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A BILL TO BE ENTITLED
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AN ACT
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relating to suits affecting the parent-child relationship and the |
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enforcement of child support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 355.102(e), Estates Code, is amended to |
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read as follows: |
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(e) Class 4 claims are composed of claims: |
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(1) for the principal amount of and accrued interest |
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on delinquent child support and child support arrearages that have |
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been: |
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(A) confirmed and reduced to money judgment[,] as |
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provided by Section 157.263, Family Code; or |
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(B) administratively determined by the Title |
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IV-D agency, as defined by Section 101.033, Family Code, in a Title |
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IV-D case, as defined by Section 101.034 [under Subchapter F,
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Chapter 157], Family Code, and agreed to by the obligor or confirmed |
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by the court; and |
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(2) [claims] for unpaid child support obligations |
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under Section 154.015, Family Code. |
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SECTION 2. Section 101.031, Family Code, is amended to read |
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as follows: |
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Sec. 101.031. SUIT. "Suit" means a legal action under this |
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title [suit affecting the parent-child relationship]. |
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SECTION 3. Section 105.006(c), Family Code, is amended to |
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read as follows: |
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(c) If a court finds after notice and hearing that requiring |
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a party to provide the information required by this section to |
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another party is likely to subject [cause] the child or a |
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conservator to harassment, abuse, serious harm, or injury, or to |
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family violence, as defined by Section 71.004, the court may: |
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(1) order the information not to be disclosed to |
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another party; or |
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(2) render any other order the court considers |
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necessary. |
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SECTION 4. Sections 154.187(c) and (d), Family Code, are |
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amended to read as follows: |
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(c) An employer who has received an order or notice under |
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this subchapter shall provide to the sender, [by first class mail] |
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not later than the 40th day after the date the employer receives the |
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order or notice, a statement that the child: |
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(1) has been enrolled in the employer's health |
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insurance plan or is already enrolled in another health insurance |
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plan in accordance with a previous child support or medical support |
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order to which the employee is subject; or |
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(2) cannot be enrolled or cannot be enrolled |
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permanently in the employer's health insurance plan and provide the |
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reason why coverage or permanent coverage cannot be provided. |
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(d) If the employee ceases employment or if the health |
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insurance coverage lapses, the employer shall provide to the |
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sender, [by first class mail] not later than the 15th day after the |
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date of the termination of employment or the lapse of the coverage, |
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notice of the termination or lapse and of the availability of any |
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conversion privileges. |
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SECTION 5. Sections 157.065(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) If a party has been ordered under Chapter 105 to provide |
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the court and the state case registry with the party's current |
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mailing address, notice of a hearing on a motion for enforcement or |
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on a request for a court order implementing a postjudgment remedy |
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for the collection of child support may be served by mailing a copy |
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of the notice to the respondent, together with a copy of the motion |
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or request, by first class mail to the last mailing address of the |
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respondent on file with the court and the registry. |
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(b) The notice may be sent by the clerk of the court, the |
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[movant's] attorney for the movant or party requesting a court |
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order, or any person entitled to the address information as |
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provided in Chapter 105. |
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SECTION 6. Section 157.264(a), Family Code, is amended to |
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read as follows: |
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(a) A money judgment rendered as provided in this subchapter |
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or a judgment for retroactive child support rendered under Chapter |
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154 may be enforced by any means available for the enforcement of a |
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judgment for debts or the collection of child support. |
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SECTION 7. Section 157.319(c), Family Code, is amended to |
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read as follows: |
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(c) This section does not affect the validity or priority of |
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a lien of a health care provider, a lien for attorney's fees in a |
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workers' compensation benefits dispute up to the maximum amount |
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prescribed by Section 408.221(i), Labor Code, or a lien of a holder |
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of a security interest. This section does not affect the assignment |
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of rights or subrogation of a claim under Title XIX of the federal |
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Social Security Act (42 U.S.C. Section 1396 et seq.), as amended. |
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SECTION 8. Section 160.302, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An acknowledgment of paternity constitutes an affidavit |
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under Section 666(a)(5)(C), Social Security Act (42 U.S.C. Section |
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666(a)(5)(C)). |
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SECTION 9. Section 232.001, Family Code, is amended by |
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adding Subdivision (3-a) to read as follows: |
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(3-a) "Renewal" means any instance when a licensing |
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authority: |
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(A) renews, extends, recertifies, or reissues a |
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license; or |
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(B) periodically certifies a licensee to be in |
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good standing with the licensing authority based on the required |
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payment of fees or dues or the performance of some other mandated |
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action or activity. |
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SECTION 10. Sections 232.0135(b), (c), and (d), Family |
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Code, are amended to read as follows: |
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(b) A licensing authority that receives the information |
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described by Subsection (a) shall refuse to approve [accept] an |
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application for issuance of a license to the obligor or renewal of |
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an existing license of the obligor until the authority is notified |
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by the child support agency that the obligor has: |
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(1) paid all child support arrearages; |
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(2) made an immediate payment of not less than $200 |
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toward child support arrearages owed and established with the |
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agency a satisfactory repayment schedule for the remainder or is in |
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compliance with a court order for payment of the arrearages; |
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(3) been granted an exemption from this subsection as |
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part of a court-supervised plan to improve the obligor's earnings |
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and child support payments; or |
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(4) successfully contested the denial of issuance or |
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renewal of license under Subsection (d). |
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(c) On providing a licensing authority with the notice |
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described by Subsection (a), the child support agency shall send a |
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copy to the obligor by first class mail and inform the obligor of |
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the steps the obligor must take to permit the authority to approve |
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[accept] the obligor's application for license issuance or renewal. |
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(d) An obligor receiving notice under Subsection (c) may |
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request a review by the child support agency to resolve any issue in |
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dispute regarding the identity of the obligor or the existence or |
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amount of child support arrearages. The agency shall promptly |
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provide an opportunity for a review, either by telephone or in |
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person, as appropriate to the circumstances. After the review, if |
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appropriate, the agency may notify the licensing authority that it |
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may approve [accept] the obligor's application for issuance or |
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renewal of license. If the agency and the obligor fail to resolve |
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any issue in dispute, the obligor, not later than the 30th day after |
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the date of receiving notice of the agency's determination from the |
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review, may file a motion with the court to direct the agency to |
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withdraw the notice under Subsection (a) and request a hearing on |
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the motion. The obligor's application for license issuance or |
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renewal may not be approved [accepted] by the licensing authority |
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until the court rules on the motion. If, after a review by the |
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agency or a hearing by the court, the agency withdraws the notice |
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under Subsection (a), the agency shall reimburse the obligor the |
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amount of any fee charged the obligor under Section 232.014. |
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SECTION 11. Subchapter A, Chapter 406, Government Code, is |
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amended by adding Section 406.026 to read as follows: |
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Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding |
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filed under Title 5, Family Code, if a signature is required to be |
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notarized, acknowledged, verified, or made under oath, the |
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requirement is satisfied if the electronic signature of the person |
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authorized to perform that act, together with all other information |
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required to be included by other applicable law, is attached to or |
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logically associated with the signature required to be notarized, |
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acknowledged, verified, or made under oath. |
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SECTION 12. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship filed on or after the |
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effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2015. |