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BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2408

                                                                                                                                         By: Bonnen

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law provides for the establishment and enforcement of child support obligations in suits affecting the parent-child relationship.  Among the provisions are procedures for the clerk of the court to issue and deliver certified orders or judicial writs of withholding to the obligor's employer.  Currently under Section 158.105 of the Family Code, it is unclear as to whether a court clerk has the authority to issue an order or judicial writ of withholding to an employer via electronic transmission, as one subsection requires them to "issue and mail" a certified copy while the following subsection allows the order to be mailed or delivered by "electronic transmission." 

 

House Bill 2408 clarifies statute to allow the court clerk to deliver a certified order or judicial writ of withholding to an employer via fax or email confirmed by proof of receipt, and maintains current law methods of first class mail, certified or registered mail, or service of citation.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.              Amends Section 158.105 of the Family Code to allow the clerk of the                                            court to deliver a certified copy of an order or judicial writ of withholding                                                 not later than the fourth working day after the date the order is signed or                                              the request is filed. An order of judicial writ of withholding shall be                                           delivered an obligor's employer by first class mail or, if requested, by                                      certified or registered mail, return receipt requested, by electronic                                                         transmission, including electronic mail or facsimile transmission  or by                                                 service of citation to the person authorized to receive service of process                                          for the employer in civil cases or a person designated by the employer, by                                       written notice to the clerk, to receive orders or writs of withholding. The                                        clerk may deliver an order or judicial writ of withholding by electronic                                                mail if the employer is equipped to receive documents transmitted in that                                        manner.  If the order or writ is sent via email, the clerk must request an                                              acknowledgement of receipt from the employer.  If the order or writ is sent                             via facsimile transmission, the clerk must possess a delivery confirmation                                        report.

 

SECTION 2.              Section 158.105, Family Code, as amended by this Act, applies only to an                                      order or judicial writ of withholding delivered to an employer on or after                                        the effective date of this Act.  An order or judicial writ of withholding                                                 delivered before the effective date of this Act is governed by the law in                                            effect on the date the order or writ was delivered, and the former law is                                          continued in effect for that purpose.

 

SECTION 3.              This Act takes effect September 1, 2005.

 

EFFECTIVE DATE

 

September 1, 2005