C.S.H.B. 2344 78(R)    BILL ANALYSIS


C.S.H.B. 2344
By: Moreno, Joe E.
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Federal Government provides a 66% funding match to the Attorney
General's Child Support Division (Title IV-D Agency) for child support
services provided by the State of Texas.  In turn, the Title IV-D Agency
passes the 66% federal match through the counties to cover up the 66% of
their costs of the issuance and service of process by counties.  The State
of Texas is supposed to provide a 33% match to counties but this match has
never been funded.  Section 231.202, Family Code, authorizes counties to
bill the Title IV-D Agency up to $45 for the cost of serving child support
process.  Over the last decade most county service fees have risen well
beyond $45, but counties are only authorized to draw down the federal
match up to $45.   

C.S.H.B.2344 would enable counties to recoup more of their costs for child
support services performed for the Title IV-D Agency by authorizing the
commissioners court of a county to set the fee amount.  This would allow
counties to actually recoup 66% of their costs for performing child
support services from federal matching funds. 

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 Section 231.202, Family Code, by striking "of $45" and
adding language which provides that sheriffs and constables are authorized
to charge for serving process under Section 118.131, Local Government
Code. 

SECTION 2.This Act takes effect September 1, 2003. Prospective provisions.


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.2344 modifies the original H.B.2344 by deleting "$65" and
prescribes language which provides that sheriffs and constables are
authorized to charge for serving process under Section 118.131, Local
Government Code. The substitute additionally provides for  prospective
provisions.