial institution to release
27-14 and remit the funds subject to levy.
27-15 (d) The notice under this section may be delivered to the
27-16 last known address of the obligor by first class mail, certified
27-17 mail, or registered mail.
27-18 Sec. 157.329. NO LIABILITY FOR COMPLIANCE WITH NOTICE OF
27-19 LEVY. A financial institution that possesses or has a right to an
27-20 obligor's assets for which a notice of levy has been delivered and
27-21 that surrenders the assets or right to assets to a child support
27-22 lien claimant is not liable to the obligor or any other person for
27-23 the property or rights surrendered.
27-24 Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. A
27-25 person who possesses or has a right to property that is the
27-26 subject of a notice of levy delivered to the person and who refuses
27-27 to surrender the property or right to property to the claimant on
28-1 demand is liable to the claimant in an amount equal to the value of
28-2 the property or right to property not surrendered but that does not
28-3 exceed the amount of the child support arrearages for which the
28-4 notice of levy has been filed.
28-5 Sec. 157.331. ADDITIONAL LEVY TO SATISFY ARREARAGES. If the
28-6 property or right to property on which a notice of levy has been
28-7 filed does not produce money sufficient to satisfy the amount of
28-8 child support arrearages identified in the notice of levy, the
28-9 claimant may proceed to levy on other property of the obligor until
28-10 the total amount of child support due is paid.
28-11 SECTION 35. Subchapter A, Chapter 158, Family Code, is
28-12 amended by adding Section 158.0051 to read as follows:
28-13 Sec. 158.0051. ORDER FOR WITHHOLDING FOR COSTS AND FEES. (a)
28-14 In addition to an order for income to be withheld for child
28-15 support, including child support and child support arrearages, the
28-16 court may render an order that income be withheld from the
28-17 disposable earnings of the obligor to be applied towards the
28-18 satisfaction of any ordered attorney's fees and costs resulting
28-19 from an action to enforce child support under this title.
28-20 (b) An order rendered under this section is subordinate to
28-21 an order or writ of withholding for child support under this
28-22 chapter and is subject to the maximum amount allowed to be withheld
28-23 under Section 158.009.
28-24 (c) The court shall order that amounts withheld for fees and
28-25 costs under this section be remitted directly to the person
28-26 entitled to the ordered attorney's fees or costs or be paid through
28-27 a local registry for disbursement to that person.
29-1 SECTION 36. Section 158.103, Family Code, is amended to read
29-2 as follows:
29-3 Sec. 158.103. CONTENTS OF ORDER OR WRIT OF WITHHOLDING. An
29-4 order of withholding or writ of withholding issued under this
29-5 chapter must contain the information required by the forms
29-6 prescribed by the Title IV-D agency under Section 158.106 [that is
29-7 necessary for an employer or other entity to comply with the
29-8 existing child support order, including:]
29-9 [(1) the style, cause number, and court having
29-10 continuing jurisdiction of the suit;]
29-11 [(2) the name, address, and, if available, the social
29-12 security number of the obligor;]
29-13 [(3) the amount and duration of the child support
29-14 payments and medical support payments or other provisions for
29-15 medical support, the amount of arrearages, accrued interest, and
29-16 ordered fees and costs;]
29-17 [(4) the name, address, and, if available, the social
29-18 security numbers of the child and the obligee;]
29-19 [(5) the name and address of the person or agency to
29-20 whom the payments shall be made;]
29-21 [(6) the amount of income to be withheld and remitted;
29-22 and]
29-23 [(7) whether the child is to be enrolled in health
29-24 insurance coverage available through the obligor's employment].
29-25 SECTION 37. Sections 158.105(b)-(d), Family Code, are amended
29-26 to read as follows:
29-27 (b) [In order to inform the employer, the clerk shall attach
30-1 a copy of Subchapter C to the order or writ.]
30-2 [(c)] The clerk shall issue and mail the certified copy of
30-3 the order or judicial writ not later than the fourth working day
30-4 after the date the order is signed or the request is filed,
30-5 whichever is later.
30-6 (c) [(d)] An order or judicial writ of withholding shall be
30-7 delivered to the employer by first class mail or, if requested, by
30-8 certified or registered mail, return receipt requested, electronic
30-9 transmission, or by service of citation to:
30-10 (1) the person authorized to receive service of
30-11 process for the employer in civil cases generally; or
30-12 (2) a person designated by the employer, by written
30-13 notice to the clerk, to receive orders or writs of withholding.
30-14 SECTION 38. Section 158.106(a), Family Code, is amended to
30-15 read as follows:
30-16 (a) The Title IV-D agency shall prescribe forms as required
30-17 [authorized] by federal law in a standard format entitled order or
30-18 notice to withhold income for child support.
30-19 SECTION 39. Section 158.206, Family Code, is amended to read
30-20 as follows:
30-21 Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER; WORKERS'
30-22 COMPENSATION CLAIMS [FOR PAYMENTS]. (a) An employer receiving an
30-23 order or a writ of withholding under this chapter, including an
30-24 order or writ directing that health insurance be provided to a
30-25 child, who complies with the order or writ is not liable to the
30-26 obligor for the amount of income withheld and paid as required by
30-27 the order or writ.
31-1 (b) An employer receiving an order or writ of withholding
31-2 who does not comply with the order or writ is liable:
31-3 (1) to the obligee for the amount not paid in
31-4 compliance with the order or writ, including the amount the obligor
31-5 is required to pay for health insurance under Chapter 154;
31-6 (2) to the obligor for:
31-7 (A) the amount withheld and not paid as required
31-8 by the order or writ; and
31-9 (B) an amount equal to the interest that accrues
31-10 under Section 157.265 on the amount withheld and not paid; and
31-11 (3) for reasonable attorney's fees and court costs.
31-12 (c) If an obligor has filed a claim for workers'
31-13 compensation, the obligor's employer shall send a copy of the
31-14 income withholding order or writ to the insurance carrier with whom
31-15 the claim has been filed in order to continue the ordered
31-16 withholding of income.
31-17 SECTION 40. Section 158.501, Family Code, is amended by
31-18 adding Subsection (c) to read as follows:
31-19 (c) The Title IV-D agency may use the procedures authorized
31-20 by this subchapter to enforce a support order rendered by a
31-21 tribunal of another state regardless of whether the order has been
31-22 registered under Chapter 159.
31-23 SECTION 41. Section 158.502(c), Family Code, is amended to
31-24 read as follows:
31-25 (c) The Title IV-D agency may issue an administrative writ
31-26 of withholding as a reissuance of an existing withholding order on
31-27 file with the court of continuing jurisdiction or a tribunal of
32-1 another state. The administrative writ under this subsection is
32-2 not subject to the contest provisions of Sections 158.505(a)(2) and
32-3 158.506.
32-4 SECTION 42. Section 158.503(b), Family Code, is amended to
32-5 read as follows:
32-6 (b) Not later than the third business day after the date of
32-7 delivery of the administrative writ of withholding to an employer,
32-8 the Title IV-D agency shall file a copy of the writ, together with
32-9 a signed certificate of service, in the court of continuing
32-10 jurisdiction. The certificate of service may be signed
32-11 electronically. This subsection does not apply to the enforcement
32-12 under Section 158.501(c) of a support order rendered by a tribunal
32-13 of another state.
32-14 SECTION 43. Section 158.504(b), Family Code, is amended to
32-15 read as follows:
32-16 (b) An administrative writ of withholding issued under this
32-17 subchapter may contain only the information that is necessary for
32-18 the employer to withhold income for child support and medical
32-19 support and shall specify the place where the withheld income is to
32-20 be paid [comply with the existing support order, including the
32-21 amount of current support and medical support, the amount of
32-22 arrearages, accrued interest, and the amount of earnings to be
32-23 withheld].
32-24 SECTION 44. Section 158.505(a), Family Code, is amended to
32-25 read as follows:
32-26 (a) On issuance of an administrative writ of withholding,
32-27 the Title IV-D agency shall send the obligor:
33-1 (1) notice that the withholding has commenced,
33-2 including, if the writ is issued as provided by Section 158.502(b),
33-3 the amount of the arrearages, including accrued interest;
33-4 (2) except as provided by Section 158.502(c), notice
33-5 of the procedures to follow if the obligor desires to contest
33-6 withholding on the grounds that the identity of the obligor or the
33-7 existence or amount of arrearages is incorrect; and
33-8 (3) a copy of the administrative writ, including the
33-9 information concerning income withholding provided to the employer.
33-10 SECTION 45. Section 160.005(b), Family Code, is amended to
33-11 read as follows:
33-12 (b) Except as provided under Section 154.131, on [On] a
33-13 finding of parentage, the court may order support retroactive to
33-14 the time of the birth of the child and, on a proper showing, may
33-15 order a party to pay an equitable portion of all prenatal and
33-16 postnatal health care expenses of the mother and child.
33-17 SECTION 46. Section 201.104, Family Code, is amended by
33-18 adding Subsection (e) to read as follows:
33-19 (e) Only the referring court may render an order for
33-20 postjudgment relief, including an order for a new trial.
33-21 SECTION 47. Section 201.1041(b), Family Code, is amended to
33-22 read as follows:
33-23 (b) A master's report that recommends enforcement by
33-24 contempt or the immediate incarceration of a party becomes an order
33-25 of the referring court only if:
33-26 (1) the referring court signs an order adopting the
33-27 master's recommendation; and
34-1 (2) the order meets the requirements of Section
34-2 157.166.
34-3 SECTION 48. Section 201.1042, Family Code, is amended by
34-4 adding Subsection (g) to read as follows:
34-5 (g) Until a hearing is held on a timely filed appeal under
34-6 this section, a master may not hold a hearing on the respondent's
34-7 compliance with conditions in the master's report for suspension of
34-8 incarceration.
34-9 SECTION 49. Subchapter B, Chapter 201, Family Code, is
34-10 amended by adding Section 201.113 to read as follows:
34-11 Sec. 201.113. VISITING CHILD SUPPORT MASTER. (a) If a child
34-12 support master appointed under this subchapter is temporarily
34-13 unable to perform the master's official duties because of absence
34-14 resulting from family circumstances, illness, injury, or
34-15 disability, the presiding judge of the administrative judicial
34-16 region in which the master serves may appoint a visiting child
34-17 support master to perform the duties of the master during the
34-18 period the master is unable to perform the master's duties.
34-19 (b) A person is not eligible for appointment under this
34-20 section unless the person has served as a child support master or
34-21 associate judge for at least two years before the date of
34-22 appointment.
34-23 (c) A visiting master appointed under this section is
34-24 subject to each provision of this chapter that applies to a child
34-25 support master serving under a regular appointment. A visiting
34-26 master appointed under this section is entitled to compensation to
34-27 be determined by a majority vote of the presiding judges of the
35-1 administrative judicial regions through use of funds under Section
35-2 201.105(b). A visiting judge is not considered a state employee
35-3 for any purpose.
35-4 SECTION 50. Sections 203.004(a) and (c), Family Code, are
35-5 amended to read as follows:
35-6 (a) A domestic relations office may:
35-7 (1) collect and disburse child support payments that
35-8 are ordered by a court to be paid through a domestic relations
35-9 registry;
35-10 (2) maintain records of payments and disbursements
35-11 made under Subdivision (1);
35-12 (3) file a suit, including a suit to:
35-13 (A) establish paternity;
35-14 (B) enforce a court order for child support or
35-15 for possession of and access to a child; and
35-16 (C) modify or clarify an existing child support
35-17 order;
35-18 (4) provide an informal forum in which:
35-19 (A) mediation is used to resolve disputes in an
35-20 action under Subdivision (3); or
35-21 (B) an agreed repayment schedule for delinquent
35-22 child support is negotiated as an alternative to filing a suit to
35-23 enforce a court order for child support under Subdivision (3);
35-24 (5) prepare a court-ordered social study;
35-25 (6) represent a child as guardian ad litem in a suit
35-26 in which:
35-27 (A) termination of the parent-child relationship
36-1 is sought; or
36-2 (B) conservatorship of or access to a child is
36-3 contested;
36-4 (7) serve as a friend of the court;
36-5 (8) provide predivorce counseling ordered by a court;
36-6 (9) provide community supervision services under
36-7 Chapter 157; [and]
36-8 (10) provide information to assist a party in
36-9 understanding, complying with, or enforcing the party's duties and
36-10 obligations under Subdivision (3); and
36-11 (11) provide, directly or through a contract,
36-12 visitation services, including supervision of court-ordered
36-13 visitation, visitation exchange, or other similar services.
36-14 (c) A domestic relations office may:
36-15 (1) hire or contract for the services of attorneys to
36-16 assist the office in providing services under this chapter; and
36-17 (2) employ community supervision officers or court
36-18 monitors.
36-19 SECTION 51. Section 203.005(a), Family Code, is amended to
36-20 read as follows:
36-21 (a) The administering entity may authorize a domestic
36-22 relations office to assess and collect:
36-23 (1) an initial operations fee not to exceed $15 to be
36-24 paid to the domestic relations office on the filing of a suit;
36-25 (2) in a county that has a child support enforcement
36-26 cooperative agreement with the Title IV-D agency, an initial child
36-27 support service fee not to exceed $36 to be paid to the domestic
37-1 relations office on the filing of a suit;
37-2 (3) a reasonable application fee to be paid by an
37-3 applicant requesting services from the office;
37-4 (4) a reasonable attorney's fee and court costs
37-5 incurred or ordered by the court;
37-6 (5) a monthly [child support] service fee not to
37-7 exceed $3 to be paid annually in advance by a managing conservator
37-8 and possessory conservator for whom the domestic relations office
37-9 provides services [acts as a local child support registry];
37-10 (6) community supervision fees as provided by Chapter
37-11 157 if community supervision officers are employed by the domestic
37-12 relations office; and
37-13 (7) a reasonable fee for preparation of a
37-14 court-ordered social study.
37-15 SECTION 52. Subchapter A, Chapter 231, Family Code, is
37-16 amended by adding Section 231.015 to read as follows:
37-17 Sec. 231.015. INSURANCE REPORTING PILOT PROGRAM. (a) In
37-18 consultation with the Texas Department of Insurance and
37-19 representatives of the insurance industry in this state, including
37-20 insurance trade associations, the Title IV-D agency by rule shall
37-21 establish a pilot program to improve the use of child support liens
37-22 under Chapter 157. The pilot program shall develop processes under
37-23 which insurance companies may voluntarily cooperate with the Title
37-24 IV-D agency in identifying obligors who are subject to liens for
37-25 child support arrearages to intercept certain liability insurance
37-26 settlements or awards for claims in satisfaction of the arrearage
37-27 amounts.
38-1 (b) An insurance company that provides information or
38-2 otherwise responds to a notice of child support lien or levy under
38-3 Subchapter G, Chapter 157, or acts in good faith to comply with
38-4 procedures established in the pilot program under this section is
38-5 not liable for those acts under any law to any person.
38-6 SECTION 53. Section 231.104(a), Family Code, is amended to
38-7 read as follows:
38-8 (a) To the extent authorized by federal law, the approval of
38-9 an application for or the receipt of financial assistance as
38-10 provided by Chapter 31, Human Resources Code, constitutes an
38-11 assignment to the Title IV-D agency of any rights to support from
38-12 any other person that the applicant or recipient may have
38-13 personally or for a child for whom the applicant or recipient is
38-14 claiming assistance[, including the right to the amount accrued at
38-15 the time the application is filed or the assistance is received].
38-16 SECTION 54. Sections 231.105(a) and (b), Family Code, are
38-17 amended to read as follows:
38-18 (a) Child support payments for the benefit of a child whose
38-19 support rights have been assigned to the Title IV-D agency under
38-20 Section 231.104 shall be made payable to [and transmitted to] the
38-21 Title IV-D agency and transmitted to the state disbursement unit as
38-22 provided by Chapter 234.
38-23 (b) If a court has ordered support payments to be made to an
38-24 applicant for or recipient of financial assistance or to an [a
38-25 person other than the] applicant for or recipient of Title IV-D
38-26 services, the Title IV-D agency shall, on providing notice to the
38-27 obligee and the obligor, direct the obligor or other payor to make
39-1 support payments payable to the Title IV-D agency and to transmit
39-2 the payments to the state disbursement unit [agency]. The Title
39-3 IV-D agency shall file a copy of the notice with the court ordering
39-4 the payments and with the child support registry. The notice must
39-5 include:
39-6 (1) a statement that the child is an applicant for or
39-7 recipient of financial assistance, or a child other than a
39-8 recipient child for whom Title IV-D services are provided;
39-9 (2) the name of the child and the caretaker for whom
39-10 support has been ordered by the court;
39-11 (3) the style and cause number of the case in which
39-12 support was ordered; and
39-13 (4) instructions for the payment of ordered support to
39-14 the agency.
39-15 SECTION 55. Section 231.204, Family Code, is amended to read
39-16 as follows:
39-17 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except as
39-18 provided by this subchapter, an appellate court, a clerk of an
39-19 appellate court, a district or county clerk, sheriff, constable, or
39-20 other government officer or employee may not charge the Title IV-D
39-21 agency or a private attorney or political subdivision that has
39-22 entered into a contract to provide Title IV-D services any fees or
39-23 other amounts otherwise imposed by law for services rendered in, or
39-24 in connection with, a Title IV-D case, including:
39-25 (1) a fee payable to a district clerk for:
39-26 (A) performing services related to the estates
39-27 of deceased persons or minors;
40-1 (B) certifying copies; or
40-2 (C) comparing copies to originals;
40-3 (2) a court reporter fee, except as provided by
40-4 Section 231.209;
40-5 (3) a judicial fund fee;
40-6 (4) a fee for a child support registry, enforcement
40-7 office, or domestic relations office; [and]
40-8 (5) a fee for alternative dispute resolution services;
40-9 and
40-10 (6) a filing fee or other costs payable to a clerk of
40-11 an appellate court.
40-12 SECTION 56. Section 231.302(b), Family Code, is amended to
40-13 read as follows:
40-14 (b) A government agency, private company, institution, or
40-15 other entity shall provide the information requested under
40-16 Subsection (a) directly to the Title IV-D agency, without the
40-17 requirement of payment of a fee for the information, and shall,
40-18 subject to safeguards on privacy and information security, provide
40-19 the information in the most efficient and expeditious manner
40-20 available, including electronic or automated transfer and
40-21 interface. Any individual or entity disclosing information under
40-22 this section in response to a request from a Title IV-D agency may
40-23 not be held liable in any civil action or proceeding to any person
40-24 for the disclosure of information under this subsection.
40-25 SECTION 57. Section 231.307, Family Code, is amended by
40-26 amending Subsections (a) and (e) and adding Subsection (f) to read
40-27 as follows:
41-1 (a) The Title IV-D agency shall develop a system meeting the
41-2 requirements of federal law (42 U.S.C. Sections 666(a)(4) and (17))
41-3 [42 U.S.C. Section 666(a)(17)] for the [quarterly] exchange of data
41-4 with financial institutions doing business in the state to identify
41-5 an account of an obligor owing past-due child support and to
41-6 enforce support obligations against the obligor, including the
41-7 imposition of a lien and a levy and execution on an obligor's
41-8 assets held in financial institutions as required by federal law
41-9 (42 U.S.C. Section 666(c)(1)(G)).
41-10 (e) In this section:
41-11 (1) "Financial institution" has the meaning assigned
41-12 by [42 U.S.C.] Section 157.311 [669a(d)(1)]; and
41-13 (2) "Account" has the meaning assigned by Section
41-14 157.311 [means a demand deposit account, checking or negotiable
41-15 withdrawal order account, savings account, time deposit account, or
41-16 money market mutual fund account].
41-17 (f) A financial institution participating in data matches
41-18 authorized by this section may provide the Title IV-D agency an
41-19 address for the purpose of service of notices or process required
41-20 in actions under this section or Subchapter G, Chapter 157.
41-21 SECTION 58. Section 232.001(4), Family Code, is amended to
41-22 read as follows:
41-23 (4) "Subpoena" means a judicial or administrative
41-24 subpoena issued in a parentage determination or child support
41-25 proceeding under this title.
41-26 SECTION 59. Section 232.003, Family Code, is amended to read
41-27 as follows:
42-1 Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the
42-2 Title IV-D agency may issue an order suspending a license as
42-3 provided by this chapter if an individual who is an obligor:
42-4 (1) owes overdue [has a] child support in an amount
42-5 [arrearage] equal to or greater than the total support due for
42-6 three months [90 days] under a support order;
42-7 (2) has been provided an opportunity to make payments
42-8 toward the overdue child support [arrearage] under a court-ordered
42-9 [court order] or [an] agreed repayment schedule; and
42-10 (3) has failed to comply with the repayment schedule.
42-11 (b) A court or the Title IV-D agency may issue an order
42-12 suspending a license as provided by this chapter if a parent or
42-13 alleged parent [an individual] has failed, after receiving
42-14 appropriate notice, to comply with a subpoena.
42-15 SECTION 60. Section 232.005(a), Family Code, is amended to
42-16 read as follows:
42-17 (a) A petition under this chapter must state that license
42-18 suspension is required under Section 232.003 and allege:
42-19 (1) the name and, if known, social security number of
42-20 the individual;
42-21 (2) with regard to each license, the type, and if
42-22 known, number of any license the individual is believed to hold and
42-23 the name of the licensing authority that issued the license; and
42-24 (3) the amount of arrearages owed under the child
42-25 support order or the facts associated with the individual's failure
42-26 to comply with a subpoena.
42-27 SECTION 61. Section 232.009, Family Code, is amended to read
43-1 as follows:
43-2 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
43-3 shall consider the allegations of the petition for suspension to be
43-4 admitted and shall render an order suspending the license of an
43-5 obligor without the requirement of a hearing if the court or Title
43-6 IV-D agency determines that the individual failed to[:]
43-7 [(1)] respond to a notice issued under Section 232.006
43-8 by:
43-9 (1) requesting[;]
43-10 [(2) request] a hearing; or
43-11 (2) appearing [(3) appear] at a scheduled hearing.
43-12 SECTION 62. Section 232.011, Family Code, is amended by
43-13 adding Subsection (i) to read as follows:
43-14 (i) An order issued under this chapter to suspend a license
43-15 applies to each license issued by the licensing authority subject
43-16 to the order for which the obligor is eligible. The licensing
43-17 authority may not issue or renew any other license for the obligor
43-18 until the court or the Title IV-D agency renders an order vacating
43-19 or staying an order suspending license.
43-20 SECTION 63. Section 232.015(b), Family Code, is amended to
43-21 read as follows:
43-22 (b) A licensing authority shall provide the requested
43-23 information in the form and manner identified [agreed to] by the
43-24 Title IV-D agency [and the licensing authority].
43-25 SECTION 64. Section 233.006, Family Code, is amended to read
43-26 as follows:
43-27 Sec. 233.006. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.
44-1 (a) The notice of child support review issued by the Title IV-D
44-2 agency must:
44-3 (1) describe the procedure for a child support review,
44-4 including the procedures for requesting a negotiation conference;
44-5 (2) inform the recipient that the recipient may be
44-6 represented by legal counsel during the review process or at a
44-7 court hearing; and
44-8 (3) inform the recipient that the recipient may refuse
44-9 to participate or cease participation in the child support review
44-10 process, but that the refusal by the recipient to participate will
44-11 not prevent the completion of the process or the filing of a child
44-12 support review order[;]
44-13 [(4) include an affidavit of financial resources to be
44-14 executed by the recipient; and]
44-15 [(5) include a request that the recipient designate,
44-16 on a form provided by the Title IV-D agency, an address for mailing
44-17 any subsequent notice to the recipient].
44-18 (b) In addition to the information required by Subsection
44-19 (a), the notice of child support review may [must] inform the
44-20 recipient that:
44-21 (1) an affidavit of financial resources included with
44-22 the notice must be executed by the recipient and [the information
44-23 requested on the form must be] returned to the Title IV-D agency
44-24 not later than the 15th day after the date the notice is received
44-25 or delivered; and
44-26 (2) if the requested affidavit of financial resources
44-27 [information] is not returned as required, the agency may:
45-1 (A) proceed with the review using the
45-2 information that is available to the agency; and
45-3 (B) file a legal action without further notice
45-4 to the recipient, except as otherwise required by law.
45-5 SECTION 65. Section 233.009, Family Code, is amended by
45-6 adding Subsection (f) to read as follows:
45-7 (f) Notwithstanding any other provision of this chapter, if
45-8 the parties have agreed to the terms of a proposed child support
45-9 review order and each party has signed the order, including a
45-10 waiver of the right to service of process as provided by Section
45-11 233.018, the Title IV-D agency may immediately present the order
45-12 and waiver to the court for confirmation without conducting a
45-13 negotiation conference or requiring the production of financial
45-14 information.
45-15 SECTION 66. Section 233.0095, Family Code, is amended by
45-16 adding Subsection (f) to read as follows:
45-17 (f) Notwithstanding any other provision of this chapter, if
45-18 paternity has been acknowledged, the parties have agreed to the
45-19 terms of a proposed child support review order, and each party has
45-20 signed the order, including a waiver of the right to service of
45-21 process as provided by Section 233.018, the Title IV-D agency may
45-22 immediately present the order and waiver to the court for
45-23 confirmation without conducting a negotiation conference or
45-24 requiring the production of financial information.
45-25 SECTION 67. Section 233.018(a), Family Code, is amended to
45-26 read as follows:
45-27 (a) If a negotiation conference results in an agreement of
46-1 the parties, each party must sign the child support review order
46-2 and the order must contain as to each party:
46-3 (1) a waiver by the party of the right to service of
46-4 process and a court hearing and the making of a record on the
46-5 petition for confirmation;
46-6 (2) the mailing address of the party; and
46-7 (3) the following statement printed on the order in
46-8 boldfaced type, in capital letters, or underlined:
46-9 "I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND [KNOW THAT I
46-10 DO NOT HAVE TO SIGN] THIS CHILD SUPPORT REVIEW ORDER. I UNDERSTAND
46-11 THAT IF I SIGN THIS ORDER, IT WILL BE CONFIRMED BY THE COURT
46-12 WITHOUT FURTHER NOTICE TO ME. I KNOW THAT I HAVE A RIGHT TO
46-13 REQUEST THAT A COURT RECONSIDER THE ORDER BY FILING A MOTION FOR A
46-14 NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY AFTER THE DATE OF THE
46-15 CONFIRMATION OF THE ORDER BY THE COURT. I KNOW THAT IF I DO NOT
46-16 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF COURT."
46-17 SECTION 68. Section 233.024(a), Family Code, is amended to
46-18 read as follows:
46-19 (a) If the court finds that all parties have appropriately
46-20 agreed to a child support review order and that there is waiver of
46-21 service, the court shall sign the order not later than the third
46-22 day after the filing of the order. The court may sign the order
46-23 before filing the order, but the signed order shall immediately be
46-24 filed.
46-25 SECTION 69. Section 234.001, Family Code, is amended by
46-26 amending Subsections (a) and (c) and adding Subsection (d) to read
46-27 as follows:
47-1 (a) The Title IV-D agency shall establish and operate a
47-2 state case registry and state disbursement unit meeting the
47-3 requirements of 42 U.S.C. Sections 654a(e) and 654b and this
47-4 subchapter.
47-5 (c) The state disbursement unit shall:
47-6 (1) receive, maintain, and furnish records of child
47-7 support payments in Title IV-D cases and other cases as authorized
47-8 [required] by law;
47-9 (2) forward child support payments as authorized
47-10 [required] by law;
47-11 (3) maintain child support payment records made
47-12 through the state disbursement unit; and
47-13 (4) make available to a local registry each day in a
47-14 manner determined by the Title IV-D agency with the assistance of
47-15 the work group established under Section 234.003 the following
47-16 information:
47-17 (A) the cause number of the suit under which
47-18 withholding is required;
47-19 (B) the payor's name and social security number;
47-20 (C) the payee's name and, if available, social
47-21 security number;
47-22 (D) the date the disbursement unit received the
47-23 payment;
47-24 (E) the amount of the payment; and
47-25 (F) the instrument identification information.
47-26 (d) A certified child support payment record produced by the
47-27 state disbursement unit is admissible as evidence of the truth of
48-1 the information contained in the record and does not require
48-2 further authentication or verification.
48-3 SECTION 70. Section 234.004, Family Code, is amended to read
48-4 as follows:
48-5 Sec. 234.004. CONTRACTS AND COOPERATIVE AGREEMENTS. (a) The
48-6 Title IV-D agency may enter into contracts and cooperative
48-7 agreements as necessary to establish and operate the state case
48-8 registry and state disbursement unit authorized under this
48-9 subchapter.
48-10 (b) To the extent funds are available for this purpose, the
48-11 Title IV-D agency may enter into contracts or cooperative
48-12 agreements to process through the state disbursement unit child
48-13 support collections in cases not otherwise eligible under 42 U.S.C.
48-14 Section 654b.
48-15 SECTION 71. Section 234.006, Family Code, as added by Chapter
48-16 556, Acts of the 76th Legislature, Regular Session, 1999, is
48-17 amended to read as follows:
48-18 Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. The Title IV-D
48-19 agency [shall], in cooperation with the work group established
48-20 under Section 234.003, may adopt rules[,] in compliance with
48-21 federal law[, that establish the definitions for, and the date of
48-22 and the procedures] for[:]
48-23 [(1)] the operation of the state case registry and the
48-24 state disbursement unit[; and]
48-25 [(2) the return of payments made in error or delivered
48-26 to the state disbursement unit with insufficient information for
48-27 disbursement].
49-1 SECTION 72. Section 730.005, Transportation Code, is amended
49-2 to read as follows:
49-3 Sec. 730.005. REQUIRED DISCLOSURE. Personal information
49-4 obtained by an agency in connection with a motor vehicle record
49-5 shall be disclosed for use in connection with any matter of:
49-6 (1) motor vehicle or motor vehicle operator safety;
49-7 (2) motor vehicle theft;
49-8 (3) motor vehicle emissions;
49-9 (4) motor vehicle product alterations, recalls, or
49-10 advisories;
49-11 (5) performance monitoring of motor vehicles or motor
49-12 vehicle dealers by a motor vehicle manufacturer; [or]
49-13 (6) removal of nonowner records from the original
49-14 owner records of a motor vehicle manufacturer to carry out the
49-15 purposes of:
49-16 (A) the Automobile Information Disclosure Act,
49-17 15 U.S.C. Section 1231 et seq.;
49-18 (B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
49-19 329, and 331;
49-20 (C) the Anti Car Theft Act of 1992, 18 U.S.C.
49-21 Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
49-22 Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
49-23 as amended;
49-24 (D) the Clean Air Act, 42 U.S.C. Section 7401 et
49-25 seq., as amended; and
49-26 (E) any other statute or regulation enacted or
49-27 adopted under or in relation to a law included in Paragraphs
50-1 (A)-(D); or
50-2 (7) child support enforcement under Chapter 231,
50-3 Family Code.
50-4 SECTION 73. Title 5, Finance Code, is amended by adding
50-5 Chapter 396 to read as follows:
50-6 CHAPTER 396. PRIVATE CHILD SUPPORT ENFORCEMENT AGENCIES
50-7 SUBCHAPTER A. GENERAL PROVISIONS
50-8 Sec. 396.001. DEFINITIONS. In this chapter:
50-9 (1) "Child support enforcement" means an action,
50-10 conduct, or practice in enforcing, or in soliciting for
50-11 enforcement, a child support obligation, including the collection
50-12 of an amount owed under a child support obligation.
50-13 (2) "Child support obligation" means an obligation for
50-14 the payment of financial support for a child under an order or writ
50-15 issued by a court or other tribunal.
50-16 (3) "Department" means the Texas Department of
50-17 Banking.
50-18 (4) "Foreign agency" means a private child support
50-19 enforcement agency that engages in business in this state solely by
50-20 use of telephone, mail, the Internet, facsimile transmission, or
50-21 any other means of interstate communication.
50-22 (5) "Obligee" means the person identified in an order
50-23 for child support issued by a court or other tribunal as the payee
50-24 to whom an obligor's amounts of ordered child support are due.
50-25 (6) "Obligor" means the person identified in an order
50-26 for child support issued by a court or other tribunal as the
50-27 individual required to make payment under the terms of a support
51-1 order for a child.
51-2 (7) "Private child support enforcement agency" means
51-3 an individual or nongovernmental entity who engages in the
51-4 enforcement of child support ordered by a court or other tribunal
51-5 for a fee or other consideration. The term does not include:
51-6 (A) an attorney enforcing a child support
51-7 obligation on behalf of, and in the name of, a client unless the
51-8 attorney has an employee who is not an attorney and who on behalf
51-9 of the attorney:
51-10 (i) regularly solicits for child support
51-11 enforcement; or
51-12 (ii) regularly contacts child support
51-13 obligees or obligors for the purpose of child support enforcement;
51-14 (B) a state agency designated to serve as the
51-15 state's Title IV-D agency in accordance with Part D, Title IV,
51-16 Social Security Act (42 U.S.C. Section 651 et seq.), as amended; or
51-17 (C) a contractor awarded a contract to engage in
51-18 child support enforcement on behalf of a governmental agency,
51-19 including a contractor awarded a contract:
51-20 (i) under Chapter 236, Family Code; or
51-21 (ii) by a political subdivision of this or
51-22 another state that is authorized by law to enforce a child support
51-23 obligation.
51-24 (8) "Registered agency" means a private child support
51-25 enforcement agency, including a foreign agency, that is registered
51-26 under this chapter.
51-27 (Sections 396.002-396.050 reserved for expansion
52-1 SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
52-2 Sec. 396.051. ADMINISTRATIVE AND RULEMAKING AUTHORITY. (a)
52-3 The department shall administer this chapter.
52-4 (b) The Finance Commission of Texas shall adopt rules as
52-5 necessary for the administration of this chapter.
52-6 Sec. 396.052. FILING FEE. (a) The department shall charge
52-7 each applicant for a certificate of registration, or renewal of a
52-8 certificate, a nonrefundable fee of $500 for each certificate.
52-9 (b) The application fee is due on the date the applicant
52-10 submits an application for registration. The renewal fee is due on
52-11 the date a certificate holder submits an application to renew a
52-12 registration.
52-13 Sec. 396.053. COST OF REGULATION. The department may charge
52-14 each registered private child support enforcement agency an annual
52-15 fee not to exceed $500 to cover the cost of enforcing this chapter.
52-16 (Sections 396.054-396.100 reserved for expansion
52-17 SUBCHAPTER C. REGISTRATION
52-18 Sec. 396.101. REGISTRATION REQUIRED. Except as otherwise
52-19 provided by this chapter, a private child support enforcement
52-20 agency must register with the department to engage in child support
52-21 enforcement in this state.
52-22 Sec. 396.102. RECOGNITION OF AUTHORIZATION ISSUED BY ANOTHER
52-23 STATE. (a) The department may waive any prerequisite to obtaining
52-24 a registration for a foreign agency:
52-25 (1) after reviewing the applicant's credentials and
52-26 determining that the applicant holds a valid registration or other
52-27 authorization from another state whose requirements are
53-1 substantially equivalent to those imposed under this chapter; or
53-2 (2) after determining the applicant has a valid
53-3 registration or other authorization from another state with which
53-4 this state has a reciprocity agreement.
53-5 (b) The department may enter into an agreement with another
53-6 state to permit registration by reciprocity.
53-7 Sec. 396.103. APPLICATION REQUIREMENTS. (a) An applicant
53-8 for registration as a private child support enforcement agency must
53-9 file with the department an application on a form and in the manner
53-10 prescribed by the department.
53-11 (b) The application must state:
53-12 (1) the name of the applicant;
53-13 (2) the name under which the applicant is doing or
53-14 intends to do business in this state, if different from the
53-15 applicant's name;
53-16 (3) the address of the applicant's principal business
53-17 office, including the state, municipality, and numeric street
53-18 address; and
53-19 (4) any Internet or other electronic mail address and
53-20 business telephone number of the applicant.
53-21 (c) The chief executive officer of the applicant agency
53-22 shall state in a notarized statement that the application is
53-23 accurate and truthful in all respects.
53-24 Sec. 396.104. FINANCIAL AND OTHER DISCLOSURES. The
53-25 department shall require an applicant for registration or renewal
53-26 of registration as a private child support enforcement agency to
53-27 provide:
54-1 (1) a certified financial statement demonstrating the
54-2 financial solvency of the agency for which registration or renewal
54-3 of registration is sought; and
54-4 (2) any other information the department may
54-5 reasonably require the applicant to provide to establish that the
54-6 requirements and qualifications for registration or renewal of
54-7 registration have been fulfilled by the applicant.
54-8 Sec. 396.105. SURETY BOND OR OTHER DEPOSIT REQUIRED. (a)
54-9 An application for registration must be accompanied by a surety
54-10 bond approved by the department.
54-11 (b) The surety bond must be:
54-12 (1) issued by a surety authorized to do business in
54-13 this state;
54-14 (2) in the amount of $50,000;
54-15 (3) in favor of the state for the benefit of a person
54-16 damaged by a violation of this chapter; and
54-17 (4) conditioned on the private child support
54-18 enforcement agency's compliance with this chapter and the faithful
54-19 performance of the obligations under the agency's agreements with
54-20 its clients.
54-21 (c) The surety bond must be filed with and held by the
54-22 department.
54-23 (d) Instead of a surety bond, the department may accept a
54-24 deposit of money in an amount determined by the department not to
54-25 exceed $50,000. The department shall deposit any amounts received
54-26 under this subsection in an insured depository account designated
54-27 for that purpose.
55-1 Sec. 396.106. ISSUANCE OF CERTIFICATE OF REGISTRATION. (a)
55-2 The department shall issue a certificate of registration and mail
55-3 the certificate to the applicant on receipt of:
55-4 (1) a completed application;
55-5 (2) evidence of financial solvency;
55-6 (3) the surety bond or deposit of money required by
55-7 Section 396.105; and
55-8 (4) the required registration fee.
55-9 (b) If a single application is used to register more than
55-10 one registered location, the department shall:
55-11 (1) issue a certificate of registration for each
55-12 registered location; and
55-13 (2) mail all of the certificates to the principal
55-14 business location stated in the application.
55-15 Sec. 396.107. DUTY TO UPDATE APPLICATION INFORMATION. A
55-16 certificate holder shall notify the department of any material
55-17 change in the information provided in an application for
55-18 registration not later than the 60th day after the date on which
55-19 the information changes.
55-20 Sec. 396.108. TERM OF REGISTRATION; RENEWAL. (a) A private
55-21 child support enforcement agency's certificate of registration
55-22 expires on the third anniversary of the date of issuance.
55-23 (b) A certificate of registration may be renewed for another
55-24 three-year period as provided by department rule.
55-25 (Sections 396.109-396.150 reserved for expansion)
55-26 SUBCHAPTER D. AUTHORITY OF FOREIGN AGENCY TO ENGAGE IN
55-27 BUSINESS IN THIS STATE
56-1 Sec. 396.151. APPLICATION TO OPERATE UNDER OTHER
56-2 AUTHORIZATION INSTEAD OF REGISTRATION. (a) To engage in business
56-3 in this state, a foreign agency that is exempt from registration as
56-4 prescribed by Section 396.102 may file an application with the
56-5 department to operate under that authorization by filing:
56-6 (1) the information required for an application for
56-7 registration under Section 396.103;
56-8 (2) a surety bond or deposit of money that meets the
56-9 requirements of Section 396.105 unless the agency provides proof to
56-10 the satisfaction of the department that the agency maintains in the
56-11 state in which that agency has its principal office an adequate
56-12 bond or similar instrument for purposes similar to the purposes
56-13 required for the filing of a surety bond under Section 396.105; and
56-14 (3) a copy of the license or other authorization
56-15 issued by the state in which that agency is authorized to operate.
56-16 (b) The department may charge a single administrative fee in
56-17 a reasonable amount that is sufficient to cover the costs of the
56-18 department in processing and acting on the application.
56-19 Sec. 396.152. ACCEPTANCE OF OTHER AUTHORIZATION INSTEAD OF
56-20 REGISTRATION. The department shall issue a certificate to operate
56-21 under another state's authorization in this state to a foreign
56-22 agency that files an application with the department under Section
56-23 396.151 if:
56-24 (1) the agency submits all of the information required
56-25 by Section 396.151(a)(1);
56-26 (2) the department determines that the agency has met
56-27 the requirements of Section 396.151(a)(2);
57-1 (3) the agency remits any required administrative fee
57-2 under Section 396.151(b); and
57-3 (4) the department verifies that the registration or
57-4 other authorization issued by another state is active and in good
57-5 standing.
57-6 Sec. 396.153. NOTIFICATION OF UPDATED INFORMATION OR CHANGE
57-7 IN STATUS OF OTHER AUTHORIZATION. Not later than the 30th day
57-8 after the date on which the change occurs, a foreign private child
57-9 support enforcement agency that is issued a certificate to operate
57-10 in this state under this subchapter shall notify the department of
57-11 any change in:
57-12 (1) the information provided in an application
57-13 submitted under Section 396.152; or
57-14 (2) the status of the agency's authorization in the
57-15 other state.
57-16 Sec. 396.154. WITHDRAWAL OF APPROVAL TO OPERATE UNDER OTHER
57-17 AUTHORIZATION. A holder of a certificate issued under this
57-18 subchapter may not engage in business in this state as a private
57-19 child support enforcement agency if another state has revoked or
57-20 withdrawn the person's authority to operate as a private child
57-21 support enforcement agency in that state unless the department
57-22 grants the agency a registration under this chapter.
57-23 (Sections 396.155-396.200 reserved for expansion)
57-24 SUBCHAPTER E. REQUIRED BUSINESS PRACTICES
57-25 Sec. 396.201. REGISTRATION PREREQUISITE TO SUIT. A private
57-26 child support enforcement agency may not bring an action to enforce
57-27 a child support obligation in this state unless the agency is
58-1 registered or otherwise authorized to engage in business in this
58-2 state as provided by this chapter.
58-3 Sec. 396.202. RECORDS. (a) A registered agency shall
58-4 maintain records of all child support collections made on behalf
58-5 of, and disbursed to, a client who is an obligee, including:
58-6 (1) the name of any obligor who made child support
58-7 payments collected by the agency;
58-8 (2) the amount of support collected by the agency for
58-9 each client, including:
58-10 (A) the date on which the amount was collected;
58-11 and
58-12 (B) the date on which each amount due the client
58-13 by the obligor was paid to the client;
58-14 (3) a copy of the order establishing the child support
58-15 obligation under which a collection was made by the agency; and
58-16 (4) any other pertinent information relating to the
58-17 child support obligation, including any case, cause, or docket
58-18 number of the court having jurisdiction over the matter.
58-19 (b) The records required under this section must be updated
58-20 at least monthly and must be maintained by the registered agency
58-21 for a period of four years from the date of the last support
58-22 payment collected by the agency on behalf of an obligee.
58-23 Sec. 396.203. CONTRACT FOR SERVICES. (a) A registered
58-24 agency and foreign agency authorized to engage in business under
58-25 this chapter shall execute a written contract for the enforcement
58-26 of child support for each client of the agency that is residing in
58-27 this state.
59-1 (b) The contract required under this section must:
59-2 (1) be in writing, dated, and signed by both parties
59-3 to the contract; and
59-4 (2) specify its terms in clear language.
59-5 (Sections 396.204-396.250 reserved for expansion
59-6 SUBCHAPTER F. PROHIBITED PRACTICES
59-7 Sec. 396.251. THREATS OR COERCION. (a) In enforcing a
59-8 child support obligation, a registered agency may not use threats,
59-9 coercion, or attempts to coerce that employ any of the following
59-10 practices:
59-11 (1) using or threatening to use violence or other
59-12 criminal means to cause harm to an obligor or property of the
59-13 obligor;
59-14 (2) accusing falsely or threatening to accuse falsely
59-15 an obligor of a violation of state or federal child support laws;
59-16 (3) taking or threatening to take an enforcement
59-17 action against an obligor that is not authorized by law; or
59-18 (4) intentionally representing to a person that the
59-19 agency is a governmental agency authorized to enforce a child
59-20 support obligation.
59-21 (b) Subsection (a) does not prevent a registered agency
59-22 from:
59-23 (1) informing an obligor that the obligor may be
59-24 subject to penalties prescribed by law for failure to pay a child
59-25 support obligation; or
59-26 (2) taking, or threatening to take, an action
59-27 authorized by law for the enforcement of a child support obligation
60-1 by the agency.
60-2 Sec. 396.252. FRAUDULENT, DECEPTIVE, OR MISLEADING
60-3 REPRESENTATIONS. In enforcing a child support obligation, a
60-4 registered agency or employee of the agency may not:
60-5 (1) identify the registered agency by any name other
60-6 than one by which the agency is registered with the department;
60-7 (2) falsely represent the nature of the child support
60-8 enforcement activities in which the agency is authorized by law to
60-9 engage; or
60-10 (3) falsely represent that an oral or written
60-11 communication is the communication of an attorney.
60-12 (Sections 396.253-396.300 reserved for expansion
60-13 SUBCHAPTER G. ADMINISTRATIVE ENFORCEMENT
60-14 Sec. 396.301. REVOCATION OF REGISTRATION. (a) After notice
60-15 and hearing, the department may revoke the registration of a
60-16 registered agency that:
60-17 (1) fails to comply with this chapter or a rule
60-18 adopted under this chapter;
60-19 (2) does not pay a fee or other charge imposed by the
60-20 department under this chapter; and
60-21 (3) fails to maintain and produce at the request of
60-22 the department records attesting to the financial solvency of the
60-23 registered agency or other business records concerning client
60-24 accounts.
60-25 (b) The department may permit a registered agency to take an
60-26 appropriate action to correct a failure to comply with this chapter
60-27 and not revoke the registration of the agency.
61-1 Sec. 396.302. ADMINISTRATIVE HEARING ON DENIAL, SUSPENSION,
61-2 OR REVOCATION OF REGISTRATION. (a) The department may not deny or
61-3 suspend the registration of a private child support enforcement
61-4 agency under this chapter without first conducting an
61-5 administrative hearing.
61-6 (b) A hearing under this section or Section 396.301 is
61-7 subject to Chapter 2001, Government Code.
61-8 Sec. 396.303. BONA FIDE ERROR. A registered agency does not
61-9 violate this chapter if the action complained of resulted from a
61-10 bona fide error that occurred notwithstanding the use of reasonable
61-11 procedures to avoid the error.
61-12 Sec. 396.304. ADMINISTRATIVE INVESTIGATION OF COMPLAINT.
61-13 (a) A person may file with the department a written complaint
61-14 against a registered agency for a violation of this chapter.
61-15 (b) Not later than the 30th day after the date on which the
61-16 department receives a complaint under this section, the department
61-17 shall initiate an investigation into the merits of the complaint.
61-18 (c) The department may appoint a hearings officer to conduct
61-19 the investigation.
61-20 (d) A hearings officer appointed by the department to
61-21 investigate a complaint may arrange for the services of a qualified
61-22 mediator and attempt to:
61-23 (1) resolve the complaint and any differences between
61-24 the parties; and
61-25 (2) reach a settlement without the requirement of
61-26 further investigation.
61-27 (e) The department may delegate to a hearings officer
62-1 appointed to investigate a complaint under this section the
62-2 authority to dismiss the complaint, after an initial investigation
62-3 and after notice to each affected party and an opportunity for
62-4 hearing, for lack of sufficient evidentiary basis.
62-5 (f) An individual aggrieved by a decision of the department
62-6 or hearings officer under this section may appeal the decision to a
62-7 district court in Travis County.
62-8 (g) The department shall provide for an annual public
62-9 inspection of an investigation report of a complaint filed under
62-10 this section.
62-11 (Sections 396.305-396.350 reserved for expansion
62-12 SUBCHAPTER H. CIVIL REMEDIES
62-13 Sec. 396.351. CIVIL ACTION. (a) In addition to any other
62-14 remedy provided by this chapter, a person may bring an action for:
62-15 (1) injunctive relief to enjoin or restrain a
62-16 violation of this chapter; and
62-17 (2) actual damages incurred as a result of a violation
62-18 of this chapter.
62-19 (b) A person who prevails in an action brought under this
62-20 section is entitled to recover court costs and reasonable
62-21 attorney's fees.
62-22 (c) On a finding by a court that an action under this
62-23 section was brought in bad faith or for purposes of harassment, the
62-24 court shall award the defendant attorney's fees reasonably related
62-25 to the work performed and costs.
62-26 Sec. 396.352. SERVICE OF PROCESS OUTSIDE STATE. (a) A
62-27 registered agency that is located in another state or a private
63-1 child support enforcement agency that engages in the business of
63-2 child support enforcement in this state in violation of this
63-3 chapter is considered to have submitted to the jurisdiction of the
63-4 courts of this state with respect to an action brought under this
63-5 chapter.
63-6 (b) A foreign agency engaging in business in this state in
63-7 violation of this chapter is considered to have appointed the
63-8 department as the agency's agent for service of process in any
63-9 action, suit, or proceeding arising from a violation of this
63-10 chapter.
63-11 Sec. 396.353. REMEDIES UNDER OTHER LAW. (a) A violation of
63-12 this chapter is a deceptive trade practice under Subchapter E,
63-13 Chapter 17, Business & Commerce Code, and is actionable under that
63-14 subchapter.
63-15 (b) This chapter does not affect or alter a remedy at law or
63-16 in equity otherwise available to an obligor, obligee, governmental
63-17 entity, or other legal entity.
63-18 SECTION 74. Section 411.127, Government Code, is amended to
63-19 read as follows:
63-20 Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
63-21 APPLICANTS FOR EMPLOYMENT AND CONTRACTORS. (a) The Title IV-D
63-22 agency is entitled to obtain from the Department of Public Safety,
63-23 the Federal Bureau of Investigation identification division, or
63-24 another law enforcement agency criminal history record information
63-25 maintained by the department or agency that relates to a person who
63-26 is an applicant for a position of employment with the Title IV-D
63-27 agency, or an applicant to serve as a consultant, intern, or
64-1 volunteer, that involves the performance of duties under Chapter
64-2 231, Family Code. The Title IV-D agency may not request the
64-3 information unless a supervisory employee of the agency has
64-4 recommended that the applicant be hired or serve as an intern or
64-5 volunteer.
64-6 (b) The Title IV-D agency is entitled to obtain from the
64-7 Department of Public Safety, Federal Bureau of Investigation
64-8 identification division, or another law enforcement agency criminal
64-9 history record information maintained by the department or agency
64-10 that relates to a person who proposes to enter into a contract with
64-11 or that has a contract with the Title IV-D agency to supply goods
64-12 or services to the Title IV-D agency. The authorization under this
64-13 subsection to obtain criminal history record information about a
64-14 person includes information relating to an employee or
64-15 subcontractor of the person or an employee of the person's
64-16 subcontractor.
64-17 (c) Criminal history record information obtained by the
64-18 Title IV-D agency under Subsection (a) or (b) may not be released
64-19 or disclosed to any person except on court order or with the
64-20 consent of the person who is the subject of the criminal history
64-21 record information.
64-22 (d) [(c)] The Title IV-D agency shall destroy criminal
64-23 history record information that relates to a person after the
64-24 information is used for its authorized purpose.
64-25 (e) [(d)] In this section, "Title IV-D agency" has the
64-26 meaning assigned by Section 101.033, Family Code.
64-27 SECTION 75. Section 3, Article 21.22, Insurance Code, is
65-1 amended to read as follows:
65-2 Sec. 3. The exemptions provided by Section 1 of this article
65-3 do not apply to:
65-4 (1) premium payments made in fraud of creditors
65-5 subject to the applicable statute of limitations for the recovery
65-6 of the premium payments; [or]
65-7 (2) a debt of the insured or beneficiary secured by a
65-8 pledge of the policy or its proceeds; or
65-9 (3) a child support lien or levy under Chapter 157,
65-10 Family Code.
65-11 SECTION 76. Sections 158.508 and 231.010, Family Code, are
65-12 repealed.
65-13 SECTION 77. (a) This Act takes effect September 1, 2001.
65-14 (b) A change in law made by this Act relating to a court
65-15 order establishing the obligation to pay child support applies only
65-16 to a suit affecting the parent-child relationship that is commenced
65-17 on or after the effective date of this Act. A suit affecting the
65-18 parent-child relationship commenced before the effective date of
65-19 this Act is governed by the law in effect on the date the suit was
65-20 filed, and the former law is continued in effect for that purpose.
65-21 (c) A change in law made by this Act relating to the
65-22 modification or enforcement of a child support order rendered
65-23 before the effective date of this Act applies only to a proceeding
65-24 for modification or enforcement that is commenced on or after the
65-25 effective date of this Act. A modification or enforcement
65-26 proceeding commenced before the effective date of this Act is
65-27 governed by the law in effect on the date the proceeding was
66-1 commenced, and the former law is continued in effect for that
66-2 purpose.
66-3 (d) The requirement of Chapter 396, Finance Code, as added
66-4 by this Act, that a private child support enforcement agency be
66-5 registered applies only on or after January 1, 2002.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1365 was passed by the House on April
5, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1365 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1365 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor