1-1 By: Ellis S.B. No. 700
1-2 (In the Senate - Filed February 14, 2001; February 15, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 19, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 19, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Bernsen
1-7 Amend S.B. No. 700 as follows:
1-8 (1) On page 1, line 27, strike "or the Title IV-D agency".
1-9 (2) On page 2, line 34, strike "or the court order" and
1-10 substitute "or the court order pertaining to possession of or
1-11 access to a child".
1-12 (3) On page 2, line 37, strike "or court order" and
1-13 substitute "or court order pertaining to possession of or access to
1-14 a child".
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the suspension of a license for failure to comply with
1-18 the terms of a court order providing for the possession of or
1-19 access to a child.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. The heading for Chapter 232, Family Code, is
1-22 amended to read as follows:
1-23 CHAPTER 232. SUSPENSION OF LICENSE [FOR FAILURE TO PAY CHILD
1-24 SUPPORT OR COMPLY WITH SUBPOENA]
1-25 SECTION 2. Section 232.003, Family Code, is amended by
1-26 adding Subsection (c) to read as follows:
1-27 (c) A court or the Title IV-D agency may issue an order
1-28 suspending license as provided by this chapter for an individual
1-29 for whom a court has rendered an enforcement order under Chapter
1-30 157 finding that the individual has failed to comply with the terms
1-31 of a court order providing for the possession of or access to a
1-32 child.
1-33 SECTION 3. Section 232.005, Family Code, is amended to read
1-34 as follows:
1-35 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
1-36 this chapter must state that license suspension is required under
1-37 Section 232.003 and allege:
1-38 (1) the name and, if known, social security number of
1-39 the individual;
1-40 (2) the type, and if known, number of any license the
1-41 individual is believed to hold and the name of the licensing
1-42 authority that issued the license; and
1-43 (3) the amount of arrearages owed under the child
1-44 support order or the facts associated with the individual's failure
1-45 to comply with:
1-46 (A) a subpoena; or
1-47 (B) the terms of a court order providing for the
1-48 possession of or access to a child.
1-49 (b) A petition under this chapter may include as an
1-50 attachment a copy of:
1-51 (1) the record of child support payments maintained by
1-52 the Title IV-D registry or local registry; [or]
1-53 (2) the subpoena with which the individual has failed
1-54 to comply, together with proof of service of the subpoena; or
1-55 (3) with respect to a petition for suspension under
1-56 Section 232.003(c):
1-57 (A) the enforcement order rendered under Chapter
1-58 157 describing the manner in which the individual was found to have
1-59 not complied with the terms of a court order providing for the
1-60 possession of or access to a child; and
1-61 (B) the court order containing the provisions
1-62 that the individual was found to have violated.
1-63 SECTION 4. Subsections (a) and (b), Section 232.008, Family
2-1 Code, are amended to read as follows:
2-2 (a) On making the findings required by Section 232.003, the
2-3 court or Title IV-D agency shall render an order suspending the
2-4 license unless the individual:
2-5 (1) proves that all arrearages and the current month's
2-6 support have been paid;
2-7 (2) shows good cause for failure to comply with the
2-8 subpoena or the terms of the court order providing for the
2-9 possession of or access to a child; or
2-10 (3) establishes an affirmative defense as provided by
2-11 Section 157.008(c).
2-12 (b) The court or Title IV-D agency may stay an order
2-13 suspending a license conditioned on the individual's compliance
2-14 with:
2-15 (1) a reasonable repayment schedule that is
2-16 incorporated in the order; [or]
2-17 (2) the requirements of a reissued and delivered
2-18 subpoena; or
2-19 (3) the requirements of any court order pertaining to
2-20 the possession of or access to a child.
2-21 SECTION 5. Subsections (a), (c), and (d), Section 232.012,
2-22 Family Code, are amended to read as follows:
2-23 (a) The obligee, support enforcement agency, court, or Title
2-24 IV-D agency may file a motion to revoke the stay of an order
2-25 suspending license if the individual who is subject of an order
2-26 suspending license does not comply with:
2-27 (1) the terms of a reasonable repayment plan entered
2-28 into by the individual; [or]
2-29 (2) the requirements of a reissued subpoena; or
2-30 (3) the terms of any court order pertaining to the
2-31 possession of or access to a child.
2-32 (c) A motion to revoke stay must allege the manner in which
2-33 the individual failed to comply with the repayment plan, [or] the
2-34 reissued subpoena, or the court order.
2-35 (d) If the court or Title IV-D agency finds that the
2-36 individual is not in compliance with the terms of the repayment
2-37 plan, [or] reissued subpoena, or court order, the court or agency
2-38 shall revoke the stay of the order suspending license and render a
2-39 final order suspending license.
2-40 SECTION 6. Subsection (a), Section 232.013, Family Code, is
2-41 amended to read as follows:
2-42 (a) The court or Title IV-D agency may render an order
2-43 vacating or staying an order suspending license if the individual
2-44 has:
2-45 (1) paid all delinquent child support or has
2-46 established a satisfactory payment record; [or]
2-47 (2) complied with the requirements of a reissued
2-48 subpoena; or
2-49 (3) complied with the terms of any court order
2-50 providing for the possession of or access to a child.
2-51 SECTION 7. This Act takes effect September 1, 2001.
2-52 * * * * *