By: Harris S.B. No. 1808
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of paternity and the establishment
and enforcement of child support and medical support for a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 154.181, Family Code, is
amended to read as follows:
(a) The [In a suit affecting the parent-child relationship
or in a proceeding under Chapter 159, the] court shall render an
order for the medical support of the child as provided by this
section and Section 154.182 in:
(1) a proceeding in which periodic payments of child
support are ordered under this chapter or modified under Chapter
156;
(2) any other suit affecting the parent-child
relationship in which the court determines that medical support of
the child must be established, modified, or clarified; or
(3) a proceeding under Chapter 159.
SECTION 2. Subsection (b), Section 154.182, Family Code, is
amended to read as follows:
(b) In determining the manner in which health insurance for
the child is to be ordered, the court shall render its order in
accordance with the following priorities, unless a party shows good
cause why a particular order would not be in the best interest of
the child:
(1) if health insurance is available for the child
through the obligor's employment or membership in a union, trade
association, or other organization at reasonable cost to the
obligor, the court shall order the obligor to include the child in
the obligor's health insurance;
(2) if health insurance is not available for the child
through the obligor's employment but is available for the child at a
reasonable cost through the obligee's employment or membership in a
union, trade association, or other organization, the court may
order the obligee to provide health insurance for the child, and, in
such event, shall order the obligor to pay additional child support
to be withheld from earnings under Chapter 158 to the obligee for
the actual cost of the health insurance for the child;
(3) if health insurance is not available for the child
under Subdivision (1) or (2), the court shall order the obligor to
provide health insurance for the child if the court finds that
health insurance is available to the obligor for the child from
another source and at reasonable cost;
(4) if neither parent has access to private health
insurance at a reasonable cost, the court shall order that the
custodial parent or, to the extent permitted by law, the
noncustodial parent immediately apply on behalf of the child for
participation in a medical assistance program under Chapter 32,
Human Resources Code, or the state child health plan under Chapter
62, Health and Safety Code, and that the obligor pay additional
child support, to be withheld from income under Chapter 158, to the
obligee for the actual cost of participation of the child in the
state child health plan [such program]; or
(5) if health coverage is not available for the child
under Subdivision (1), (2), (3), or (4), the court shall order the
obligor to pay the obligee, in addition to any amount ordered under
the guidelines for child support, a reasonable amount each month as
medical support for the child to be withheld from earnings under
Chapter 158.
SECTION 3. Section 154.188, Family Code, is amended to read
as follows:
Sec. 154.188. FAILURE TO PROVIDE OR PAY FOR REQUIRED HEALTH
INSURANCE. A parent ordered to provide health insurance or to pay
the other parent additional child support for the cost of health
insurance who fails to do so is liable for:
(1) necessary medical expenses of the child, without
regard to whether the expenses would have been paid if health
insurance had been provided; and
(2) the cost of health insurance premiums or
contributions, if any, paid on behalf of the child.
SECTION 4. Section 157.263, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) If the amount of arrearages confirmed by the court
reflects a credit to the obligor for support arrearages collected
from a federal tax refund under 42 U.S.C. Section 664, as amended,
and, subsequently, the amount of that credit is reduced because the
refund was based on a joint return under which another person was
entitled to a share of the refund under 42 U.S.C. Section 664, as
amended, the court shall render a new cumulative judgment to
include as arrearages an amount equal to the amount by which the
credit was reduced.
SECTION 5. Subdivisions (1) and (4), Section 157.311,
Family Code, are amended to read as follows:
(1) "Account" means:
(A) any type of a demand deposit account,
checking or negotiable withdrawal order account, savings account,
time deposit account, money market mutual fund account, certificate
of deposit, or any other instrument of deposit in which an
individual has a beneficial ownership either in its entirety or on a
shared or multiple party basis, including any accrued interest and
dividends; and
(B) a life insurance policy in which an
individual has a beneficial ownership or liability insurance
against which an individual has filed a claim or counterclaim[,
including for workers' compensation].
(4) "Financial institution" has the meaning assigned
by 42 U.S.C. Section 669a(d)(1) and includes a depository
institution, credit union, benefit association, liability or life
insurance company, [workers' compensation insurer,] money market
mutual fund, and any similar entity authorized to do business in
this state.
SECTION 6. Section 157.312, Family Code, is amended by
adding Subsection (g) to read as follows:
(g) A child support lien under this subchapter may not be
directed to an employer to attach to the disposable earnings of an
obligor paid by the employer.
SECTION 7. Section 157.3145, Family Code, is amended to
read as follows:
Sec. 157.3145. SERVICE ON FINANCIAL INSTITUTION.
(a) Service of a child support lien notice on a financial
institution relating to property held by the institution in the
name of, or in behalf of, an obligor is governed by Section 59.008,
Finance Code, if the institution is subject to that law, or may be
delivered to the registered agent, the institution's main business
office in this state, or another address provided by the
institution under Section 231.307.
(b) A financial institution doing business in this state
shall comply with the notice of lien and levy under this section
regardless of whether the institution's corporate headquarters is
located in this state.
SECTION 8. Section 157.317, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A child support lien attaches to all real and personal
property not exempt under the Texas Constitution or other law,
including:
(1) an account in a financial institution;
(2) [,] a retirement plan, including an individual
retirement account; and
(3) [,] the proceeds of a life insurance policy, a
claim for negligence, or personal injury, [or workers'
compensation,] or an insurance settlement or award for the claim,
due to or owned by the obligor.
(a-1) A lien attaches on or after the date the lien notice or
abstract of judgment is filed with the county clerk of the county in
which the property is located, with the court clerk as to property
or claims in litigation, or, as to property of the obligor in the
possession or control of a third party, from the date the lien
notice is filed with that party.
SECTION 9. Subchapter C, Chapter 158, Family Code, is
amended by adding Section 158.213 to read as follows:
Sec. 158.213. WITHHOLDING FROM WORKERS' COMPENSATION
BENEFITS. (a) An insurance carrier that receives an order or writ
of withholding under Section 158.206 for workers' compensation
benefits payable to an obligor shall withhold an amount not to
exceed the maximum amount allowed to be withheld from income under
Section 158.009 regardless of whether the benefits payable to the
obligor for lost income are paid as lump sum amounts or as periodic
payments.
(b) An insurance carrier subject to this section shall send
the amount withheld for child support to the place of payment
designated in the order or writ of withholding.
SECTION 10. Subsection (b), Section 160.204, Family Code,
is amended to read as follows:
(b) A presumption of paternity established under this
section may be rebutted only by:
(1) an adjudication under Subchapter G; or
(2) the filing of a valid denial of paternity by a
presumed father in conjunction with the filing by another person of
a valid acknowledgment of paternity as provided by Section 160.305.
SECTION 11. Section 160.633, Family Code, is amended to
read as follows:
Sec. 160.633. FINAL ORDER AVAILABLE FOR PUBLIC [HEARINGS;]
INSPECTION [OF RECORDS]. [(a) On the request of a party and for
good cause shown, the court may order a proceeding under this
subchapter closed to the public.
[(b)] A final order in a proceeding under this subchapter is
available for public inspection. [Other papers and records are
available only with the consent of the parties or on order of the
court for good cause.]
SECTION 12. Subsection (c), Section 231.002, Family Code,
is amended to read as follows:
(c) The Title IV-D agency may enter into agreements or
contracts with federal, state, or other public or private agencies
or individuals for the purpose of carrying out the agency's
responsibilities under federal or state law [this chapter]. The
agreements or contracts between the agency and other state agencies
or political subdivisions of this or another [the] state, including
a consortia of multiple states, and agreements or contracts with
vendors for the delivery of program services are not subject to
Chapter 771 or 783, Government Code.
SECTION 13. Subsection (h), Section 231.007, Family Code,
is amended to read as follows:
(h) The amount of weekly workers' compensation benefits
that may be withheld or assigned under this section may not exceed
[the percentage of the person's benefits that would apply if the
benefits equalled the person's monthly net resources as provided by
Chapter 154, except that in no event may more than] 50 percent of
the person's weekly compensation benefits [be withheld or
assigned]. The comptroller or a state agency may rely on a
representation by the Title IV-D agency that a withholding or
assignment under this section would not violate this subsection.
SECTION 14. Subsection (b), Section 231.104, Family Code,
is amended to read as follows:
(b) An application for child support services is an
assignment of support rights[, to the extent permitted by federal
law,] to enable the Title IV-D agency to establish and enforce child
support and medical support obligations, but an assignment is not a
condition of eligibility for services.
SECTION 15. Section 231.108, Family Code, is amended by
adding Subsection (g) to read as follows:
(g) The final order in a suit adjudicating parentage is
available for public inspection as provided by Section 160.633.
SECTION 16. Subsection (a), Section 232.013, Family Code,
is amended to read as follows:
(a) The court or Title IV-D agency may render an order
vacating or staying an order suspending an individual's license if
[the individual has]:
(1) the individual has:
(A) paid all delinquent child support or has
established a satisfactory payment record;
(B) [(2)] complied with the requirements of a
reissued subpoena; or
(C) [(3)] complied with the terms of any court
order providing for the possession of or access to a child; or
(2) the court or Title IV-D agency determines that
good cause exists for vacating or staying the order.
SECTION 17. Subsection (a), Section 233.018, Family Code,
is amended to read as follows:
(a) If a negotiation conference results in an agreement of
the parties, each party must sign the child support review order and
the order must contain as to each party:
(1) a waiver by the party of the right to service of
process and a court hearing [and the making of a record on the
petition for confirmation];
(2) the mailing address of the party; and
(3) the following statement printed on the order in
boldfaced type, in capital letters, or underlined:
"I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS CHILD
SUPPORT REVIEW ORDER. I UNDERSTAND THAT IF I SIGN THIS ORDER, IT
WILL BE CONFIRMED BY THE COURT WITHOUT FURTHER NOTICE TO ME. I KNOW
THAT I HAVE A RIGHT TO REQUEST THAT A COURT RECONSIDER THE ORDER BY
FILING A MOTION FOR A NEW TRIAL AT ANY TIME BEFORE THE 30TH DAY AFTER
THE DATE OF THE CONFIRMATION OF THE ORDER BY THE COURT. I KNOW THAT
IF I DO NOT OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF
COURT."
SECTION 18. Subsection (a), Section 233.024, Family Code,
is amended to read as follows:
(a) On the filing of an agreed child support review order
signed by all parties, together with [If the court finds that all
parties have appropriately agreed to a child support review order
and that there is] waiver of service, the court shall sign the order
not later than the third day after the filing of the order. The
court may sign the order before filing the order, but the signed
order shall immediately be filed.
SECTION 19. Section 233.026, Family Code, is amended to
read as follows:
Sec. 233.026. TIME FOR COURT HEARING. (a) When a timely
request for a court hearing has been filed as provided by Section
233.023, the [A] court shall hold a hearing on the confirmation of a
child support review order that has not been agreed to by the
parties not later than the 30th day after the date the [last party
to be served files a timely] request was filed [for a court
hearing].
(b) A court may not hold a hearing on the confirmation of a
nonagreed child support review order if a party does not timely
request a hearing as provided by Section 233.023.
(c) If the court resets the time of the hearing, the reset
hearing shall be held not later than the 30th day after the date set
for the initial hearing.
SECTION 20. Section 233.027, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) If the party who requested the hearing fails to appear
at the hearing, the court shall sign a confirmation order and enter
the order as an order of the court.
SECTION 21. Subsection (a), Section 192.005, Health and
Safety Code, is amended to read as follows:
(a) The items on a birth certificate relating to the child's
father shall be completed only if:
(1) the child's mother was married to the father:
(A) at the time of the child's conception;
(B) at the time of the child's birth; or
(C) after the child's birth;
(2) paternity is established by order of a court of
competent jurisdiction; or
(3) a valid acknowledgment of paternity executed by
the father has been filed with the bureau of vital statistics as
provided by Subchapter D, Chapter 160, Family Code [the father
signed the birth certificate or consented in writing, on a form
prescribed by the department, to be named as the father of the child
on the child's birth certificate].
SECTION 22. Subsection (b), Section 408.203, Labor Code, is
amended to read as follows:
(b) A benefit that is subject to a lien or claim for payment
of court-ordered child support shall be paid as required by[:
[(1)] an order or writ of income withholding [income]
under [Subchapter A,] Chapter 158, Family Code[; or
[(2) a writ of income withholding under Subchapter D,
Chapter 158, Family Code].
SECTION 23. Subsection (b), Section 192.005, Health and
Safety Code, is repealed.
SECTION 24. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act relating to a court
order establishing paternity or the obligation to pay child support
applies only to a suit affecting the parent-child relationship
filed on or after the effective date of this Act. A suit affecting
the parent-child relationship filed before the effective date of
this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
(c) The change in law made by this Act relating to the
modification or enforcement of a child support order rendered
before the effective date of this Act applies only to a proceeding
for modification or enforcement that is commenced on or after the
effective date of this Act. A proceeding for modification or
enforcement that is commenced before the effective date of this Act
is governed by the law in effect on the date the proceeding was
commenced, and the former law is continued in effect for that
purpose.