By: Goodman (Senate Sponsor - Harris) H.B. No. 2588
(In the Senate - Received from the House May 7, 2003;
May 9, 2003, read first time and referred to Committee on
Jurisprudence; May 22, 2003, reported favorably, as amended, by
the following vote: Yeas 6, Nays 0; May 22, 2003, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Harris
Amend H.B. 2588 by striking "$500" on page 1, lines 46 and 48 and
replacing it with "$1000.00" respectively.
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.
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