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AN ACT
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relating to child support enforcement and disbursement and to |
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health care coverage for children in Title IV-D cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.009, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In a proceeding under Chapter 233, the requirements |
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imposed by Subsections (a) and (c) do not apply to the extent of any |
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conflict between those requirements and the provisions in Chapter |
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233. |
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SECTION 2. Subsection (b), Section 102.011, Family Code, is |
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amended to read as follows: |
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(b) The court may also exercise personal jurisdiction over a |
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person on whom service of citation is required or over the person's |
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personal representative, although the person is not a resident or |
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domiciliary of this state, if: |
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(1) the person is personally served with citation in |
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this state; |
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(2) the person submits to the jurisdiction of this |
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state by consent, by entering a general appearance, or by filing a |
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responsive document having the effect of waiving any contest to |
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personal jurisdiction; |
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(3) the child resides in this state as a result of the |
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acts or directives of the person; |
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(4) the person resided with the child in this state; |
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(5) the person resided in this state and provided |
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prenatal expenses or support for the child; |
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(6) the person engaged in sexual intercourse in this |
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state and the child may have been conceived by that act of |
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intercourse; |
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(7) the person, [registered with the paternity
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registry maintained by the bureau of vital statistics] as provided |
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by Chapter 160: |
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(A) registered with the paternity registry |
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maintained by the bureau of vital statistics; or |
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(B) signed an acknowledgment of paternity of a |
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child born in this state; or |
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(8) there is any basis consistent with the |
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constitutions of this state and the United States for the exercise |
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of the personal jurisdiction. |
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SECTION 3. 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 4. Subsections (b) and (c), Section 154.062, Family |
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Code, are amended to read as follows: |
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(b) Resources include: |
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(1) 100 percent of all wage and salary income and other |
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compensation for personal services (including commissions, |
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overtime pay, tips, and bonuses); |
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(2) interest, dividends, and royalty income; |
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(3) self-employment income; |
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(4) net rental income (defined as rent after deducting |
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operating expenses and mortgage payments, but not including noncash |
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items such as depreciation); and |
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(5) all other income actually being received, |
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including severance pay, retirement benefits, pensions, trust |
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income, annuities, capital gains, social security benefits other |
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than supplemental security income, unemployment benefits, |
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disability and workers' compensation benefits, interest income |
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from notes regardless of the source, gifts and prizes, spousal |
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maintenance, and alimony. |
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(c) Resources do not include: |
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(1) return of principal or capital; |
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(2) accounts receivable; or |
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(3) benefits paid in accordance with federal public |
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assistance programs [aid for families with dependent children]. |
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SECTION 5. Subsection (a-1), Section 154.125, Family Code, |
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is amended to read as follows: |
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(a-1) The dollar amount prescribed by Subsection (a) is |
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adjusted every six years as necessary to reflect inflation. The |
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Title IV-D agency shall compute the adjusted amount, to take effect |
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beginning September 1 of the year of the adjustment, based on the |
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percentage change in the consumer price index during the 72-month |
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[preceding six-year] period preceding March 1 of the year of the |
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adjustment [in the consumer price index], as rounded to the nearest |
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$50 increment. The Title IV-D agency shall publish the adjusted |
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amount in the Texas Register before September 1 of the year in which |
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the adjustment takes effect. For purposes of this subsection, |
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"consumer price index" has the meaning assigned by Section 341.201, |
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Finance Code. |
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SECTION 6. Section 154.130, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) Without regard to Rules 296 through 299, Texas Rules of |
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Civil Procedure, in rendering an order of child support, the court |
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shall make the findings required by Subsection (b) if: |
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(1) a party files a written request with the court not |
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later than 10 days after the date of the hearing; |
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(2) a party makes an oral request in open court during |
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the hearing; or |
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(3) the amount of child support ordered by the court |
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varies from the amount computed by applying the percentage |
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guidelines under Section 154.125 or 154.129, as applicable. |
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(a-1) If findings under this section are required as a |
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result of the request by a party under Subsection (a)(1) or (2), the |
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court shall make and enter the findings not later than the 15th day |
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after the date of the party's request. |
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(b) If findings are required by this section, the court |
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shall state whether the application of the guidelines would be |
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unjust or inappropriate and shall state the following in the child |
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support order: |
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"(1) the [monthly] net resources of the obligor per |
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month are $______; |
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"(2) the [monthly] net resources of the obligee per |
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month are $______; |
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"(3) the percentage applied to the obligor's net |
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resources for child support [by the actual order rendered by the
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court] is ______%; and |
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"(4) [the amount of child support if the percentage
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guidelines are applied to the portion of the obligor's net
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resources that does not exceed the amount provided by Section
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154.125(a), Family Code, is $______;
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["(5)] if applicable, the specific reasons that the |
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amount of child support per month ordered by the court varies from |
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the amount computed by applying the percentage guidelines under |
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Section 154.125 or 154.129, as applicable [stated in Subdivision
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(4) are: ______; and
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["(6)
if applicable, the obligor is obligated to
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support children in more than one household, and:
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["(A)
the number of children before the court is
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______;
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["(B)
the number of children not before the court
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residing in the same household with the obligor is ______; and
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["(C)
the number of children not before the court
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for whom the obligor is obligated by a court order to pay support,
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without regard to whether the obligor is delinquent in child
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support payments, and who are not counted under Paragraph (A) or (B)
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is ______]." |
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SECTION 7. Subsections (b), (c), and (e), Section 154.181, |
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Family Code, are amended to read as follows: |
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(b) Before a hearing on temporary orders or a final order, |
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if no hearing on temporary orders is held, the court shall require |
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the parties to the proceedings to disclose in a pleading or other |
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statement: |
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(1) if private health insurance is in effect for the |
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child, the identity of the insurance company providing the |
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coverage, the policy number, which parent is responsible for |
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payment of any insurance premium for the coverage, whether the |
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coverage is provided through a parent's employment, and the cost of |
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the premium; or |
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(2) if private health insurance is not in effect for |
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the child, whether: |
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(A) the child is receiving medical assistance |
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under Chapter 32, Human Resources Code; |
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(B) the child is receiving health benefits |
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coverage under the state child health plan under Chapter 62, Health |
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and Safety Code, and the cost of any premium; and |
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(C) either parent has access to private health |
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insurance at reasonable cost to the obligor [that parent]. |
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(c) In rendering temporary orders, the court shall, except |
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for good cause shown, order that any health insurance coverage in |
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effect for the child continue in effect pending the rendition of a |
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final order, except that the court may not require the continuation |
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of any health insurance that is not available to the parent at |
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reasonable cost to the obligor. If there is no health insurance |
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coverage in effect for the child or if the insurance in effect is |
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not available at a reasonable cost to the obligor, the court shall, |
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except for good cause shown, order health care coverage for the |
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child as provided under Section 154.182. |
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(e) In this section, "reasonable cost" means the cost of |
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health insurance coverage for a child that does not exceed nine |
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percent of the obligor's [responsible parent's] annual resources, |
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as described by Section 154.062(b), if the obligor is responsible |
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under a medical support order for the cost of health insurance |
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coverage for only one child. If the obligor is responsible under a |
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medical support order for the cost of health insurance coverage for |
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more than one child, "reasonable cost" means the total cost of |
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health insurance coverage for all children for which the obligor is |
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responsible under a medical support order that does not exceed nine |
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percent of the obligor's annual resources, as described by Section |
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154.062(b). |
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SECTION 8. Subsections (a), (b), (b-1), (b-2), and (c), |
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Section 154.182, Family Code, are amended to read as follows: |
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(a) The court shall consider the cost, accessibility, and |
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quality of health insurance coverage available to the parties and |
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shall give priority to health insurance coverage available through |
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the employment of one of the parties if the coverage is available at |
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a reasonable cost to the obligor. |
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(b) In determining the manner in which health care coverage |
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for the child is to be ordered, the court shall render its order in |
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accordance with the following priorities, unless a party shows good |
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cause why a particular order would not be in the best interest of |
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the child: |
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(1) if health insurance is available for the child |
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through a parent's employment or membership in a union, trade |
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association, or other organization at reasonable cost [to the
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parent], the court shall order that parent to include the child in |
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the parent's health insurance; |
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(2) if health insurance is not available for the child |
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under Subdivision (1) but is available to a parent at reasonable |
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cost from another source, including the program under Section |
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154.1826 to provide health insurance in Title IV-D cases [and at a
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reasonable cost], the court may order that parent to provide health |
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insurance for the child; or |
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(3) if health insurance coverage is not available for |
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the child under Subdivision (1) or (2), the court shall order the |
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obligor to pay the obligee, in addition to any amount ordered under |
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the guidelines for child support, an amount, not to exceed nine |
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percent of the obligor's annual [monthly] resources, as described |
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by Section 154.062(b), as cash medical support for the child. |
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(b-1) If the parent ordered to provide health insurance |
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under Subsection (b)(1) or (2) is the obligee, the court shall order |
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the obligor to pay the obligee, as additional child support, an |
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amount equal to the actual cost of health insurance for the child, |
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but not to exceed a reasonable cost to the obligor. In calculating |
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the actual cost of health insurance for the child, if the obligee |
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has other minor dependents covered under the same health insurance |
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plan, the court shall divide the total cost to the obligee for the |
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insurance by the total number of minor dependents, including the |
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child covered under the plan. |
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(b-2) If the court finds that neither parent has access to |
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private health insurance at a reasonable cost to the obligor, the |
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court shall order the parent awarded the exclusive right to |
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designate the child's primary residence or, to the extent permitted |
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by law, the other parent to apply immediately on behalf of the child |
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for participation in a government medical assistance program or |
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health plan. If the child participates in a government medical |
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assistance program or health plan, the court shall order cash |
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medical support under Subsection (b)(3). |
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(c) In this section: |
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(1) "Accessibility" means the extent to which health |
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insurance coverage for a child provides for the availability of |
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medical care within a reasonable traveling distance and time from |
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the child's primary residence, as determined by the court. |
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(2) "Reasonable[, "reasonable] cost" has the meaning |
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assigned by Section 154.181(e). |
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SECTION 9. Subchapter D, Chapter 154, Family Code, is |
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amended by adding Sections 154.1826 and 154.1827 to read as |
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follows: |
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Sec. 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN |
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TITLE IV-D CASES. (a) In this section: |
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(1) "Health benefit plan issuer" means an insurer, |
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health maintenance organization, or other entity authorized to |
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provide health benefits coverage under the laws of this state. |
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(2) "Health care provider" means a physician or other |
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person who is licensed, certified, or otherwise authorized to |
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provide a health care service in this state. |
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(3) "Program" means the child health care program |
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developed under this section. |
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(4) "Reasonable cost" has the meaning assigned by |
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Section 154.181(e). |
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(5) "Third-party administrator" means a person who is |
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not a health benefit plan issuer or agent of a health benefit plan |
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issuer and who provides administrative services for the program, |
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including processing enrollment of eligible children in the program |
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and processing premium payments on behalf of the program. |
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(b) In consultation with the Texas Department of Insurance, |
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the Health and Human Services Commission, and representatives of |
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the insurance industry in this state, the Title IV-D agency shall |
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develop and implement a statewide program to address the health |
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care needs of children in Title IV-D cases for whom health insurance |
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is not available to either parent at reasonable cost under Section |
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154.182(b)(1) or under Section 154.182(b)(2) from a source other |
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than the program. |
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(c) The director of the Title IV-D agency may establish an |
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advisory committee to consult with the director regarding the |
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implementation and operation of the program. If the director |
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establishes an advisory committee, the director may appoint any of |
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the following persons to the advisory committee: |
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(1) representatives of appropriate public and private |
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entities, including state agencies concerned with health care |
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management; |
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(2) members of the judiciary; |
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(3) members of the legislature; and |
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(4) representatives of the insurance industry. |
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(d) The principal objective of the program is to provide |
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basic health care services, including office visits with health |
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care providers, hospitalization, and diagnostic and emergency |
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services, to eligible children in Title IV-D cases at reasonable |
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cost to the parents obligated by court order to provide medical |
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support for the children. |
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(e) The Title IV-D agency may use available private |
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resources, including gifts and grants, in administering the |
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program. |
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(f) The Title IV-D agency shall adopt rules as necessary to |
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implement the program. The Title IV-D agency shall consult with the |
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Texas Department of Insurance and the Health and Human Services |
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Commission in establishing policies and procedures for the |
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administration of the program and in determining appropriate |
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benefits to be provided under the program. |
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(g) A health benefit plan issuer that participates in the |
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program may not deny health care coverage under the program to |
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eligible children because of preexisting conditions or chronic |
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illnesses. A child who is determined to be eligible for coverage |
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under the program continues to be eligible until the termination of |
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the parent's duty to pay child support as specified by Section |
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154.006. Enrollment of a child in the program does not preclude the |
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subsequent enrollment of the child in another health care plan that |
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becomes available to the child's parent at reasonable cost, |
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including a health care plan available through the parent's |
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employment or the state child health plan under Chapter 62, Health |
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and Safety Code. |
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(h) The Title IV-D agency shall contract with an independent |
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third-party administrator to provide necessary administrative |
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services for operation of the program. |
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(i) A person acting as a third-party administrator under |
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Subsection (h) is not considered an administrator for purposes of |
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Chapter 4151, Insurance Code. |
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(j) The Title IV-D agency shall solicit applications for |
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participation in the program from health benefit plan issuers that |
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meet requirements specified by the agency. Each health benefit |
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plan issuer that participates in the program must hold a |
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certificate of authority issued by the Texas Department of |
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Insurance. |
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(k) The Title IV-D agency shall promptly notify the courts |
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of this state when the program has been implemented and is available |
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to provide for the health care needs of children described by |
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Subsection (b). The notification must specify a date beginning on |
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which children may be enrolled in the program. |
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(l) On or after the date specified in the notification |
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required by Subsection (k), a court that orders health care |
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coverage for a child in a Title IV-D case shall order that the child |
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be enrolled in the program authorized by this section unless other |
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health insurance is available for the child at reasonable cost, |
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including the state child health plan under Chapter 62, Health and |
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Safety Code. |
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(m) Payment of premium costs for the enrollment of a child |
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in the program may be enforced by the Title IV-D agency against the |
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obligor by any means available for the enforcement of a child |
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support obligation, including income withholding under Chapter |
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158. |
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(n) The program is not subject to any provision of the |
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Insurance Code or other law that requires coverage or the offer of |
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coverage of a health care service or benefit. |
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(o) Any health information obtained by the program, or by a |
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third-party administrator providing program services, that is |
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subject to the Health Insurance Portability and Accountability Act |
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of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181, Health and |
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Safety Code, is confidential and not open to public inspection. Any |
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personally identifiable financial information or supporting |
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documentation of a parent whose child is enrolled in the program |
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that is obtained by the program, or by a third-party administrator |
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providing program services, is confidential and not open to public |
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inspection. |
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Sec. 154.1827. ADMINISTRATIVE ADJUSTMENT OF MEDICAL |
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SUPPORT ORDER. (a) In each Title IV-D case in which a medical |
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support order requires that a child be enrolled in a health care |
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program under Section 154.1826, the Title IV-D agency may |
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administratively adjust the order as necessary on an annual basis |
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to reflect changes in the amount of premium costs associated with |
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the child's enrollment. |
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(b) The Title IV-D agency shall provide notice of the |
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administrative adjustment to the obligor and the clerk of the court |
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that rendered the order. |
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SECTION 10. Subsection (c), Section 154.183, Family Code, |
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is amended to read as follows: |
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(c) As additional child support, the court shall allocate |
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between the parties, according to their circumstances: |
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(1) [,] the reasonable and necessary health care |
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expenses, including vision and dental expenses, of the [of a] child |
|
that are not reimbursed by health insurance or are not otherwise |
|
covered by the amount of cash medical support ordered under Section |
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154.182(b)(3); and |
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(2) amounts paid by either party as deductibles or |
|
copayments in obtaining health care services for the child covered |
|
under a health insurance policy. |
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SECTION 11. Subsection (c), Section 154.187, Family Code, |
|
is amended to read as follows: |
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(c) An employer who has received an order or notice under |
|
this subchapter shall provide to the sender, by first class mail not |
|
later than the 30th day after the date the employer receives the |
|
order or notice, a statement that the child: |
|
(1) has been enrolled in the employer's [a] health |
|
insurance plan or is already enrolled in another health insurance |
|
plan in accordance with a previous child support or medical support |
|
order to which the employee is subject; or |
|
(2) cannot be enrolled or cannot be enrolled |
|
permanently in the employer's [a] health insurance plan and provide |
|
the reason why coverage or permanent coverage cannot be provided. |
|
SECTION 12. Subsection (b), Section 154.191, Family Code, |
|
is amended to read as follows: |
|
(b) This subchapter does not limit the authority of the |
|
court to render or modify a medical support order to provide |
|
[containing a provision] for payment of uninsured health expenses, |
|
health care costs, or health insurance premiums in a manner |
|
consistent [that are in addition to and inconsistent] with this |
|
subchapter. |
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SECTION 13. Subsection (b), Section 157.005, Family Code, |
|
is amended to read as follows: |
|
(b) The court retains jurisdiction to confirm the total |
|
amount of child support arrearages and render a cumulative money |
|
judgment for past-due child support, as provided by Section |
|
157.263, if a motion for enforcement requesting a cumulative money |
|
judgment is filed not later than the 10th anniversary after the |
|
date: |
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(1) the child becomes an adult; or |
|
(2) on which the child support obligation terminates |
|
under the child support order or by operation of law. |
|
SECTION 14. Subchapter A, Chapter 157, Family Code, is |
|
amended by adding Section 157.009 to read as follows: |
|
Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. |
|
In addition to any other credit or offset available to an obligor |
|
under this title, if a child for whom the obligor owes child support |
|
receives a lump-sum payment as a result of the obligor's disability |
|
and that payment is made to the obligee as the representative payee |
|
of the child, the obligor is entitled to a credit. The credit under |
|
this section is equal to the amount of the lump-sum payment and |
|
shall be applied to any child support arrearage and interest owed by |
|
the obligor on behalf of that child at the time the payment is made. |
|
SECTION 15. Section 157.162, Family Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) Notwithstanding Subsection (d), the court may award the |
|
petitioner costs of court and reasonable attorney's fees in a |
|
proceeding described by that subsection if the court finds that: |
|
(1) on the date the motion for enforcement was filed, |
|
the respondent was not current in the payment of child support as |
|
ordered by the court; and |
|
(2) the respondent made the child support payments |
|
described by Subsection (d) after the date the respondent was |
|
served notice of the motion or otherwise discovered that the motion |
|
for enforcement had been filed. |
|
SECTION 16. Subsection (f), Section 157.262, Family Code, |
|
is amended to read as follows: |
|
(f) The money judgment for arrearages rendered by the court |
|
may be subject to a counterclaim or offset as provided by this title |
|
[subchapter]. |
|
SECTION 17. Section 157.264, Family Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) An order rendered under Subsection (b) does not preclude |
|
or limit the use of any other means for enforcement of the judgment. |
|
SECTION 18. Section 157.268, Family Code, is amended to |
|
read as follows: |
|
Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child |
|
support collected shall be applied in the following order of |
|
priority: |
|
(1) current child support; |
|
(2) non-delinquent child support owed; |
|
(3) [interest on the principal amounts specified in
|
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Subdivisions (4) and (5);
|
|
[(4)] the principal amount of child support that has |
|
not been confirmed and reduced to money judgment; |
|
(4) [(5)] the principal amount of child support that |
|
has been confirmed and reduced to money judgment; |
|
(5) interest on the principal amounts specified in |
|
Subdivisions (3) and (4); and |
|
(6) the amount of any ordered attorney's fees or costs, |
|
or Title IV-D service fees authorized under Section 231.103 for |
|
which the obligor is responsible. |
|
SECTION 19. Section 158.203, Family Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) An employer with 250 or more employees shall remit a |
|
payment required under this section [For payments made] by |
|
electronic funds transfer or electronic data interchange[, the
|
|
employer shall transmit the amount withheld] not later than the |
|
second business day after the pay date. |
|
(b-1) An employer with fewer than 250 employees may remit a |
|
payment required under this section by electronic funds transfer or |
|
electronic data interchange. A payment remitted by the employer |
|
electronically must be remitted not later than the date specified |
|
by Subsection (b). |
|
SECTION 20. Subsections (a), (b), and (c), Section 158.215, |
|
Family Code, are amended to read as follows: |
|
(a) In this section, "lump-sum payment" means income in the |
|
form of a bonus or [commission or] an amount paid in lieu of |
|
vacation or other leave time. The term does not include an |
|
employee's usual earnings or an amount paid as severance pay on |
|
termination of employment. |
|
(b) This section applies only to an employer who receives an |
|
administrative writ of withholding in a Title IV-D case [that
|
|
requires that an obligor's income be withheld for child support
|
|
arrearages]. |
|
(c) An employer to whom this section applies may not make a |
|
lump-sum payment to the obligor in the amount of $500 or more |
|
without first notifying the Title IV-D agency [that issued the
|
|
writ] to determine whether all or a portion of the payment should be |
|
applied to [the] child support arrearages owed by the obligor. |
|
SECTION 21. Subsection (a), Section 159.611, Family Code, |
|
is amended to read as follows: |
|
(a) Except as provided by Section 159.615, on petition a |
|
tribunal of this state may modify a child support order issued in |
|
another state and registered in this state only if Section 159.613 |
|
does not apply and after notice and hearing the tribunal finds that: |
|
(1) the following requirements are met: |
|
(A) the child, the obligee who is an individual, |
|
and the obligor do not reside in the issuing state; |
|
(B) a petitioner who is a nonresident of this |
|
state seeks modification; and |
|
(C) the respondent is subject to the personal |
|
jurisdiction of the tribunal of this state; or |
|
(2) this state is the state of residence of the child |
|
[and the child], or a party who is an individual[,] is subject to |
|
the personal jurisdiction of the tribunal of this state, and all of |
|
the parties who are individuals have filed consents in a record in |
|
the issuing tribunal [consents] for a tribunal of this state to |
|
modify the support order and assume continuing, exclusive |
|
jurisdiction. |
|
SECTION 22. Subsection (a), Section 160.103, Family Code, |
|
is amended to read as follows: |
|
(a) Except as provided by Chapter 233, this [This] chapter |
|
governs every determination of parentage in this state. |
|
SECTION 23. Subsection (b), Section 160.601, Family Code, |
|
is amended to read as follows: |
|
(b) The proceeding is governed by the Texas Rules of Civil |
|
Procedure, except as provided by Chapter 233. |
|
SECTION 24. Subsection (e), Section 201.009, Family Code, |
|
is amended to read as follows: |
|
(e) On a request for a de novo hearing, the referring court |
|
may consider testimony or other evidence in the record[, if the
|
|
record is taken by a court reporter,] in addition to witnesses or |
|
other matters presented under Section 201.015. |
|
SECTION 25. Subsection (c), Section 201.015, Family Code, |
|
is amended to read as follows: |
|
(c) In the de novo hearing before the referring court, the |
|
parties may present witnesses on the issues specified in the |
|
request for hearing. The referring court may also consider the |
|
record from the hearing before the associate judge, including the |
|
charge to and verdict returned by a jury[, if the record was taken
|
|
by a court reporter]. |
|
SECTION 26. Subsection (a), Section 203.005, Family Code, |
|
is amended to read as follows: |
|
(a) The administering entity may authorize a domestic |
|
relations office to assess and collect: |
|
(1) an initial operations fee not to exceed $15 to be |
|
paid to the domestic relations office on each [the] filing of an |
|
original [a] suit, motion for modification, or motion for |
|
enforcement; |
|
(2) in a county that has a child support enforcement |
|
cooperative agreement with the Title IV-D agency, an initial child |
|
support service fee not to exceed $36 to be paid to the domestic |
|
relations office on the filing of an original [a] suit; |
|
(3) a reasonable application fee to be paid by an |
|
applicant requesting services from the office; |
|
(4) a reasonable attorney's fee and court costs |
|
incurred or ordered by the court; |
|
(5) a monthly service fee not to exceed $3 to be paid |
|
annually in advance by a managing conservator and possessory |
|
conservator for whom the domestic relations office provides child |
|
support services; |
|
(6) community supervision fees as provided by Chapter |
|
157 if community supervision officers are employed by the domestic |
|
relations office; |
|
(7) a reasonable fee for preparation of a |
|
court-ordered social study; |
|
(8) in a county that provides visitation services |
|
under Sections 153.014 and 203.004 a reasonable fee to be paid to |
|
the domestic relations office at the time the visitation services |
|
are provided; |
|
(9) a fee to reimburse the domestic relations office |
|
for a fee required to be paid under Section 158.503(d) for filing an |
|
administrative writ of withholding; |
|
(10) a reasonable fee for parenting coordinator |
|
services; and |
|
(11) a reasonable fee for alternative dispute |
|
resolution services. |
|
SECTION 27. Section 231.015, Family Code, is amended to |
|
read as follows: |
|
Sec. 231.015. INSURANCE REPORTING [PILOT] PROGRAM. (a) In |
|
consultation with the Texas Department of Insurance and |
|
representatives of the insurance industry in this state, including |
|
insurance trade associations, the Title IV-D agency by rule shall |
|
operate [establish] a [pilot] program to improve the enforcement of |
|
child support, including the use of child support liens under |
|
Chapter 157. The [pilot] program shall provide for procedures, |
|
including data matches, [develop processes] under which insurance |
|
companies shall [may voluntarily] cooperate with the Title IV-D |
|
agency in identifying obligors who owe child support arrearages or |
|
who are subject to liens for child support arrearages to intercept |
|
certain liability insurance settlements or awards for claims in |
|
satisfaction of the arrearage amounts. |
|
(b) An insurance company that provides information or |
|
[otherwise] responds to a notice of child support lien or levy under |
|
Subchapter G, Chapter 157, or acts in good faith to comply with |
|
procedures established by the Title IV-D agency [in the pilot
|
|
program] under this section is not liable for those acts under any |
|
law to any person. |
|
SECTION 28. Section 231.202, Family Code, is amended to |
|
read as follows: |
|
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D |
|
CASES. In a Title IV-D case filed under this title, including a |
|
case filed under Chapter 159, the Title IV-D agency shall pay only |
|
the following costs and fees: |
|
(1) filing fees and fees for issuance and service of |
|
process as provided by Chapter 110 of this code and by Sections |
|
51.317(b)(1), (2), and (3) and (b-1) [51.317], 51.318(b)(2), and |
|
51.319(2), Government Code; |
|
(2) fees for transfer as provided by Chapter 110; |
|
(3) fees for the issuance and delivery of orders and |
|
writs of income withholding in the amounts provided by Chapter 110; |
|
(4) the fee for services provided by [that] sheriffs |
|
and constables, including: |
|
(A) a fee [are] authorized [to charge for serving
|
|
process] under Section 118.131, Local Government Code, for serving |
|
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]; and |
|
(B) a fee authorized under Section 157.103(b) for |
|
serving a capias; |
|
(5) the fee for filing an administrative writ of |
|
withholding under Section 158.503(d); [and] |
|
(6) the fee for issuance of a subpoena as provided by |
|
Section 51.318(b)(1), Government Code; and |
|
(7) a fee authorized under a local rule for the |
|
electronic filing of documents with a clerk. |
|
SECTION 29. Subsection (a), Section 232.005, Family Code, |
|
is amended to read as follows: |
|
(a) A petition under this chapter must state that license |
|
suspension is required under Section 232.003 and allege: |
|
(1) the name and, if known, social security number of |
|
the individual; |
|
(2) [with regard to each license, the type, and if
|
|
known, number of any license the individual is believed to hold and] |
|
the name of the licensing authority that issued a [the] license the |
|
individual is believed to hold; and |
|
(3) the amount of arrearages owed under the child |
|
support order or the facts associated with the individual's failure |
|
to comply with: |
|
(A) a subpoena; or |
|
(B) the terms of a court order providing for the |
|
possession of or access to a child. |
|
SECTION 30. Section 234.010, Family Code, is amended to |
|
read as follows: |
|
Sec. 234.010. DIRECT DEPOSIT AND ELECTRONIC BENEFITS |
|
TRANSFER OF CHILD SUPPORT PAYMENTS. (a) The state disbursement |
|
unit authorized under this chapter may make a direct deposit of |
|
[transmit] a child support payment to an obligee by electronic |
|
funds transfer into [if the obligee maintains] an account with a |
|
financial institution maintained by the obligee. It is the |
|
responsibility of the obligee to notify the state disbursement unit |
|
of: |
|
(1) the existence of an account; |
|
(2) the appropriate routing information for direct |
|
deposit by electronic funds transfer into an account; and |
|
(3) any modification to account information |
|
previously provided to the state disbursement unit, including |
|
information that an account has been closed. |
|
(b) Except as provided by Subsection (d), the state |
|
disbursement unit shall deposit a child support payment by |
|
electronic funds transfer into a debit card account established for |
|
the obligee by the Title IV-D agency if the obligee: |
|
(1) does not maintain an account with a financial |
|
institution; |
|
(2) fails to notify the state disbursement unit of the |
|
existence of an account maintained with a financial institution; or |
|
(3) closes an account maintained with a financial |
|
institution previously used to accept direct deposit of a child |
|
support payment without establishing a new account and notifying |
|
the state disbursement unit of the new account in accordance with |
|
Subsection (a) [The work group convened under this subchapter may
|
|
develop a plan to assist an obligee who does not have an account
|
|
with a financial institution to obtain an account]. |
|
(c) The Title IV-D agency shall: |
|
(1) issue a debit card to each obligee for whom a debit |
|
card account is established under Subsection (b); and |
|
(2) provide the obligee with instructions for |
|
activating and using the debit card [work group may determine
|
|
whether it is feasible and cost-effective for the state to
|
|
administer an electronic benefits transfer system for child support
|
|
obligees and may recommend implementation of such a system to the
|
|
Title IV-D agency]. |
|
(c-1) Chapter 604, Business & Commerce Code, does not apply |
|
to a debit card issued under Subsection (c). |
|
(d) An obligee may decline in writing to receive child |
|
support payments by electronic funds transfer into an account with |
|
a financial institution or a debit card account and request that |
|
payments be provided by paper warrants if the obligee alleges that |
|
receiving payments by electronic funds transfer would impose a |
|
substantial hardship [After receiving any recommendations by the
|
|
work group under Subsection (c), the Title IV-D agency or the vendor
|
|
selected by the Title IV-D agency to operate the state disbursement
|
|
unit may provide for electronic benefits transfer, if the request
|
|
for proposals issued by the Title IV-D agency and any contract
|
|
resulting from the selection of a vendor to provide the services
|
|
specified in the request for proposals provides for electronic
|
|
benefits transfer]. |
|
(e) A child support payment disbursed by the state |
|
disbursement unit by electronic funds transfer into an account with |
|
a financial institution maintained by the obligee or into a debit |
|
card account established for the obligee under Subsection (b) is |
|
solely the property of the obligee [The work group may recommend and
|
|
the Title IV-D agency may establish procedures to implement this
|
|
section.
|
|
[(f)
The Title IV-D agency, after receiving the
|
|
recommendation of the work group, may require an obligee to receive
|
|
payments by direct deposit to the obligee's bank account or by
|
|
electronic benefits transfer to an account established by the Title
|
|
IV-D agency or the state disbursement unit if the account is
|
|
established at no cost to the obligee]. |
|
SECTION 31. Section 34.001, Civil Practice and Remedies |
|
Code, is amended by adding Subsection (c) to read as follows: |
|
(c) This section does not apply to a judgment for child |
|
support under the Family Code. |
|
SECTION 32. Subsection (e), Section 501.014, Government |
|
Code, is amended to read as follows: |
|
(e) On notification by a court, the department shall |
|
withdraw from an inmate's account any amount the inmate is ordered |
|
to pay by order of the court under this subsection. On receipt of a |
|
valid court order requiring an inmate to pay child support, the |
|
department shall withdraw the appropriate amount from the inmate's |
|
account under this subsection, regardless of whether the court |
|
order is provided by the court or another person. The department |
|
shall make a payment under this subsection as ordered by the court |
|
to either the court or the party specified in the court order. The |
|
department is not liable for withdrawing or failing to withdraw |
|
money or making payments or failing to make payments under this |
|
subsection. The department shall make withdrawals and payments |
|
from an inmate's account under this subsection according to the |
|
following schedule of priorities: |
|
(1) as payment in full for all orders for child |
|
support; |
|
(2) as payment in full for all orders for restitution; |
|
(3) as payment in full for all orders for |
|
reimbursement of the Health and [Texas Department of] Human |
|
Services Commission for financial assistance provided for the |
|
child's health needs under Chapter 31, Human Resources Code, to a |
|
child of the inmate; |
|
(4) as payment in full for all orders for court fees |
|
and costs; |
|
(5) as payment in full for all orders for fines; and |
|
(6) as payment in full for any other court order, |
|
judgment, or writ. |
|
SECTION 33. Section 12.0011, Property Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) This section does not apply to a child support lien |
|
notice issued by the Title IV-D agency under Chapter 157, Family |
|
Code. For purposes of this subsection, "Title IV-D agency" has the |
|
meaning assigned by Section 101.033, Family Code. |
|
SECTION 34. Section 72.101, Property Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) This section does not apply to money collected as child |
|
support that: |
|
(1) is being held for disbursement by the state |
|
disbursement unit under Chapter 234, Family Code, or a local |
|
registry, as defined by Section 101.018, Family Code, pending |
|
identification and location of the person to whom the money is owed; |
|
or |
|
(2) has been disbursed by the state disbursement unit |
|
under Chapter 234, Family Code, by electronic funds transfer into a |
|
child support debit card account established for an individual |
|
under Section 234.010, Family Code, but not activated by the |
|
individual. |
|
SECTION 35. Subdivision (1), Subsection (a), Section |
|
73.001, Property Code, is amended to read as follows: |
|
(1) "Account" means funds deposited with a depository |
|
in an interest-bearing account, a checking or savings account, or a |
|
child support debit card account established under Section 234.010, |
|
Family Code, or funds received by a depository in exchange for the |
|
purchase of a stored value card. |
|
SECTION 36. Subsection (c), Section 601.454, |
|
Transportation Code, is amended to read as follows: |
|
(c) Information obtained under this subchapter is |
|
confidential. The agent: |
|
(1) may use the information only for a purpose |
|
authorized under this subchapter; |
|
(2) [and] may not use the information for a commercial |
|
purpose; and |
|
(3) on request, and subject to appropriate safeguards |
|
to protect the privacy of motor vehicle owners developed by the |
|
implementing agencies and the attorney general, may provide the |
|
information to the attorney general for the purpose of enforcing |
|
child support obligations. |
|
SECTION 37. Subsection (c), Section 154.130, Subsection |
|
(d), Section 154.182, and Section 234.011, Family Code, are |
|
repealed. |
|
SECTION 38. Section 102.009, Family Code, as amended by |
|
this Act, applies to a proceeding under Chapter 233, Family Code, |
|
that is pending before the Title IV-D agency or initiated by the |
|
Title IV-D agency on or after the effective date of that provision. |
|
SECTION 39. Section 102.011, Family Code, as amended by |
|
this Act, applies only to an acknowledgment of paternity signed on |
|
or after the effective date of that provision. |
|
SECTION 40. Sections 154.062 and 154.130, Family Code, as |
|
amended by this Act, apply only to a suit affecting the parent-child |
|
relationship that is commenced on or after the effective date of |
|
those provisions. A suit affecting the parent-child relationship |
|
commenced before the effective date of those provisions is governed |
|
by the law in effect on the date the suit was commenced, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 41. Sections 154.181, 154.182, 154.183, and |
|
154.191, Family Code, as amended by this Act, apply to a suit |
|
affecting the parent-child relationship pending in a trial court on |
|
or filed on or after the effective date of those provisions. |
|
SECTION 42. Section 154.187, Family Code, as amended by |
|
this Act, applies to an order or notice received by an employer on |
|
or after the effective date of that provision. An order or notice |
|
received by an employer before the effective date of that provision |
|
is governed by the law in effect on the date the order or notice was |
|
received, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 43. Section 157.009, Family Code, as added by this |
|
Act, applies only to a money judgment for child support arrearages |
|
that is rendered on or after the effective date of that provision. |
|
A money judgment for child support arrearages rendered before the |
|
effective date of that provision is governed by the law in effect on |
|
the date that the judgment was rendered, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 44. The change in law made by Subsection (e), |
|
Section 157.162, Family Code, as added by this Act, applies only to |
|
a motion for enforcement that is filed on or after the effective |
|
date of this Act. A motion for enforcement filed before the |
|
effective date of this Act is governed by the law in effect |
|
immediately before that date, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 45. Section 157.268, Family Code, as amended by |
|
this Act, applies only to child support collected on or after |
|
January 1, 2010. |
|
SECTION 46. Section 158.203, Family Code, as amended by |
|
this Act, applies to child support payments withheld by an employer |
|
on or after September 1, 2009. |
|
SECTION 47. Sections 201.009 and 201.015, Family Code, as |
|
amended by this Act, apply only to a hearing before an associate |
|
judge that is commenced on or after the effective date of those |
|
provisions. A hearing before an associate judge that commenced |
|
before the effective date of those provisions is governed by the law |
|
in effect on the date the hearing commenced, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 48. The changes in law made by this Act to Section |
|
231.202, Family Code, by the amendment of Subdivision (4) and the |
|
enactment of Subdivision (7) of that section apply to a suit |
|
affecting the parent-child relationship pending in a trial court on |
|
or filed on or after September 1, 2009. |
|
SECTION 49. Section 232.005, Family Code, as amended by |
|
this Act, applies only to a petition filed on or after the effective |
|
date of that provision. A petition filed before the effective date |
|
of that provision is governed by the law in effect on the date the |
|
petition was filed, and the former law is continued in effect for |
|
that purpose. |
|
SECTION 50. Section 34.001, Civil Practice and Remedies |
|
Code, as amended by this Act, applies to each judgment for child |
|
support under the Family Code, regardless of the date on which the |
|
judgment was rendered. |
|
SECTION 51. (a) Except as provided by Subsections (b) and |
|
(c) of this section: |
|
(1) this Act takes effect immediately if it receives a |
|
vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2009. |
|
(b) The change in law made by this Act to Section 157.268, |
|
Family Code, takes effect January 1, 2010. |
|
(c) The changes in law made by this Act to Subsection (b), |
|
Section 154.182, and Sections 158.203 and 231.202, Family Code, |
|
take effect September 1, 2009. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 865 passed the Senate on |
|
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
|
the Senate concurred in House amendments on May 28, 2009, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 865 passed the House, with |
|
amendments, on May 21, 2009, by the following vote: Yeas 138, |
|
Nays 0, four present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |