BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1516

81R9832 JMM-F                                                                                                             By: Watson

                                                                                                                                      Jurisprudence

                                                                                                                                            3/29/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current statute does not make it clear that a fee can be charged for serving a capias in a Title IV-D case.  The proposed changes clarify that a fee can be paid for serving a capias in a Title IV-D case.  The proposed changes clarify that a fee can be paid for serving processes and a fee can be paid for serving a capias. 

 

Current statute does not allow the Title IV-D agency to pay a fee for the electronic filing of documents with the clerk.  The proposed legislation gives specific statutory authority for the Title IV-D agency to pay any county imposed fee authorized under a county local rule for this service.

 

As proposed,  S.B. 1516 requires the Title IV-D agency to pay the fee for services provided by sheriffs and constables, including certain fees. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 231.202, Family Code, as follows:

 

Sec. 231.202.  AUTHORIZED COSTS AND FEES IN THE TITLE IV-D CASES.  Requires the Title IV-D agency to pay, in a Title IV-D case filed under this title, including a case filed under Chapter 159 (Uniform Interstate Family Support Act), the fee for services provided by sheriffs and constables, including a fee authorized under Section 118.131 (Fees Set by Commissioners Court), Local Government Code, for serving each item of process to each individual on whom service is required including service by certified or registered mail; a fee authorized under Section 157.103(b) (relating to capias fees) for serving a capias; and a fee prescribed by a rule adopted by the Title IV-D agency for documented unsuccessful efforts to serve a capias.  Deletes existing text that requires the Title IV-D agency to pay the fee that sheriffs and constables are authorized to charge for serving process under Section 118.131, Local Government Code, for each item of process to each individual on whom service is required, including service by certified or registered mail, to be paid to a sheriff, constable, or clerk whenever service of process is required.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2009.