By:  Goodman                                                      H.B. No. 2588



A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Title IV-D agency.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 231.103, Family Code, is amended to read 
as follows:     
	Sec. 231.103.  APPLICATION AND SERVICE FEES [FEE].  (a)  The 
Title IV-D agency may charge a reasonable application fee, a $25 
annual service fee, and, to the extent permitted by federal law, 
recover costs for the services provided in cases enforced by the 
agency.
	(b)  An application fee may not be charged in a case in which 
the Title IV-D agency provides services because the family receives 
public assistance and [(c)  An application fee] may not exceed a 
maximum amount established by federal law.
	(c)  The annual service fee may be charged only in Title IV-D 
cases opened upon application in which support payments exceed $500 
in a year and may be taken only from support payments in excess of 
$500 collected in a year.
	(d)  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).
	(e)  The state disbursement unit established and operated by 
the Title IV-D agency under Chapter 234 may collect a monthly 
service fee of $3.00 from support payments in cases not being 
enforced by the agency.
	(f)  The Title IV-D agency by rule shall establish procedures 
for the imposition of fees and cost recovery authorized under this 
section.
	(g)  Fees and recovered costs authorized under this section 
shall be available to the Title IV-D agency in addition to, and 
apart from any appropriations of the legislature and shall be used 
only for agency program expenditures eligible for federal matching 
funds.  To the extent the fees and recovered costs authorized under 
this section are not made available to the Title IV-D agency in 
addition to, and apart from any appropriations of the legislature, 
the Title IV-D agency may not impose and collect such fees or 
recover costs.
	SECTION 2.  (a)  Except as provided under (b), this Act is 
effective September 1, 2003.
	(b)  The $25 annual service fee authorized by this Act is 
effective January 1, 2004.
	(c)  The enactment of this Act does not by itself constitute 
a material and substantial change of circumstances sufficient to 
warrant modification of a court order or portion of a decree that 
provides for the support of or possession of or access to a child 
entered before the effective date of this Act.