BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 401

79R8610 KKA-F                                                                                           By: Villarreal (Averitt)

                                                                                                                                      Jurisprudence

                                                                                                                                            5/17/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

The attorney general has the power to withhold the federal income tax refunds of Texans who owe past-due child support.  Unfortunately, many child support obligors do not take advantage of federal tax credits, like the Earned Income Tax Credit, when filing their income tax.  Therefore, the amount of the tax refund available to pay child support is diminished.

 

H.B. 401 seeks to maximize the amount of federal income tax refunds available to child support obligor's through collaboration with local volunteer income tax assistance programs (VITA) initiatives and a state-wide effort by the Office of the Attorney General to inform obligors of the availability of VITA services.      

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 231, Family Code, by adding Section 231.122, as follows:

 

Sec. 231.122.  COOPERATION WITH VOLUNTEER INCOME TAX ASSISTANCE PROGRAMS.  (a)  Requires the Title IV-D agency, in order to maximize the amount of any tax refund to which an obligor may be entitled and which may be applied to child support and medical support obligations, to cooperate with volunteer income tax assistance programs in the state in informing obligors of the availability of the programs. 

 

(b)  Requires the Title IV-D agency to publicize the services of the volunteer income tax assistance programs by distributing printed materials regarding the programs and by placing information regarding the programs on the agency's Internet website.

 

(c)  Provides that Title IV-D agency is not responsible for producing or paying the costs of producing the printed materials distributed in accordance with Subsection (b).   

 

SECTION 2.  Effective date: September 1, 2005.