SRC-JLB S.B. 1806 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1806
78R6431 JMM-FBy: Harris
Jurisprudence
4/10/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Family Code provides for the establishment and
enforcement of child support and medical support obligations in suits
affecting the parent-child relationships. 
As proposed, S.B. 1806 brings Texas into compliance with the federal
requirement that all state Title IV-D agencies use the National Medical
Support Notice to enforce the health care coverage provision in a child
support order by requiring the state's Title IV-D agency to use the notice
in appropriate cases and, under the agency's existing rule-making
authority, to establish procedures for the use of the notice.  This bill
also extends the use of the notice to child support cases not being
enforced by the Title IV-D agency. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Title IV-D agency in
SECTION 1 (Section 154.186, Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.186, Family Code, as follows:
 
Sec. 154.186.  NOTICE TO EMPLOYER CONCERNING MEDICAL SUPPORT.  (a)
Subsection created from existing text. 
 
(b)  Requires the Title IV-D agency, in an appropriate Title IV-D case, to
send to the employer the national medical support notice required under
Part D, Title IV of the federal Social Security Act (42 U.S.C. Section 651
et seq.), as amended. 
 
(c)  Requires the Title IV-D agency by rule to establish procedures
consistent with federal law for use of the national medical support
notice.  Authorizes the notice to be used in any suit in which an obligor
is required by an order to provide health insurance for a child. 
 
SECTION 2.  Amends Section 154.187, Family Code, by amending Subsections
(f) and (g) and adding Subsection (h), as follows: 
 
 (f)  Redefines "sender."

(g)  Requires an employer who fails to enroll a child, fails to withhold
or remit premiums or cash medical support, or discriminates in hiring or
employment on the basis of a medical support order or notice under this
subchapter to be subject to the penalties and fines in Chapter 158C. 
 
(h)  Requires an employer who receives a national medical support notice
under Section 154.186 to comply with the requirements of the order. 
 
SECTION 3.  Effective date:  July 1, 2003, or September 1, 2003.