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