88R5793 MLH-F

By: Sherman, Sr. H.B. No. 3332

A BILL TO BE ENTITLED

AN ACT

relating to the child support obligation of certain obligors who are or were incarcerated.

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

SECTION 1. Section 154.001, Family Code, is amended by adding Subsection (a-2) to read as follows:

(a-2) Notwithstanding Subsections (a) and (a-1), if an obligor's child support obligation has been suspended by the Title IV-D agency under Section 231.1018, the obligor shall continue to support the child as provided by the order until the 180th day after the date the obligation would otherwise have ended under Subsection (a) or (a-1), as applicable.

SECTION 2. Subchapter A, Chapter 154, Family Code, is amended by adding Section 154.017 to read as follows:

Sec. 154.017. CERTAIN INCARCERATED OBLIGORS. (a) Except as otherwise provided by Subsection (b), if the court renders an order under Chapter 160 establishing a man's paternity of a child and the man is confined or imprisoned at the time the order is rendered:

(1) the court shall defer rendering an order under this chapter establishing the man's child support obligation until the 180th day after the date the man is released from confinement or imprisonment; and

(2) notwithstanding Section 154.131, the man's child support obligation does not accrue before the 180th day described by Subdivision (1).

(b) The court is not required to defer rendering an order as provided by Subsection (a) if the court finds that the man has sufficient financial resources to meet the man's child support obligation during the man's confinement or imprisonment.

SECTION 3. Section 156.401, Family Code, is amended by amending Subsection (a) and adding Subsection (a-3) to read as follows:

(a) Except as provided by Subsection (a-1), (a-2), (a-3), or (b), the court may modify an order that provides for the support of a child, including an order for health care coverage under Section 154.182 or an order for dental care coverage under Section 154.1825, if:

(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of:

(A) the date of the order's rendition; or

(B) the date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or

(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.

(a-3) A child support order that has been suspended by the Title IV-D agency under Section 231.1018 may not be modified before the 180th day after the date the obligor is released from confinement or imprisonment.

SECTION 4. Section 231.002(e), Family Code, is amended to read as follows:

(e) The Title IV-D agency may take the following administrative actions with respect to the location of a parent, the determination of parentage, and the establishment, modification, and enforcement of child support, medical support, and dental support orders required by 42 U.S.C. Section 666(c), without obtaining an order from any other judicial or administrative tribunal:

(1) issue an administrative subpoena, as provided by Section 231.303, to obtain financial or other information;

(2) order genetic testing for parentage determination, as provided by Chapter 233;

(3) order income withholding, as provided by Chapter 233, and issue an administrative writ of withholding, as provided by Chapter 158; [and]

(4) take any action with respect to execution, collection, and release of a judgment or lien for child support necessary to satisfy the judgment or lien, as provided by Chapter 157; and

(5) suspend the child support obligation of an obligor released from confinement or imprisonment, as provided by Section 231.1018.

SECTION 5. Subchapter B, Chapter 231, Family Code, is amended by adding Section 231.1018 to read as follows:

Sec. 231.1018. ADMINISTRATIVE SUSPENSION OF SUPPORT OBLIGATION FOR CERTAIN INCARCERATED OBLIGORS. (a) On verification by the Title IV-D agency of the release from confinement or imprisonment in a local, state, or federal jail or prison of a child support obligor who was confined or imprisoned for a period of at least 180 consecutive days, the Title IV-D agency shall administratively suspend the obligor's child support, medical support, and dental support order for a period of 180 days, during which time no support obligation accrues.

(b) The Title IV-D agency must, for each administrative suspension of a support obligation under Subsection (a):

(1) provide notice of the suspension to the parties to the support order; and

(2) file a copy of the notice with the court of continuing, exclusive jurisdiction.

(c) The notice provided under Subsection (b) must state:

(1) that the obligor's support obligation has been suspended for a period of 180 days;

(2) the earliest date on which a court may modify the order under Section 156.401(a-3); and

(3) the style and cause number of the case in which the support order was rendered.

(d) The suspension of a support obligation under this section takes effect immediately.

(e) The suspension of a support obligation under this section does not affect a support obligation due before the effective date of the administrative adjustment.

(f) The Title IV-D agency may adopt rules to implement this section.

SECTION 6. (a) Section 154.017, Family Code, as added by this Act, applies only to an order establishing paternity rendered on or after the effective date of this Act.

(b) Section 154.001, Family Code, as amended by this Act, and Section 231.1018, Family Code, as added by this Act, apply only to an obligor who is released from confinement or imprisonment on or after the effective date of this Act.

(c) Section 156.401, Family Code, as amended by this Act, applies only to a suit for modification filed on or after the effective date of this Act.

SECTION 7. This Act takes effect immediately 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 immediate effect, this Act takes effect September 1, 2023.