By: Ellis S.B. No. 700
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of a license for failure to comply with
1-3 the terms of a court order providing for the possession of or
1-4 access to a child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The heading for Chapter 232, Family Code, is
1-7 amended to read as follows:
1-8 CHAPTER 232. SUSPENSION OF LICENSE [FOR FAILURE TO PAY CHILD
1-9 SUPPORT OR COMPLY WITH SUBPOENA]
1-10 SECTION 2. Section 232.003, Family Code, is amended by
1-11 adding Subsection (c) to read as follows:
1-12 (c) A court may issue an order suspending license as
1-13 provided by this chapter for an individual for whom a court has
1-14 rendered an enforcement order under Chapter 157 finding that the
1-15 individual has failed to comply with the terms of a court order
1-16 providing for the possession of or access to a child.
1-17 SECTION 3. Section 232.005, Family Code, is amended to read
1-18 as follows:
1-19 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
1-20 this chapter must state that license suspension is required under
1-21 Section 232.003 and allege:
1-22 (1) the name and, if known, social security number of
1-23 the individual;
1-24 (2) the type, and if known, number of any license the
1-25 individual is believed to hold and the name of the licensing
2-1 authority that issued the license; and
2-2 (3) the amount of arrearages owed under the child
2-3 support order or the facts associated with the individual's failure
2-4 to comply with:
2-5 (A) a subpoena; or
2-6 (B) the terms of a court order providing for the
2-7 possession of or access to a child.
2-8 (b) A petition under this chapter may include as an
2-9 attachment a copy of:
2-10 (1) the record of child support payments maintained by
2-11 the Title IV-D registry or local registry; [or]
2-12 (2) the subpoena with which the individual has failed
2-13 to comply, together with proof of service of the subpoena; or
2-14 (3) with respect to a petition for suspension under
2-15 Section 232.003(c):
2-16 (A) the enforcement order rendered under Chapter
2-17 157 describing the manner in which the individual was found to have
2-18 not complied with the terms of a court order providing for the
2-19 possession of or access to a child; and
2-20 (B) the court order containing the provisions
2-21 that the individual was found to have violated.
2-22 SECTION 4. Subsections (a) and (b), Section 232.008, Family
2-23 Code, are amended to read as follows:
2-24 (a) On making the findings required by Section 232.003, the
2-25 court or Title IV-D agency shall render an order suspending the
2-26 license unless the individual:
3-1 (1) proves that all arrearages and the current month's
3-2 support have been paid;
3-3 (2) shows good cause for failure to comply with the
3-4 subpoena or the terms of the court order providing for the
3-5 possession of or access to a child; or
3-6 (3) establishes an affirmative defense as provided by
3-7 Section 157.008(c).
3-8 (b) The court or Title IV-D agency may stay an order
3-9 suspending a license conditioned on the individual's compliance
3-10 with:
3-11 (1) a reasonable repayment schedule that is
3-12 incorporated in the order; [or]
3-13 (2) the requirements of a reissued and delivered
3-14 subpoena; or
3-15 (3) the requirements of any court order pertaining to
3-16 the possession of or access to a child.
3-17 SECTION 5. Subsections (a), (c), and (d), Section 232.012,
3-18 Family Code, are amended to read as follows:
3-19 (a) The obligee, support enforcement agency, court, or Title
3-20 IV-D agency may file a motion to revoke the stay of an order
3-21 suspending license if the individual who is subject of an order
3-22 suspending license does not comply with:
3-23 (1) the terms of a reasonable repayment plan entered
3-24 into by the individual; [or]
3-25 (2) the requirements of a reissued subpoena; or
3-26 (3) the terms of any court order pertaining to the
4-1 possession of or access to a child.
4-2 (c) A motion to revoke stay must allege the manner in which
4-3 the individual failed to comply with the repayment plan, [or] the
4-4 reissued subpoena, or the court order pertaining to possession of
4-5 or access to a child.
4-6 (d) If the court or Title IV-D agency finds that the
4-7 individual is not in compliance with the terms of the repayment
4-8 plan, [or] reissued subpoena, or court order pertaining to
4-9 possession of or access to a child, the court or agency shall
4-10 revoke the stay of the order suspending license and render a final
4-11 order suspending license.
4-12 SECTION 6. Subsection (a), Section 232.013, Family Code, is
4-13 amended to read as follows:
4-14 (a) The court or Title IV-D agency may render an order
4-15 vacating or staying an order suspending license if the individual
4-16 has:
4-17 (1) paid all delinquent child support or has
4-18 established a satisfactory payment record; [or]
4-19 (2) complied with the requirements of a reissued
4-20 subpoena; or
4-21 (3) complied with the terms of any court order
4-22 providing for the possession of or access to a child.
4-23 SECTION 7. This Act takes effect September 1, 2001.