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A BILL TO BE ENTITLED
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AN ACT
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relating to child support enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (g), Section 105.006, Family Code, is |
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amended to read as follows: |
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(g) The Title IV-D agency shall promulgate and provide forms |
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for a party to use in reporting to the court and[, when established,
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to] the state case registry under Chapter 234 the information |
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required under this section. |
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SECTION 2. Section 108.001, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by this chapter, the clerk of the |
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court shall transmit to the bureau of vital statistics a certified |
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record of the order rendered in a suit, together with the name and |
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all prior names, birth date, and place of birth of the child |
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[prepared by the petitioner] on a form provided by the bureau. The |
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form shall be completed by the petitioner and submitted to the clerk |
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at the time the order is filed for record. |
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(d) In a Title IV-D case, the Title IV-D agency may transmit |
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the record and information specified by Subsection (a) to the |
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bureau of vital statistics, with a copy to the clerk of the court on |
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request by the clerk. The record and information are not required |
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to be certified if transmitted by the Title IV-D agency under this |
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subsection. |
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SECTION 3. Section 108.004, Family Code, is amended to read |
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as follows: |
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Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. |
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On the loss of jurisdiction of a court under Chapter 155, 159, or |
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262, the clerk of the court shall transmit to the central registry |
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of the bureau of vital statistics a certified record, on a form |
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provided by the bureau, stating that jurisdiction has been lost, |
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the reason for the loss of jurisdiction, and the name and all |
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previous names, date of birth, and place of birth of the child. |
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SECTION 4. Subsections (a) and (b), Section 154.186, Family |
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Code, are amended to read as follows: |
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(a) The obligee, obligor, or a child support agency of this |
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state or another state may send to the employer a copy of the order |
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requiring an employee to provide health insurance coverage for a |
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child or may include notice of the medical support order in an order |
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or writ of withholding sent to the employer in accordance with |
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Chapter 158. |
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(b) In an appropriate Title IV-D case, the Title IV-D agency |
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of this state or another state shall send to the employer the |
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national medical support notice required under Part D, Title IV of |
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the federal Social Security Act (42 U.S.C. Section 651 et seq.), as |
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amended. The notice may be used in any other suit in which an |
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obligor is ordered to provide health insurance coverage for a |
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child. |
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SECTION 5. Section 157.102, Family Code, is amended to read |
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as follows: |
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Sec. 157.102. CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT |
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OFFICIALS. Law enforcement officials shall treat a [the] capias or |
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arrest warrant ordered under this chapter in the same manner as an |
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arrest warrant for a criminal offense and shall enter the capias or |
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warrant in the computer records for outstanding warrants maintained |
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by the local police, sheriff, and Department of Public Safety. The |
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capias or warrant shall be forwarded to and disseminated by the |
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Texas Crime Information Center and the National Crime Information |
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Center. |
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SECTION 6. Section 157.268, Family Code, is amended to read |
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as follows: |
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Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child |
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support collected shall be applied in the following order of |
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priority: |
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(1) current child support; |
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(2) non-delinquent child support owed; |
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(3) interest on the principal amounts specified in |
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Subdivisions (4) and (5); |
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(4) the principal amount of child support that has not |
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been confirmed and reduced to money judgment; |
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(5) the principal amount of child support that has |
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been confirmed and reduced to money judgment; and |
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(6) the amount of any ordered attorney's fees or costs, |
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or Title IV-D service fees authorized under Section 231.103 for |
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which the obligor is responsible. |
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SECTION 7. Subsection (a), Section 157.318, Family Code, is |
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amended to read as follows: |
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(a) A lien is effective until all current support and child |
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support arrearages, including interest, [and] any costs and |
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reasonable attorney's fees, and any Title IV-D service fees |
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authorized under Section 231.103 for which the obligor is |
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responsible, have been paid or the lien is otherwise released as |
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provided by this subchapter. |
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SECTION 8. Section 157.324, Family Code, is amended to read |
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as follows: |
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Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR |
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LIEN. A person who knowingly disposes of property subject to a |
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child support lien or[,] who, after a foreclosure hearing, fails to |
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surrender on demand nonexempt personal property as directed by a |
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court [or administrative order] under this subchapter[, or who
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fails to comply with a notice of levy under this subchapter] is |
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liable to the claimant in an amount equal to the value of the |
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property disposed of or not surrendered, not to exceed the amount of |
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the child support arrearages for which the lien[, notice of levy,] |
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or foreclosure judgment was issued. |
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SECTION 9. Section 157.327, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) The notice under this section must: |
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(1) identify the amount of child support arrearages |
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owing at the time the amount of arrearages was determined or, if the |
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amount is less, the amount of arrearages owing at the time the |
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notice is prepared and delivered to the financial institution; and |
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(2) direct the financial institution to pay to the |
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claimant, not earlier than the 15th day or later than the 21st day |
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after the date of delivery of the notice, an amount from the assets |
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of the obligor or from funds due to the obligor that are held or |
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controlled by the institution, not to exceed the amount of the child |
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support arrearages identified in the notice, unless: |
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(A) the institution is notified by the claimant |
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that the obligor has paid the arrearages or made arrangements |
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satisfactory to the claimant for the payment of the arrearages; |
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(B) the obligor or another person files a suit |
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under Section 157.323 requesting a hearing by the court; or |
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(C) if the claimant is the Title IV-D agency, the |
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obligor has requested an agency review under Section 157.328. |
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(f) A financial institution may deduct the fees and costs |
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identified in Subsection (c) from the obligor's assets before |
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paying the appropriate amount to the claimant. |
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SECTION 10. Section 157.330, Family Code, is amended to |
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read as follows: |
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Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. (a) A |
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person who possesses or has a right to property that is the subject |
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of a notice of levy delivered to the person and who refuses to |
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surrender the property or right to property to the claimant on |
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demand is liable to the claimant in an amount equal to the value of |
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the property or right to property not surrendered but that does not |
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exceed the amount of the child support arrearages for which the |
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notice of levy has been filed. |
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(b) A claimant may recover costs and reasonable attorney's |
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fees incurred in an action under this section. |
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SECTION 11. Subchapter C, Chapter 158, Family Code, is |
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amended by adding Section 158.214 to read as follows: |
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Sec. 158.214. WITHHOLDING FROM LUMP-SUM PAYMENTS. (a) In |
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this section, "lump-sum payment" means income in the form of a bonus |
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or commission or an amount paid in lieu of vacation or other leave |
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time. The term does not include an employee's usual earnings or an |
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amount paid as severance pay on termination of employment. |
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(b) This section applies only to an employer who receives an |
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administrative writ of withholding in a Title IV-D case that |
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requires that an obligor's income be withheld for child support |
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arrearages. |
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(c) An employer to whom this section applies may not make a |
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lump-sum payment to the obligor in the amount of $500 or more |
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without first notifying the Title IV-D agency that issued the writ |
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to determine whether all or a portion of the payment should be |
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applied to the child support arrearages. |
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(d) After notifying the Title IV-D agency in compliance with |
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Subsection (c), the employer may not make the lump-sum payment |
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before the earlier of: |
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(1) the 10th day after the date on which the employer |
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notified the Title IV-D agency; or |
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(2) the date on which the employer receives |
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authorization from the Title IV-D agency to make the payment. |
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(e) If the employer receives a timely authorization from the |
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Title IV-D agency under Subsection (d)(2), the employer may make |
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the payment only in accordance with the terms of that |
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authorization. |
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SECTION 12. Subsection (a), Section 158.502, Family Code, |
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is amended to read as follows: |
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(a) An administrative writ of withholding under this |
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subchapter may be issued by the Title IV-D agency at any time until |
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all current support, including medical support, and child support |
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arrearages, and Title IV-D service fees authorized under Section |
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231.103 for which the obligor is responsible, have been paid. The |
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writ issued under this subsection may be based on an obligation in |
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more than one support order. |
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SECTION 13. Section 158.506, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) If a review under this section fails to resolve any |
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issue in dispute, the obligor [is entitled to the remedies provided
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by Section 158.317 for cases in which a notice of an application for
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judicial writ of withholding was not received. The obligor] may |
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file a motion with the court to withdraw the administrative writ of |
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withholding and request a hearing with the court not later than the |
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30th day after receiving notice of the agency's determination. |
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Income withholding may not be interrupted pending a hearing by the |
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court. |
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(d) If an administrative writ of withholding issued under |
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this subchapter is based on an order of a tribunal of another state |
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that has not been registered under Chapter 159, the obligor may file |
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a motion with an appropriate court in accordance with Subsection |
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(c). |
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SECTION 14. Section 158.507, Family Code, is amended to |
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read as follows: |
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Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING. |
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An administrative writ to terminate withholding may be issued and |
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delivered to an employer by the Title IV-D agency when all current |
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support, including medical support, and child support arrearages, |
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and Title IV-D service fees authorized under Section 231.103 for |
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which the obligor is responsible, have been paid. |
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SECTION 15. Subsection (b), Section 231.006, Family Code, |
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is amended to read as follows: |
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(b) A child support obligor or business entity ineligible to |
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receive payments under Subsection (a) [or a child support obligor
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ineligible to receive payments under Subsection (a-1)] remains |
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ineligible until: |
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(1) all arrearages have been paid; |
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(2) the obligor is in compliance with a written |
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repayment agreement or court order as to any existing delinquency; |
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or |
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(3) the court of continuing jurisdiction over the |
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child support order has granted the obligor an exemption from |
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Subsection (a) as part of a court-supervised effort to improve |
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earnings and child support payments. |
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SECTION 16. The heading to Section 231.012, Family Code, is |
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amended to read as follows: |
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Sec. 231.012. CHILD SUPPORT [COUNTY ADVISORY] WORK GROUP. |
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SECTION 17. Subsections (a), (b), and (c), Section 231.012, |
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Family Code, are amended to read as follows: |
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(a) The director of the Title IV-D agency may convene [shall
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establish] a [county advisory] work group representing public and |
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private entities with an interest in child support enforcement in |
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this state to work with [assist] the director [Title IV-D agency] in |
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developing strategies to improve [and changing] child support |
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enforcement in this state [programs that affect counties. The work
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group shall consist of at least one of each of the following:
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[(1)county judge;
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[(2)county commissioner;
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[(3)district clerk;
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[(4)domestic relations officer;
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[(5)associate judge for Title IV-D cases; and
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[(6)district court judge]. |
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(b) The director of the Title IV-D agency shall appoint the |
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members of the work group after consulting with appropriate public |
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and private entities [the relevant professional or trade
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associations of the professions that are represented on the work
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group. The director of the Title IV-D agency shall determine the
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number of members of the work group and shall designate the
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presiding officer of the group]. |
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(c) The work group shall meet as convened by the director of |
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the Title IV-D agency and consult with[:
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[(1)advise] the director on matters relating to [of
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the Title IV-D agency of the impact on counties that a proposed] |
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child support enforcement in this state, including the delivery of |
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Title IV-D services [program or a change in a program may have;
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[(2) establish a state-county child support
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improvement plan;
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[(3) advise the Title IV-D agency on the operation of
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the state disbursement unit;
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[(4) plan for monetary incentives for county
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partnership programs;
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[(5) expand the number of agreements with counties for
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enforcement services; and
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[(6) work with relevant statewide associations on a
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model partnership agreement]. |
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SECTION 18. Section 231.103, Family Code, is amended by |
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amending Subsections (a) and (f) and adding Subsection (g-1) to |
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read as follows: |
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(a) The Title IV-D agency may: |
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(1) charge a $25 annual [reasonable] application fee; |
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(2) charge appropriate [a $25 annual] service fees |
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[fee]; and |
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(3) to the extent permitted by federal law, recover |
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costs for the services provided in a Title IV-D case. |
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(f) The state disbursement unit established and operated by |
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the Title IV-D agency under Chapter 234 may collect a monthly |
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service fee of $3 in each case in which [deducted from] support |
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payments are processed through the unit [in a case for which the
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Title IV-D agency is not providing services]. |
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(g-1) A fee authorized under this section for providing |
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child support enforcement services is part of the child support |
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obligation if the obligor is responsible for the fee, and may be |
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enforced against the obligor through any method available for the |
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enforcement of child support, including contempt. |
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SECTION 19. Section 233.019, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A child support order issued by a tribunal of another |
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state and filed with an agreed review order as an exhibit to the |
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agreed review order shall be treated as a confirmed order without |
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the necessity of registration under Subchapter G, Chapter 159. |
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SECTION 20. Subsection (a), Section 234.008, Family Code, |
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is amended to read as follows: |
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(a) Not [Except as provided by Subsection (c) or (d), not] |
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later than the second business day after the date the state |
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disbursement unit receives a child support payment, the state |
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disbursement unit shall distribute the payment to the Title IV-D |
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agency or the obligee. |
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SECTION 21. Subchapter A, Chapter 234, Family Code, is |
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amended by adding Section 234.012 to read as follows: |
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Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE |
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REGISTRY. Unless prohibited by a court in accordance with Section |
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105.006(c), the state case registry shall, on request and to the |
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extent permitted by federal law, provide the information required |
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under Sections 105.006 and 105.008 in any case included in the |
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registry under Section 234.001(b) to: |
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(1) any party to the proceeding; |
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(2) an amicus attorney; |
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(3) an attorney ad litem; |
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(4) a friend of the court; |
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(5) a guardian ad litem; |
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(6) a domestic relations office; |
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(7) a prosecuting attorney or juvenile court acting in |
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a proceeding under Title 3; or |
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(8) a governmental entity or court acting in a |
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proceeding under Chapter 262. |
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SECTION 22. The following provisions of the Family Code are |
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repealed: |
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(1) Subsection (a-1), Section 231.006; |
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(2) Section 231.011; |
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(3) Subsection (d), Section 231.103; |
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(4) Section 231.310; |
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(5) Subsections (c), (d), and (e), Section 234.008; |
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and |
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(6) Chapter 235. |
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SECTION 23. (a) Subsection (f), Section 157.327, Family |
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Code, as added by this Act, applies only to a financial institution |
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that receives a notice of levy under that section on or after the |
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effective date of this Act. A financial institution that receives a |
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notice of levy under that section before the effective date of this |
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Act is governed by the law in effect on the date the notice of levy |
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is received, and the former law is continued in effect for that |
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purpose. |
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(b) The changes in law made by this Act to Section 158.506, |
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Family Code, apply only to an administrative writ of withholding |
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issued on or after the effective date of this Act. An |
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administrative writ of withholding issued before the effective date |
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of this Act is governed by the law in effect at the time the |
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administrative writ is issued, and the former law is continued in |
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effect for that purpose. |
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(c) The changes in law made by this Act to Section 231.103, |
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Family Code, apply only to fees that are incurred on or after the |
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date that the rules adopted in accordance with that section take |
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effect. |
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(d) The changes in law made by this Act relating to a court |
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order establishing paternity or the obligation to pay child support |
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apply only to a suit affecting the parent-child relationship filed |
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on or after the effective date of this Act. A suit affecting the |
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parent-child relationship filed before the effective date of this |
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Act is governed by the law in effect on the date the suit was filed, |
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and the former law is continued in effect for that purpose. |
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(e) The changes in law made by this Act relating to the |
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modification or enforcement of a child support order rendered |
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before the effective date of this Act apply only to a proceeding for |
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modification or enforcement that is commenced on or after the |
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effective date of this Act. A proceeding for modification or |
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enforcement that is commenced before the effective date of this Act |
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is governed by the law in effect on the date the proceeding was |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 24. This Act takes effect September 1, 2007. |