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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of a domestic relations office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.004(a), Family Code, is amended to |
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read as follows: |
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(a) A domestic relations office may: |
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(1) collect and disburse child support payments that |
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are ordered by a court to be paid through a domestic relations |
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registry; |
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(2) maintain records of payments and disbursements |
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made under Subdivision (1); |
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(3) file a suit, including a suit to: |
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(A) establish paternity; |
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(B) enforce a court order for child support or |
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for possession of and access to a child; and |
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(C) modify or clarify an existing child support |
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order; |
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(4) provide an informal forum in which alternative |
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dispute resolution [:
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[(A)mediation] is used to resolve disputes [in
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an action] under this code [Subdivision (3); or
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[(B) an agreed repayment schedule for delinquent
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child support is negotiated as an alternative to filing a suit to
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enforce a court order for child support under Subdivision (3)]; |
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(5) prepare a court-ordered social study under Chapter |
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107; |
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(6) represent a child as an amicus attorney, an |
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attorney ad litem, or a guardian ad litem in a suit in which: |
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(A) termination of the parent-child relationship |
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is sought; or |
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(B) conservatorship of or access to a child is |
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contested; |
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(7) serve as a friend of the court; |
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(8) provide predivorce counseling ordered by a court; |
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(9) provide community supervision services under |
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Chapter 157; |
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(10) provide information to assist a party in |
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understanding, complying with, or enforcing the party's duties and |
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obligations under Subdivision (3); |
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(11) provide, directly or through a contract, |
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visitation services, including supervision of court-ordered |
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visitation, visitation exchange, or other similar services; [and] |
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(12) issue an administrative writ of withholding under |
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Subchapter F, Chapter 158; and |
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(13) provide parenting coordinator services under |
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Chapter 153. |
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SECTION 2. Section 203.005(a), Family Code, is amended to |
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read as follows: |
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(a) The administering entity may authorize a domestic |
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relations office to assess and collect: |
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(1) an initial operations fee not to exceed $15 to be |
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paid to the domestic relations office on the filing of a suit; |
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(2) in a county that has a child support enforcement |
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cooperative agreement with the Title IV-D agency, an initial child |
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support service fee not to exceed $36 to be paid to the domestic |
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relations office on the filing of a suit; |
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(3) a reasonable application fee to be paid by an |
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applicant requesting services from the office; |
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(4) a reasonable attorney's fee and court costs |
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incurred or ordered by the court; |
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(5) a monthly service fee not to exceed $3 to be paid |
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annually in advance by a managing conservator and possessory |
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conservator for whom the domestic relations office provides child |
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support services; |
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(6) community supervision fees as provided by Chapter |
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157 if community supervision officers are employed by the domestic |
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relations office; |
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(7) a reasonable fee for preparation of a |
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court–ordered social study; |
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(8) in a county that provides visitation services |
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under Sections 153.014 and 203.004 a reasonable fee to be paid to |
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the domestic relations office at the time the visitation services |
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are provided; [and] |
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(9) a fee to reimburse the domestic relations office |
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for a fee required to be paid under Section 158.503(d) for filing an |
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administrative writ of withholding; |
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(10) a reasonable fee for parenting coordinator |
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services; and |
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(11) a reasonable fee for alternative dispute |
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resolution services. |
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SECTION 3. Sections 203.007(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) A domestic relations office may obtain the records |
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described by Subsections (b), (c), (d), and (e) that relate to a |
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person who has: |
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(1) been ordered to pay child support; |
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(2) been designated as a [possessory] conservator [or
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managing conservator] of a child; |
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(3) been designated to be the father of a child; [or] |
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(4) executed an acknowledgment of paternity; |
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(5) court-ordered possession of a child; or |
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(6) filed suit to adopt a child. |
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(b) A domestic relations office is entitled to obtain from |
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the Department of Public Safety records that relate to: |
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(1) a person's date of birth; |
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(2) a person's most recent address; |
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(3) a person's current driver's license status; |
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(4) motor vehicle accidents involving a person; [and] |
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(5) reported traffic-law violations of which a person |
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has been convicted; and |
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(6) a person's criminal history record information. |
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SECTION 4. Section 411.1285(a), Government Code, is amended |
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to read as follows: |
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(a) A domestic relations office created under Chapter 203, |
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Family Code, is entitled to obtain from the department criminal |
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history record information that relates to a person who is a party |
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to a proceeding in which the domestic relations office has been: |
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(1) appointed guardian ad litem for a child; [or] |
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(2) ordered to conduct a social study under Subchapter |
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D, Chapter 107, Family Code; or |
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(3) requested to enforce a court order for possession |
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of and access to a child as provided by Section 203.004(a)(3)(B), |
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Family Code. |
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SECTION 5. This Act takes effect September 1, 2007. |