SRC-TJG H.B. 1878 78(R) BILL ANALYSIS
Senate Research CenterH.B. 1878
By: Dutton (Harris)
Administration
5/7/2003
Engrossed
DIGEST AND PURPOSE
The Texas Family Code provides for the establishment and enforcement of
child support and medical support obligations in suits affecting the
parent-child relationship. These provisions include procedures for the
determination of parentage, the ordering of child support, the enforcement
of support obligations and the suspension or revocation of various
licenses of a delinquent child support obligor. H.B. 1878 provides
technical corrections and clarifications in certain sections of the Family
Code relating to the determination of parentage, the establishment and
enforcement of child support and medical support obligations, and
administrative procedures used by the Texas Title IV-D child support
enforcement program.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 154.181(a), Family Code, to require the court
to render an order for the medical support of the child as provided by
this section and Section 154.182 in a proceeding in which periodic
payments of child support are ordered under this chapter or modified under
Chapter 156, in any other suit affecting the parent-child relationship in
which the court determines that medical support of the child must be
established, modified, or clarified or in a proceeding under Chapter 159.
SECTION 2. Amends Section 154.182(b), Family Code, to replace the phrase
"such program" with "the state child health plan" in Subdivision (4).
SECTION 3. Amends Section 154.188, Family Code, as follows:
Sec. 154.188. New heading: FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH
INSURANCE. Provides that a parent ordered to provide health insurance or
to pay the other parent additional child support for the cost of health
insurance who fails to do so is liable for certain costs.
SECTION 4. Amends Section 157.263, Family Code, by adding Subsection (c),
to require the court to render a new cumulative judgment to include as
arrearages an amount equal to the amount by which the credit was reduced,
if the amount of arrearages confirmed by the court reflects a credit to
the obligor for support arrearages collected from a federal tax refund
under 42 U.S.C. Section 664, as amended, and, subsequently, the amount of
that credit is reduced because the refund was based on a joint return
under which another person was entitled to a share of the refund under 42
U.S.C. Section 664, as amended.
SECTION 5. Amends Sections 157.311(1) and (4), Family Code, as follows:
(1) Deletes the phrase "including for workers' compensation" in relation
to filing a claim, from the definition of "account."
(4) Removes "workers' compensation insurer" as an entity within the
meaning assigned to "financial institution."
SECTION 6. Amends Section 157.312, Family Code, by adding Subsection
(g), to prohibit a child support lien under this subchapter from being
directed to an employer to attach to the disposable earnings of an obligor
paid by the employer.
SECTION 7. Amends Section 157.3145, Family Code, as follows:
(a) Creates this subsection from existing text.
(b) Requires a financial institution doing business in this state to
comply with the notice of lien and levy under this section regardless of
whether the institution's corporate headquarters is located in this state.
SECTION 8. Amends Section 157.317, Family Code, by amending Subsection
(a) and adding Subsection (a-1), as follows:
(a) Makes nonsubstantive and conforming changes.
(a-1) Creates this subsection from existing text relating to the
attachment of a lien.
SECTION 9. Amends Subchapter C, Chapter 158, Family Code, by adding
Section 158.213, as follows:
Sec. 158.213. WITHHOLDING FROM WORKERS' COMPENSATION BENEFITS. (a)
Require an insurance carrier that receives an order or writ of withholding
under Section 158.206 for workers' compensation benefits payable to an
obligor to withhold an amount not to exceed the maximum amount allowed to
be withheld from income under Section 158.009 regardless of whether the
benefits payable to the obligor for lost income are paid as lump sum
amounts or as periodic payments.
(b) Requires an insurance carrier subject to this section to send the
amount withheld for child support to the place of payment designated in
the order or writ of withholding.
SECTION 10. Amends Section 160.204(b), Family Code, to authorize a
presumption of paternity established under this section to be rebutted
only by an adjudication under Subchapter G or the filing of a valid denial
of paternity by a presumed father in conjunction with the filing by
another person of a valid acknowledgment of paternity as provided by
Section 160.305.
SECTION 11. Amends Section 160.633, Family Code, as follows:
(a) Provides that a proceeding under this subchapter is open, rather than
closed, to the public as in other civil cases. Deletes existing language
relating to authorizing the court to order a proceeding closed, on the
request of a party and for good cause shown.
(b) Provides that papers and records in a proceeding under this subchapter
are available for public inspection. Deletes existing text relating to a
final order in a proceeding under this subchapter being available for
public inspection. Deletes existing text relating to certain papers and
records being available only with the consent of the parties or on order
of the court for good cause.
SECTION 12. Amends Section 231.002(c), Family Code, to authorize the
Title IV-D agency to enter into agreements or contracts with federal,
state, or other public or private agencies or individuals for the purpose
of carrying out the agency's responsibilities under federal or state law.
Provides that the agreements or contracts between the agency and other
state agencies or political subdivisions of this or another state,
including a consortia of multiple states, and agreements or contracts with
vendors for the delivery of program services are not subject to Chapter
771 or 783, Government Code.
SECTION 13. Amends Section 231.007(h), Family Code, to delete language
relating to the amount of weekly workers' compensation benefits withheld
under this section.
SECTION 14. Amends Section 231.104(b), Family Code, to delete the phrase
"to the extent permitted by federal law," relating to the assignment of
support rights.
SECTION 15. Amends Section 231.108, Family Code, by adding Subsection (g)
to provide that the final order in a suit adjudicating parentage is
available for public inspection as provided by Section 160.633.
SECTION 16. Amends Section 232.013(a), Family Code, to include "the court
or Title IV-D agency determines that good cause exists for vacating or
staying the order," as a condition whereby the court or Title IV-D agency
is authorized to render an order vacating or staying an order suspending
an individual's license.
SECTION 17. Amends Section 233.018(a), Family Code, to remove "and the
making of a record on the petition for confirmation," as a requirement of
a child support review order.
SECTION 18. Amends Section 233.024(a), Family Code, to require that on
the filing of an agreed child support review order signed by all parties,
together with waiver of service, the court sign the order not later than
the third day after the filing of the order.
SECTION 19. Amends Section 233.026, Family Code, as follows:
Sec. 233.026. TIME FOR COURT HEARING. (a) Requires the court, when a
timely request for a court hearing has been filed as provided by Section
233.023, to hold a hearing on the confirmation of a child support review
order that has not been agreed to by the parties not later than the 30th
day after the date the request was filed.
(b) Prohibits a court from holding a hearing on the confirmation of a
nonagreed child support review order if a party does not timely request a
hearing as provided by Section 233.023.
(c) Requires the reset hearing to be held not later than the 30th day
after the date set for the initial hearing, if the court resets the time
of the hearing.
SECTION 20. Amends Section 233.027, Family Code, by adding Subsection (c)
to require the the court to sign a confirmation order and enter the order
as an order of the court, if the party who requested the hearing fails to
appear at the hearing.
SECTION 21. Amends Section 192.005(a), Health and Safety Code, provide
that the items on a birth certificate relating to the child's father shall
be completed only if certain conditions are met.
SECTION 22. Amends Section 408.203(b), Labor Code, to require a benefit
that is subject to a lien or claim for payment of court-ordered child
support to be paid as required by an order or writ of withholding under
158, Family Code.
SECTION 23. Repealer: Section 192.005(b)(Record of Paternity), Health
and Safety Code.
SECTION 24. (a) Effective date: September 1, 2003.
(b) - (d) Make application of this Act
prospective.