BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 228

                                                                                                                                            By: Harris

                                                                                                                                      Jurisprudence

                                                                                                                                            8/28/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Family Code provides for the establishment of paternity and for the establishment and enforcement of child and medical support obligations for a child in suits affecting the child-parent relationship. Child and medical support obligations may be enforced through the use of various remedies prescribed by the Family Code, including income withholding, the assertion of liens for past-due support, and the suspension of licenses of delinquent obligors for the purpose of forcing compliance with a child support order. The Family Code also provides certain administrative processes for the Title IV-D agency, which is administered by the Texas attorney general in compliance with federal mandates as a condition for state's receipt of federal funds for its child support enforcement and welfare programs.

 

The Family Code has been repeatedly amended with regard to the establishment and enforcement of child support obligations to reflect new federal mandates, case law, current practice, and the need for clarification of provisions and enhancement of procedures provided by law.

 

S.B. 228 makes technical corrections to and clarifications in certain provisions of the Family Code relating to the establishment and enforcement of child support obligations, as well as to related provisions in the Government Code, Transportation Code, and Labor Code. In addition, this bill provides for the enhancement of administrative processes available to the Title IV-D agency under the Family Code for the enforcement of child support obligations, specifically by providing an administrative process for the denial of license renewal under Chapter 232 (Suspension of License), Family Code. This bill also provides an administrative, civil penalty for the failure of an employer to make reports to the state directory of new hires, as required by federal and state law.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Title IV-D agency is modified in SECTION 59 (Sec. 234.006, Family Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter 101, Family Code, by adding Section 101.0255, to define "record."

 

SECTION 2.  Amends Section 102.009(d), Family Code, as follows:

 

(d) Adds termination of a support right assigned to the Title IV-D agency to the requirements for which notice shall be given to the Title IV-D agency.

 

SECTION 3.  Amends Section 105.006(g), Family Code, as follows:

 

(g) Requires the Title IV-D agency to promulgate and provide forms for use in reporting certain information to the court and the state case registry under Chapter 234, deleting the condition that it be established in order to provide such forms to the state case registry.

 

SECTION 4.  Amends Section 108.001, Family Code, by amending Subsection (a) and adding Subsection (d), as follows:

 

(a) Requires the court clerk to transmit to the bureau of vital statistics (bureau) a certified record of the order rendered in a suit, and content requirements therein. Requires that the record be provided on a form furnished by the bureau, completed by the petitioner, and submitted to the clerk at the time the order is filed for record.

 

(d) Authorizes the Title IV-D agency to transmit the record and information to the bureau and, if requested, the court clerk in a Title IV-D case. Specifies that such records and information are not required to be certified if transmitted under this subsection.

 

SECTION 5.  Amends Section 108.004, Family Code, as follows:

 

Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. Adds Chapters 159 (Uniform Interstate Family Support Act) and 262 (Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child) to the list of chapters under which the clerk is required to transmit to the bureau a record stating loss of jurisdiction, as well as the content requirements thereof.

 

SECTION 6.  Amends Section 151.001(b), Family Code, as follows:

 

(b) Specifies that a parent's duty to support his or her child exists while the child is an unemancipated minor and is fully enrolled in a secondary school leading toward a high school diploma, rather than an accredited secondary school. Places an additional requirement that the child be in compliance with the attendance requirements described by Section 154.002(a)(2). Deletes existing test establishing the end of the parent's support duty at the end of the school year in which the child graduates.

 

SECTION 7.  Amends Subchapter A, Chapter 153, Family Code, by adding Section 153.015, as follows:

 

Sec. 153.015.  ELECTRONIC COMMUNICATION WITH CHILD BY CONSERVATOR.  (a) Defines "electronic communication."

 

(b) Authorizes the court to grant electronic communication as a supplement to periods of child custody or visitation if requested by a child's conservator.  Requires a court considering electronic communication privileges to take into account the child's best interests, the availability of necessary equipment to all parties involved, and any other factor the court deems necessary.

 

(c) Requires each conservator subject to a court order granting electronic communication privileges to provide the other conservator all of the child's electronic communication access information (information), notify the other conservator within 24 hours of any changes in the information, and accommodate electronic communication in the same manner as all other types of access and as provided by the court's order.

 

(d) Prohibits the court from considering the availability of electronic communication as a factor in determining child support.  Provides that the availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child, where otherwise appropriate.

 

(e) Authorizes the court to allow electronic communication in matters associated with family violence only if all parties agree to the terms of the award and the terms include specific restrictions relating to family violence or supervised visitation, as applicable, and are printed in the court order in a certain manner.

 

SECTION 8.  Amends Section 153.3161, Family Code, as follows:

 

Sec. 153.3161. New heading: POSSESSION DURING MILITARY DEPLOYMENT.  (a) Defines "military deployment."

 

(b)  Requires the court to permit a possessory or a joint managing conservator of a child without the exclusive right to designate the primary residence of the child who is currently a member of the armed forces of the state or the United States or is reasonably expected to join those forces to designate a person who may exercise possession, rather than limited possession, of the child on behalf of that conservator during any period that the conservator is deployed under a military deployment, rather than outside of the United States.  Makes conforming changes.

 

(c)  Requires the court to provide in the order, if the court determines that the possession, rather than the limited possession, is in the best interest of the child, that during periods of military deployment the designated person has the right to possession of the child for the periods and in the manner in which the deployed conservator would be entitled to exercise possession if not deployed, and the child's other parent and the designated person are subject to the requirements of Section 153.316, rather than Sections 153.316(5) - (9), with the designated person considered for purposes of that section to be the possessory conservator.  Makes conforming changes.

 

(d)  Makes conforming changes.

 

SECTION 9.  (a) Amends Section 154.006(a), Family Code, as follows:

 

(a) Deletes existing text providing that a child support order terminates on the death of a parent ordered to pay child support (support).  Provides that the support order terminates on the date on which the child begins active service as defined by 10 U.S.C. Section 101, if the child enlists in the armed forces of the United States, unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b).

 

(b) Provides that the change in law made by this Act to Section 154.006(a), Family Code, applies to an order for child support regardless of whether the order was rendered before, on, or after the effective date of this Act.

 

SECTION 10.  Amends Section 154.127, Family Code, as follows:

 

Sec. 154.127.  PARTIAL TERMINATION OF SUPPORT OBLIGATION.  (a) Creates this subsection from existing text. 

 

(b)  Provides that a child support order is in compliance with the requirement imposed by Subsection (a) if the order contains a provision that specifies the events, including a child reaching the age of 18 years or otherwise having the disabilities of minority removed, that have the effect of terminating the obligor's obligation to pay child support for that child, and the reduced total amount that the obligor is required to pay each month after the occurrence of an event described Subdivision (1).

 

SECTION 11.  (a) Amends Section 154.131, Family Code, by adding Subsection (f), as follows:

 

(f) Provides that, notwithstanding any other provision of this subtitle, the court retains jurisdiction to render an order for retroactive child support in a suit if a petition requesting retroactive child support is filed not later than the fourth anniversary of the date of the child's 18th birthday.

 

(b) Provides that the change in law made by this Act by the enactment of Section 154.131(f), Family Code, applies only to a petition in a suit affecting the parent-child relationship pending in a trial court on or filed on or after the effective date of this Act.

 

SECTION 12.  Amends Section 154.186(a) and (b), Family Code, to specify that this section (Notice to Employer Concerning Medical Support) applies to an obligee, obligor, or child support agency of this state or another state, and in certain case, the Title IV-D agency of this state or another state.

 

SECTION 13.  Amends Section 155.301(c), Family Code, to require the court to sign an order for transfer of continuing, exclusive, jurisdiction if the parties submit an agreed order to the court. Makes a conforming change.

 

SECTION 14.  Amends Section 156.105, Family Code, as follows:

 

Sec. 156.105.  MODIFICATION OF ORDER BASED ON MILITARY DEPLOYMENT.  (a) Defines "military deployment."

 

(b) Creates this subsection from existing Subsection (a).  Makes a reference to military deployment of a person, rather than military deployment outside this country of a person.

 

(c) Creates this subsection from existing Subsection (b).  Authorizes the court to modify the order or decree to provide in a manner consistent with Section 153.3161 for possession, rather than limited possession, of the child during the period of the military deployment by a person designated by the deployed conservator.

 

SECTION 15. Amends Section 156.401(b), Family Code, to specify that a support order may be modified with regard to the amount of support ordered as to obligations accruing after the earlier of specified dates.

 

SECTION 16. Amends Section 156.409, Family Code, by amending Subsection (a) and adding Subsections (a-1), (a-2), and (a-3), as follows:

 

(a) Deletes existing text relating to a conservator of a child who voluntarily relinquishes primary care and possession of the child to another person.  Requires the court to modify a child support order to provide that the person with possession of the child for at least six months has the right to receive and give receipt for child support payments and hold or disburse money for the benefit of the child, in certain circumstances. Sets forth the circumstances under which the aforementioned provision applies.

 

(a-1) Requires the court to order the obligor to pay the child's legal custodian certain unpaid child support if the court modifies a support order under this section.

 

(a-2) Provides that this section does not affect the ability of the court to render a temporary order for the payment of child support that is in the best interest of the child.

 

(a-3) Requires an order under this section that modifies a support order because of the incarceration of the sole or joint managing conservator of a child to provide that on the conservator's release from incarceration the conservator is authorized to file an affidavit with the court stating that the conservator has been released from incarceration, that there has not been a modification of the conservatorship of the child during the incarceration, and that the conservator has resumed physical possession of the child.  Requires a copy of the affidavit to be delivered to the obligor and any other party, including the Title IV-D agency if appropriate.  Requires the court on its motion, on receipt of the affidavit, to order the obligor to make support payments to the conservator.

 

SECTION 17.  Amends Section 157.005(a), Family Code, to change the timeframe by which a motion for enforcement must be filed from six months after to the second anniversary of a certain date.

 

SECTION 18.  Amends Section 157.065(a), Family Code, to specify that a notice of a hearing on a motion for enforcement, rather than notice of a motion for enforcement, may be served in the manner described in this subsection.

 

SECTION 19.  Amends Section 157.102, Family Code, as follows:

 

Sec. 157.102. New heading: CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT OFFICIALS. Requires law enforcement officials to treat a capias or arrest warrant under this chapter in the same manner as an arrest warrant for a criminal offense. Makes conforming changes.

 

SECTION 20.  Amends Section 157.268, Family Code, as follows:

 

Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Adds Title IV-D service fees to the list of prioritized items for which collected child support money is to be applied.

 

SECTION 21.  Amends Sections 157.105(a) and (c), Family Code, as follows:

 

(a) Specifies that a respondent who is taken into custody and not released on bond must be brought before the court on or before the third, rather than the first, working day after the arrest date.

 

(c) Increases from five to seven the number of days after the respondent's arrest that the court has in which to hold a hearing, unless otherwise waived by the party.

 

SECTION 22.  Amends Section 157.212, Family Code, as follows:

 

Sec. 157.212. TERM OF COMMUNITY SUPERVISION. Specifies that the initial period of community supervision is not to exceed 10 years. Authorizes the court to continue the community supervision beyond 10 years until the earlier of specified dates.

 

SECTION 23.  Amends Sections 157.216(a) and (b), Family Code, as follows:

 

(a) Increases the number of days in which the court must hold a hearing to no later than the third working day after the respondent's arrest date, unless otherwise unavailable, then the hearing must take place no later than the third working day after the court becomes available.

 

(b) Requires the aforementioned hearing to be held no later than the seventh, rather than third, working day after the respondent's arrest.

 

SECTION 24.  Amends Section 157.263(c), Family Code, as follows:

 

(c) Requires the court to render a new cumulative judgment if the amount of the child support tax credit to the obligor is reduced because the tax refund was amended, audited by the I.R.S., adjusted because of an injured spouse claim by a jointly filing spouse, or for another reason permitted by law. Deletes existing text relating to a refund based on a joint return under 42 U.S.C. Section 664, as amended.

 

SECTION 25.  Amends Section 157.264(b), Family Code, as follows:

 

(b) Requires, rather than authorizes, the court to render an order requiring the obligor to make payments on the judgment, including by income withholding under Chapter 158, if the obligor is subject thereto. Deletes existing text relating to withholding of earnings of an obligor.

 

SECTION 26.  Amends Section 157.269, Family Code, as follows:

 

Sec. 157.269. RETENTION OF JURISDICTION. Specifies that a court rendering a decision for the payment of child support retains continuing jurisdiction to enforce the order. Provides methods by which a court may enforce the order.

 

SECTION 27.  Amends Sections 157.313, Family Code, by amending Subsections (a), (c), and (e) and adding Subsection (f), as follows:

 

(a) Provides an additional content requirement for a child support lien notice to include any property acquired after the filing or delivery date of the notice.

 

(c) Provides an exception under Subsection (e).

 

(e) Specifies that the federal form of lien notice does not require verification when used by the Title IV-D agency.

 

(f) Provides that 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.

 

SECTION 28. Amends Section 157.317(a-1), Family Code, to specify that a lien attaches to all property owned or acquired on or after submission date thereof. Makes a nonsubstantive change.

 

SECTION 29.  Amends Section 157.318(a), Family Code, to provide that a lien is effective until all current support and child support arrearages, including interest, 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 30.  Amends Section 157.324, Family Code, as follows:

 

Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR LIEN. Provides a penalty applicable to a person who sells property that is subject to a child support lien, or fails to surrender nonexempt personal property as directed by a court under this subchapter. Provides that the penalty is equal to the value of the property disposed of or not surrendered, not to exceed the amount of the child support arrearages for which the lien or foreclosure judgment was issued. Deletes existing text relating to administrative orders and levy notices.

 

SECTION 31.  Amends Section 157.327, Family Code, by amending Subsection (b) and adding Subsection (f), as follows:

 

(b) Places additional content requirements for a notice under this section. Requires the notice of levy to include the amount of arrearages owed at the time the notice is prepared and delivered to the financial institution.

 

(f) Authorizes a financial institution to deduct certain fees and costs from an obligor's assets before paying the claimant.

 

SECTION 32.  Amends Section 157.330, Family Code, as follows:

 

Sec. 157.330. FAILURE TO COMPLY WITH NOTICE. (a) Creates this subsection from existing text.

 

(b) Authorizes a claimant to recover costs and reasonable attorney's fees incurred in an action under this section.

 

SECTION 33.  Amends Subchapter C, Chapter 158, Family Code, by adding Section 158.214, as follows:

 

Sec. 158.214.  WITHHOLDING FROM SEVERANCE PAY. Defines "severance pay." Requires an employer who receives a writ of withholding under this chapter to withhold from any severance pay an amount equal to what the obligor would have paid if the severance pay had been paid as the obligor's usual earnings as a current employee, but not in an amount that exceeds the maximum amount allowed under Section 158.009.

 

SECTION 34.  Amends Subchapter C, Chapter 158, Family Code, by adding Section 158.215, as follows:

 

Sec. 158.215.  WITHHOLDING FROM LUMP-SUM PAYMENTS. Defines "lump-sum payment." Specifies to whom this section applies. Sets forth the manner, conditions, and time frame in which an employer to whom this section applies may make a lump-sum payment to the obligor in an amount over $500. Prohibits an employer from making a lump-sum payment to the obligor before the earlier of specified dates, after the employer has notified the Title IV-D agency in compliance with the provisions in this section. Requires an employer who receives timely authorization from the Title IV-D agency to make the lump-sum payment only in accordance with the terms of authorization.

 

SECTION 35.  Amends Section 158.502(a), Family Code, to make a conforming change.

 

SECTION 36.  Amends Section 158.506, Family Code, by amending Subsection (c) and adding Subsection (d), as follows:

 

(c) Authorizes the obligor to file a motion to withdraw the administrative writ of withholding and request a hearing in certain cases under a specified time frame. Deletes existing text relating to an obligor's remedy entitlements for cases in which an application notice for judicial writ of withholding was not received. 

 

(d) Authorizes an obligor to file a motion in accordance with Subsection (c) if the administrative writ is issued on the order of a tribunal of another state not registered under Chapter 159 (Uniform Interstate Family Support Act).

 

SECTION 37.  Amends Section 158.507, Family Code, to make conforming changes.

 

SECTION 38.  Amends Section 159.102(23), Family Code, to redefine "support order."

 

SECTION 39.  Amends Section 160.102(6), Family Code, to redefine "donor."

 

SECTION 40.  Amends Subchapter H, Chapter 160, Family Code, by adding Section 160.7031, as follows:

 

Sec. 160.7031.  UNMARRIED MAN'S PATERNITY OF CHILD OF ASSISTED REPRODUCTION.  (a) Provides that, if an unmarried man, with the intent to be the father of a resulting child, provides sperm to a licensed physician and consents to the use of that sperm for assisted reproduction by an unmarried woman, he is the father of a resulting child.

 

(b) Requires consent by an unmarried man who intends to be the father of a resulting child in accordance with this section to be in a record signed by the man and the unmarried woman and kept by a licensed physician.

 

SECTION 41.  Amends Section 160.704(a), Family Code, to require consent by a married woman to assisted reproduction to be in a record signed by the woman and her husband and kept by a licensed physician.

 

SECTION 42.  Amends Section 160.706, Family Code, to make conforming changes.

 

SECTION 43.  Amends Section 160.707, Family Code, to make a conforming change.

 

SECTION 44.  Amends Section 161.206, Family Code, by adding Subsection (d), to set forth the contents required to be included in an order rendered under this section.

 

SECTION 45.  Amends Section 231.006(b), Family Code, to delete text providing that a child support obligor ineligible to receive payments under Subsection (a-1) remains ineligible until certain actions have taken place.

 

 SECTION 46.  Amends the heading of Section 231.012, Family Code, to read as follows:

 

 Sec. 231.012. CHILD SUPPORT WORK GROUP.

 

SECTION 47. Amends Sections 231.012(a), (b), and (c), Family Code, as follows:

 

(a) Authorizes the director of the Title IV-D agency to convene a work group composed of certain entities with an interest in child support enforcement in Texas to work with the director to develop strategies to improve enforcement. Deletes existing text relating to requiring the director to establish a county advisory work group and composition thereof.

 

(b) Requires the director to appoint the members of the work group after consulting with appropriate public and private entities. Deletes existing text relating to consulting with relevant professional or trade associations, and text relating to requiring the director to appoint the members and presiding officer of the work group. 

 

(c) Requires the work group to meet as convened by the director and to consult with the director on matters relating to child support enforcement in Texas, including the delivery of Title IV-D services. Deletes existing text relating to specific plans and programs on which the work group and director are to required to convene.

 

SECTION 48. Amends Section 231.103, Family Code, by amending Subsection (f) and adding Subsection (g-1), as follows:

 

(f) Authorizes the state disbursement unit to collect a $3 monthly service fee in each case in which support payments are processed through the unit.

 

(g-1) Specifies that an authorized fee under this section is part of the obligor's child support obligation and may be enforced in any manner available for the enforcement of child support, including contempt.

 

SECTION 49.  Amends Section 231.202, Family Code, as follows:

 

Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES. Specifies that this section applies to cases filed under Chapter 159. Requires the Title IV-D agency to pay the subpoena issuance fee, as provided by Section 51.318(b)(1), Government Code, for a case filed under this title.

 

SECTION 50.  Amends Sections 232.001(1)-(3), Family Code, to redefine "license," "licensing authority," and "order suspending license."

 

SECTION 51.  Amends Section 232.002, Family Code, as follows:

 

Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. Specifies that all licensing authorities, unless otherwise exempted, are subject to this chapter. Deletes existing text specifying the particular licensing authorities that are subject to this chapter.

 

SECTION 52.  Amends Chapter 232, Family Code, by adding Section 232.0022, as follows:

 

Sec. 232.0022. SUSPENSION OR NONRENEWAL OF MOTOR VEHICLE REGISTRATION. (a) Specifies that the Texas Department of Transportation is the appropriate licensing authority for the suspension or nonrenewal of motor vehicle registration under this chapter.

 

(b) Provides that the suspension or nonrenewal of a motor vehicle registration under this chapter does not encumber the title to the motor vehicle or otherwise affect the transfer of the title to the vehicle or affect the sale, purchase, or registration of the motor vehicle by a person who holds a general distinguishing number issued under Chapter 503, Transportation Code

 

SECTION 53.  Amends Section 232.004(a), Family Code, to authorize a child support agency or obligee to file a petition to suspend an obligor's license if the arrearage is an amount greater than or equal to the total support to be paid for three months, rather than 90 days.

 

SECTION 54.  Amends Sections 232.006(b) and (c), Family Code, as follows:

 

(b) Authorizes a notice under this section to be served in a specified manner if the party has been ordered under Chapter 105 (Settings, Hearings, and Orders), Family Code, to provide the court and registry with its current mailing address.

 

(c) Amends the language to be included in the notice under this section.

 

SECTION 55.  Amends Chapter 232, Family Code, by adding Section 232.0135, as follows:

 

Sec. 232.0135. DENIAL OF LICENSE RENEWAL. (a) Authorizes a child support agency, as defined by Section 101.004, to provide notice of an obligor's failure to pay child support for six months or more and that requests the authority to deny an obligor's application for license renewal to a licensing authority.

 

(b) Requires the licensing authority that receives the aforementioned information to deny license renewal to the obligor until a specified action has been taken.

 

(c) Requires the licensing authority to send a copy of the notice to the obligor, informing the obligor of the available courses of action.

 

(d) Sets forth specific procedural requirements for a review to resolve any issue in dispute regarding the identity of the obligor or the existence or amounts of child support arrearages by the child support agency, if requested by the obligor. Prohibits the obligor's application for license renewal from being accepted by the licensing authority until the court takes certain action.  Requires the agency to reimburse the obligor the amount of any fee charged the obligor under Section 232.014 if, after a review by the agency or a hearing by the court, the agency withdraws the notice under Subsection (a).

 

(e) Authorizes the child support agency to incorporate an obligor's repayment agreement in an order to be filed with and confirmed by the court in the manner provided under Chapter 233.

 

(f) Excludes the State Securities Board from the definition of "licensing authority" in this section.

 

SECTION 56.  Amends Section 234.014, Family Code, as follows:

 

Sec. 234.014. FEE BY LICENSING AUTHORITY. (a) Creates this subsection from existing text. Adds the denial of license renewal by the child support agency to the cases for which a licensing authority is authorized to charge a fee.

 

(b) Specifies that fees collected by the Texas Department of Transportation or the Department of Public Safety are to be credited to the state highway fund.

 

SECTION 57.  Amends Section 233.019, Family Code, by adding Subsection (d), to require a child support order issued by a tribunal of another state and filed with an agreed review order to be treated as a confirmed order, notwithstanding registration under Subchapter G, Chapter 159.

 

SECTION 58.  Amends Section 234.001(c), Family Code, as follows:

 

(c) Makes a nonsubstantive change. Deletes existing text relating to the requirement that the Title IV-D agency make a local registry available with the assistance of the work group established under Section 234.003.

 

SECTION 59.  Amends Section 234.006, Family Code, as follows:

 

Sec. 234.006. New heading: RULEMAKING. Makes a conforming change.

 

SECTION 60.  Amends Section 234.008(a), Family Code, to make a conforming change.

 

SECTION 61.  Amends Subchapter A, Chapter 234, Family Code, by adding Section 234.012, as follows:

 

Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE REGISTRY. Requires the state case registry to provide, on request and to the extent permitted by federal law, the required information under Sections 105.006 and 105.008 in any case to specified persons or entities, unless otherwise prohibited in accordance with Section 105.006(c).

 

SECTION 62.  Amends Subchapter B, Chapter 234, Family Code, by adding Section 234.105, as follows:

 

Sec. 234.105. CIVIL PENALTY. Provides a civil penalty for an employer who knowingly violates a procedure under Section 234.104. Establishes the maximum penalty for a violation thereof. Authorizes the attorney general to sue to collect the penalty and requires the penalty to be deposited in a special fund of the state treasury.

 

SECTION 63.  Amends Sections 207.093(a) and (d), Labor Code, as follows:

 

(a) Changes the section of the Social Security Act to which this section applies from Section 454(20)(i) to Section 454(19)(B)(i) of the Social Security Act. 

 

(d) Redefines "legal process."

 

SECTION 64.  Amends Section 501.002(9), Transportation Code, to redefine "lien."

 

SECTION 65.  Repealer: Section 231.006(a-1) (relating to the ineligibility for student financial assistance for a delinquent child support obligor), Family Code; Section 231.011 (Interagency Workgroup), Family Code; Section 231.103(d) (Relating to a service fee that a Title IV-D agency may charge), Family Code; Section 231.310 (Interagency Workgroup), Family Code; Sections 234.008(c), (d), and (e) (Disposition of funds), Family Code; Chapter 235 (Sharing Information In State Case Registry), Family Code.

 

SECTION 66.  (a) Provides that 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.

 

(b) Provides that 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.

 

(c) Makes application of Section 234.105, Family Code, of this Act prospective.

 

SECTION 67.  (a) Makes application of Section 157.327(f), Family Code, as added by this Act, prospective.

 

(b) Makes application of Section 158.506, Family Code, of this Act prospective.

 

(c) Makes application of Section 231.103, Family Code, of this Act prospective.

 

SECTION 68.  Makes application of Section 153.3161, Family Code, as amended by this Act, prospective.

 

SECTION 69.  Makes application of Section 156.105, Family Code, as amended by this Act, prospective.

 

SECTION 70.  Makes application of Chapter 160, Family Code, of this Act prospective.

 

SECTION 71.  Provides that in the event another Act of the 80th Legislature, Regular Session, 2007, includes a provision adopting Section 153.015, Family Code, relating to electronic communications between a parent and a child, and that provision is not identical to Section 153.015, Family Code, as provided in this Act, the provision in this Act is required to prevail and any such provision in any other Act that is not identical to the provision in this Act is prohibited from becoming effective.

 

SECTION 72.  Effective date: September 1, 2007.