H.B. No. 3538

AN ACT

relating to the adoption of the Uniform Interstate Family Support Act of 2008.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 159.102, Family Code, is amended to read as follows:

Sec. 159.102. DEFINITIONS. In this chapter:

(1) "Child" means an individual, whether over or under the age of majority, who:

(A) is or is alleged to be owed a duty of support by the individual's parent; or

(B) is or is alleged to be the beneficiary of a support order directed to the parent.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

(4) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(A) which has been declared under the law of the United States to be a foreign reciprocating country;

(B) which has established a reciprocal arrangement for child support with this state as provided in Section 159.308;

(C) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or

(D) in which the Convention is in force with respect to the United States.

(6) "Foreign support order" means a support order of a foreign tribunal.

(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.

(8) [(4)] "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or a comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them [with a parent or a person acting as parent from the time of birth]. A period of temporary absence of any of them is counted as part of the six-month or other period.

(9) [(5)] "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(10) [(6)] "Income-withholding order" means an order or other legal process directed to an obligor's employer, as provided in Chapter 158, to withhold support from the income of the obligor.

(11) [(7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter.

[(8)] "Initiating tribunal" means the [authorized] tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or a petition or comparable pleading is filed for forwarding to another state or foreign country [in an initiating state].

(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(13) [(9)] "Issuing state" means the state in which a tribunal issues a support order or [renders] a judgment determining parentage of a child.

(14) [(10)] "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or [renders] a judgment determining parentage of a child.

(15) [(11)] "Law" includes decisional and statutory law and rules and regulations having the force of law.

(16) [(12)] "Obligee" means:

(A) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order [has been issued] or a judgment determining parentage of a child has been issued [rendered];

(B) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support; [or]

(C) an individual seeking a judgment determining parentage of the individual's child; or

(D) a person that is a creditor in a proceeding under Subchapter H.

(17) [(13)] "Obligor" means an individual, or the estate of a decedent, that:

(A) [who] owes or is alleged to owe a duty of support;

(B) [who] is alleged but has not been adjudicated to be a parent of a child; [or]

(C) [who] is liable under a support order; or

(D) is a debtor in a proceeding under Subchapter H.

(18) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(19) [(14)] "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or [,] governmental subdivision, agency, or instrumentality, [public corporation,] or any other legal or commercial entity.

(20) [(15)] "Record" means information that is:

(A) inscribed on a tangible medium or that is stored in an electronic or other medium; and

(B) retrievable in a perceivable form.

(21) [(16)] "Register" means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a [in the registry of] foreign country [support orders].

(22) [(17)] "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.

(23) [(18)] "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child [proceeding] is filed or to which a petition or comparable pleading [proceeding] is forwarded for filing from another [an initiating] state or a foreign country [under this chapter or a law or procedure substantially similar to this chapter].

(24) [(19)] "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

(25) [(20)] "Spousal support order" means a support order for a spouse or former spouse of the obligor.

(26) [(21)] "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes[:

[(A)] an Indian nation or tribe[; and

[(B) a foreign country or political subdivision that has:

[(i) been declared to be a foreign reciprocating country or political subdivision under federal law;

[(ii) established a reciprocal arrangement for child support with this state as provided by Section 159.308; or

[(iii) enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter].

(27) [(22)] "Support enforcement agency" means a public official, governmental entity, or private agency authorized to [seek]:

(A) seek enforcement of support orders or laws relating to the duty of support;

(B) seek establishment or modification of child support;

(C) request determination of parentage of a child;

(D) attempt to locate [the location of] obligors or their assets; or

(E) request determination of the controlling child support order.

"Support enforcement agency" does not include a domestic relations office unless that office has entered into a cooperative agreement with the Title IV-D agency to perform duties under this chapter.

(28) [(23)] "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country [by a tribunal] for the benefit of a child, a spouse, or a former spouse that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term [and] may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.

(29) [(24)] "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

SECTION 2. Section 159.103, Family Code, is amended to read as follows:

Sec. 159.103. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY [OF STATE]. (a) The court is the tribunal of this state.

(b) The office of the attorney general is the support enforcement agency of this state.

SECTION 3. Sections 159.104(a) and (b), Family Code, are amended to read as follows:

(a) Remedies provided by [in] this chapter are cumulative and do not affect the availability of remedies under other law or [, including] the recognition of a foreign support order [of a foreign country or political subdivision] on the basis of comity.

(b) This chapter does not:

(1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(2) grant a tribunal of this state jurisdiction to render [a] judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.

SECTION 4. Subchapter B, Chapter 159, Family Code, is amended by adding Section 159.105 to read as follows:

Sec. 159.105. APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING. (a) A tribunal of this state shall apply Subchapters B through G and, as applicable, Subchapter H to a support proceeding involving:

(1) a foreign support order;

(2) a foreign tribunal; or

(3) an obligee, obligor, or child residing in a foreign country.

(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Subchapters B through G.

(c) Subchapter H applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Subchapter H is inconsistent with Subchapters B through G, Subchapter H controls.

SECTION 5. Section 159.201, Family Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with citation in this state;

(2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage of a child in the paternity registry maintained in this state by the vital statistics unit; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b) The [A tribunal of this state may not use the] bases of personal jurisdiction listed in Subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of Section 159.611 are met, or, in the case of a foreign support order, unless the requirements of Section 159.615 are met [or 159.615 are satisfied].

SECTION 6. Section 159.202, Family Code, is amended to read as follows:

Sec. 159.202. DURATION OF PERSONAL JURISDICTION. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as the tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by [under] Sections 159.205, 159.206, and 159.211.

SECTION 7. Section 159.203, Family Code, is amended to read as follows:

Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF STATE. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

SECTION 8. Section 159.204, Family Code, is amended to read as follows:

Sec. 159.204. SIMULTANEOUS PROCEEDINGS. (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state or foreign country is the home state of the child.

SECTION 9. Sections 159.205(a), (b), (c), and (d), Family Code, are amended to read as follows:

(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(1) at the time of the filing of a request for modification [is filed,] this state is the [state of] residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) all of the parties [each party] who are individuals file [is an individual files a] consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) the tribunal's order is not the controlling order.

(c) If a [A] tribunal of another [this] state [shall recognize the continuing, exclusive jurisdiction of a tribunal of another state if the tribunal of the other state] has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state [under a law substantially similar to this chapter].

(d) A tribunal of this state that lacks [does not have] continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

SECTION 10. Section 159.206(a), Family Code, is amended to read as follows:

(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(1) the order, if the order:

(A) is the controlling order; and

(B) has not been modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act; or

(2) a money judgment for arrears of support [arrearages] and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

SECTION 11. Section 159.207, Family Code, is amended to read as follows:

Sec. 159.207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER. (a) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be [so] recognized.

(b) If a proceeding is brought under this chapter and two or more child support orders have been issued by tribunals of this state, [or] another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall [to] determine [by order] which order controls and must be recognized:

(1) if only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls [and must be so recognized];

(2) if more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:

(A) an order issued by a tribunal in the current home state of the child controls [if an order is issued in the current home state of the child]; or

(B) [the order most recently issued controls] if an order has not been issued in the current home state of the child, the order most recently issued controls; and

(3) if none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order that controls.

(c) If two or more child support orders have been issued for the same obligor and same child, on request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under Subsection (b). The request may be filed[:

[(1)] with a registration for enforcement or registration for modification under Subchapter G[;] or may be filed

[(2)] as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied by a copy of every [each] child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(e) The tribunal that issued the controlling order under Subsection (a), (b), or (c) has continuing jurisdiction to the extent provided by [under] Section 159.205 or 159.206.

(f) A tribunal of this state that determines by order which [order] is the controlling order under Subsection (b)(1) or (2) or Subsection (c), or that issues a new controlling order under Subsection (b)(3), shall state in that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective [child] support, if any; and

(3) the total amount of consolidated arrears [arrearages] and accrued interest, if any, under all of the orders after all payments made are credited as provided by [under] Section 159.209.

(g) Within 30 days after issuance of an order determining which order is the controlling order, the party obtaining the order shall file a certified copy of the controlling order in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining [that obtains] the order that [and] fails to file a certified copy [of the order] is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support [arrearages] and interest, if any, made [issued] under this section, must be recognized in proceedings [a proceeding] under this chapter.

SECTION 12. Section 159.208, Family Code, is amended to read as follows:

Sec. 159.208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

SECTION 13. Section 159.209, Family Code, is amended to read as follows:

Sec. 159.209. CREDIT FOR PAYMENTS. A tribunal of this state shall credit amounts collected for a particular period under any child [a] support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, [or] another state, or a foreign country.

SECTION 14. Section 159.210, Family Code, is amended to read as follows:

Sec. 159.210. APPLICATION OF CHAPTER [APPLICABILITY] TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION. A [(a) Except as provided by Subsection (b), Subchapters D-H do not apply to a] tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other law of this state relating to a support order or recognizing a foreign support order [of a foreign country or political subdivision on the basis of comity. The tribunal shall apply the procedural and substantive law of this state in a proceeding described by this subsection.

[(b) Notwithstanding Subsection (a), a tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other law of this state relating to a support order or recognizing a support order of a foreign country or political subdivision on the basis of comity] may[:

[(1)] receive evidence from outside this [another] state as provided by Section 159.316,[;

[(2)] communicate with a tribunal outside this [of another] state as provided by Section 159.317,[;] and

[(3)] obtain discovery through a tribunal outside this [of another] state as provided by Section 159.318. In all other respects, Subchapters D, E, F, and G do not apply and the tribunal shall apply the procedural and substantive law of this state.

SECTION 15. Section 159.211(b), Family Code, is amended to read as follows:

(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

SECTION 16. Section 159.301(c), Family Code, is amended to read as follows:

(c) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or foreign country that has or [that] can obtain personal jurisdiction over the respondent.

SECTION 17. Section 159.304(b), Family Code, is amended to read as follows:

(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal [state] is in a foreign country [or political subdivision], on request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal [state].

SECTION 18. Sections 159.305(b) and (f), Family Code, are amended to read as follows:

(b) A [Except as prohibited by other law, a] responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(1) establish [issue] or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;

(2) order an obligor to comply with a support order, specifying [and specify] the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) issue a bench warrant or capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant or capias in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(f) If requested to enforce a support order, arrears [arrearages], or [a] judgment or [to] modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

SECTION 19. Sections 159.307(b), (c), (d), and (e), Family Code, are amended to read as follows:

(b) A support enforcement agency of this state that is providing [provides] services to the petitioner shall:

(1) take all steps necessary to enable an appropriate tribunal of [in] this state, [or] another state, or a foreign country to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time, and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) within two days [not later than the second day], exclusive of [excluding] Saturdays, Sundays, and legal holidays, after [the date of] receipt of [a written] notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) within two days [not later than the second day], exclusive of [excluding] Saturdays, Sundays, and legal holidays, after [the date of] receipt of [a written] communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts [to ensure that]:

(1) to ensure that the order to be registered is the controlling order; or

(2) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination [of which order is the controlling order] is made in a tribunal having jurisdiction to do so [to make the determination, if two or more child support orders have been issued and a determination of the controlling order has not been made].

(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears [arrearages], or a judgment stated in a foreign currency shall convert the amount stated in the foreign currency into [to] the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this state shall issue, or request a tribunal of this state to issue, a child support order and an income-withholding order that redirects payment of current support, arrears [arrearages], and interest if requested to do so by a support enforcement agency of another state under Section 159.319.

SECTION 20. The heading of Section 159.308, Family Code, is amended to read as follows:

Sec. 159.308. DUTY OF ATTORNEY GENERAL AND GOVERNOR [CERTAIN STATE OFFICIALS].

SECTION 21. Section 159.308(b), Family Code, is amended to read as follows:

(b) The governor may determine that a foreign country [or political subdivision] has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

SECTION 22. Section 159.310(b), Family Code, is amended to read as follows:

(b) The state information agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit [send] a copy to the state information agency of every other state;

(2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(3) forward to the appropriate tribunal in the county in this state in which [where] the obligee who is an individual or the obligor resides, or in which [where] the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country [an initiating tribunal or the state information agency of the initiating state]; and

(4) obtain information concerning the location of the obligor and the obligor's property in this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

SECTION 23. Section 159.311(a), Family Code, is amended to read as follows:

(a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or foreign country must file a petition. Unless otherwise ordered under Section 159.312, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

SECTION 24. Section 159.312, Family Code, is amended to read as follows:

Sec. 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES. If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information [regarding the party or the child], that [the identifying] information must [shall] be sealed and may not be disclosed to the other party or [to] the public. After a hearing in which a tribunal takes into consideration [considers] the health, safety, or liberty of the party or [the] child, the tribunal may order disclosure of information that [if] the tribunal determines to be in the interest [that the disclosure serves the interests] of justice.

SECTION 25. Sections 159.313(b) and (c), Family Code, are amended to read as follows:

(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating [state] or [the] responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Subchapter G [pursuant to Sections 159.601 through 159.608], a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

SECTION 26. Section 159.314(c), Family Code, is amended to read as follows:

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.

SECTION 27. Sections 159.316(a), (b), (d), (e), and (f), Family Code, are amended to read as follows:

(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in an affidavit or document, that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this [in another] state.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child [that are] furnished to the adverse party at least [not less than] 10 days before [the date of] trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this [another] state to a tribunal of this state by telephone, telecopier, or other electronic [another] means that does not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this [in another] state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location [in that state]. A tribunal of this state shall cooperate with other tribunals [a tribunal of another state] in designating an appropriate location for the deposition or testimony.

SECTION 28. Section 159.317, Family Code, is amended to read as follows:

Sec. 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of this state may communicate with a tribunal outside this [of another] state [or of a foreign country or political subdivision] in a record or [,] by telephone, electronic mail, or by other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding [in the other state, foreign country, or political subdivision]. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state [of another state or of a foreign country or political subdivision].

SECTION 29. Section 159.318, Family Code, is amended to read as follows:

Sec. 159.318. ASSISTANCE WITH DISCOVERY. A tribunal of this state may:

(1) request a tribunal outside this [of another] state to assist in obtaining discovery; and

(2) on request, compel a person over whom the tribunal has jurisdiction to respond to a discovery order issued by a tribunal outside this [of another] state.

SECTION 30. Section 159.319(a), Family Code, is amended to read as follows:

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

SECTION 31. The heading to Subchapter E, Chapter 159, Family Code, is amended to read as follows:

SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF

PARENTAGE

SECTION 32. Section 159.401, Family Code, is amended to read as follows:

Sec. 159.401. ESTABLISHMENT OF [PETITION TO ESTABLISH] SUPPORT ORDER. (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:

(1) the individual seeking the order resides outside this [in another] state; or

(2) the support enforcement agency seeking the order is located outside this [in another] state.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an [the] order is appropriate and the individual ordered to pay is:

(1) a presumed father of the child;

(2) [a man] petitioning to have his paternity adjudicated;

(3) [a man] identified as the father of the child through genetic testing;

(4) an alleged father who has declined to submit to genetic testing;

(5) [a man] shown by clear and convincing evidence to be the father of the child;

(6) an acknowledged father as provided by applicable state law;

(7) the mother of the child; or

(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) On finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under Section 159.305.

SECTION 33. Subchapter E, Chapter 159, Family Code, is amended by adding Section 159.402 to read as follows:

Sec. 159.402. PROCEEDING TO DETERMINE PARENTAGE. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

SECTION 34. The heading to Subchapter F, Chapter 159, Family Code, is amended to read as follows:

SUBCHAPTER F. ENFORCEMENT OF SUPPORT ORDER [OF ANOTHER STATE]

WITHOUT REGISTRATION

SECTION 35. Section 159.506, Family Code, is amended to read as follows:

Sec. 159.506. CONTEST BY OBLIGOR. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and [:

[(1)] filing a contest to that order as provided in [under] Subchapter G[;] or otherwise

[(2)] contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;

(2) each employer that has directly received an income-withholding order relating to the obligor; and

(3) the person designated to receive payments in the income-withholding order or [to the obligee], if no person is designated, to the obligee.

SECTION 36. Section 159.507(a), Family Code, is amended to read as follows:

(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in [by a tribunal of] another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

SECTION 37. Sections 159.601, 159.602, 159.603, and 159.604, Family Code, are designated as Part 1, Subchapter G, Chapter 159, Family Code, and a heading for that part is added to read as follows:

PART 1. REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER

SECTION 38. Section 159.601, Family Code, is amended to read as follows:

Sec. 159.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A support order or income-withholding order issued in [by a tribunal of] another state or a foreign support order may be registered in this state for enforcement.

SECTION 39. Sections 159.602(a), (b), and (d), Family Code, are amended to read as follows:

(a) Except as otherwise provided by Section 159.706, a [A] support order or income-withholding order of another state or a foreign support order may be registered in this state by sending [to] the following records to the appropriate tribunal in this state:

(1) a letter of transmittal to the tribunal requesting registration and enforcement;

(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;

(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:

(A) the obligor's address and social security number;

(B) the name and address of the obligor's employer and any other source of income of the obligor; and

(C) a description of and the location of property of the obligor in this state not exempt from execution; and

(5) except as otherwise provided by Section 159.312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order [judgment], together with one copy of the documents and information, regardless of their form.

(d) If two or more orders are in effect, the person requesting registration shall:

(1) furnish [provide] to the tribunal a copy of each support order asserted to be in effect in addition to [and] the documents specified in this section;

(2) specify [identify] the order alleged to be the controlling order, if any; and

(3) specify [state] the amount of consolidated arrears [arrearages], if any.

SECTION 40. Section 159.603, Family Code, is amended to read as follows:

Sec. 159.603. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c) Except as otherwise provided in this subchapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

SECTION 41. Section 159.604, Family Code, is amended to read as follows:

Sec. 159.604. CHOICE OF LAW. (a) Except as otherwise provided by Subsection (d), the law of the issuing state or foreign country governs:

(1) the nature, extent, amount, and duration of current payments under a registered support order;

(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears [arrearages] under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of [in] this state shall apply the procedures and remedies of this state to enforce current support and collect arrears [arrearages] and interest due on a support order of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which [order] is the controlling order and issues an order consolidating arrears [arrearages], if any, the tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including that state's or country's law on interest on arrears [arrearages], on current and future support, and on consolidated arrears [arrearages].

SECTION 42. Sections 159.605, 159.606, 159.607, and 159.608, Family Code, are designated as Part 2, Subchapter G, Chapter 159, Family Code, and a heading for that part is added to read as follows:

PART 2. CONTEST OF VALIDITY OR ENFORCEMENT

SECTION 43. Section 159.605, Family Code, is amended to read as follows:

Sec. 159.605. NOTICE OF REGISTRATION OF ORDER. (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) A notice [under this section] must inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Section 159.707;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner[:

[(A)] will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

[(B) precludes further contest of that order with respect to any matter that could have been asserted; and]

(4) of the amount of any alleged arrearages.

(c) If the registering party asserts that two or more orders are in effect, the notice [under this section] must also:

(1) identify[:

[(A)] the two or more orders and the [, including which] order [is] alleged by the registering party [person] to be the controlling order[;] and

[(B)] the consolidated arrears [arrearages], if any;

(2) notify the nonregistering party of the right to a determination of which [order] is the controlling order;

(3) state that the procedures provided in Subsection (b) apply to the determination of which [order] is the controlling order; and

(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) On registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer under Chapter 158.

SECTION 44. Section 159.606, Family Code, is amended to read as follows:

Sec. 159.606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 159.605 [20 days after notice of the registration]. The nonregistering party may seek [under Section 159.607] to[:

[(1)] vacate the registration, to [;

[(2)] assert any defense to an allegation of noncompliance with the registered order, [;] or to

[(3)] contest the remedies being sought or the amount of any alleged arrearages under Section 159.607.

(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

SECTION 45. Section 159.607, Family Code, is amended to read as follows:

Sec. 159.607. CONTEST OF REGISTRATION OR ENFORCEMENT. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made;

(7) the statute of limitation under Section 159.604 precludes enforcement of some or all of the alleged arrearages; or

(8) the alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under Subsection (a), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under Subsection (a) to the validity or enforcement of the registered support order, the registering tribunal shall issue an order confirming the order.

SECTION 46. Section 159.608, Family Code, is amended to read as follows:

Sec. 159.608. CONFIRMED ORDER. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

SECTION 47. Sections 159.609, 159.610, 159.611, 159.612, 159.613, and 159.614, Family Code, are designated as Part 3, Subchapter G, Chapter 159, Family Code, and a heading is added for that part to read as follows:

PART 3. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF

ANOTHER STATE

SECTION 48. Section 159.609, Family Code, is amended to read as follows:

Sec. 159.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Sections 159.601 through 159.608 [159.601-159.604] if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

SECTION 49. Section 159.610, Family Code, is amended to read as follows:

Sec. 159.610. EFFECT OF REGISTRATION FOR MODIFICATION. A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 159.611 or [,]159.613 [, or 159.615] have been met.

SECTION 50. Section 159.611, Family Code, is amended by amending Subsections (a), (c), (d), and (e) and adding Subsection (f) to read as follows:

(a) If [Except as provided by] Section 159.613 does not apply [159.615], on petition a tribunal of this state may modify a child support order issued in another state that is [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, 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 for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(c) A [Except as provided by Section 159.615, a] tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support [, that may not be modified under the law of the issuing state]. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under Section 159.207 establishes the aspects of the support order that are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(e) On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

(f) Notwithstanding Subsections (a) through (e) of this section and Section 159.201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.

[(e) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.]

SECTION 51. Section 159.612, Family Code, is amended to read as follows:

Sec. 159.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act, a tribunal of this state:

(1) may enforce the order that was modified only as to arrears [arrearages] and interest accruing before the modification;

(2) may provide appropriate relief for violations of the order that occurred before the effective date of the modification; and

(3) shall recognize the modifying order of the other state, on registration, for the purpose of enforcement.

SECTION 52. Section 159.613(b), Family Code, is amended to read as follows:

(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Subchapters B and C, this subchapter, [Sections 159.101 through 159.209] and [159.601 through 159.614 and] the procedural and substantive law of this state to the proceeding for enforcement or modification. Subchapters D, E, F, H, and I [Sections 159.301 through 159.507 and 159.701 through 159.802] do not apply.

SECTION 53. Section 159.615, Family Code, is designated as Part 4, Subchapter G, Chapter 159, Family Code, and a heading for that part is added to read as follows:

PART 4. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT

ORDER

SECTION 54. Section 159.615, Family Code, is amended to read as follows:

Sec. 159.615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY [OR POLITICAL SUBDIVISION]. (a) Except as otherwise provided by Section 159.711, if [If] a foreign country lacks or [political subdivision that is a state] refuses to exercise jurisdiction to modify its child support order pursuant to its laws [or may not under its law modify its order], a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal regardless of whether the[:

[(1)] consent to modification of a child support order otherwise required of the individual [has been given] under Section 159.611 has been given[;] or whether

[(2)] the individual seeking modification is a resident of this state or of the foreign country [or political subdivision].

(b) An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.

SECTION 55. Part 4, Subchapter G, Chapter 159, Family Code, as designated by this Act, is amended by adding Section 159.616 to read as follows:

Sec. 159.616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under Sections 159.601 through 159.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.

SECTION 56. The heading to Subchapter H, Chapter 159, Family Code, is amended to read as follows:

SUBCHAPTER H. SUPPORT PROCEEDING UNDER CONVENTION [DETERMINATION

OF PARENTAGE]

SECTION 57. Section 159.701, Family Code, is amended to read as follows:

Sec. 159.701. DEFINITIONS. In this subchapter:

(1) "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) "Central authority" means the entity designated by the United States or a foreign country described in Section 159.102(5)(D) to perform the functions specified in the Convention.

(3) "Convention support order" means a support order of a tribunal of a foreign country described in Section 159.102(5)(D).

(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

(5) "Foreign central authority" means the entity designated by a foreign country described in Section 159.102(5)(D) to perform the functions specified in the Convention.

(6) "Foreign support agreement":

(A) means an agreement for support in a record that:

(i) is enforceable as a support order in the country of origin;

(ii) has been:

(a) formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(b) authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) may be reviewed and modified by a foreign tribunal; and

(B) includes a maintenance arrangement or authentic instrument under the Convention.

(7) "United States central authority" means the secretary of the United States Department of Health and Human Services. [PROCEEDING TO DETERMINE PARENTAGE. A court of this state authorized to determine the parentage of a child may serve as a responding tribunal in a proceeding to determine parentage brought under this chapter or a law substantially similar to this chapter.]

SECTION 58. Subchapter H, Chapter 159, Family Code, is amended by adding Sections 159.702 through 159.713 to read as follows:

Sec. 159.702. APPLICABILITY. This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with Subchapters B through G, this subchapter controls.

Sec. 159.703. RELATIONSHIP OF OFFICE OF ATTORNEY GENERAL TO UNITED STATES CENTRAL AUTHORITY. The office of the attorney general of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.

Sec. 159.704. INITIATION BY OFFICE OF ATTORNEY GENERAL OF SUPPORT PROCEEDING UNDER CONVENTION. (a) In a support proceeding under this subchapter, the office of the attorney general of this state shall:

(1) transmit and receive applications; and

(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(b) The following support proceedings are available to an obligee under the Convention:

(1) recognition or recognition and enforcement of a foreign support order;

(2) enforcement of a support order issued or recognized in this state;

(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4) establishment of a support order if recognition of a foreign support order is refused under Section 159.708(b)(2), (4), or (9);

(5) modification of a support order of a tribunal of this state; and

(6) modification of a support order of a tribunal of another state or a foreign country.

(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(2) modification of a support order of a tribunal of this state; and

(3) modification of a support order of a tribunal of another state or a foreign country.

(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

Sec. 159.705. DIRECT REQUEST. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 159.706 through 159.713 apply.

(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

(d) A petitioner filing a direct request is not entitled to assistance from the office of the attorney general.

(e) This subchapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

Sec. 159.706. REGISTRATION OF CONVENTION SUPPORT ORDER. (a) Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Subchapter G.

(b) Notwithstanding Sections 159.311 and 159.602(a), a request for registration of a Convention support order must be accompanied by:

(1) the complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

(2) a record stating that the support order is enforceable in the issuing country;

(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(4) a record showing the amount of arrears, if any, and the date the amount was calculated;

(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 159.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.

Sec. 159.707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (a) Except as otherwise provided in this subchapter, Sections 159.605 through 159.608 apply to a contest of a registered Convention support order.

(b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration. If the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in Subsection (b), the order is enforceable.

(d) A contest of a registered Convention support order may be based only on grounds set forth in Section 159.708. The contesting party bears the burden of proof.

(e) In a contest of a registered Convention support order, a tribunal of this state:

(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) may not review the merits of the order.

(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

Sec. 159.708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER. (a) Except as otherwise provided in Subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:

(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2) the issuing tribunal lacked personal jurisdiction consistent with Section 159.201;

(3) the order is not enforceable in the issuing country;

(4) the order was obtained by fraud in connection with a matter of procedure;

(5) a record transmitted in accordance with Section 159.706 lacks authenticity or integrity;

(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;

(8) payment, to the extent alleged arrears have been paid in whole or in part;

(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10) the order was made in violation of Section 159.711.

(c) If a tribunal of this state does not recognize a Convention support order under Subsection (b)(2), (4), or (9):

(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2) the office of the attorney general shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 159.704.

Sec. 159.709. PARTIAL ENFORCEMENT. If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

Sec. 159.710. FOREIGN SUPPORT AGREEMENT. (a) Except as otherwise provided by Subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) the complete text of the foreign support agreement; and

(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) the agreement was obtained by fraud or falsification;

(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or

(4) the record submitted under Subsection (b) lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

Sec. 159.711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER. (a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, Section 159.708(c) applies.

Sec. 159.712. PERSONAL INFORMATION; LIMIT ON USE. Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.

Sec. 159.713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. A record filed with a tribunal of this state under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.

SECTION 59. Section 159.801(a), Family Code, is amended to read as follows:

(a) For purposes of this [In this] subchapter, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

SECTION 60. Section 159.802(a), Family Code, is amended to read as follows:

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate[:

[(1)] that, not less than 60 days previously [before the date of the demand], the obligee had initiated proceedings for support under this chapter[;] or

[(2)] that [initiating] the proceeding would be of no avail.

SECTION 61. Section 159.901, Family Code, is amended to read as follows:

Sec. 159.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act [chapter], consideration must be given to the need to promote uniformity of the law with respect to its [the] subject matter [of this chapter] among states that enact it [a law similar to this chapter].

SECTION 62. Chapter 159, Family Code, as amended by this Act, applies to proceedings commenced on or after the effective date of this Act to establish a support order, determine parentage of a child, or register, recognize, enforce, or modify a prior support order, determination, or agreement regardless of the date the order, determination, or agreement was issued or entered.

SECTION 63. This Act takes effect July 1, 2015, 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. If this Act does not receive the vote necessary for effect on that date, this Act takes effect on the 91st day after the last day of the legislative session.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 3538 was passed by the House on May 7, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 3538 was passed by the Senate on May 20, 2015, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor