SRC-JLB H.B. 2137 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2137
78R7341 KLA-DBy: Thompson (Harris)
Jurisprudence
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Income withholding has become the primary tool for collecting child
support and is currently mandated in all cases.  Currently, the Title IV-D
agency is the only governmental entity with authority to issue
administrative writs of withholding.  Some believe that such use of this
enforcement tool should be extended to domestic relations officers.  H.B.
2137 extends the issuance of an administrative writ of withholding to
domestic relations officers to assist more children in receiving entitled
financial support.  

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 the heading to Subchapter F, Chapter 158, Family Code,
to read as follows: 

SUBCHAPTER F.  ADMINISTRATIVE WRIT OF WITHHOLDING

SECTION 2.  Amends the heading to Section 158.501, Family Code, to read as
follows: 
 
 Sec. 158.501.  ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING.

SECTION 3.  Amends Section 158.501, Family Code, by amending Subsection
(b) and adding Subsection (d), as follows: 
 
(b)  Provides that except as provided by Subsection (d), the Title IV-D
agency is the only entity that may issue an administrative writ under this
subchapter. 
 
(d)  Authorizes a domestic relations office to issue an administrative
writ of withholding under this chapter in a proceeding in which the office
is providing child support enforcement services.  Provides that a
reference in this subchapter to the Title IV-D agency includes a domestic
relations office, except that the writ must be in the form prescribed by
the Title IV-D agency under Section 158.504. 
 
SECTION 4.  Amends Section 203.004(a), Family Code, to authorize a
domestic relations office to perform certain acts, including issuing an
administrative writ of withholding under Subchapter F, Chapter 158. 
 
SECTION 5.  Effective date:  September 1, 2003.