79R4323 KKA-F
By: Dutton H.B. No. 1182
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of an administrative writ of withholding
for the enforcement of a child support obligation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.0011, Family Code, is amended to
read as follows:
Sec. 101.0011. ADMINISTRATIVE WRIT OF WITHHOLDING.
"Administrative writ of withholding" means the document issued by
the Title IV-D agency or domestic relations office and delivered to
an employer directing that earnings be withheld for payment of
child support as provided by Chapter 158.
SECTION 2. The heading to Subchapter F, Chapter 158, Family
Code, is amended to read as follows:
SUBCHAPTER F. ADMINISTRATIVE WRIT OF WITHHOLDING
[IN TITLE IV-D CASES]
SECTION 3. The heading to Section 158.501, Family Code, is
amended to read as follows:
Sec. 158.501. ISSUANCE OF ADMINISTRATIVE WRIT OF
WITHHOLDING [BY TITLE IV-D AGENCY].
SECTION 4. Section 158.501, Family Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) Except as provided by Subsection (d), the [The] Title
IV-D agency is the only entity that may issue an administrative writ
under this subchapter.
(d) A domestic relations office may issue an administrative
writ of withholding under this chapter in a proceeding in which the
office is providing child support enforcement services. A
reference in this code to the Title IV-D agency that relates to an
administrative writ includes a domestic relations office, except
that the writ must be in the form prescribed by the Title IV-D
agency under Section 158.504.
SECTION 5. Section 203.004(a), Family Code, is amended to
read as follows:
(a) A domestic relations office may:
(1) collect and disburse child support payments that
are ordered by a court to be paid through a domestic relations
registry;
(2) maintain records of payments and disbursements
made under Subdivision (1);
(3) file a suit, including a suit to:
(A) establish paternity;
(B) enforce a court order for child support or
for possession of and access to a child; and
(C) modify or clarify an existing child support
order;
(4) provide an informal forum in which:
(A) mediation is used to resolve disputes in an
action under Subdivision (3); or
(B) an agreed repayment schedule for delinquent
child support is negotiated as an alternative to filing a suit to
enforce a court order for child support under Subdivision (3);
(5) prepare a court-ordered social study;
(6) represent a child as guardian ad litem in a suit in
which:
(A) termination of the parent-child relationship
is sought; or
(B) conservatorship of or access to a child is
contested;
(7) serve as a friend of the court;
(8) provide predivorce counseling ordered by a court;
(9) provide community supervision services under
Chapter 157;
(10) provide information to assist a party in
understanding, complying with, or enforcing the party's duties and
obligations under Subdivision (3); [and]
(11) provide, directly or through a contract,
visitation services, including supervision of court-ordered
visitation, visitation exchange, or other similar services; and
(12) issue an administrative writ of withholding under
Subchapter F, Chapter 158.
SECTION 6. Section 203.005(a), Family Code, is amended to
read as follows:
(a) The administering entity may authorize a domestic
relations office to assess and collect:
(1) an initial operations fee not to exceed $15 to be
paid to the domestic relations office on the filing of a suit;
(2) in a county that has a child support enforcement
cooperative agreement with the Title IV-D agency, an initial child
support service fee not to exceed $36 to be paid to the domestic
relations office on the filing of a suit;
(3) a reasonable application fee to be paid by an
applicant requesting services from the office;
(4) a reasonable attorney's fee and court costs
incurred or ordered by the court;
(5) a monthly service fee not to exceed $3 to be paid
annually in advance by a managing conservator and possessory
conservator for whom the domestic relations office provides child
support services;
(6) community supervision fees as provided by Chapter
157 if community supervision officers are employed by the domestic
relations office;
(7) a reasonable fee for preparation of a
court-ordered social study; [and]
(8) in a county that provides visitation services
under Sections 153.014 and 203.004 a reasonable fee to be paid to
the domestic relations office at the time the visitation services
are provided; and
(9) a fee to reimburse the domestic relations office
for a fee required to be paid under Section 158.503(d) for filing an
administrative writ of withholding.
SECTION 7. This Act takes effect September 1, 2005.