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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the Title IV-D agency regarding the |
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establishment, collection, and 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 108.001(d), Family Code, is amended to |
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read as follows: |
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(d) In a Title IV-D case, the Title IV-D agency may transmit |
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the record and information specified by Subsection (a) directly to |
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the [bureau of] vital statistics unit of the Department of State |
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Health Services[, with a copy to the clerk of the court on request
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by the clerk]. The record and information are not required to be |
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certified if transmitted by the Title IV-D agency under this |
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subsection. |
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SECTION 2. Section 231.101(d), Family Code, is amended to |
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read as follows: |
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(d) The Title IV-D agency may review a support order at any |
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time on a showing of a material and substantial change in |
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circumstances, taking into consideration the best interests of the |
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child. If the Title IV-D agency determines that the primary care |
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and possession of the child has changed, the Title IV-D agency may |
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file a petition for modification under Chapter 156. |
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SECTION 3. Section 231.108(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (c), all files and |
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records of services provided by the Title IV-D agency under this |
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title [chapter], including information concerning a custodial |
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parent, a noncustodial parent, a child, or [and] an alleged or |
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presumed father, are confidential. |
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SECTION 4. Section 231.302(b), Family Code, is amended to |
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read as follows: |
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(b) A government agency, private company, institution, or |
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other entity shall provide the information requested under |
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Subsection (a) directly to the Title IV-D agency not later than the |
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seventh day after the request to obtain information is received, |
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without the requirement of payment of a fee for the information, and |
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shall, subject to safeguards on privacy and information security, |
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provide the information in the most efficient and expeditious |
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manner available, including electronic or automated transfer and |
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interface. Any individual or entity disclosing information under |
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this section in response to a request from a Title IV-D agency may |
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not be held liable in any civil action or proceeding to any person |
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for the disclosure of information under this subsection. |
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SECTION 5. Section 233.013(b), Family Code, is amended to |
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read as follows: |
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(b) If grounds exist for modification of [it has been three
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years since] a child support order under Subchapter E, Chapter 156 |
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[was rendered or last modified and the amount of the child support
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award under the order differs by either 20 percent or $100 from the
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amount that would be awarded under the child support guidelines], |
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the Title IV-D agency may file an appropriate child support review |
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order, including an order that has the effect of modifying an |
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existing court or administrative order for child support without |
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the necessity of filing a motion to modify. |
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SECTION 6. Section 233.028(c), Family Code, is amended to |
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read as follows: |
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(c) If a party denies parentage of a child whose parentage |
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has not previously been acknowledged or adjudicated, the Title IV-D |
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agency shall order parentage testing and give each party notice of |
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the time and place of testing. If either party fails or refuses to |
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participate in administrative parentage testing, the Title IV-D |
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agency may file a child support review order resolving the question |
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of parentage against that party. The court shall confirm the child |
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support review order as a temporary or final order of the court only |
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after an opportunity for parentage testing has been provided. |
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SECTION 7. Section 234.101(1), Family Code, is amended to |
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read as follows: |
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(1) "Employee" means an individual who is an employee |
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within the meaning of Chapter 24 of the Internal Revenue Code of |
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1986 (26 U.S.C. Section 3401(c)) or an independent contractor as |
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defined by the Internal Revenue Service. The term does not include |
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an employee of a state agency performing intelligence or |
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counterintelligence functions if the head of the agency has |
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determined that reporting employee information under this |
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subchapter could endanger the safety of the employee or compromise |
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an ongoing investigation or intelligence activity. |
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SECTION 8. (a) Section 108.001, Family Code, as amended by |
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this Act, applies only to the transmission of a record and |
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information to the vital statistics unit of the Department of State |
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Health Services on or after the effective date of this Act. |
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(b) Section 231.302, Family Code, as amended by this Act, |
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applies only to a request for information that is received on or |
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after the effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2015. |
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