By: Harris S.B. No. 865
A BILL TO BE ENTITLED
AN ACT
relating to child support enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.009, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) In a proceeding under Chapter 233, the requirements
imposed by Subsections (a) and (c) do not apply to the extent of any
conflict between those requirements and the provisions in Chapter
233.
SECTION 2. Subsection (b), Section 102.011, Family Code, is
amended to read as follows:
(b) The court may also exercise personal jurisdiction over a
person on whom service of citation is required or over the person's
personal representative, although the person is not a resident or
domiciliary of this state, if:
(1) the person is personally served with citation in
this state;
(2) the person submits to the jurisdiction of this
state by consent, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(3) the child resides in this state as a result of the
acts or directives of the person;
(4) the person resided with the child in this state;
(5) the person resided in this state and provided
prenatal expenses or support for the child;
(6) the person engaged in sexual intercourse in this
state and the child may have been conceived by that act of
intercourse;
(7) the person, [registered with the paternity
registry maintained by the bureau of vital statistics] as provided
by Chapter 160:
(A) registered with the paternity registry
maintained by the bureau of vital statistics; or
(B) signed an acknowledgment of paternity of a
child born in this state; or
(8) there is any basis consistent with the
constitutions of this state and the United States for the exercise
of the personal jurisdiction.
SECTION 3. Subsections (b) and (c), Section 154.062, Family
Code, are amended to read as follows:
(b) Resources include:
(1) 100 percent of all wage and salary income and other
compensation for personal services (including commissions,
overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting
operating expenses and mortgage payments, but not including noncash
items such as depreciation); and
(5) all other income actually being received,
including severance pay, retirement benefits, pensions, trust
income, annuities, capital gains, social security benefits other
than supplemental security income, unemployment benefits,
disability and workers' compensation benefits, interest income
from notes regardless of the source, gifts and prizes, spousal
maintenance, and alimony.
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable; or
(3) benefits paid in accordance with federal public
assistance programs [aid for families with dependent children].
SECTION 4. Subsections (a) and (b), Section 154.130, Family
Code, are amended to read as follows:
(a) Without regard to Rules 296 through 299, Texas Rules of
Civil Procedure, in rendering an order of child support, the court
shall make the findings required by Subsection (b) if:
(1) a party files a written request with the court not
later than 10 days after the date of the hearing;
(2) a party makes an oral request in open court during
the hearing; or
(3) the amount of child support ordered by the court
varies from the amount computed by applying the percentage
guidelines under Section 154.125 or 154.129, as applicable.
(b) If findings are required by this section, the court
shall state whether the application of the guidelines would be
unjust or inappropriate and shall state the following in the child
support order:
"(1) the [monthly] net resources of the obligor per
month are $______;
"(2) the [monthly] net resources of the obligee per
month are $______;
"(3) the percentage applied to the obligor's net
resources for child support [by the actual order rendered by the
court] is ______%; and
"(4) [the amount of child support if the percentage
guidelines are applied to the portion of the obligor's net
resources that does not exceed the amount provided by Section
154.125(a), Family Code, is $______;
["(5)] if applicable, the specific reasons that the
amount of child support per month ordered by the court varies from
the amount computed by applying the percentage guidelines under
Section 154.125 or 154.129, as applicable [stated in Subdivision
(4) are: ______; and
["(6) if applicable, the obligor is obligated to
support children in more than one household, and:
["(A) the number of children before the court is
______;
["(B) the number of children not before the court
residing in the same household with the obligor is ______; and
["(C) the number of children not before the court
for whom the obligor is obligated by a court order to pay support,
without regard to whether the obligor is delinquent in child
support payments, and who are not counted under Paragraph (A) or (B)
is ______]."
SECTION 5. Subsections (b), (c), and (e), Section 154.181,
Family Code, are amended to read as follows:
(b) Before a hearing on temporary orders or a final order,
if no hearing on temporary orders is held, the court shall require
the parties to the proceedings to disclose in a pleading or other
statement:
(1) if private health insurance is in effect for the
child, the identity of the insurance company providing the
coverage, the policy number, which parent is responsible for
payment of any insurance premium for the coverage, whether the
coverage is provided through a parent's employment, and the cost of
the premium; or
(2) if private health insurance is not in effect for
the child, whether:
(A) the child is receiving medical assistance
under Chapter 32, Human Resources Code;
(B) the child is receiving health benefits
coverage under the state child health plan under Chapter 62, Health
and Safety Code, and the cost of any premium; and
(C) either parent has access to private health
insurance at reasonable cost to the obligor [that parent].
(c) In rendering temporary orders, the court shall, except
for good cause shown, order that any health insurance coverage in
effect for the child continue in effect pending the rendition of a
final order, except that the court may not require the continuation
of any health insurance that is not available to the parent at
reasonable cost to the obligor. If there is no health insurance
coverage in effect for the child or if the insurance in effect is
not available at a reasonable cost to the obligor, the court shall,
except for good cause shown, order health care coverage for the
child as provided under Section 154.182.
(e) In this section, "reasonable cost" means the cost of
health insurance coverage for a child that does not exceed nine
percent of the obligor's [responsible parent's] annual resources,
as described by Section 154.062(b), if the obligor is responsible
under a medical support order for the cost of health insurance
coverage for only one child. If the obligor is responsible under a
medical support order for the cost of health insurance coverage for
more than one child, "reasonable cost" means the total cost of
health insurance coverage for all children for which the obligor is
responsible under a medical support order that does not exceed nine
percent of the obligor's annual resources, as described by Section
154.062(b).
SECTION 6. Subsections (a), (b), (b-1), (b-2), and (c),
Section 154.182, Family Code, are amended to read as follows:
(a) The court shall consider the cost, accessibility, and
quality of health insurance coverage available to the parties and
shall give priority to health insurance coverage available through
the employment of one of the parties if the coverage is available at
a reasonable cost to the obligor.
(b) In determining the manner in which health care coverage
for the child is to be ordered, the court shall render its order in
accordance with the following priorities, unless a party shows good
cause why a particular order would not be in the best interest of
the child:
(1) if health insurance is available for the child
through a parent's employment or membership in a union, trade
association, or other organization at reasonable cost to the
obligor [parent], the court shall order that parent to include the
child in the parent's health insurance;
(2) if health insurance is not available for the child
under Subdivision (1) but is available to a parent from another
source and at a reasonable cost to the obligor, the court may order
that parent to provide health insurance for the child; or
(3) if health insurance coverage is not available for
the child under Subdivision (1) or (2), the court shall order the
obligor to pay the obligee, in addition to any amount ordered under
the guidelines for child support, an amount, not to exceed the
maximum amount that the obligor could be required to pay for health
insurance under this subchapter [nine percent of the obligor's
monthly resources], as cash medical support for the child.
(b-1) If the parent ordered to provide health insurance
under Subsection (b)(1) or (2) is the obligee, the court shall order
the obligor to pay the obligee, as additional child support, an
amount equal to the actual cost of health insurance for the child,
but not to exceed a reasonable cost to the obligor. In calculating
the actual cost of health insurance for the child, if the obligee
has other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligee for the
insurance by the total number of minor dependents, including the
child covered under the plan.
(b-2) If the court finds that neither parent has access to
private health insurance at a reasonable cost to the obligor, the
court shall order the parent awarded the exclusive right to
designate the child's primary residence or, to the extent permitted
by law, the other parent to apply immediately on behalf of the child
for participation in a government medical assistance program or
health plan. If the child participates in a government medical
assistance program or health plan, the court shall order cash
medical support under Subsection (b)(3).
(c) In this section:
(1) "Accessibility" means the extent to which health
insurance coverage for a child provides for the availability of
medical care within a reasonable traveling distance and time from
the child's primary residence, as determined by the court.
(2) "Reasonable[, "reasonable] cost" has the meaning
assigned by Section 154.181(e).
SECTION 7. Subsection (c), Section 154.183, Family Code, is
amended to read as follows:
(c) As additional child support, the court shall allocate
between the parties, according to their circumstances:
(1) [,] the reasonable and necessary health care
expenses, including vision and dental expenses, of the [of a] child
that are not reimbursed by health insurance or are not otherwise
covered by the amount of cash medical support ordered under Section
154.182(b)(3); and
(2) amounts paid by either party as deductibles or
copayments in obtaining health care services for the child covered
under a health insurance policy.
SECTION 8. Subsection (c), Section 154.187, Family Code, is
amended to read as follows:
(c) An employer who has received an order or notice under
this subchapter shall provide to the sender, by first class mail not
later than the 30th day after the date the employer receives the
order or notice, a statement that the child:
(1) has been enrolled in the employer's [a] health
insurance plan or is already enrolled in another health insurance
plan in accordance with a previous child support or medical support
order to which the employee is subject; or
(2) cannot be enrolled or cannot be enrolled
permanently in the employer's [a] health insurance plan and provide
the reason why coverage or permanent coverage cannot be provided.
SECTION 9. Subsection (b), Section 154.191, Family Code, is
amended to read as follows:
(b) This subchapter does not limit the authority of the
court to render or modify a medical support order to provide
[containing a provision] for payment of uninsured health expenses,
health care costs, or health insurance premiums in a manner
consistent [that are in addition to and inconsistent] with this
subchapter.
SECTION 10. Subsection (b), Section 157.005, Family Code,
is amended to read as follows:
(b) The court retains jurisdiction to confirm the total
amount of child support arrearages and render a cumulative money
judgment for past-due child support, as provided by Section
157.263, if a motion for enforcement requesting a cumulative money
judgment is filed not later than the 10th anniversary after the
date:
(1) the child becomes an adult; or
(2) on which the child support obligation terminates
under the child support order or by operation of law.
SECTION 11. Subchapter A, Chapter 157, Family Code, is
amended by adding Section 157.009 to read as follows:
Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS.
In addition to any other credit or offset available to an obligor
under this title, if a child for whom the obligor owes child support
receives a lump-sum payment as a result of the obligor's disability
and that payment is made to the obligee as the representative payee
of the child, the obligor is entitled to a credit. The credit under
this section is equal to the amount of the lump-sum payment and
shall be applied to any child support arrearage and interest owed by
the obligor on behalf of that child at the time the payment is made.
SECTION 12. Subsection (d), Section 157.162, Family Code,
is amended to read as follows:
(d) If the court determines that a respondent has failed to
make one or more periodic child support payments as ordered by the
court, the [The] court may [not] find the [a] respondent in contempt
of court regardless of whether [for failure to pay child support if]
the respondent appears at the hearing with a copy of the payment
record or other evidence [satisfactory to the court] showing that
the respondent, as of the time of the hearing, is current in the
payment of child support [as ordered by the court].
SECTION 13. Subsection (f), Section 157.262, Family Code,
is amended to read as follows:
(f) The money judgment for arrearages rendered by the court
may be subject to a counterclaim or offset as provided by this title
[subchapter].
SECTION 14. Section 157.264, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) An order rendered under Subsection (b) does not preclude
or limit the use of any other means for enforcement of the judgment.
SECTION 15. Section 158.203, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) An employer with 250 or more employees shall remit a
payment required under this section [For payments made] by
electronic funds transfer or electronic data interchange[, the
employer shall transmit the amount withheld] not later than the
second business day after the pay date.
(b-1) An employer with fewer than 250 employees may remit a
payment required under this section by electronic funds transfer or
electronic data interchange. A payment remitted by the employer
electronically must be remitted not later than the date specified
by Subsection (b).
SECTION 16. Subsections (a), (b), and (c), Section 158.215,
Family Code, are amended to read as follows:
(a) In this section, "lump-sum payment" means income in the
form of a bonus or [commission or] an amount paid in lieu of
vacation or other leave time. The term does not include an
employee's usual earnings or an amount paid as severance pay on
termination of employment.
(b) This section applies only to an employer who receives an
administrative writ of withholding in a Title IV-D case [that
requires that an obligor's income be withheld for child support
arrearages].
(c) An employer to whom this section applies may not make a
lump-sum payment to the obligor in the amount of $500 or more
without first notifying the Title IV-D agency [that issued the
writ] to determine whether all or a portion of the payment should be
applied to [the] child support arrearages owed by the obligor.
SECTION 17. Subsection (a), Section 159.611, Family Code,
is amended to read as follows:
(a) Except as provided by Section 159.615, on petition a
tribunal of this state may modify a child support order issued in
another state and registered in this state only if Section 159.613
does not apply and after notice and hearing the tribunal finds that:
(1) the following requirements are met:
(A) the child, the obligee who is an individual,
and the obligor do not reside in the issuing state;
(B) a petitioner who is a nonresident of this
state seeks modification; and
(C) the respondent is subject to the personal
jurisdiction of the tribunal of this state; or
(2) this state is the state of residence of the child
[and the child], or a party who is an individual[,] is subject to
the personal jurisdiction of the tribunal of this state, and all of
the parties who are individuals have filed consents in a record in
the issuing tribunal [consents] for a tribunal of this state to
modify the support order and assume continuing, exclusive
jurisdiction.
SECTION 18. Subsection (a), Section 160.103, Family Code,
is amended to read as follows:
(a) Except as provided by Chapter 233, this [This] chapter
governs every determination of parentage in this state.
SECTION 19. Subsection (b), Section 160.601, Family Code,
is amended to read as follows:
(b) The proceeding is governed by the Texas Rules of Civil
Procedure, except as provided by Chapter 233.
SECTION 20. Subsection (e), Section 201.009, Family Code,
is amended to read as follows:
(e) On a request for a de novo hearing, the referring court
may consider testimony or other evidence in the record[, if the
record is taken by a court reporter,] in addition to witnesses or
other matters presented under Section 201.015.
SECTION 21. Subsection (c), Section 201.015, Family Code,
is amended to read as follows:
(c) In the de novo hearing before the referring court, the
parties may present witnesses on the issues specified in the
request for hearing. The referring court may also consider the
record from the hearing before the associate judge, including the
charge to and verdict returned by a jury[, if the record was taken
by a court reporter].
SECTION 22. Section 231.015, Family Code, is amended to
read as follows:
Sec. 231.015. INSURANCE REPORTING [PILOT] PROGRAM. (a) In
consultation with the Texas Department of Insurance and
representatives of the insurance industry in this state, including
insurance trade associations, the Title IV-D agency by rule shall
operate [establish] a [pilot] program to improve the enforcement of
child support, including the use of child support liens under
Chapter 157. The [pilot] program shall provide for procedures,
including data matches, [develop processes] under which insurance
companies shall [may voluntarily] cooperate with the Title IV-D
agency in identifying obligors who owe child support arrearages or
who are subject to liens for child support arrearages to intercept
certain liability insurance settlements or awards for claims in
satisfaction of the arrearage amounts.
(b) An insurance company that provides information or
[otherwise] responds to a notice of child support lien or levy under
Subchapter G, Chapter 157, or acts in good faith to comply with
procedures established by the Title IV-D agency [in the pilot
program] under this section is not liable for those acts under any
law to any person.
SECTION 23. Section 231.202, Family Code, is amended to
read as follows:
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
CASES. In a Title IV-D case filed under this title, including a
case filed under Chapter 159, the Title IV-D agency shall pay only
the following costs and fees:
(1) filing fees and fees for issuance and service of
process as provided by Chapter 110 of this code and by Sections
51.317(b)(1), (2), and (3) and (b-1) [51.317], 51.318(b)(2), and
51.319(2), Government Code;
(2) fees for transfer as provided by Chapter 110;
(3) fees for the issuance and delivery of orders and
writs of income withholding in the amounts provided by Chapter 110;
(4) the fee that sheriffs and constables are
authorized to charge for serving process under Section 118.131,
Local Government Code, for each item of process to each individual
on whom service is required, including service by certified or
registered mail, to be paid to a sheriff, constable, or clerk
whenever service of process is required;
(5) the fee for filing an administrative writ of
withholding under Section 158.503(d); and
(6) the fee for issuance of a subpoena as provided by
Section 51.318(b)(1), Government Code.
SECTION 24. Subsection (a), Section 232.005, Family Code,
is amended to read as follows:
(a) A petition under this chapter must state that license
suspension is required under Section 232.003 and allege:
(1) the name and, if known, social security number of
the individual;
(2) [with regard to each license, the type, and if
known, number of any license the individual is believed to hold and]
the name of the licensing authority that issued a [the] license the
individual is believed to hold; and
(3) the amount of arrearages owed under the child
support order or the facts associated with the individual's failure
to comply with:
(A) a subpoena; or
(B) the terms of a court order providing for the
possession of or access to a child.
SECTION 25. Section 34.001, Civil Practice and Remedies
Code, is amended by adding Subsection (c) to read as follows:
(c) This section does not apply to a judgment for child
support under the Family Code.
SECTION 26. Section 12.0011, Property Code, is amended by
adding Subsection (d) to read as follows:
(d) This section does not apply to a child support lien
notice issued by the Title IV-D agency under Chapter 157, Family
Code. For purposes of this subsection, "Title IV-D agency" has the
meaning assigned by Section 101.033, Family Code.
SECTION 27. Subsection (c), Section 601.454,
Transportation Code, is amended to read as follows:
(c) Information obtained under this subchapter is
confidential. The agent:
(1) may use the information only for a purpose
authorized under this subchapter;
(2) [and] may not use the information for a commercial
purpose; and
(3) on request, and subject to appropriate safeguards
to protect the privacy of motor vehicle owners developed by the
implementing agencies and the attorney general, may provide the
information to the attorney general for the purpose of enforcing
child support obligations.
SECTION 28. Subsection (c), Section 154.130, Subsection
(d), Section 154.182, and Section 234.011, Family Code, are
repealed.
SECTION 29. Section 102.009, Family Code, as amended by
this Act, applies to a proceeding under Chapter 233, Family Code,
that is pending before the Title IV-D agency or initiated by the
Title IV-D agency on or after the effective date of that provision.
SECTION 30. Section 102.011, Family Code, as amended by
this Act, applies only to an acknowledgment of paternity signed on
or after the effective date of that provision.
SECTION 31. Sections 154.062 and 154.130, Family Code, as
amended by this Act, apply only to a suit affecting the parent-child
relationship that is commenced on or after the effective date of
those provisions. A suit affecting the parent-child relationship
commenced before the effective date of those provisions is governed
by the law in effect on the date the suit was commenced, and the
former law is continued in effect for that purpose.
SECTION 32. Sections 154.181, 154.182, 154.183, and
154.191, Family Code, as amended by this Act, apply to a suit
affecting the parent-child relationship pending in a trial court on
or filed on or after the effective date of those provisions.
SECTION 33. Section 154.187, Family Code, as amended by
this Act, applies to an order or notice received by an employer on
or after the effective date of that provision. An order or notice
received by an employer before the effective date of that provision
is governed by the law in effect on the date the order or notice was
received, and the former law is continued in effect for that
purpose.
SECTION 34. Section 157.009, Family Code, as added by this
Act, applies only to a money judgment for child support arrearages
that is rendered on or after the effective date of that provision.
A money judgment for child support arrearages rendered before the
effective date of that provision is governed by the law in effect on
the date that the judgment was rendered, and the former law is
continued in effect for that purpose.
SECTION 35. Section 157.162, Family Code, as amended by
this Act, applies to a hearing to enforce an order in a suit
affecting the parent-child relationship that commences on or after
the effective date of that provision. A hearing that commences
before the effective date of that provision is governed by the law
in effect on the date the hearing commenced, and the former law is
continued in effect for that purpose.
SECTION 36. Section 158.203, Family Code, as amended by
this Act, applies to child support payments withheld by an employer
on or after September 1, 2009.
SECTION 37. Sections 201.009 and 201.015, Family Code, as
amended by this Act, apply only to a hearing before an associate
judge that is commenced on or after the effective date of those
provisions. A hearing before an associate judge that commenced
before the effective date of those provisions is governed by the law
in effect on the date the hearing commenced, and the former law is
continued in effect for that purpose.
SECTION 38. Section 232.005, Family Code, as amended by
this Act, applies only to a petition filed on or after the effective
date of that provision. A petition filed before the effective date
of that provision is governed by the law in effect on the date the
petition was filed, and the former law is continued in effect for
that purpose.
SECTION 39. Section 34.001, Civil Practice and Remedies
Code, as amended by this Act, applies to each judgment for child
support under the Family Code, regardless of the date on which the
judgment was rendered.
SECTION 40. (a) Except as provided by Subsection (b) of
this section:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2009.
(b) The change in law made by this Act to Section 158.203,
Family Code, takes effect September 1, 2009.