By:  Goodman                                                      H.B. No. 2588



A BILL TO BE ENTITLED

AN ACT

relating to certain fees and costs that may be collected and to 
certain attorney's fees and costs that may be imposed in relation to 
certain child support matters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 157.167, Family Code, is amended by 
amending Subsection (b) and adding Subsection (d) to read as 
follows:
	(b)  Except as provided by Subsection (d), for [For] good 
cause shown, the court may waive the requirement that the 
respondent pay attorney's fees and costs if the court states the 
reasons supporting that finding.
	(d)  If the court finds that the respondent is in contempt of 
court for failure or refusal to pay child support and that the 
respondent owes $20,000 or more in child support arrearages, the 
court may not waive the requirement that the respondent pay 
attorney's fees and costs unless the court also finds that the 
respondent:
		(1)  is involuntarily unemployed or is disabled;  and                  
		(2)  lacks the financial resources to pay the 
attorney's fees and costs.
	SECTION 2.  The heading to Section 231.103, Family Code, is 
amended to read as follows:
	Sec. 231.103.  APPLICATION AND SERVICE FEES [FEE].     
	SECTION 3.  Section 231.103, Family Code, is amended by 
amending Subsection (a) and adding Subsections (d)-(h) to read as 
follows:
	(a)  The Title IV-D agency may:                                         
		(1)  charge a reasonable application fee;                       
		(2)  charge a $25 annual service fee; and                       
		(3)  to the extent permitted by federal law, recover 
costs for the services provided in a Title IV-D case.
	(d)  The Title IV-D agency may only charge an annual service 
fee in a Title IV-D case if the recipient of Title IV-D services has 
never received public assistance under Part A of Title IV of the 
federal Social Security Act (42 U.S.C. Section 601 et seq.) and the 
recipient receives more than $500 in support payments in a year.  
The annual service fee may only be deducted from support payments 
that exceed $500 annually.
	(e)  The Title IV-D agency may impose and collect a fee as 
authorized by federal law for each request for parent locator 
services under Section 231.101(a).
	(f)  The state disbursement unit established and operated by 
the Title IV-D agency under Chapter 234 may collect a monthly 
service fee of $3 deducted from support payments in a case for which 
the Title IV-D agency is not providing services.
	(g)  The Title IV-D agency by rule shall establish procedures 
for the imposition of fees and recovery of costs authorized under 
this section.
	(h)  The attorney general child support application and 
service fee account is an account in the general revenue fund in the 
state treasury.  The account consists of all fees and costs 
collected under this section.  The Title IV-D agency may only use 
the money in the account for agency program expenditures.
	SECTION 4.  Section 234.008, Family Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  Except as provided by Subsection (c), not [Not] later 
than the second business day after the date the state disbursement 
unit receives a child support payment, the state disbursement unit 
shall distribute the payment to the Title IV-D agency or the 
obligee.
	(c)  In a case in which a service fee is authorized under 
Section 231.103(d), the state disbursement unit shall deduct the 
amount of the fee from the support payment before the payment is 
disbursed to the obligee.
	SECTION 5.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The Title IV-D agency may not collect the $25 annual 
service fee authorized by Section 231.103, Family Code, as amended 
by this Act, before January 1, 2004.
	(c)  The change in law made by this Act does not by itself 
constitute a material and substantial change of circumstances under 
Section 156.401, Family Code, sufficient to warrant modification of 
a court order or a portion of a decree that provides for the support 
of a child rendered before the effective date of this Act.