| 1 | 1 | | 81R9832 JMM-F |
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| 2 | 2 | | By: Bolton H.B. No. 2008 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain costs and fees in a Title IV-D case. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 231.202, Family Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D |
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| 12 | 12 | | CASES. In a Title IV-D case filed under this title, including a |
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| 13 | 13 | | case filed under Chapter 159, the Title IV-D agency shall pay: |
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| 14 | 14 | | (1) filing fees and fees for issuance and service of |
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| 15 | 15 | | process as provided by Chapter 110 of this code and by Sections |
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| 16 | 16 | | 51.317, 51.318(b)(2), and 51.319(2), Government Code; |
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| 17 | 17 | | (2) fees for transfer as provided by Chapter 110; |
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| 18 | 18 | | (3) fees for the issuance and delivery of orders and |
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| 19 | 19 | | writs of income withholding in the amounts provided by Chapter 110; |
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| 20 | 20 | | (4) the fee for services provided by [that] sheriffs |
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| 21 | 21 | | and constables, including: |
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| 22 | 22 | | (A) a fee [are] authorized [to charge for serving |
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| 23 | 23 | | process] under Section 118.131, Local Government Code, for serving |
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| 24 | 24 | | each item of process to each individual on whom service is required, |
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| 25 | 25 | | including service by certified or registered mail[, to be paid to a |
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| 26 | 26 | | sheriff, constable, or clerk whenever service of process is |
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| 27 | 27 | | required]; |
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| 28 | 28 | | (B) a fee authorized under Section 157.103(b) for |
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| 29 | 29 | | serving a capias; and |
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| 30 | 30 | | (C) a fee prescribed by a rule adopted by the |
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| 31 | 31 | | Title IV-D agency for documented unsuccessful efforts to serve a |
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| 32 | 32 | | capias; |
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| 33 | 33 | | (5) the fee for filing an administrative writ of |
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| 34 | 34 | | withholding under Section 158.503(d); and |
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| 35 | 35 | | (6) the fee for issuance of a subpoena as provided by |
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| 36 | 36 | | Section 51.318(b)(1), Government Code. |
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| 37 | 37 | | SECTION 2. The changes in law made by this Act apply to a |
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| 38 | 38 | | suit affecting the parent-child relationship pending in a trial |
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| 39 | 39 | | court on or filed on or after the effective date of this Act. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
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