85R4547 MM-D
 
  By: Giddings H.B. No. 1671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to child support funds recovered by the Title IV-D agency
  on behalf of a child in the conservatorship of the Department of
  Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 231.010, Family Code, is
  amended to read as follows:
         Sec. 231.010.  COOPERATION WITH DEPARTMENT OF FAMILY AND
  PROTECTIVE [AND REGULATORY] SERVICES.
         SECTION 2.  Section 231.010, Family Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  In this section, "department" means the Department of
  Family and Protective [and Regulatory] Services.
         (c)  The Title IV-D agency shall work with the department to
  identify the amount of child support paid by the parent of a child
  in the conservatorship of the department that exceeds the amount of
  the foster care maintenance payment paid by the department for the
  child.
         SECTION 3.  Section 264.109, Family Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  The department and the Title IV-D agency shall execute a
  memorandum of understanding for the implementation of the
  provisions of this section and for the allocation to [between] the
  department [and the agency], consistent with federal laws and
  regulations, of any child support funds recovered by the Title IV-D
  agency in substitute care cases to reimburse the department for the
  cost of foster care maintenance payments. All child support funds
  recovered under this section and retained by the department [or the
  Title IV-D agency] and any federal matching or incentive funds
  resulting from child support collection efforts in substitute care
  cases shall be in excess of amounts otherwise appropriated to
  [either] the department [or the Title IV-D agency] by the
  legislature.
         (d)  If the amount of child support funds recovered by the
  Title IV-D agency and allocated to the department for a child in the
  conservatorship of the department exceeds the amount of the foster
  care maintenance payment paid by the department for the child, the
  department shall use the excess amount of child support in the
  manner it determines will serve the best interests of the child.
         SECTION 4.  This Act takes effect September 1, 2017.