Amend CSSB 228 (House committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS:
SECTION ____. Subsection (g), Section 105.006, Family Code,
is amended to read as follows:
(g) The Title IV-D agency shall promulgate and provide forms
for a party to use in reporting to the court and[, when established,
to] the state case registry under Chapter 234 the information
required under this section.
SECTION ____. Section 108.001, Family Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by this chapter, the clerk of the
court shall transmit to the bureau of vital statistics a certified
record of the order rendered in a suit, together with the name and
all prior names, birth date, and place of birth of the child
[prepared by the petitioner] on a form provided by the bureau. The
form shall be completed by the petitioner and submitted to the clerk
at the time the order is filed for record.
(d) In a Title IV-D case, the Title IV-D agency may transmit
the record and information specified by Subsection (a) to the
bureau of vital statistics, with a copy to the clerk of the court on
request by the clerk. The record and information are not required
to be certified if transmitted by the Title IV-D agency under this
subsection.
SECTION ____. Section 108.004, Family Code, is amended to
read as follows:
Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
On the loss of jurisdiction of a court under Chapter 155, 159, or
262, the clerk of the court shall transmit to the central registry
of the bureau of vital statistics a certified record, on a form
provided by the bureau, stating that jurisdiction has been lost,
the reason for the loss of jurisdiction, and the name and all
previous names, date of birth, and place of birth of the child.
SECTION ____. Subsections (a) and (b), Section 154.186,
Family Code, are amended to read as follows:
(a) The obligee, obligor, or a child support agency of this
state or another state may send to the employer a copy of the order
requiring an employee to provide health insurance coverage for a
child or may include notice of the medical support order in an order
or writ of withholding sent to the employer in accordance with
Chapter 158.
(b) In an appropriate Title IV-D case, the Title IV-D agency
of this state or another state shall send to the employer the
national medical support notice required under Part D, Title IV of
the federal Social Security Act (42 U.S.C. Section 651 et seq.), as
amended. The notice may be used in any other suit in which an
obligor is ordered to provide health insurance coverage for a
child.
SECTION ____. Section 157.102, Family Code, is amended to
read as follows:
Sec. 157.102. CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT
OFFICIALS. Law enforcement officials shall treat a [the] capias or
arrest warrant ordered under this chapter in the same manner as an
arrest warrant for a criminal offense and shall enter the capias or
warrant in the computer records for outstanding warrants maintained
by the local police, sheriff, and Department of Public Safety. The
capias or warrant shall be forwarded to and disseminated by the
Texas Crime Information Center and the National Crime Information
Center.
SECTION ____. Section 157.268, Family Code, is amended to
read as follows:
Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
support collected shall be applied in the following order of
priority:
(1) current child support;
(2) non-delinquent child support owed;
(3) interest on the principal amounts specified in
Subdivisions (4) and (5);
(4) the principal amount of child support that has not
been confirmed and reduced to money judgment;
(5) the principal amount of child support that has
been confirmed and reduced to money judgment; and
(6) the amount of any ordered attorney's fees or costs,
or Title IV-D service fees authorized under Section 231.103 for
which the obligor is responsible.
SECTION ____. Subdivision (1), Section 157.311, Family
Code, is 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, including any
accrued interest and dividends, in which an individual, as a
signatory or not, has a beneficial ownership either in its entirety
or on a shared or multiple party basis, including an account in
which the individual has a community or separate property interest
[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.
SECTION ____. Section 157.314, Family Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) If a child support lien notice is delivered to a
financial institution with respect to an account of the obligor,
the institution shall immediately:
(1) provide the claimant with the last known address
of the obligor and disclose to the claimant the amount in the
obligor's account at the time of receipt of the notice, before the
deduction of any authorized fees; and
(2) notify any other person having an ownership
interest in the account that the account has been frozen in an
amount not to exceed the amount of the child support arrearage
identified in the notice.
(e) On request, a financial institution to which a child
support lien notice has been delivered shall provide the claimant
with a statement showing deposits to the obligor's account made
from the date of receipt of the child support lien notice to the
date of receipt of the request for information concerning deposits
made to the obligor's account.
SECTION ____. Subsection (a), Section 157.318, Family Code,
is amended to read as follows:
(a) A lien is effective until all current support and child
support arrearages, including interest, [and] any costs and
reasonable attorney's fees, and any Title IV-D service fees
authorized under Section 231.103 for which the obligor is
responsible, have been paid or the lien is otherwise released as
provided by this subchapter.
SECTION ____. Section 157.324, Family Code, is amended to
read as follows:
Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR
LIEN. (a) A person who knowingly pays over, releases, sells,
transfers, encumbers, conveys, or otherwise disposes of property
subject to a child support lien or[,] who, after a foreclosure
hearing, fails to surrender on demand nonexempt personal property
as directed by a court [or administrative order] under this
subchapter[, or who fails to comply with a notice of levy under this
subchapter] is liable to the claimant for the greater of [in] an
amount equal to two times the value of the property paid over,
released, sold, transferred, encumbered, conveyed, or otherwise
disposed of or not surrendered or $5,000, but not to exceed the
amount of the child support arrearages for which the lien[, notice
of levy,] or foreclosure judgment was issued.
(b) A claimant may recover costs and reasonable attorney's
fees incurred in an action under this section.
(c) Any amount paid by a person under this section may not be
credited against the child support arrearages owed by the obligor.
SECTION ____. Section 157.327, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsection (f) to read
as follows:
(b) The notice under this section must:
(1) identify the amount of child support arrearages
owing at the time the amount of arrearages was determined or, if the
amount is less, the amount of arrearages owing at the time the
notice is prepared and delivered to the financial institution; and
(2) direct the financial institution to pay to the
claimant, not earlier than the 15th day or later than the 21st day
after the date of delivery of the notice, an amount from the assets
of the obligor or from funds due to the obligor that are held or
controlled by the institution, not to exceed the amount of the child
support arrearages identified in the notice, unless:
(A) the institution is notified by the claimant
that the obligor has paid the arrearages or made arrangements
satisfactory to the claimant for the payment of the arrearages;
(B) the obligor or another person files a suit
under Section 157.323 requesting a hearing by the court; or
(C) if the claimant is the Title IV-D agency, the
obligor has requested an agency review under Section 157.328.
(c) A financial institution that receives a notice of levy
under this section may not close an account in which the obligor has
an ownership interest, permit a withdrawal from any account the
obligor owns, in whole or in part, or pay funds to the obligor so
that any amount remaining in the account is less than the amount of
the arrearages identified in the notice, plus ordinary monthly
[any] fees, if any, due to the institution and any costs of the levy
identified by the claimant.
(f) A financial institution may deduct the fees and costs
identified in Subsection (c) from the obligor's assets before
paying the appropriate amount to the claimant.
SECTION ____. Section 157.329, Family Code, is amended to
read as follows:
Sec. 157.329. MOTION FOR COURT REVIEW OF APPLICABILITY; NO
LIABILITY FOR COMPLIANCE WITH NOTICE OF LIEN OR LEVY. (a) Not
later than the 10th day after the date of delivery of the notice of
child support lien or levy, a financial institution may file a
motion with the court for a review of the applicability of the lien
or notice of levy to the account at the financial institution. A
notice of child support lien or levy remains binding and payment to
the claimant shall be made as provided by Section 157.327(b)(2),
unless otherwise ordered by the court.
(b) A financial institution that possesses or has a right to
an obligor's assets for which a notice of lien or levy has been
delivered and that freezes assets subject to a child support lien or
timely surrenders the assets or right to assets in accordance with
[to] a child support levy [lien claimant] is not liable to the
obligor or any other person for the property or rights frozen or
surrendered.
SECTION ____. Section 157.330, Family Code, is amended to
read as follows:
Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. (a) A
person who possesses or has a right to property that is the subject
of a notice of levy delivered to the person and who refuses or fails
to timely surrender the property or right to property that should
have been paid or delivered to the claimant on demand is liable to
the claimant for the greater of [in] an amount equal to two times
the value of the property or right to property that should have been
paid or delivered or $5,000, [not surrendered] but [that does] not
to exceed the amount of the child support arrearages for which the
notice of levy has been filed.
(b) A claimant may recover costs and reasonable attorney's
fees incurred in an action under this section.
(c) Any amount paid by a person under this section may not be
credited against the child support arrearages owed by the obligor.
SECTION ____. Subsection (a), Section 158.502, Family Code,
is amended to read as follows:
(a) An administrative writ of withholding under this
subchapter may be issued by the Title IV-D agency at any time until
all current support, including medical support, and child support
arrearages, and Title IV-D service fees authorized under Section
231.103 for which the obligor is responsible, have been paid. The
writ issued under this subsection may be based on an obligation in
more than one support order.
SECTION ____. Section 158.506, Family Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) If a review under this section fails to resolve any
issue in dispute, the obligor [is entitled to the remedies provided
by Section 158.317 for cases in which a notice of an application for
judicial writ of withholding was not received. The obligor] may
file a motion with the court to withdraw the administrative writ of
withholding and request a hearing with the court not later than the
30th day after receiving notice of the agency's determination.
Income withholding may not be interrupted pending a hearing by the
court.
(d) If an administrative writ of withholding issued under
this subchapter is based on an order of a tribunal of another state
that has not been registered under Chapter 159, the obligor may file
a motion with an appropriate court in accordance with Subsection
(c).
SECTION ____. Section 158.507, Family Code, is amended to
read as follows:
Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING.
An administrative writ to terminate withholding may be issued and
delivered to an employer by the Title IV-D agency when all current
support, including medical support, and child support arrearages,
and Title IV-D service fees authorized under Section 231.103 for
which the obligor is responsible, have been paid.
SECTION ____. Subsection (b), Section 231.006, Family Code,
is amended to read as follows:
(b) A child support obligor or business entity ineligible to
receive payments under Subsection (a) [or a child support obligor
ineligible to receive payments under Subsection (a-1)] remains
ineligible until:
(1) all arrearages have been paid;
(2) the obligor is in compliance with a written
repayment agreement or court order as to any existing delinquency;
or
(3) the court of continuing jurisdiction over the
child support order has granted the obligor an exemption from
Subsection (a) as part of a court-supervised effort to improve
earnings and child support payments.
SECTION ____. The heading to Section 231.012, Family Code,
is amended to read as follows:
Sec. 231.012. CHILD SUPPORT [COUNTY ADVISORY] WORK GROUP.
SECTION ____. Subsections (a), (b), and (c), Section
231.012, Family Code, are amended to read as follows:
(a) The director of the Title IV-D agency may convene [shall
establish] a [county advisory] work group representing public and
private entities with an interest in child support enforcement in
this state to work with [assist] the director [Title IV-D agency] in
developing strategies to improve [and changing] child support
enforcement in this state [programs that affect counties. The work
group shall consist of at least one of each of the following:
[(1) county judge;
[(2) county commissioner;
[(3) district clerk;
[(4) domestic relations officer;
[(5) associate judge for Title IV-D cases; and
[(6) district court judge].
(b) The director of the Title IV-D agency shall appoint the
members of the work group after consulting with appropriate public
and private entities [the relevant professional or trade
associations of the professions that are represented on the work
group. The director of the Title IV-D agency shall determine the
number of members of the work group and shall designate the
presiding officer of the group].
(c) The work group shall meet as convened by the director of
the Title IV-D agency and consult with[:
[(1) advise] the director on matters relating to [of
the Title IV-D agency of the impact on counties that a proposed]
child support enforcement in this state, including the delivery of
Title IV-D services [program or a change in a program may have;
[(2) establish a state-county child support
improvement plan;
[(3) advise the Title IV-D agency on the operation of
the state disbursement unit;
[(4) plan for monetary incentives for county
partnership programs;
[(5) expand the number of agreements with counties for
enforcement services; and
[(6) work with relevant statewide associations on a
model partnership agreement].
SECTION ____. Section 231.103, Family Code, is amended by
amending Subsection (f) and adding Subsection (g-1) to read as
follows:
(f) The state disbursement unit established and operated by
the Title IV-D agency under Chapter 234 may collect a monthly
service fee of $3 in each case in which [deducted from] support
payments are processed through the unit [in a case for which the
Title IV-D agency is not providing services].
(g-1) A fee authorized under this section for providing
child support enforcement services is part of the child support
obligation if the obligor is responsible for the fee, and may be
enforced against the obligor through any method available for the
enforcement of child support, including contempt.
SECTION ____. Section 233.019, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) A child support order issued by a tribunal of another
state and filed with an agreed review order as an exhibit to the
agreed review order shall be treated as a confirmed order without
the necessity of registration under Subchapter G, Chapter 159.
SECTION ____. Subsection (a), Section 234.008, Family Code,
is amended to read as follows:
(a) Not [Except as provided by Subsection (c) or (d), not]
later than the second business day after the date the state
disbursement unit receives a child support payment, the state
disbursement unit shall distribute the payment to the Title IV-D
agency or the obligee.
SECTION ____. Subchapter A, Chapter 234, Family Code, is
amended by adding Section 234.012 to read as follows:
Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE
REGISTRY. Unless prohibited by a court in accordance with Section
105.006(c), the state case registry shall, on request and to the
extent permitted by federal law, provide the information required
under Sections 105.006 and 105.008 in any case included in the
registry under Section 234.001(b) to:
(1) any party to the proceeding;
(2) an amicus attorney;
(3) an attorney ad litem;
(4) a friend of the court;
(5) a guardian ad litem;
(6) a domestic relations office;
(7) a prosecuting attorney or juvenile court acting in
a proceeding under Title 3; or
(8) a governmental entity or court acting in a
proceeding under Chapter 262.
(2) In SECTION 16 of the bill (page 8, lines 20 and 21),
strike the introductory language and substitute the following:
Section 157.313, Family Code, is amended by amending
Subsections (a), (c), and (e) and adding Subsection (f) to read as
follows:
(3) In SECTION 16 of the bill, immediately following amended
Subsection (e), Section 157.313, Family Code (page 10, between
lines 12 and 13), insert the following:
(f) The requirement under Subsections (a)(3) and (4) to
provide a social security number, if known, does not apply to a lien
notice for a lien on real property.
(4) In SECTION 17 of the bill (page 10, lines 13 and 14),
strike the introductory language and substitute the following:
Subsections (a) and (a-1), Section 157.317, Family Code, are
amended to read as follows:
(5) In SECTION 17 of the bill, immediately preceding amended
Subsection (a-1), Section 157.317, Family Code (page 10, between
lines 14 and 15), insert the following:
(a) A child support lien attaches to all real and personal
property of an obligor not exempt under the Texas Constitution or
other law, including:
(1) an account in a financial institution in which
funds are held for the obligor's benefit, regardless of whether the
account is in the name of the obligor or in the name of a nominal
owner other than the obligor;
(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 an insurance settlement or
award for the claim, due to or owned by the obligor.
(6) In SECTION 18 of the bill, in the introductory language
(page 10, line 23), strike "Section 158.214" and substitute
"Sections 158.214 and 158.215".
(7) In SECTION 18 of the bill, immediately following added
Section 158.214, Family Code (page 11, between lines 8 and 9),
insert the following:
Sec. 158.215. WITHHOLDING FROM LUMP-SUM PAYMENTS. (a) In
this section, "lump-sum payment" means income in the form of a bonus
or commission or an amount paid in lieu of vacation or other leave
time. The term does not include an employee's usual earnings or an
amount paid as severance pay on termination of employment.
(b) This section applies only to an employer who receives an
administrative writ of withholding in a Title IV-D case that
requires that an obligor's income be withheld for child support
arrearages.
(c) An employer to whom this section applies may not make a
lump-sum payment to the obligor in the amount of $500 or more
without first notifying the Title IV-D agency that issued the writ
to determine whether all or a portion of the payment should be
applied to the child support arrearages.
(d) After notifying the Title IV-D agency in compliance with
Subsection (c), the employer may not make the lump-sum payment
before the earlier of:
(1) the 10th day after the date on which the employer
notified the Title IV-D agency; or
(2) the date on which the employer receives
authorization from the Title IV-D agency to make the payment.
(e) If the employer receives a timely authorization from the
Title IV-D agency under Subsection (d)(2), the employer may make
the payment only in accordance with the terms of that
authorization.
(8) Add the following appropriately numbered SECTION to the
bill:
SECTION ____. The following provisions of the Family Code
are repealed:
(1) Subsection (a-1), Section 231.006;
(2) Section 231.011;
(3) Subsection (d), Section 231.103;
(4) Section 231.310;
(5) Subsections (c), (d), and (e), Section 234.008;
and
(6) Chapter 235.
(9) In SECTION 34 of the bill (page 22, line 18), add the
following appropriately lettered subdivisions and reletter
existing subdivisions in SECTION 34 accordingly:
(__) The changes in law made by this Act to Sections
157.311, 157.313, 157.317, 157.324, and 157.330, Family Code, apply
only to a child support lien or levy notice or suit filed on or after
the effective date of this Act. A child support lien or levy notice
or suit filed before the effective date of this Act is governed by
the law in effect on the date the lien or levy notice or suit was
filed, and the former law is continued in effect for that purpose.
(__) Section 157.314, Family Code, as amended by this Act,
and Subsection (f), Section 157.327, Family Code, as added by this
Act, apply only to a financial institution that receives a lien
notice or notice of levy under those sections on or after the
effective date of this Act. A financial institution that receives a
lien notice or notice of levy under those sections before the
effective date of this Act is governed by the law in effect on the
date the lien notice or notice of levy is received, and the former
law is continued in effect for that purpose.
(__) The changes in law made by this Act to Section 158.506,
Family Code, apply only to an administrative writ of withholding
issued on or after the effective date of this Act. An
administrative writ of withholding issued before the effective date
of this Act is governed by the law in effect at the time the
administrative writ is issued, and the former law is continued in
effect for that purpose.
(__) The changes in law made by this Act to Section 231.103,
Family Code, apply only to fees that are incurred on or after the
date that the rules adopted in accordance with that section take
effect.
(10) Renumber existing SECTIONS of the bill accordingly.