Texas 2009 - 81st Regular

Texas Senate Bill SB1777 Compare Versions

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1	1	S.B. No. 1777
2	2
3	3
4	4	AN ACT
5	5	relating to disbursement of child support payments in Title IV-D
6	6	cases.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 234.010, Family Code, is amended to read
9	9	as follows:
10	10	Sec. 234.010. DIRECT DEPOSIT AND ELECTRONIC BENEFITS
11	11	TRANSFER OF CHILD SUPPORT PAYMENTS. (a) The state disbursement
12	12	unit authorized under this chapter may make a direct deposit of
13	13	[transmit] a child support payment to an obligee by electronic
14	14	funds transfer into [if the obligee maintains] an account with a
15	15	financial institution maintained by the obligee. It is the
16	16	responsibility of the obligee to notify the state disbursement unit
17	17	of:
18	18	(1) the existence of an account;
19	19	(2) the appropriate routing information for direct
20	20	deposit by electronic funds transfer into an account; and
21	21	(3) any modification to account information
22	22	previously provided to the state disbursement unit, including
23	23	information that an account has been closed.
24	24	(b) Except as provided by Subsection (d), the state
25	25	disbursement unit shall deposit a child support payment by
26	26	electronic funds transfer into a debit card account established for
27	27	the obligee by the Title IV-D agency if the obligee:
28	28	(1) does not maintain an account with a financial
29	29	institution;
30	30	(2) fails to notify the state disbursement unit of the
31	31	existence of an account maintained with a financial institution; or
32	32	(3) closes an account maintained with a financial
33	33	institution previously used to accept direct deposit of a child
34	34	support payment without establishing a new account and notifying
35	35	the state disbursement unit of the new account in accordance with
36	36	Subsection (a) [The work group convened under this subchapter may
37	37	develop a plan to assist an obligee who does not have an account
38	38	with a financial institution to obtain an account].
39	39	(c) The Title IV-D agency shall:
40	40	(1) issue a debit card to each obligee for whom a debit
41	41	card account is established under Subsection (b); and
42	42	(2) provide the obligee with instructions for
43	43	activating and using the debit card [work group may determine
44	44	whether it is feasible and cost-effective for the state to
45	45	administer an electronic benefits transfer system for child support
46	46	obligees and may recommend implementation of such a system to the
47	47	Title IV-D agency].
48	48	(d) An obligee may decline in writing to receive child
49	49	support payments by electronic funds transfer into an account with
50	50	a financial institution or a debit card account and request that
51	51	payments be provided by paper warrants if the obligee alleges that
52	52	receiving payments by electronic funds transfer would impose a
53	53	substantial hardship [After receiving any recommendations by the
54	54	work group under Subsection (c), the Title IV-D agency or the vendor
55	55	selected by the Title IV-D agency to operate the state disbursement
56	56	unit may provide for electronic benefits transfer, if the request
57	57	for proposals issued by the Title IV-D agency and any contract
58	58	resulting from the selection of a vendor to provide the services
59	59	specified in the request for proposals provides for electronic
60	60	benefits transfer].
61	61	(e) A child support payment disbursed by the state
62	62	disbursement unit by electronic funds transfer into an account with
63	63	a financial institution maintained by the obligee or into a debit
64	64	card account established for the obligee under Subsection (b) is
65	65	solely the property of the obligee [The work group may recommend and
66	66	the Title IV-D agency may establish procedures to implement this
67	67	section.
68	68	[(f) The Title IV-D agency, after receiving the
69	69	recommendation of the work group, may require an obligee to receive
70	70	payments by direct deposit to the obligee's bank account or by
71	71	electronic benefits transfer to an account established by the Title
72	72	IV-D agency or the state disbursement unit if the account is
73	73	established at no cost to the obligee].
74	74	SECTION 2. Section 72.101, Property Code, is amended by
75	75	adding Subsection (e) to read as follows:
76	76	(e) This section does not apply to money collected as child
77	77	support that:
78	78	(1) is being held for disbursement by the state
79	79	disbursement unit under Chapter 234, Family Code, or a local
80	80	registry, as defined by Section 101.018, Family Code, pending
81	81	identification and location of the person to whom the money is owed;
82	82	or
83	83	(2) has been disbursed by the state disbursement unit
84	84	under Chapter 234, Family Code, by electronic funds transfer into a
85	85	child support debit card account established for an individual
86	86	under Section 234.010, Family Code, but not activated by the
87	87	individual.
88	88	SECTION 3. Subdivision (1), Subsection (a), Section 73.001,
89	89	Property Code, is amended to read as follows:
90	90	(1) "Account" means funds deposited with a depository
91	91	in an interest-bearing account, a checking or savings account, or a
92	92	child support debit card account established under Section 234.010,
93	93	Family Code, or funds received by a depository in exchange for the
94	94	purchase of a stored value card.
95	95	SECTION 4. Section 234.011, Family Code, is repealed.
96	96	SECTION 5. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2009.
101	101	______________________________ ______________________________
102	102	President of the Senate Speaker of the House
103	103	I hereby certify that S.B. No. 1777 passed the Senate on
104	104	April 23, 2009, by the following vote: Yeas 30, Nays 0.
105	105	______________________________
106	106	Secretary of the Senate
107	107	I hereby certify that S.B. No. 1777 passed the House on
108	108	May 26, 2009, by the following vote: Yeas 145, Nays 0, two present
109	109	not voting.
110	110	______________________________
111	111	Chief Clerk of the House
112	112	Approved:
113	113	______________________________
114	114	Date
115	115	______________________________
116	116	Governor