S.B. No. 865
AN ACT
relating to child support enforcement and disbursement and to
health care coverage for children in Title IV-D cases.
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. Section 110.006, Family Code, is amended to read
as follows:
Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND
CHILD SUPPORT SERVICE FEES. (a) If an administering entity of a
domestic relations office adopts an initial operations fee under
Section 203.005(a)(1) [or an initial child support service fee
under Section 203.005(a)(2)], the clerk of the court shall:
(1) collect the operations fee at the time the
original suit, motion for modification, or motion for enforcement,
as applicable, is filed; and
(2) send the fee to the domestic relations office.
(b) If an administering entity of a domestic relations
office adopts an initial child support service fee under Section
203.005(a)(2), the clerk of the court shall:
(1) collect the child support service fee at the time
the original suit is filed; and
(2) send the fee to the domestic relations office.
(c) The fees described by Subsections (a) and (b) are not
filing fees for purposes of Section 110.002 or 110.003.
SECTION 4. 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 5. Subsection (a-1), Section 154.125, Family Code,
is amended to read as follows:
(a-1) The dollar amount prescribed by Subsection (a) is
adjusted every six years as necessary to reflect inflation. The
Title IV-D agency shall compute the adjusted amount, to take effect
beginning September 1 of the year of the adjustment, based on the
percentage change in the consumer price index during the 72-month
[preceding six-year] period preceding March 1 of the year of the
adjustment [in the consumer price index], as rounded to the nearest
$50 increment. The Title IV-D agency shall publish the adjusted
amount in the Texas Register before September 1 of the year in which
the adjustment takes effect. For purposes of this subsection,
"consumer price index" has the meaning assigned by Section 341.201,
Finance Code.
SECTION 6. Section 154.130, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) 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.
(a-1) If findings under this section are required as a
result of the request by a party under Subsection (a)(1) or (2), the
court shall make and enter the findings not later than the 15th day
after the date of the party's request.
(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 7. 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 8. 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
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 at reasonable
cost from another source, including the program under Section
154.1826 to provide health insurance in Title IV-D cases [and at a
reasonable cost], 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 nine
percent of the obligor's annual [monthly] resources, as described
by Section 154.062(b), 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 9. Subchapter D, Chapter 154, Family Code, is
amended by adding Sections 154.1826 and 154.1827 to read as
follows:
Sec. 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN
TITLE IV-D CASES. (a) In this section:
(1) "Health benefit plan issuer" means an insurer,
health maintenance organization, or other entity authorized to
provide health benefits coverage under the laws of this state.
(2) "Health care provider" means a physician or other
person who is licensed, certified, or otherwise authorized to
provide a health care service in this state.
(3) "Program" means the child health care program
developed under this section.
(4) "Reasonable cost" has the meaning assigned by
Section 154.181(e).
(5) "Third-party administrator" means a person who is
not a health benefit plan issuer or agent of a health benefit plan
issuer and who provides administrative services for the program,
including processing enrollment of eligible children in the program
and processing premium payments on behalf of the program.
(b) In consultation with the Texas Department of Insurance,
the Health and Human Services Commission, and representatives of
the insurance industry in this state, the Title IV-D agency shall
develop and implement a statewide program to address the health
care needs of children in Title IV-D cases for whom health insurance
is not available to either parent at reasonable cost under Section
154.182(b)(1) or under Section 154.182(b)(2) from a source other
than the program.
(c) The director of the Title IV-D agency may establish an
advisory committee to consult with the director regarding the
implementation and operation of the program. If the director
establishes an advisory committee, the director may appoint any of
the following persons to the advisory committee:
(1) representatives of appropriate public and private
entities, including state agencies concerned with health care
management;
(2) members of the judiciary;
(3) members of the legislature; and
(4) representatives of the insurance industry.
(d) The principal objective of the program is to provide
basic health care services, including office visits with health
care providers, hospitalization, and diagnostic and emergency
services, to eligible children in Title IV-D cases at reasonable
cost to the parents obligated by court order to provide medical
support for the children.
(e) The Title IV-D agency may use available private
resources, including gifts and grants, in administering the
program.
(f) The Title IV-D agency shall adopt rules as necessary to
implement the program. The Title IV-D agency shall consult with the
Texas Department of Insurance and the Health and Human Services
Commission in establishing policies and procedures for the
administration of the program and in determining appropriate
benefits to be provided under the program.
(g) A health benefit plan issuer that participates in the
program may not deny health care coverage under the program to
eligible children because of preexisting conditions or chronic
illnesses. A child who is determined to be eligible for coverage
under the program continues to be eligible until the termination of
the parent's duty to pay child support as specified by Section
154.006. Enrollment of a child in the program does not preclude the
subsequent enrollment of the child in another health care plan that
becomes available to the child's parent at reasonable cost,
including a health care plan available through the parent's
employment or the state child health plan under Chapter 62, Health
and Safety Code.
(h) The Title IV-D agency shall contract with an independent
third-party administrator to provide necessary administrative
services for operation of the program.
(i) A person acting as a third-party administrator under
Subsection (h) is not considered an administrator for purposes of
Chapter 4151, Insurance Code.
(j) The Title IV-D agency shall solicit applications for
participation in the program from health benefit plan issuers that
meet requirements specified by the agency. Each health benefit
plan issuer that participates in the program must hold a
certificate of authority issued by the Texas Department of
Insurance.
(k) The Title IV-D agency shall promptly notify the courts
of this state when the program has been implemented and is available
to provide for the health care needs of children described by
Subsection (b). The notification must specify a date beginning on
which children may be enrolled in the program.
(l) On or after the date specified in the notification
required by Subsection (k), a court that orders health care
coverage for a child in a Title IV-D case shall order that the child
be enrolled in the program authorized by this section unless other
health insurance is available for the child at reasonable cost,
including the state child health plan under Chapter 62, Health and
Safety Code.
(m) Payment of premium costs for the enrollment of a child
in the program may be enforced by the Title IV-D agency against the
obligor by any means available for the enforcement of a child
support obligation, including income withholding under Chapter
158.
(n) The program is not subject to any provision of the
Insurance Code or other law that requires coverage or the offer of
coverage of a health care service or benefit.
(o) Any health information obtained by the program, or by a
third-party administrator providing program services, that is
subject to the Health Insurance Portability and Accountability Act
of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181, Health and
Safety Code, is confidential and not open to public inspection. Any
personally identifiable financial information or supporting
documentation of a parent whose child is enrolled in the program
that is obtained by the program, or by a third-party administrator
providing program services, is confidential and not open to public
inspection.
Sec. 154.1827. ADMINISTRATIVE ADJUSTMENT OF MEDICAL
SUPPORT ORDER. (a) In each Title IV-D case in which a medical
support order requires that a child be enrolled in a health care
program under Section 154.1826, the Title IV-D agency may
administratively adjust the order as necessary on an annual basis
to reflect changes in the amount of premium costs associated with
the child's enrollment.
(b) The Title IV-D agency shall provide notice of the
administrative adjustment to the obligor and the clerk of the court
that rendered the order.
SECTION 10. 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 11. 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 12. 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 13. 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 14. 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 15. Section 157.162, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsection (d), the court may award the
petitioner costs of court and reasonable attorney's fees in a
proceeding described by that subsection if the court finds that:
(1) on the date the motion for enforcement was filed,
the respondent was not current in the payment of child support as
ordered by the court; and
(2) the respondent made the child support payments
described by Subsection (d) after the date the respondent was
served notice of the motion or otherwise discovered that the motion
for enforcement had been filed.
SECTION 16. 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 17. 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 18. Section 157.268, Family Code, is amended to
read as follows:
Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
support collected shall be applied in the following order of
priority:
(1) current child support;
(2) non-delinquent child support owed;
(3) [interest on the principal amounts specified in
Subdivisions (4) and (5);
[(4)] the principal amount of child support that has
not been confirmed and reduced to money judgment;
(4) [(5)] the principal amount of child support that
has been confirmed and reduced to money judgment;
(5) interest on the principal amounts specified in
Subdivisions (3) and (4); and
(6) the amount of any ordered attorney's fees or costs,
or Title IV-D service fees authorized under Section 231.103 for
which the obligor is responsible.
SECTION 19. 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 20. 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 21. 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 22. 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 23. 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 24. 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 25. 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 26. Subsection (a), Section 203.005, Family Code,
is amended to read as follows:
(a) The administering entity may authorize a domestic
relations office to assess and collect:
(1) an initial operations fee not to exceed $15 to be
paid to the domestic relations office on each [the] filing of an
original [a] suit, motion for modification, or motion for
enforcement;
(2) in a county that has a child support enforcement
cooperative agreement with the Title IV-D agency, an initial child
support service fee not to exceed $36 to be paid to the domestic
relations office on the filing of an original [a] suit;
(3) a reasonable application fee to be paid by an
applicant requesting services from the office;
(4) a reasonable attorney's fee and court costs
incurred or ordered by the court;
(5) a monthly service fee not to exceed $3 to be paid
annually in advance by a managing conservator and possessory
conservator for whom the domestic relations office provides child
support services;
(6) community supervision fees as provided by Chapter
157 if community supervision officers are employed by the domestic
relations office;
(7) a reasonable fee for preparation of a
court-ordered social study;
(8) in a county that provides visitation services
under Sections 153.014 and 203.004 a reasonable fee to be paid to
the domestic relations office at the time the visitation services
are provided;
(9) a fee to reimburse the domestic relations office
for a fee required to be paid under Section 158.503(d) for filing an
administrative writ of withholding;
(10) a reasonable fee for parenting coordinator
services; and
(11) a reasonable fee for alternative dispute
resolution services.
SECTION 27. 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 28. 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 for services provided by [that] sheriffs
and constables, including:
(A) a fee [are] authorized [to charge for serving
process] under Section 118.131, Local Government Code, for serving
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]; and
(B) a fee authorized under Section 157.103(b) for
serving a capias;
(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; and
(7) a fee authorized under a local rule for the
electronic filing of documents with a clerk.
SECTION 29. 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 30. Section 234.010, Family Code, is amended to
read as follows:
Sec. 234.010. DIRECT DEPOSIT AND ELECTRONIC BENEFITS
TRANSFER OF CHILD SUPPORT PAYMENTS. (a) The state disbursement
unit authorized under this chapter may make a direct deposit of
[transmit] a child support payment to an obligee by electronic
funds transfer into [if the obligee maintains] an account with a
financial institution maintained by the obligee. It is the
responsibility of the obligee to notify the state disbursement unit
of:
(1) the existence of an account;
(2) the appropriate routing information for direct
deposit by electronic funds transfer into an account; and
(3) any modification to account information
previously provided to the state disbursement unit, including
information that an account has been closed.
(b) Except as provided by Subsection (d), the state
disbursement unit shall deposit a child support payment by
electronic funds transfer into a debit card account established for
the obligee by the Title IV-D agency if the obligee:
(1) does not maintain an account with a financial
institution;
(2) fails to notify the state disbursement unit of the
existence of an account maintained with a financial institution; or
(3) closes an account maintained with a financial
institution previously used to accept direct deposit of a child
support payment without establishing a new account and notifying
the state disbursement unit of the new account in accordance with
Subsection (a) [The work group convened under this subchapter may
develop a plan to assist an obligee who does not have an account
with a financial institution to obtain an account].
(c) The Title IV-D agency shall:
(1) issue a debit card to each obligee for whom a debit
card account is established under Subsection (b); and
(2) provide the obligee with instructions for
activating and using the debit card [work group may determine
whether it is feasible and cost-effective for the state to
administer an electronic benefits transfer system for child support
obligees and may recommend implementation of such a system to the
Title IV-D agency].
(c-1) Chapter 604, Business & Commerce Code, does not apply
to a debit card issued under Subsection (c).
(d) An obligee may decline in writing to receive child
support payments by electronic funds transfer into an account with
a financial institution or a debit card account and request that
payments be provided by paper warrants if the obligee alleges that
receiving payments by electronic funds transfer would impose a
substantial hardship [After receiving any recommendations by the
work group under Subsection (c), the Title IV-D agency or the vendor
selected by the Title IV-D agency to operate the state disbursement
unit may provide for electronic benefits transfer, if the request
for proposals issued by the Title IV-D agency and any contract
resulting from the selection of a vendor to provide the services
specified in the request for proposals provides for electronic
benefits transfer].
(e) A child support payment disbursed by the state
disbursement unit by electronic funds transfer into an account with
a financial institution maintained by the obligee or into a debit
card account established for the obligee under Subsection (b) is
solely the property of the obligee [The work group may recommend and
the Title IV-D agency may establish procedures to implement this
section.
[(f) The Title IV-D agency, after receiving the
recommendation of the work group, may require an obligee to receive
payments by direct deposit to the obligee's bank account or by
electronic benefits transfer to an account established by the Title
IV-D agency or the state disbursement unit if the account is
established at no cost to the obligee].
SECTION 31. 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 32. Subsection (e), Section 501.014, Government
Code, is amended to read as follows:
(e) On notification by a court, the department shall
withdraw from an inmate's account any amount the inmate is ordered
to pay by order of the court under this subsection. On receipt of a
valid court order requiring an inmate to pay child support, the
department shall withdraw the appropriate amount from the inmate's
account under this subsection, regardless of whether the court
order is provided by the court or another person. The department
shall make a payment under this subsection as ordered by the court
to either the court or the party specified in the court order. The
department is not liable for withdrawing or failing to withdraw
money or making payments or failing to make payments under this
subsection. The department shall make withdrawals and payments
from an inmate's account under this subsection according to the
following schedule of priorities:
(1) as payment in full for all orders for child
support;
(2) as payment in full for all orders for restitution;
(3) as payment in full for all orders for
reimbursement of the Health and [Texas Department of] Human
Services Commission for financial assistance provided for the
child's health needs under Chapter 31, Human Resources Code, to a
child of the inmate;
(4) as payment in full for all orders for court fees
and costs;
(5) as payment in full for all orders for fines; and
(6) as payment in full for any other court order,
judgment, or writ.
SECTION 33. 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 34. Section 72.101, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to money collected as child
support that:
(1) is being held for disbursement by the state
disbursement unit under Chapter 234, Family Code, or a local
registry, as defined by Section 101.018, Family Code, pending
identification and location of the person to whom the money is owed;
or
(2) has been disbursed by the state disbursement unit
under Chapter 234, Family Code, by electronic funds transfer into a
child support debit card account established for an individual
under Section 234.010, Family Code, but not activated by the
individual.
SECTION 35. Subdivision (1), Subsection (a), Section
73.001, Property Code, is amended to read as follows:
(1) "Account" means funds deposited with a depository
in an interest-bearing account, a checking or savings account, or a
child support debit card account established under Section 234.010,
Family Code, or funds received by a depository in exchange for the
purchase of a stored value card.
SECTION 36. 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 37. Subsection (c), Section 154.130, Subsection
(d), Section 154.182, and Section 234.011, Family Code, are
repealed.
SECTION 38. 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 39. 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 40. 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 41. 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 42. 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 43. 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 44. The change in law made by Subsection (e),
Section 157.162, Family Code, as added by this Act, applies only to
a motion for enforcement that is filed on or after the effective
date of this Act. A motion for enforcement filed before the
effective date of this Act is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 45. Section 157.268, Family Code, as amended by
this Act, applies only to child support collected on or after
January 1, 2010.
SECTION 46. 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 47. 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 48. The changes in law made by this Act to Section
231.202, Family Code, by the amendment of Subdivision (4) and the
enactment of Subdivision (7) of that section apply to a suit
affecting the parent-child relationship pending in a trial court on
or filed on or after September 1, 2009.
SECTION 49. 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 50. 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 51. (a) Except as provided by Subsections (b) and
(c) 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 157.268,
Family Code, takes effect January 1, 2010.
(c) The changes in law made by this Act to Subsection (b),
Section 154.182, and Sections 158.203 and 231.202, Family Code,
take effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 865 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 28, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 865 passed the House, with
amendments, on May 21, 2009, by the following vote: Yeas 138,
Nays 0, four present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor