79S20510 JMM-F
By: Goodman H.B. No. 61
A BILL TO BE ENTITLED
AN ACT
relating to the property interests of spouses in connection with
certain community property and to suits affecting the parent-child
relationship, including proceedings for the establishment,
modification, and enforcement of child support; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 3.007(a) and (b), Family Code, as
enacted by H.B. 410, Acts of the 79th Legislature, Regular Session,
2005, effective September 1, 2005, are amended to read as follows:
(a) The community property interest [A spouse who is a
participant] in a defined benefit retirement plan is an amount
equal to the product of the amount a participant [has a separate
property interest in the monthly accrued benefit the] spouse would
have the [had a] right to receive on normal retirement age, as
defined by the plan, if the participant spouse had terminated
employment on the date of dissolution of the marriage, multiplied
by a percentage determined by dividing the number of months of
participation in the plan during the marriage by the number of
months of participation in the plan as of the date of dissolution of
the marriage. The resulting amount shall be determined as of the
time of dissolution [as] of the [date of] marriage[,] regardless of
whether the participant spouse's right to the benefit is [had]
vested and without regard to the percentage of vesting, if any. The
community property interest includes post-dissolution plan
adjustments and cost-of-living adjustments in a proportion equal to
the amount of the community property interest in relation to the
amount of the total benefit.
(b) The separate [community] property interest in a defined
benefit plan is the portion of the benefit that is not community
property under Subsection (a) [shall be determined as if the spouse
began to participate in the plan on the date of marriage and ended
that participation on the date of dissolution or termination of the
marriage, regardless of whether the benefit had vested].
SECTION 2. Chapter 101, Family Code, is amended by adding
Section 101.0255 to read as follows:
Sec. 101.0255. RECORD. "Record" means information that
is:
(1) inscribed on a tangible medium or stored in an
electronic or other medium; and
(2) retrievable in a perceivable form.
SECTION 3. Section 102.009(d), Family Code, is amended to
read as follows:
(d) If the petition requests the establishment,
termination, modification, or enforcement of a support right
assigned to the Title IV-D agency under Chapter 231 or the
rescission of a voluntary acknowledgment of paternity under Chapter
160, notice shall be given to the Title IV-D agency in a manner
provided by Rule 21a, Texas Rules of Civil Procedure.
SECTION 4. Section 151.001(b), Family Code, is amended to
read as follows:
(b) The duty of a parent to support his or her child exists
while the child is an unemancipated minor and continues as long as
the child is fully enrolled in a [an accredited] secondary school
and complies with attendance requirements described by Section
154.002(a)(2) [in a program leading toward a high school diploma
until the end of the school year in which the child graduates].
SECTION 5. Section 153.0071, Family Code, is amended by
adding Subsections (c-1), (g), and (h) and amending Subsections (d)
and (e) to read as follows:
(c-1) The parties may agree to conduct one or more informal
settlement conferences and may agree that the settlement
conferences may be conducted with or without the presence of the
parties' attorneys, if any.
(d) A written [mediated] settlement agreement reached at
mediation or at an informal settlement conference is binding on the
parties if the agreement:
(1) provides, in a prominently displayed statement
that is in boldfaced type or capital letters or underlined, that the
agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is
present at the time the agreement is signed.
(e) If a written [mediated] settlement agreement meets the
requirements of Subsection (d), a party is entitled to judgment on
the [mediated] settlement agreement notwithstanding Rule 11, Texas
Rules of Civil Procedure, or another rule of law.
(g) If the court finds that the terms of the written
settlement agreement reached at a conference conducted under
Subsection (c-1) are in the best interests of the child, those terms
are binding on the court. If the court approves the agreement, the
court may set forth the agreement in full or incorporate the
agreement by reference in the final order.
(h) If the court finds that the terms of the written
settlement agreement reached at a conference conducted under
Subsection (c-1) are not in the best interests of the child, the
court may request the spouses to submit a revised agreement or may
set the case for a hearing.
SECTION 6. Section 155.301(c), Family Code, is amended to
read as follows:
(c) Except as otherwise provided by this subsection, if [If]
a transfer of continuing, exclusive jurisdiction is sought under
this section, the procedures for determining and effecting a
transfer of proceedings provided by this chapter apply. If the
parties submit to the court an agreed order for transfer, the court
shall sign the order without the need for other pleadings.
SECTION 7. Section 156.401(b), Family Code, is amended to
read as follows:
(b) A support order may be modified with regard to the
amount of support ordered only as to obligations accruing after the
earlier of:
(1) the date of service of citation; or
(2) an appearance in the suit to modify.
SECTION 8. Section 156.409, Family Code, as amended by H.B.
2231, Acts of the 79th Legislature, Regular Session, 2005, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) The [If the sole managing conservator of a child or the
joint managing conservator who has the exclusive right to determine
the primary residence of the child has voluntarily relinquished the
primary care and possession of the child to another person for at
least six months, the] court shall, on the motion of a party or the
other person having physical possession of the child, modify an
order providing for the support of a [the] child to provide that the
[other] person having physical possession of the child, including a
conservator or governmental entity, shall have the right to receive
and give receipt for payments of support for the child and to hold
or disburse money for the benefit of the child if the sole managing
conservator of the child or the joint managing conservator who has
the exclusive right to determine the primary residence of the child
has:
(1) voluntarily relinquished the primary care and
possession of the child to another person for at least six months;
(2) been incarcerated or sentenced to be incarcerated
for at least 30 days; or
(3) relinquished the primary care and possession of
the child under Chapter 262.
(a-1) If the court modifies a support order under this
section, the court shall order the obligor to pay the person or
entity having physical possession of the child any unpaid child
support that is not subject to offset or reimbursement under
Section 157.008 and that accrues after the date the sole or joint
managing conservator:
(1) relinquishes possession and control of the child,
whether voluntarily or under Chapter 262; or
(2) is incarcerated.
SECTION 9. Section 157.005(a), Family Code, is amended to
read as follows:
(a) The court retains jurisdiction to render a contempt
order for failure to comply with the child support order if the
motion for enforcement is filed not later than the second
anniversary of [sixth month after] the date:
(1) the child becomes an adult; or
(2) on which the child support obligation terminates
under the order or by operation of law.
SECTION 10. Section 157.065(a), Family Code, is amended to
read as follows:
(a) If a party has been ordered under Chapter 105 to provide
the court and the state case registry with the party's current
mailing address, notice of a hearing on a motion for enforcement may
be served by mailing a copy of the notice to the respondent,
together with a copy of the motion, by first class mail to the last
mailing address of the respondent on file with the court and the
registry.
SECTION 11. Sections 157.105(a) and (c), Family Code, are
amended to read as follows:
(a) If the respondent is taken into custody and not released
on bond, the respondent shall be brought before the court that
issued the capias on or before the third [first] working day after
the arrest. The court shall determine whether the respondent's
appearance in court at a designated time and place can be assured by
a method other than by posting the bond or security previously
established.
(c) If the court is not satisfied that the respondent's
appearance in court can be assured and the respondent remains in
custody, a hearing on the alleged contempt shall be held as soon as
practicable, but not later than the seventh [fifth] day after the
date that the respondent was taken into custody, unless the
respondent and the respondent's attorney waive the accelerated
hearing.
SECTION 12. Section 157.211, Family Code, is amended to
read as follows:
Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
court places the respondent on community supervision [and suspends
commitment], the terms and conditions of community supervision may
include the requirement that the respondent:
(1) report to the community supervision officer as
directed;
(2) permit the community supervision officer to visit
the respondent at the respondent's home or elsewhere;
(3) obtain counseling on financial planning, budget
management, conflict resolution, parenting skills, alcohol or drug
abuse, or other matters causing the respondent to fail to obey the
order;
(4) pay required child support and any child support
arrearages;
(5) pay court costs and attorney's fees ordered by the
court;
(6) seek employment assistance services offered by the
Texas Workforce Commission under Section 302.0035, Labor Code, if
appropriate; [and]
(7) participate in mediation or other services to
alleviate conditions that prevent the respondent from obeying the
court's order; and
(8) submit to a period of confinement in a county jail
beginning at any time during the community supervision period,
except that the aggregate of all periods of confinement during the
community supervision period may not exceed 180 days.
SECTION 13. Section 157.212, Family Code, is amended to
read as follows:
Sec. 157.212. TERM OF COMMUNITY SUPERVISION. The initial
period of community supervision [period] may not exceed 10 years.
The court may continue the community supervision until the earlier
of:
(1) the expiration of an additional two-year period
beyond the 10 years; or
(2) the date on which all child support, including
arrearages and interest, has been paid.
SECTION 14. Sections 157.216(a) and (b), Family Code, are
amended to read as follows:
(a) The court shall hold a hearing without a jury not later
than [on or before] the third [first] working day after the date the
respondent is arrested under Section 157.215. If the court is
unavailable for a hearing on that date, the hearing shall be held
not later than the third [first] working day after the date the
court becomes available.
(b) The hearing under this section may not be held later
than the seventh [third] working day after the date the respondent
is arrested.
SECTION 15. Section 157.263(c), Family Code, is amended 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 adjusted because of an injured spouse claim by a jointly
filing spouse, the tax return was amended, or the return was audited
by the Internal Revenue Service, or for another reason permitted by
law [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 16. Section 157.264(b), Family Code, is amended to
read as follows:
(b) The court shall [may] render an order requiring[:
[(1) that income be withheld from the disposable
earnings of the obligor in an amount sufficient to discharge the
judgment in not more than two years; or
[(2) if the obligor is not subject to income
withholding,] that the obligor make periodic payments on the
judgment, including by income withholding under Chapter 158 if the
obligor is subject to income withholding [to the obligee in an
amount sufficient to discharge the judgment within a reasonable
time].
SECTION 17. Section 157.269, Family Code, is amended to
read as follows:
Sec. 157.269. RETENTION OF JURISDICTION. A court that
renders an order providing for the payment of child support
[arrearages] retains continuing jurisdiction to enforce the order,
including by adjusting the amount of the periodic payments to be
made by the obligor or the amount to be withheld from the obligor's
disposable earnings, until all current support and medical support
and child support arrearages, including interest and any applicable
fees and costs, have been paid.
SECTION 18. Sections 157.313(a), (c), and (e), Family Code,
are amended to read as follows:
(a) Except as provided by Subsection (e), a child support
lien notice must contain:
(1) the name and address of the person to whom the
notice is being sent;
(2) the style, docket or cause number, and identity of
the tribunal of this or another state having continuing
jurisdiction of the child support action and, if the case is a Title
IV-D case, the case number;
(3) the full name, address, and, if known, the birth
date, driver's license number, social security number, and any
aliases of the obligor;
(4) the full name and, if known, social security
number of the obligee;
(5) the amount of the current or prospective child
support obligation, the frequency with which current or prospective
child support is ordered to be paid, and the amount of child support
arrearages owed by the obligor and the date of the signing of the
court order, administrative order, or writ that determined the
arrearages or the date and manner in which the arrearages were
determined;
(6) the rate of interest specified in the court order,
administrative order, or writ or, in the absence of a specified
interest rate, the rate provided for by law;
(7) the name and address of the person or agency
asserting the lien;
(8) the motor vehicle identification number as shown
on the obligor's title if the property is a motor vehicle;
(9) a statement that the lien attaches to all
nonexempt real and personal property of the obligor that is located
or recorded in the state, including any property specifically
identified in the notice and any property acquired after the date of
filing or delivery of the notice;
(10) a statement that any ordered child support not
timely paid in the future constitutes a final judgment for the
amount due and owing, including interest, and accrues up to an
amount that may not exceed the lien amount; and
(11) a statement that the obligor is being provided a
copy of the lien notice and that the obligor may dispute the
arrearage amount by filing suit under Section 157.323.
(c) Except as provided by Subsection (e), the [The] lien
notice must be verified.
(e) A notice of a lien for child support under this section
may be in the form authorized by federal law or regulation. The
federal form of lien notice does not require verification when used
by the Title IV-D agency.
SECTION 19. Section 157.317(a-1), Family Code, is amended
to read as follows:
(a-1) A lien attaches to all property owned on or acquired
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 delivered to [filed with]
that party.
SECTION 20. Subchapter C, Chapter 158, Family Code, is
amended by adding Section 158.214 to read as follows:
Sec. 158.214. WITHHOLDING FROM SEVERANCE PAY. (a) In this
section, "severance pay" means income paid on termination of
employment in addition to the employee's usual earnings from the
employer at the time of termination.
(b) An employer receiving an order or writ of withholding
under this chapter shall withhold from any severance pay owed an
obligor an amount equal to the amount the employer would have
withheld under the order or writ if the severance pay had been paid
as the obligor's usual earnings as a current employee.
(c) The total amount that may be withheld under this section
is subject to the maximum amount allowed to be withheld under
Section 158.009.
SECTION 21. Section 159.102(23), Family Code, is amended to
read as follows:
(23) "Support order" means a judgment, decree, [or]
order, or directive, whether temporary, final, or subject to
modification, issued by a tribunal for the benefit of a child, a
spouse, or a former spouse that provides for monetary support,
health care, arrearages, or reimbursement and may include related
costs and fees, interest, income withholding, attorney's fees, and
other relief.
SECTION 22. Section 161.206, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) An order rendered under this section must include a
finding that:
(1) a request for identification of a court of
continuing, exclusive jurisdiction has been made as required by
Section 155.101; and
(2) all parties entitled to notice, including the
Title IV-D agency, have been notified.
SECTION 23. Section 201.104(d), Family Code, is amended to
read as follows:
(d) An associate judge [Only the referring court] may hear
and render an order on a motion for postjudgment relief, including a
motion for a new trial or to vacate, correct, or reform a judgment
rendered by the associate judge. An associate judge may not grant
postjudgment relief under Rule 306a, 316, or 329, Texas Rules of
Civil Procedure, that alters or affects any judicial action taken
by the referring court on the associate judge's recommendation.
SECTION 24. Section 231.202, Family Code, is amended to
read as follows:
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
CASES. In a Title IV-D case filed under this title, including a
case filed under Chapter 159, the Title IV-D agency shall pay:
(1) filing fees and fees for issuance and service of
process as provided by Chapter 110 of this code and by Sections
51.317, 51.318(b)(2), and 51.319(2), Government Code;
(2) fees for transfer as provided by Chapter 110;
(3) fees for the issuance and delivery of orders and
writs of income withholding in the amounts provided by Chapter 110;
(4) the fee that sheriffs and constables are
authorized to charge for serving process under Section 118.131,
Local Government Code, for each item of process to each individual
on whom service is required, including service by certified or
registered mail, to be paid to a sheriff, constable, or clerk
whenever service of process is required; [and]
(5) the fee for filing an administrative writ of
withholding under Section 158.503(d); and
(6) the fee for issuance of a subpoena as provided by
Section 51.318(b)(1), Government Code.
SECTION 25. Sections 232.001(1)-(3), Family Code, are
amended to read as follows:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority;
(B) is subject before expiration to renewal,
suspension, revocation, forfeiture, or termination by a [the
issuing] licensing authority; and
(C) a person must obtain to:
(i) practice or engage in a particular
business, occupation, or profession;
(ii) operate a motor vehicle on a public
highway in this state; or
(iii) engage in any other regulated
activity, including hunting, fishing, or other recreational
activity for which a license or permit is required.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state or a
political subdivision of the state that issues or renews a license
or that otherwise has authority to suspend or refuse to renew a
license.
(3) "Order suspending license" means an order issued
by the Title IV-D agency or a court directing a licensing authority
to suspend or refuse to renew a license.
SECTION 26. Section 232.002, Family Code, as amended by
S.B. 411, Acts of the 79th Legislature, Regular Session, 2005,
effective September 1, 2005, is amended to read as follows:
Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER.
Unless otherwise restricted or exempted, all [The following are]
licensing authorities are subject to this chapter[:
[(1) Department of Agriculture;
[(2) Texas Alcoholic Beverage Commission;
[(3) Texas Appraiser Licensing and Certification
Board;
[(4) Texas Board of Architectural Examiners;
[(5) Texas Board of Chiropractic Examiners;
[(6) Comptroller of Public Accounts;
[(7) Court Reporters Certification Board;
[(8) State Board of Dental Examiners;
[(9) Texas State Board of Examiners of Dietitians;
[(10) Texas Funeral Service Commission;
[(11) Department of State Health Services;
[(12) Department of Aging and Disability Services;
[(13) Texas Board of Professional Land Surveying;
[(14) Texas Department of Licensing and Regulation;
[(15) Texas State Board of Examiners of Marriage and
Family Therapists;
[(16) Texas State Board of Medical Examiners;
[(17) Midwifery Board;
[(18) Texas Commission on Environmental Quality;
[(19) Board of Nurse Examiners;
[(20) Texas Board of Occupational Therapy Examiners;
[(21) Texas Optometry Board;
[(22) Parks and Wildlife Department;
[(23) Texas State Board of Examiners of Perfusionists;
[(24) Texas State Board of Pharmacy;
[(25) Texas Board of Physical Therapy Examiners;
[(26) Texas State Board of Plumbing Examiners;
[(27) Texas State Board of Podiatric Medical
Examiners;
[(28) Polygraph Examiners Board;
[(29) Texas Private Security Board;
[(30) Texas State Board of Examiners of Professional
Counselors;
[(31) Texas Board of Professional Engineers;
[(32) Department of Family and Protective Services;
[(33) Texas State Board of Examiners of Psychologists;
[(34) Texas State Board of Public Accountancy;
[(35) Department of Public Safety of the State of
Texas;
[(36) Public Utility Commission of Texas;
[(37) Railroad Commission of Texas;
[(38) Texas Real Estate Commission;
[(39) State Bar of Texas;
[(40) Texas State Board of Social Worker Examiners;
[(41) State Board of Examiners for Speech-Language
Pathology and Audiology;
[(42) Texas Structural Pest Control Board;
[(43) Board of Tax Professional Examiners;
[(44) Secretary of State;
[(45) Supreme Court of Texas;
[(46) Texas Transportation Commission;
[(47) State Board of Veterinary Medical Examiners;
[(48) Texas Ethics Commission;
[(49) Advisory Board of Athletic Trainers;
[(50) State Committee of Examiners in the Fitting and
Dispensing of Hearing Instruments;
[(51) Texas Board of Licensure for Professional
Medical Physicists;
[(52) Texas Department of Insurance;
[(53) Texas Board of Orthotics and Prosthetics;
[(54) savings and loan commissioner;
[(55) Texas Juvenile Probation Commission; and
[(56) Texas Lottery Commission under Chapter 466,
Government Code].
SECTION 27. Chapter 232, Family Code, is amended by adding
Section 232.0022 to read as follows:
Sec. 232.0022. SUSPENSION OF MOTOR VEHICLE REGISTRATION.
The Texas Department of Transportation is the appropriate licensing
authority for suspension of a motor vehicle registration under this
chapter. The general registration provisions of Chapter 502,
Transportation Code, do not apply to the suspension or denial of a
renewal of a motor vehicle registration under this chapter.
SECTION 28. Section 232.004(a), Family Code, is amended to
read as follows:
(a) A child support agency or obligee may file a petition to
suspend, as provided by this chapter, a license of an obligor who
has an arrearage equal to or greater than the total support due for
three months [90 days] under a support order.
SECTION 29. Sections 232.006(b) and (c), Family Code, are
amended to read as follows:
(b) Notice under this section may be served:
(1) if the party has been ordered under Chapter 105 to
provide the court and registry with the party's current mailing
address, by mailing a copy of the notice to the respondent, together
with a copy of the petition, by first class mail to the last mailing
address of the respondent on file with the court and the state case
registry; or
(2) as in civil cases generally.
(c) The notice must contain the following prominently
displayed statement in boldfaced type, capital letters, or
underlined:
"AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
BEEN FILED AS PROVIDED BY CHAPTER 232, TEXAS FAMILY CODE. YOU MAY
EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR YOUR
ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER THE DATE
OF SERVICE OF THIS NOTICE, AN ORDER SUSPENDING YOUR [OF] LICENSE
[SUSPENSION] MAY BE RENDERED."
SECTION 30. Chapter 232, Family Code, is amended by adding
Section 232.0135 to read as follows:
Sec. 232.0135. DENIAL OF LICENSE RENEWAL. (a) The Title
IV-D agency may deliver to a licensing authority a notice
concerning an obligor who has failed to pay child support for six
months or more and requesting the authority to refuse to accept the
obligor's application for renewal of a license issued by the
authority to the obligor.
(b) A licensing authority that receives the information
described by Subsection (a) shall refuse to accept an application
for renewal of the license of the obligor until the authority is
notified by the Title IV-D agency that the obligor has:
(1) paid all child support arrearages;
(2) established with the Title IV-D agency a
satisfactory repayment schedule or is in compliance with a court
order for payment of the arrearages;
(3) been granted an exemption from this subsection as
part of a court-supervised plan to improve the obligor's earnings
and child support payments; or
(4) successfully contested the denial of renewal of
license under Subsection (d).
(c) On delivery to a licensing authority of the notice
described by Subsection (a), the Title IV-D agency shall send a copy
of the notice to the obligor by first class mail and inform the
obligor of the steps the obligor must take to permit the authority
to accept the obligor's application for renewal.
(d) An obligor receiving notice under Subsection (c) may
request a review by the Title IV-D agency to resolve any issue in
dispute regarding the identity of the obligor or the existence or
amount of child support arrearages. The Title IV-D agency shall
promptly provide an opportunity for a review, either by telephone
or in person, as appropriate to the circumstances. After the
review, if appropriate, the Title IV-D agency may notify the
licensing authority that the authority may accept the obligor's
application for renewal of license. If the Title IV-D agency and
the obligor fail to resolve any issue in dispute, the obligor, not
later than the 30th day after the date of receiving notice of the
Title IV-D agency's determination from the review, may file a
motion with the court to direct the Title IV-D agency to withdraw
the notice issued under Subsection (a) and request a hearing on the
motion. The obligor's application for license renewal may not be
accepted by the licensing authority until the court rules on the
motion.
(e) If an obligor enters into a repayment agreement with the
Title IV-D agency under this section, the Title IV-D agency may
incorporate the agreement in an order to be filed with and confirmed
by the court in the manner provided for agreed orders under Chapter
233.
(f) In this section, "licensing authority" does not include
the State Securities Board.
SECTION 31. Section 232.014, Family Code, is amended to
read as follows:
Sec. 232.014. FEE BY LICENSING AUTHORITY. (a) A licensing
authority may charge a fee to an individual who is the subject of an
order suspending license or of an action by the Title IV-D agency to
deny renewal of license in an amount sufficient to recover the
administrative costs incurred by the authority under this chapter.
(b) Fees collected under Subsection (a) by the Texas
Department of Transportation or the Department of Public Safety
shall be deposited to the credit of the state highway fund.
SECTION 32. Section 234.001(c), Family Code, is amended to
read as follows:
(c) The state disbursement unit shall:
(1) receive, maintain, and furnish records of child
support payments in Title IV-D cases and other cases as authorized
by law;
(2) forward child support payments as authorized by
law;
(3) maintain records of child support payments
[payment records] made through the state disbursement unit; and
(4) make available to a local registry each day in a
manner determined by the Title IV-D agency [with the assistance of
the work group established under Section 234.003] the following
information:
(A) the cause number of the suit under which
withholding is required;
(B) the payor's name and social security number;
(C) the payee's name and, if available, social
security number;
(D) the date the disbursement unit received the
payment;
(E) the amount of the payment; and
(F) the instrument identification information.
SECTION 33. Section 234.006, Family Code, is amended to
read as follows:
Sec. 234.006. RULEMAKING [EFFECTIVE DATE AND PROCEDURES].
The Title IV-D agency [, in cooperation with the work group
established under Section 234.003,] may adopt rules in compliance
with federal law for the operation of the state case registry and
the state disbursement unit.
SECTION 34. Subchapter B, Chapter 234, Family Code, is
amended by adding Section 234.105 to read as follows:
Sec. 234.105. CIVIL PENALTY. (a) In addition to any other
remedy provided by law, an employer who knowingly violates a
procedure adopted under Section 234.104 for reporting employee
information may be liable for a civil penalty as permitted by
Section 453A(d) of the federal Social Security Act (42 U.S.C.
Section 653a).
(b) The amount of the civil penalty may not exceed:
(1) $25 for each occurrence in which an employer fails
to report an employee; or
(2) $500 for each occurrence in which the conduct
described by Subdivision (1) is the result of a conspiracy between
the employer and an employee to not supply a required report or to
submit a false or incomplete report.
(c) The attorney general may sue to collect the civil
penalty. A penalty collected under this section shall be deposited
in a special fund in the state treasury.
SECTION 35. Section 804.001, Government Code, is amended by
amending Subdivisions (1) and (2) and adding Subdivision (1-a) to
read as follows:
(1) "Alternate payee" means a spouse, former spouse,
child support obligee, child, or other dependent of a member or
retiree who is recognized by a domestic relations order as having a
right to receive all or a portion of the benefits payable by a
public retirement system with respect to such member or retiree.
(1-a) "Child support obligee" has the meaning assigned
to "obligee" by Section 101.021, Family Code.
(2) "Domestic relations order" means any judgment,
decree, or order, including approval of a property settlement
agreement, which relates to the provision of child support, alimony
payments, or marital property rights to a spouse, former spouse,
child support obligee, child, or other dependent of a member or
retiree, and is made pursuant to a domestic relations law,
including a community property law of the State of Texas or of
another state.
SECTION 36. Sections 207.093(a) and (d), Labor Code, are
amended to read as follows:
(a) The commission shall withhold from the benefits payable
to an individual that owes a child support obligation an amount
equal to:
(1) any amount required to be withheld under legal
process properly served on the commission;
(2) if Subdivision (1) does not apply, the amount
determined under an agreement submitted to the commission under
Section 454(19)(B)(i) [454(20)(B)(i)] of the Social Security Act
(42 U.S.C. Section 654) by the state or local child support
enforcement agency; or
(3) if neither Subdivision (1) or (2) applies, the
amount the individual specifies to the commission to be withheld.
(d) In this section, "legal process" has the meaning
assigned by Section 459(i)(5) [462(e)] of the Social Security Act
(42 U.S.C. Section 659 [662]).
SECTION 37. Section 501.002(9), Transportation Code, is
amended to read as follows:
(9) "Lien" means:
(A) a lien provided for by the constitution or
statute in a motor vehicle; [or]
(B) a security interest, as defined by Section
1.201, Business & Commerce Code, in a motor vehicle, other than an
absolute title, created by any written security agreement, as
defined by Section 9.102, Business & Commerce Code, including a
lease, conditional sales contract, deed of trust, chattel mortgage,
trust receipt, or reservation of title; or
(C) a child support lien under Chapter 157,
Family Code.
SECTION 38. Section 201.104(e), Family Code, is repealed.
SECTION 39. (a) 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.
(b) 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.
(c) The change in law made by this Act by the enactment of
Section 234.105, Family Code, applies only to a violation that
occurs on or after the effective date of this Act. A violation that
occurs before that date is governed by the law in effect on the date
the violation occurred, and the former law is continued in effect
for that purpose.
SECTION 40. The change in law made by this Act relating to
the property interests of spouses in connection with community
property applies:
(1) to a suit for dissolution of a marriage pending
before a trial court on or filed on or after the effective date of
Section 1 of this Act; and
(2) to the estate of a person who dies on or after the
effective date of Section 1 of this Act.
SECTION 41. (a) Except as provided by Subsection (b) of
this section, this Act takes effect December 1, 2005.
(b) Sections 1 and 40 of this Act take effect September 1,
2005, if this Act receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, Sections 1 and 40 of this Act take effect December
1, 2005.