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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and enforcement of withholding of income |
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for the payment 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 101.011, Family Code, is amended to read |
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as follows: |
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Sec. 101.011. EARNINGS. "Earnings" means a payment to or |
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due an individual, regardless of source and how denominated. The |
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term includes a periodic or lump-sum payment for: |
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(1) wages, salary, compensation received as an |
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independent contractor, overtime pay, severance pay, commission, |
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bonus, and interest income; |
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(2) payments made under a pension, an annuity, |
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workers' compensation, and a disability or retirement program; |
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[and] |
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(3) unemployment benefits; |
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(4) compensation from a transportation network |
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company as defined by Section 2402.001, Occupations Code; and |
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(5) compensation from a person that operates a |
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technology platform used to make deliveries to customers. |
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SECTION 2. Section 158.210(b), Family Code, is amended to |
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read as follows: |
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(b) A fine recovered under this section shall be deposited |
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in a special fund in the state treasury [paid to the county in which |
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the obligee resides and shall be used by the county to improve child |
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support services]. The attorney general may bring an action to |
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collect a fine imposed under this section. |
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SECTION 3. Section 234.101, Family Code, is amended to read |
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as follows: |
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Sec. 234.101. DEFINITIONS. In this subchapter: |
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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 includes a driver |
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who logs in to the digital network of a transportation network |
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company, as those terms are defined by Section 2402.001, |
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Occupations Code, and an individual who logs in to or otherwise uses |
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a technology platform to make deliveries for compensation. The term |
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does not include an employee of a state agency performing |
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intelligence or counterintelligence functions if the head of the |
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agency has determined that reporting employee information under |
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this subchapter could endanger the safety of the employee or |
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compromise an ongoing investigation or intelligence activity. |
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(2) "Employer" has the meaning given that term by |
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Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. |
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Section 3401(d)) and includes a governmental entity and a labor |
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organization, as that term is identified in Section 2(5) of the |
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National Labor Relations Act (29 U.S.C. Section 152(5)), including |
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an entity, also known as a "hiring hall," used by the labor |
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organization and an employer to carry out requirements of an |
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agreement between the organization and an employer described in |
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Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)). The term |
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includes a transportation network company, as defined by Section |
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2402.001, Occupations Code, and a person that operates a technology |
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platform used to make deliveries to customers. |
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(3) "Newly hired employee" means an employee who: |
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(A) has not [been] previously been employed by or |
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received earnings from the employer; or |
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(B) was previously employed by the employer but |
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has been separated from that employment or has not received |
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earnings from the employer for at least 60 consecutive days. |
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SECTION 4. The change in law made by this Act to Section |
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158.210(b), Family Code, with respect to the deposit of a fine |
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applies only to a fine imposed on or after the effective date of |
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this Act. A fine imposed before that date is governed by the law in |
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effect on the date the fine was imposed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |