H.B. 2137 78(R)    BILL ANALYSIS


H.B. 2137
By: Thompson
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Domestic Relations Offices ("DROs") are local entities established by
county commissioner courts to assist parents and children involved in
family litigation.  Texas Family Code, Section 203.005 lists the powers
and duties of a domestic relations office.  As local government entities,
DROs have an established track record of providing a variety of family
services to their constituents.  These services include: child support
registries; legal representation to establish and enforce child support
and visitation; family mediation; parenting conferences; substance abuse
assessment; parenting classes; court-ordered social studies; visitation
exchange and supervision; guardians ad litem; friend of the court; and
community supervision.   

As one of the services, custodial parents rely on DROs to enforce their
orders for child support and visitation.  DROs have access to all child
support enforcement tools available in Chapters 157 and 158, of the Family
Code, with the exception of the administrative writs of withholding.  DROs
pursue child support enforcement through correspondence, telephone
contact, negotiations, and repayment schedules. When these non-judicial
efforts are unsuccessful, the DRO must resort to time consuming and
expensive litigation.      

Income withholding has become the primary tool for collecting child
support and is currently mandated in all cases.  The ability to issue an
administrative writ of withholding directly to an employer will
significantly increase child support collections and expedite income
withholding for DRO cases.  Issuance of an administrative writ may be
contested on the same grounds as a writ issued by a court clerk.
Currently, the IV-D agency is the only governmental entity with authority
to issue administrative writs of withholding.  Use of this enforcement
tool should be extended to DROs.   

House Bill 2137 would extend  the issuance of an administrative writ of
withholding to DROs to ensure that more children receive the financial
support to which they are entitled.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends heading to Subchapter F, Chapter 158, Family Code to
eliminate the words "IN TITLE IV-D CASES." 

SECTION 2.  Amends the heading to Section 158.501, Family Code, to
eliminate the words "BY TITLE IV-D AGENCY." 

SECTION 3.  Amends Section 158.501, Family Code to allow a domestic
relations office to issue administrative writs of withholding in a
proceeding in which the office is providing child support enforcement
services.  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 add subsection
203.004 (a)(12) to authorize a domestic relations office to issue an
administrative writ of withholding under Subchapter F, Chapter 158. 

SECTION 5.  This Act takes effect September 1, 2003.

EFFECTIVE DATE

September 1, 2003