By Ellis S.B. No. 700
77R2995 JMM-D
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 or the Title IV-D agency may issue an order
1-13 suspending license as provided by this chapter for an individual
1-14 for whom a court has rendered an enforcement order under Chapter
1-15 157 finding that the individual has failed to comply with the terms
1-16 of a court order providing for the possession of or access to a
1-17 child.
1-18 SECTION 3. Section 232.005, Family Code, is amended to read
1-19 as follows:
1-20 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
1-21 this chapter must state that license suspension is required under
1-22 Section 232.003 and allege:
1-23 (1) the name and, if known, social security number of
1-24 the individual;
2-1 (2) the type, and if known, number of any license the
2-2 individual is believed to hold and the name of the licensing
2-3 authority that issued the license; and
2-4 (3) the amount of arrearages owed under the child
2-5 support order or the facts associated with the individual's failure
2-6 to comply with:
2-7 (A) a subpoena; or
2-8 (B) the terms of a court order providing for the
2-9 possession of or access to a child.
2-10 (b) A petition under this chapter may include as an
2-11 attachment a copy of:
2-12 (1) the record of child support payments maintained by
2-13 the Title IV-D registry or local registry; [or]
2-14 (2) the subpoena with which the individual has failed
2-15 to comply, together with proof of service of the subpoena; or
2-16 (3) with respect to a petition for suspension under
2-17 Section 232.003(c):
2-18 (A) the enforcement order rendered under Chapter
2-19 157 describing the manner in which the individual was found to have
2-20 not complied with the terms of a court order providing for the
2-21 possession of or access to a child; and
2-22 (B) the court order containing the provisions
2-23 that the individual was found to have violated.
2-24 SECTION 4. Sections 232.008(a) and (b), Family Code, are
2-25 amended to read as follows:
2-26 (a) On making the findings required by Section 232.003, the
2-27 court or Title IV-D agency shall render an order suspending the
3-1 license unless the individual:
3-2 (1) proves that all arrearages and the current month's
3-3 support have been paid;
3-4 (2) shows good cause for failure to comply with the
3-5 subpoena or the terms of the court order providing for the
3-6 possession of or access to a child; or
3-7 (3) establishes an affirmative defense as provided by
3-8 Section 157.008(c).
3-9 (b) The court or Title IV-D agency may stay an order
3-10 suspending a license conditioned on the individual's compliance
3-11 with:
3-12 (1) a reasonable repayment schedule that is
3-13 incorporated in the order; [or]
3-14 (2) the requirements of a reissued and delivered
3-15 subpoena; or
3-16 (3) the requirements of any court order pertaining to
3-17 the possession of or access to a child.
3-18 SECTION 5. Sections 232.012(a), (c), and (d), Family Code,
3-19 are amended to read as follows:
3-20 (a) The obligee, support enforcement agency, court, or Title
3-21 IV-D agency may file a motion to revoke the stay of an order
3-22 suspending license if the individual who is subject of an order
3-23 suspending license does not comply with:
3-24 (1) the terms of a reasonable repayment plan entered
3-25 into by the individual; [or]
3-26 (2) the requirements of a reissued subpoena; or
3-27 (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.
4-5 (d) If the court or Title IV-D agency finds that the
4-6 individual is not in compliance with the terms of the repayment
4-7 plan, [or] reissued subpoena, or court order, the court or agency
4-8 shall revoke the stay of the order suspending license and render a
4-9 final order suspending license.
4-10 SECTION 6. Section 232.013(a), Family Code, is amended to
4-11 read as follows:
4-12 (a) The court or Title IV-D agency may render an order
4-13 vacating or staying an order suspending license if the individual
4-14 has:
4-15 (1) paid all delinquent child support or has
4-16 established a satisfactory payment record; [or]
4-17 (2) complied with the requirements of a reissued
4-18 subpoena; or
4-19 (3) complied with the terms of any court order
4-20 providing for the possession of or access to a child.
4-21 SECTION 7. This Act takes effect September 1, 2001.