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AN ACT
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relating to operations fees and child support service fees assessed |
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by domestic relations offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 110.006, Family Code, is amended to read |
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as follows: |
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Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND |
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CHILD SUPPORT SERVICE FEES. (a) If an administering entity of a |
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domestic relations office adopts an initial operations fee under |
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Section 203.005(a)(1) [or an initial child support service fee
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under Section 203.005(a)(2)], the clerk of the court shall: |
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(1) collect the operations fee at the time the |
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original suit, motion for modification, or motion for enforcement, |
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as applicable, is filed; and |
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(2) send the fee to the domestic relations office. |
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(b) If an administering entity of a domestic relations |
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office adopts an initial child support service fee under Section |
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203.005(a)(2), the clerk of the court shall: |
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(1) collect the child support service fee at the time |
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the original suit is filed; and |
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(2) send the fee to the domestic relations office. |
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(c) The fees described by Subsections (a) and (b) are not |
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filing fees for purposes of Section 110.002 or 110.003. |
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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 each [the] filing of an |
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original [a] suit, motion for modification, or motion for |
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enforcement; |
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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 an original [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; |
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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. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4424 was passed by the House on May 7, |
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2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 4424 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 4424 on May 31, 2009, by the following vote: Yeas 144, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4424 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 29, Nays |
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2; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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4424 on May 31, 2009, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |