Texas 2009 - 81st Regular

Texas Senate Bill SB865 Compare Versions

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1	1	S.B. No. 865
2	2
3	3
4	4	AN ACT
5	5	relating to child support enforcement and disbursement and to
6	6	health care coverage for children in Title IV-D cases.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 102.009, Family Code, is amended by
9	9	adding Subsection (e) to read as follows:
10	10	(e) In a proceeding under Chapter 233, the requirements
11	11	imposed by Subsections (a) and (c) do not apply to the extent of any
12	12	conflict between those requirements and the provisions in Chapter
13	13	233.
14	14	SECTION 2. Subsection (b), Section 102.011, Family Code, is
15	15	amended to read as follows:
16	16	(b) The court may also exercise personal jurisdiction over a
17	17	person on whom service of citation is required or over the person's
18	18	personal representative, although the person is not a resident or
19	19	domiciliary of this state, if:
20	20	(1) the person is personally served with citation in
21	21	this state;
22	22	(2) the person submits to the jurisdiction of this
23	23	state by consent, by entering a general appearance, or by filing a
24	24	responsive document having the effect of waiving any contest to
25	25	personal jurisdiction;
26	26	(3) the child resides in this state as a result of the
27	27	acts or directives of the person;
28	28	(4) the person resided with the child in this state;
29	29	(5) the person resided in this state and provided
30	30	prenatal expenses or support for the child;
31	31	(6) the person engaged in sexual intercourse in this
32	32	state and the child may have been conceived by that act of
33	33	intercourse;
34	34	(7) the person, [registered with the paternity
35	35	registry maintained by the bureau of vital statistics] as provided
36	36	by Chapter 160:
37	37	(A) registered with the paternity registry
38	38	maintained by the bureau of vital statistics; or
39	39	(B) signed an acknowledgment of paternity of a
40	40	child born in this state; or
41	41	(8) there is any basis consistent with the
42	42	constitutions of this state and the United States for the exercise
43	43	of the personal jurisdiction.
44	44	SECTION 3. Section 110.006, Family Code, is amended to read
45	45	as follows:
46	46	Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND
47	47	CHILD SUPPORT SERVICE FEES. (a) If an administering entity of a
48	48	domestic relations office adopts an initial operations fee under
49	49	Section 203.005(a)(1) [or an initial child support service fee
50	50	under Section 203.005(a)(2)], the clerk of the court shall:
51	51	(1) collect the operations fee at the time the
52	52	original suit, motion for modification, or motion for enforcement,
53	53	as applicable, is filed; and
54	54	(2) send the fee to the domestic relations office.
55	55	(b) If an administering entity of a domestic relations
56	56	office adopts an initial child support service fee under Section
57	57	203.005(a)(2), the clerk of the court shall:
58	58	(1) collect the child support service fee at the time
59	59	the original suit is filed; and
60	60	(2) send the fee to the domestic relations office.
61	61	(c) The fees described by Subsections (a) and (b) are not
62	62	filing fees for purposes of Section 110.002 or 110.003.
63	63	SECTION 4. Subsections (b) and (c), Section 154.062, Family
64	64	Code, are amended to read as follows:
65	65	(b) Resources include:
66	66	(1) 100 percent of all wage and salary income and other
67	67	compensation for personal services (including commissions,
68	68	overtime pay, tips, and bonuses);
69	69	(2) interest, dividends, and royalty income;
70	70	(3) self-employment income;
71	71	(4) net rental income (defined as rent after deducting
72	72	operating expenses and mortgage payments, but not including noncash
73	73	items such as depreciation); and
74	74	(5) all other income actually being received,
75	75	including severance pay, retirement benefits, pensions, trust
76	76	income, annuities, capital gains, social security benefits other
77	77	than supplemental security income, unemployment benefits,
78	78	disability and workers' compensation benefits, interest income
79	79	from notes regardless of the source, gifts and prizes, spousal
80	80	maintenance, and alimony.
81	81	(c) Resources do not include:
82	82	(1) return of principal or capital;
83	83	(2) accounts receivable; or
84	84	(3) benefits paid in accordance with federal public
85	85	assistance programs [aid for families with dependent children].
86	86	SECTION 5. Subsection (a-1), Section 154.125, Family Code,
87	87	is amended to read as follows:
88	88	(a-1) The dollar amount prescribed by Subsection (a) is
89	89	adjusted every six years as necessary to reflect inflation. The
90	90	Title IV-D agency shall compute the adjusted amount, to take effect
91	91	beginning September 1 of the year of the adjustment, based on the
92	92	percentage change in the consumer price index during the 72-month
93	93	[preceding six-year] period preceding March 1 of the year of the
94	94	adjustment [in the consumer price index], as rounded to the nearest
95	95	$50 increment. The Title IV-D agency shall publish the adjusted
96	96	amount in the Texas Register before September 1 of the year in which
97	97	the adjustment takes effect. For purposes of this subsection,
98	98	"consumer price index" has the meaning assigned by Section 341.201,
99	99	Finance Code.
100	100	SECTION 6. Section 154.130, Family Code, is amended by
101	101	amending Subsections (a) and (b) and adding Subsection (a-1) to
102	102	read as follows:
103	103	(a) Without regard to Rules 296 through 299, Texas Rules of
104	104	Civil Procedure, in rendering an order of child support, the court
105	105	shall make the findings required by Subsection (b) if:
106	106	(1) a party files a written request with the court not
107	107	later than 10 days after the date of the hearing;
108	108	(2) a party makes an oral request in open court during
109	109	the hearing; or
110	110	(3) the amount of child support ordered by the court
111	111	varies from the amount computed by applying the percentage
112	112	guidelines under Section 154.125 or 154.129, as applicable.
113	113	(a-1) If findings under this section are required as a
114	114	result of the request by a party under Subsection (a)(1) or (2), the
115	115	court shall make and enter the findings not later than the 15th day
116	116	after the date of the party's request.
117	117	(b) If findings are required by this section, the court
118	118	shall state whether the application of the guidelines would be
119	119	unjust or inappropriate and shall state the following in the child
120	120	support order:
121	121	"(1) the [monthly] net resources of the obligor per
122	122	month are $______;
123	123	"(2) the [monthly] net resources of the obligee per
124	124	month are $______;
125	125	"(3) the percentage applied to the obligor's net
126	126	resources for child support [by the actual order rendered by the
127	127	court] is ______%; and
128	128	"(4) [the amount of child support if the percentage
129	129	guidelines are applied to the portion of the obligor's net
130	130	resources that does not exceed the amount provided by Section
131	131	154.125(a), Family Code, is $______;
132	132	["(5)] if applicable, the specific reasons that the
133	133	amount of child support per month ordered by the court varies from
134	134	the amount computed by applying the percentage guidelines under
135	135	Section 154.125 or 154.129, as applicable [stated in Subdivision
136	136	(4) are: ______; and
137	137	["(6) if applicable, the obligor is obligated to
138	138	support children in more than one household, and:
139	139	["(A) the number of children before the court is
140	140	______;
141	141	["(B) the number of children not before the court
142	142	residing in the same household with the obligor is ______; and
143	143	["(C) the number of children not before the court
144	144	for whom the obligor is obligated by a court order to pay support,
145	145	without regard to whether the obligor is delinquent in child
146	146	support payments, and who are not counted under Paragraph (A) or (B)
147	147	is ______]."
148	148	SECTION 7. Subsections (b), (c), and (e), Section 154.181,
149	149	Family Code, are amended to read as follows:
150	150	(b) Before a hearing on temporary orders or a final order,
151	151	if no hearing on temporary orders is held, the court shall require
152	152	the parties to the proceedings to disclose in a pleading or other
153	153	statement:
154	154	(1) if private health insurance is in effect for the
155	155	child, the identity of the insurance company providing the
156	156	coverage, the policy number, which parent is responsible for
157	157	payment of any insurance premium for the coverage, whether the
158	158	coverage is provided through a parent's employment, and the cost of
159	159	the premium; or
160	160	(2) if private health insurance is not in effect for
161	161	the child, whether:
162	162	(A) the child is receiving medical assistance
163	163	under Chapter 32, Human Resources Code;
164	164	(B) the child is receiving health benefits
165	165	coverage under the state child health plan under Chapter 62, Health
166	166	and Safety Code, and the cost of any premium; and
167	167	(C) either parent has access to private health
168	168	insurance at reasonable cost to the obligor [that parent].
169	169	(c) In rendering temporary orders, the court shall, except
170	170	for good cause shown, order that any health insurance coverage in
171	171	effect for the child continue in effect pending the rendition of a
172	172	final order, except that the court may not require the continuation
173	173	of any health insurance that is not available to the parent at
174	174	reasonable cost to the obligor. If there is no health insurance
175	175	coverage in effect for the child or if the insurance in effect is
176	176	not available at a reasonable cost to the obligor, the court shall,
177	177	except for good cause shown, order health care coverage for the
178	178	child as provided under Section 154.182.
179	179	(e) In this section, "reasonable cost" means the cost of
180	180	health insurance coverage for a child that does not exceed nine
181	181	percent of the obligor's [responsible parent's] annual resources,
182	182	as described by Section 154.062(b), if the obligor is responsible
183	183	under a medical support order for the cost of health insurance
184	184	coverage for only one child. If the obligor is responsible under a
185	185	medical support order for the cost of health insurance coverage for
186	186	more than one child, "reasonable cost" means the total cost of
187	187	health insurance coverage for all children for which the obligor is
188	188	responsible under a medical support order that does not exceed nine
189	189	percent of the obligor's annual resources, as described by Section
190	190	154.062(b).
191	191	SECTION 8. Subsections (a), (b), (b-1), (b-2), and (c),
192	192	Section 154.182, Family Code, are amended to read as follows:
193	193	(a) The court shall consider the cost, accessibility, and
194	194	quality of health insurance coverage available to the parties and
195	195	shall give priority to health insurance coverage available through
196	196	the employment of one of the parties if the coverage is available at
197	197	a reasonable cost to the obligor.
198	198	(b) In determining the manner in which health care coverage
199	199	for the child is to be ordered, the court shall render its order in
200	200	accordance with the following priorities, unless a party shows good
201	201	cause why a particular order would not be in the best interest of
202	202	the child:
203	203	(1) if health insurance is available for the child
204	204	through a parent's employment or membership in a union, trade
205	205	association, or other organization at reasonable cost [to the
206	206	parent], the court shall order that parent to include the child in
207	207	the parent's health insurance;
208	208	(2) if health insurance is not available for the child
209	209	under Subdivision (1) but is available to a parent at reasonable
210	210	cost from another source, including the program under Section
211	211	154.1826 to provide health insurance in Title IV-D cases [and at a
212	212	reasonable cost], the court may order that parent to provide health
213	213	insurance for the child; or
214	214	(3) if health insurance coverage is not available for
215	215	the child under Subdivision (1) or (2), the court shall order the
216	216	obligor to pay the obligee, in addition to any amount ordered under
217	217	the guidelines for child support, an amount, not to exceed nine
218	218	percent of the obligor's annual [monthly] resources, as described
219	219	by Section 154.062(b), as cash medical support for the child.
220	220	(b-1) If the parent ordered to provide health insurance
221	221	under Subsection (b)(1) or (2) is the obligee, the court shall order
222	222	the obligor to pay the obligee, as additional child support, an
223	223	amount equal to the actual cost of health insurance for the child,
224	224	but not to exceed a reasonable cost to the obligor. In calculating
225	225	the actual cost of health insurance for the child, if the obligee
226	226	has other minor dependents covered under the same health insurance
227	227	plan, the court shall divide the total cost to the obligee for the
228	228	insurance by the total number of minor dependents, including the
229	229	child covered under the plan.
230	230	(b-2) If the court finds that neither parent has access to
231	231	private health insurance at a reasonable cost to the obligor, the
232	232	court shall order the parent awarded the exclusive right to
233	233	designate the child's primary residence or, to the extent permitted
234	234	by law, the other parent to apply immediately on behalf of the child
235	235	for participation in a government medical assistance program or
236	236	health plan. If the child participates in a government medical
237	237	assistance program or health plan, the court shall order cash
238	238	medical support under Subsection (b)(3).
239	239	(c) In this section:
240	240	(1) "Accessibility" means the extent to which health
241	241	insurance coverage for a child provides for the availability of
242	242	medical care within a reasonable traveling distance and time from
243	243	the child's primary residence, as determined by the court.
244	244	(2) "Reasonable[, "reasonable] cost" has the meaning
245	245	assigned by Section 154.181(e).
246	246	SECTION 9. Subchapter D, Chapter 154, Family Code, is
247	247	amended by adding Sections 154.1826 and 154.1827 to read as
248	248	follows:
249	249	Sec. 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN
250	250	TITLE IV-D CASES. (a) In this section:
251	251	(1) "Health benefit plan issuer" means an insurer,
252	252	health maintenance organization, or other entity authorized to
253	253	provide health benefits coverage under the laws of this state.
254	254	(2) "Health care provider" means a physician or other
255	255	person who is licensed, certified, or otherwise authorized to
256	256	provide a health care service in this state.
257	257	(3) "Program" means the child health care program
258	258	developed under this section.
259	259	(4) "Reasonable cost" has the meaning assigned by
260	260	Section 154.181(e).
261	261	(5) "Third-party administrator" means a person who is
262	262	not a health benefit plan issuer or agent of a health benefit plan
263	263	issuer and who provides administrative services for the program,
264	264	including processing enrollment of eligible children in the program
265	265	and processing premium payments on behalf of the program.
266	266	(b) In consultation with the Texas Department of Insurance,
267	267	the Health and Human Services Commission, and representatives of
268	268	the insurance industry in this state, the Title IV-D agency shall
269	269	develop and implement a statewide program to address the health
270	270	care needs of children in Title IV-D cases for whom health insurance
271	271	is not available to either parent at reasonable cost under Section
272	272	154.182(b)(1) or under Section 154.182(b)(2) from a source other
273	273	than the program.
274	274	(c) The director of the Title IV-D agency may establish an
275	275	advisory committee to consult with the director regarding the
276	276	implementation and operation of the program. If the director
277	277	establishes an advisory committee, the director may appoint any of
278	278	the following persons to the advisory committee:
279	279	(1) representatives of appropriate public and private
280	280	entities, including state agencies concerned with health care
281	281	management;
282	282	(2) members of the judiciary;
283	283	(3) members of the legislature; and
284	284	(4) representatives of the insurance industry.
285	285	(d) The principal objective of the program is to provide
286	286	basic health care services, including office visits with health
287	287	care providers, hospitalization, and diagnostic and emergency
288	288	services, to eligible children in Title IV-D cases at reasonable
289	289	cost to the parents obligated by court order to provide medical
290	290	support for the children.
291	291	(e) The Title IV-D agency may use available private
292	292	resources, including gifts and grants, in administering the
293	293	program.
294	294	(f) The Title IV-D agency shall adopt rules as necessary to
295	295	implement the program. The Title IV-D agency shall consult with the
296	296	Texas Department of Insurance and the Health and Human Services
297	297	Commission in establishing policies and procedures for the
298	298	administration of the program and in determining appropriate
299	299	benefits to be provided under the program.
300	300	(g) A health benefit plan issuer that participates in the
301	301	program may not deny health care coverage under the program to
302	302	eligible children because of preexisting conditions or chronic
303	303	illnesses. A child who is determined to be eligible for coverage
304	304	under the program continues to be eligible until the termination of
305	305	the parent's duty to pay child support as specified by Section
306	306	154.006. Enrollment of a child in the program does not preclude the
307	307	subsequent enrollment of the child in another health care plan that
308	308	becomes available to the child's parent at reasonable cost,
309	309	including a health care plan available through the parent's
310	310	employment or the state child health plan under Chapter 62, Health
311	311	and Safety Code.
312	312	(h) The Title IV-D agency shall contract with an independent
313	313	third-party administrator to provide necessary administrative
314	314	services for operation of the program.
315	315	(i) A person acting as a third-party administrator under
316	316	Subsection (h) is not considered an administrator for purposes of
317	317	Chapter 4151, Insurance Code.
318	318	(j) The Title IV-D agency shall solicit applications for
319	319	participation in the program from health benefit plan issuers that
320	320	meet requirements specified by the agency. Each health benefit
321	321	plan issuer that participates in the program must hold a
322	322	certificate of authority issued by the Texas Department of
323	323	Insurance.
324	324	(k) The Title IV-D agency shall promptly notify the courts
325	325	of this state when the program has been implemented and is available
326	326	to provide for the health care needs of children described by
327	327	Subsection (b). The notification must specify a date beginning on
328	328	which children may be enrolled in the program.
329	329	(l) On or after the date specified in the notification
330	330	required by Subsection (k), a court that orders health care
331	331	coverage for a child in a Title IV-D case shall order that the child
332	332	be enrolled in the program authorized by this section unless other
333	333	health insurance is available for the child at reasonable cost,
334	334	including the state child health plan under Chapter 62, Health and
335	335	Safety Code.
336	336	(m) Payment of premium costs for the enrollment of a child
337	337	in the program may be enforced by the Title IV-D agency against the
338	338	obligor by any means available for the enforcement of a child
339	339	support obligation, including income withholding under Chapter
340	340	158.
341	341	(n) The program is not subject to any provision of the
342	342	Insurance Code or other law that requires coverage or the offer of
343	343	coverage of a health care service or benefit.
344	344	(o) Any health information obtained by the program, or by a
345	345	third-party administrator providing program services, that is
346	346	subject to the Health Insurance Portability and Accountability Act
347	347	of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181, Health and
348	348	Safety Code, is confidential and not open to public inspection. Any
349	349	personally identifiable financial information or supporting
350	350	documentation of a parent whose child is enrolled in the program
351	351	that is obtained by the program, or by a third-party administrator
352	352	providing program services, is confidential and not open to public
353	353	inspection.
354	354	Sec. 154.1827. ADMINISTRATIVE ADJUSTMENT OF MEDICAL
355	355	SUPPORT ORDER. (a) In each Title IV-D case in which a medical
356	356	support order requires that a child be enrolled in a health care
357	357	program under Section 154.1826, the Title IV-D agency may
358	358	administratively adjust the order as necessary on an annual basis
359	359	to reflect changes in the amount of premium costs associated with
360	360	the child's enrollment.
361	361	(b) The Title IV-D agency shall provide notice of the
362	362	administrative adjustment to the obligor and the clerk of the court
363	363	that rendered the order.
364	364	SECTION 10. Subsection (c), Section 154.183, Family Code,
365	365	is amended to read as follows:
366	366	(c) As additional child support, the court shall allocate
367	367	between the parties, according to their circumstances:
368	368	(1) [,] the reasonable and necessary health care
369	369	expenses, including vision and dental expenses, of the [of a] child
370	370	that are not reimbursed by health insurance or are not otherwise
371	371	covered by the amount of cash medical support ordered under Section
372	372	154.182(b)(3); and
373	373	(2) amounts paid by either party as deductibles or
374	374	copayments in obtaining health care services for the child covered
375	375	under a health insurance policy.
376	376	SECTION 11. Subsection (c), Section 154.187, Family Code,
377	377	is amended to read as follows:
378	378	(c) An employer who has received an order or notice under
379	379	this subchapter shall provide to the sender, by first class mail not
380	380	later than the 30th day after the date the employer receives the
381	381	order or notice, a statement that the child:
382	382	(1) has been enrolled in the employer's [a] health
383	383	insurance plan or is already enrolled in another health insurance
384	384	plan in accordance with a previous child support or medical support
385	385	order to which the employee is subject; or
386	386	(2) cannot be enrolled or cannot be enrolled
387	387	permanently in the employer's [a] health insurance plan and provide
388	388	the reason why coverage or permanent coverage cannot be provided.
389	389	SECTION 12. Subsection (b), Section 154.191, Family Code,
390	390	is amended to read as follows:
391	391	(b) This subchapter does not limit the authority of the
392	392	court to render or modify a medical support order to provide
393	393	[containing a provision] for payment of uninsured health expenses,
394	394	health care costs, or health insurance premiums in a manner
395	395	consistent [that are in addition to and inconsistent] with this
396	396	subchapter.
397	397	SECTION 13. Subsection (b), Section 157.005, Family Code,
398	398	is amended to read as follows:
399	399	(b) The court retains jurisdiction to confirm the total
400	400	amount of child support arrearages and render a cumulative money
401	401	judgment for past-due child support, as provided by Section
402	402	157.263, if a motion for enforcement requesting a cumulative money
403	403	judgment is filed not later than the 10th anniversary after the
404	404	date:
405	405	(1) the child becomes an adult; or
406	406	(2) on which the child support obligation terminates
407	407	under the child support order or by operation of law.
408	408	SECTION 14. Subchapter A, Chapter 157, Family Code, is
409	409	amended by adding Section 157.009 to read as follows:
410	410	Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS.
411	411	In addition to any other credit or offset available to an obligor
412	412	under this title, if a child for whom the obligor owes child support
413	413	receives a lump-sum payment as a result of the obligor's disability
414	414	and that payment is made to the obligee as the representative payee
415	415	of the child, the obligor is entitled to a credit. The credit under
416	416	this section is equal to the amount of the lump-sum payment and
417	417	shall be applied to any child support arrearage and interest owed by
418	418	the obligor on behalf of that child at the time the payment is made.
419	419	SECTION 15. Section 157.162, Family Code, is amended by
420	420	adding Subsection (e) to read as follows:
421	421	(e) Notwithstanding Subsection (d), the court may award the
422	422	petitioner costs of court and reasonable attorney's fees in a
423	423	proceeding described by that subsection if the court finds that:
424	424	(1) on the date the motion for enforcement was filed,
425	425	the respondent was not current in the payment of child support as
426	426	ordered by the court; and
427	427	(2) the respondent made the child support payments
428	428	described by Subsection (d) after the date the respondent was
429	429	served notice of the motion or otherwise discovered that the motion
430	430	for enforcement had been filed.
431	431	SECTION 16. Subsection (f), Section 157.262, Family Code,
432	432	is amended to read as follows:
433	433	(f) The money judgment for arrearages rendered by the court
434	434	may be subject to a counterclaim or offset as provided by this title
435	435	[subchapter].
436	436	SECTION 17. Section 157.264, Family Code, is amended by
437	437	adding Subsection (c) to read as follows:
438	438	(c) An order rendered under Subsection (b) does not preclude
439	439	or limit the use of any other means for enforcement of the judgment.
440	440	SECTION 18. Section 157.268, Family Code, is amended to
441	441	read as follows:
442	442	Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
443	443	support collected shall be applied in the following order of
444	444	priority:
445	445	(1) current child support;
446	446	(2) non-delinquent child support owed;
447	447	(3) [interest on the principal amounts specified in
448	448	Subdivisions (4) and (5);
449	449	[(4)] the principal amount of child support that has
450	450	not been confirmed and reduced to money judgment;
451	451	(4) [(5)] the principal amount of child support that
452	452	has been confirmed and reduced to money judgment;
453	453	(5) interest on the principal amounts specified in
454	454	Subdivisions (3) and (4); and
455	455	(6) the amount of any ordered attorney's fees or costs,
456	456	or Title IV-D service fees authorized under Section 231.103 for
457	457	which the obligor is responsible.
458	458	SECTION 19. Section 158.203, Family Code, is amended by
459	459	amending Subsection (b) and adding Subsection (b-1) to read as
460	460	follows:
461	461	(b) An employer with 250 or more employees shall remit a
462	462	payment required under this section [For payments made] by
463	463	electronic funds transfer or electronic data interchange[, the
464	464	employer shall transmit the amount withheld] not later than the
465	465	second business day after the pay date.
466	466	(b-1) An employer with fewer than 250 employees may remit a
467	467	payment required under this section by electronic funds transfer or
468	468	electronic data interchange. A payment remitted by the employer
469	469	electronically must be remitted not later than the date specified
470	470	by Subsection (b).
471	471	SECTION 20. Subsections (a), (b), and (c), Section 158.215,
472	472	Family Code, are amended to read as follows:
473	473	(a) In this section, "lump-sum payment" means income in the
474	474	form of a bonus or [commission or] an amount paid in lieu of
475	475	vacation or other leave time. The term does not include an
476	476	employee's usual earnings or an amount paid as severance pay on
477	477	termination of employment.
478	478	(b) This section applies only to an employer who receives an
479	479	administrative writ of withholding in a Title IV-D case [that
480	480	requires that an obligor's income be withheld for child support
481	481	arrearages].
482	482	(c) An employer to whom this section applies may not make a
483	483	lump-sum payment to the obligor in the amount of $500 or more
484	484	without first notifying the Title IV-D agency [that issued the
485	485	writ] to determine whether all or a portion of the payment should be
486	486	applied to [the] child support arrearages owed by the obligor.
487	487	SECTION 21. Subsection (a), Section 159.611, Family Code,
488	488	is amended to read as follows:
489	489	(a) Except as provided by Section 159.615, on petition a
490	490	tribunal of this state may modify a child support order issued in
491	491	another state and registered in this state only if Section 159.613
492	492	does not apply and after notice and hearing the tribunal finds that:
493	493	(1) the following requirements are met:
494	494	(A) the child, the obligee who is an individual,
495	495	and the obligor do not reside in the issuing state;
496	496	(B) a petitioner who is a nonresident of this
497	497	state seeks modification; and
498	498	(C) the respondent is subject to the personal
499	499	jurisdiction of the tribunal of this state; or
500	500	(2) this state is the state of residence of the child
501	501	[and the child], or a party who is an individual[,] is subject to
502	502	the personal jurisdiction of the tribunal of this state, and all of
503	503	the parties who are individuals have filed consents in a record in
504	504	the issuing tribunal [consents] for a tribunal of this state to
505	505	modify the support order and assume continuing, exclusive
506	506	jurisdiction.
507	507	SECTION 22. Subsection (a), Section 160.103, Family Code,
508	508	is amended to read as follows:
509	509	(a) Except as provided by Chapter 233, this [This] chapter
510	510	governs every determination of parentage in this state.
511	511	SECTION 23. Subsection (b), Section 160.601, Family Code,
512	512	is amended to read as follows:
513	513	(b) The proceeding is governed by the Texas Rules of Civil
514	514	Procedure, except as provided by Chapter 233.
515	515	SECTION 24. Subsection (e), Section 201.009, Family Code,
516	516	is amended to read as follows:
517	517	(e) On a request for a de novo hearing, the referring court
518	518	may consider testimony or other evidence in the record[, if the
519	519	record is taken by a court reporter,] in addition to witnesses or
520	520	other matters presented under Section 201.015.
521	521	SECTION 25. Subsection (c), Section 201.015, Family Code,
522	522	is amended to read as follows:
523	523	(c) In the de novo hearing before the referring court, the
524	524	parties may present witnesses on the issues specified in the
525	525	request for hearing. The referring court may also consider the
526	526	record from the hearing before the associate judge, including the
527	527	charge to and verdict returned by a jury[, if the record was taken
528	528	by a court reporter].
529	529	SECTION 26. Subsection (a), Section 203.005, Family Code,
530	530	is amended to read as follows:
531	531	(a) The administering entity may authorize a domestic
532	532	relations office to assess and collect:
533	533	(1) an initial operations fee not to exceed $15 to be
534	534	paid to the domestic relations office on each [the] filing of an
535	535	original [a] suit, motion for modification, or motion for
536	536	enforcement;
537	537	(2) in a county that has a child support enforcement
538	538	cooperative agreement with the Title IV-D agency, an initial child
539	539	support service fee not to exceed $36 to be paid to the domestic
540	540	relations office on the filing of an original [a] suit;
541	541	(3) a reasonable application fee to be paid by an
542	542	applicant requesting services from the office;
543	543	(4) a reasonable attorney's fee and court costs
544	544	incurred or ordered by the court;
545	545	(5) a monthly service fee not to exceed $3 to be paid
546	546	annually in advance by a managing conservator and possessory
547	547	conservator for whom the domestic relations office provides child
548	548	support services;
549	549	(6) community supervision fees as provided by Chapter
550	550	157 if community supervision officers are employed by the domestic
551	551	relations office;
552	552	(7) a reasonable fee for preparation of a
553	553	court-ordered social study;
554	554	(8) in a county that provides visitation services
555	555	under Sections 153.014 and 203.004 a reasonable fee to be paid to
556	556	the domestic relations office at the time the visitation services
557	557	are provided;
558	558	(9) a fee to reimburse the domestic relations office
559	559	for a fee required to be paid under Section 158.503(d) for filing an
560	560	administrative writ of withholding;
561	561	(10) a reasonable fee for parenting coordinator
562	562	services; and
563	563	(11) a reasonable fee for alternative dispute
564	564	resolution services.
565	565	SECTION 27. Section 231.015, Family Code, is amended to
566	566	read as follows:
567	567	Sec. 231.015. INSURANCE REPORTING [PILOT] PROGRAM. (a) In
568	568	consultation with the Texas Department of Insurance and
569	569	representatives of the insurance industry in this state, including
570	570	insurance trade associations, the Title IV-D agency by rule shall
571	571	operate [establish] a [pilot] program to improve the enforcement of
572	572	child support, including the use of child support liens under
573	573	Chapter 157. The [pilot] program shall provide for procedures,
574	574	including data matches, [develop processes] under which insurance
575	575	companies shall [may voluntarily] cooperate with the Title IV-D
576	576	agency in identifying obligors who owe child support arrearages or
577	577	who are subject to liens for child support arrearages to intercept
578	578	certain liability insurance settlements or awards for claims in
579	579	satisfaction of the arrearage amounts.
580	580	(b) An insurance company that provides information or
581	581	[otherwise] responds to a notice of child support lien or levy under
582	582	Subchapter G, Chapter 157, or acts in good faith to comply with
583	583	procedures established by the Title IV-D agency [in the pilot
584	584	program] under this section is not liable for those acts under any
585	585	law to any person.
586	586	SECTION 28. Section 231.202, Family Code, is amended to
587	587	read as follows:
588	588	Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D
589	589	CASES. In a Title IV-D case filed under this title, including a
590	590	case filed under Chapter 159, the Title IV-D agency shall pay only
591	591	the following costs and fees:
592	592	(1) filing fees and fees for issuance and service of
593	593	process as provided by Chapter 110 of this code and by Sections
594	594	51.317(b)(1), (2), and (3) and (b-1) [51.317], 51.318(b)(2), and
595	595	51.319(2), Government Code;
596	596	(2) fees for transfer as provided by Chapter 110;
597	597	(3) fees for the issuance and delivery of orders and
598	598	writs of income withholding in the amounts provided by Chapter 110;
599	599	(4) the fee for services provided by [that] sheriffs
600	600	and constables, including:
601	601	(A) a fee [are] authorized [to charge for serving
602	602	process] under Section 118.131, Local Government Code, for serving
603	603	each item of process to each individual on whom service is required,
604	604	including service by certified or registered mail[, to be paid to a
605	605	sheriff, constable, or clerk whenever service of process is
606	606	required]; and
607	607	(B) a fee authorized under Section 157.103(b) for
608	608	serving a capias;
609	609	(5) the fee for filing an administrative writ of
610	610	withholding under Section 158.503(d); [and]
611	611	(6) the fee for issuance of a subpoena as provided by
612	612	Section 51.318(b)(1), Government Code; and
613	613	(7) a fee authorized under a local rule for the
614	614	electronic filing of documents with a clerk.
615	615	SECTION 29. Subsection (a), Section 232.005, Family Code,
616	616	is amended to read as follows:
617	617	(a) A petition under this chapter must state that license
618	618	suspension is required under Section 232.003 and allege:
619	619	(1) the name and, if known, social security number of
620	620	the individual;
621	621	(2) [with regard to each license, the type, and if
622	622	known, number of any license the individual is believed to hold and]
623	623	the name of the licensing authority that issued a [the] license the
624	624	individual is believed to hold; and
625	625	(3) the amount of arrearages owed under the child
626	626	support order or the facts associated with the individual's failure
627	627	to comply with:
628	628	(A) a subpoena; or
629	629	(B) the terms of a court order providing for the
630	630	possession of or access to a child.
631	631	SECTION 30. Section 234.010, Family Code, is amended to
632	632	read as follows:
633	633	Sec. 234.010. DIRECT DEPOSIT AND ELECTRONIC BENEFITS
634	634	TRANSFER OF CHILD SUPPORT PAYMENTS. (a) The state disbursement
635	635	unit authorized under this chapter may make a direct deposit of
636	636	[transmit] a child support payment to an obligee by electronic
637	637	funds transfer into [if the obligee maintains] an account with a
638	638	financial institution maintained by the obligee. It is the
639	639	responsibility of the obligee to notify the state disbursement unit
640	640	of:
641	641	(1) the existence of an account;
642	642	(2) the appropriate routing information for direct
643	643	deposit by electronic funds transfer into an account; and
644	644	(3) any modification to account information
645	645	previously provided to the state disbursement unit, including
646	646	information that an account has been closed.
647	647	(b) Except as provided by Subsection (d), the state
648	648	disbursement unit shall deposit a child support payment by
649	649	electronic funds transfer into a debit card account established for
650	650	the obligee by the Title IV-D agency if the obligee:
651	651	(1) does not maintain an account with a financial
652	652	institution;
653	653	(2) fails to notify the state disbursement unit of the
654	654	existence of an account maintained with a financial institution; or
655	655	(3) closes an account maintained with a financial
656	656	institution previously used to accept direct deposit of a child
657	657	support payment without establishing a new account and notifying
658	658	the state disbursement unit of the new account in accordance with
659	659	Subsection (a) [The work group convened under this subchapter may
660	660	develop a plan to assist an obligee who does not have an account
661	661	with a financial institution to obtain an account].
662	662	(c) The Title IV-D agency shall:
663	663	(1) issue a debit card to each obligee for whom a debit
664	664	card account is established under Subsection (b); and
665	665	(2) provide the obligee with instructions for
666	666	activating and using the debit card [work group may determine
667	667	whether it is feasible and cost-effective for the state to
668	668	administer an electronic benefits transfer system for child support
669	669	obligees and may recommend implementation of such a system to the
670	670	Title IV-D agency].
671	671	(c-1) Chapter 604, Business & Commerce Code, does not apply
672	672	to a debit card issued under Subsection (c).
673	673	(d) An obligee may decline in writing to receive child
674	674	support payments by electronic funds transfer into an account with
675	675	a financial institution or a debit card account and request that
676	676	payments be provided by paper warrants if the obligee alleges that
677	677	receiving payments by electronic funds transfer would impose a
678	678	substantial hardship [After receiving any recommendations by the
679	679	work group under Subsection (c), the Title IV-D agency or the vendor
680	680	selected by the Title IV-D agency to operate the state disbursement
681	681	unit may provide for electronic benefits transfer, if the request
682	682	for proposals issued by the Title IV-D agency and any contract
683	683	resulting from the selection of a vendor to provide the services
684	684	specified in the request for proposals provides for electronic
685	685	benefits transfer].
686	686	(e) A child support payment disbursed by the state
687	687	disbursement unit by electronic funds transfer into an account with
688	688	a financial institution maintained by the obligee or into a debit
689	689	card account established for the obligee under Subsection (b) is
690	690	solely the property of the obligee [The work group may recommend and
691	691	the Title IV-D agency may establish procedures to implement this
692	692	section.
693	693	[(f) The Title IV-D agency, after receiving the
694	694	recommendation of the work group, may require an obligee to receive
695	695	payments by direct deposit to the obligee's bank account or by
696	696	electronic benefits transfer to an account established by the Title
697	697	IV-D agency or the state disbursement unit if the account is
698	698	established at no cost to the obligee].
699	699	SECTION 31. Section 34.001, Civil Practice and Remedies
700	700	Code, is amended by adding Subsection (c) to read as follows:
701	701	(c) This section does not apply to a judgment for child
702	702	support under the Family Code.
703	703	SECTION 32. Subsection (e), Section 501.014, Government
704	704	Code, is amended to read as follows:
705	705	(e) On notification by a court, the department shall
706	706	withdraw from an inmate's account any amount the inmate is ordered
707	707	to pay by order of the court under this subsection. On receipt of a
708	708	valid court order requiring an inmate to pay child support, the
709	709	department shall withdraw the appropriate amount from the inmate's
710	710	account under this subsection, regardless of whether the court
711	711	order is provided by the court or another person. The department
712	712	shall make a payment under this subsection as ordered by the court
713	713	to either the court or the party specified in the court order. The
714	714	department is not liable for withdrawing or failing to withdraw
715	715	money or making payments or failing to make payments under this
716	716	subsection. The department shall make withdrawals and payments
717	717	from an inmate's account under this subsection according to the
718	718	following schedule of priorities:
719	719	(1) as payment in full for all orders for child
720	720	support;
721	721	(2) as payment in full for all orders for restitution;
722	722	(3) as payment in full for all orders for
723	723	reimbursement of the Health and [Texas Department of] Human
724	724	Services Commission for financial assistance provided for the
725	725	child's health needs under Chapter 31, Human Resources Code, to a
726	726	child of the inmate;
727	727	(4) as payment in full for all orders for court fees
728	728	and costs;
729	729	(5) as payment in full for all orders for fines; and
730	730	(6) as payment in full for any other court order,
731	731	judgment, or writ.
732	732	SECTION 33. Section 12.0011, Property Code, is amended by
733	733	adding Subsection (d) to read as follows:
734	734	(d) This section does not apply to a child support lien
735	735	notice issued by the Title IV-D agency under Chapter 157, Family
736	736	Code. For purposes of this subsection, "Title IV-D agency" has the
737	737	meaning assigned by Section 101.033, Family Code.
738	738	SECTION 34. Section 72.101, Property Code, is amended by
739	739	adding Subsection (e) to read as follows:
740	740	(e) This section does not apply to money collected as child
741	741	support that:
742	742	(1) is being held for disbursement by the state
743	743	disbursement unit under Chapter 234, Family Code, or a local
744	744	registry, as defined by Section 101.018, Family Code, pending
745	745	identification and location of the person to whom the money is owed;
746	746	or
747	747	(2) has been disbursed by the state disbursement unit
748	748	under Chapter 234, Family Code, by electronic funds transfer into a
749	749	child support debit card account established for an individual
750	750	under Section 234.010, Family Code, but not activated by the
751	751	individual.
752	752	SECTION 35. Subdivision (1), Subsection (a), Section
753	753	73.001, Property Code, is amended to read as follows:
754	754	(1) "Account" means funds deposited with a depository
755	755	in an interest-bearing account, a checking or savings account, or a
756	756	child support debit card account established under Section 234.010,
757	757	Family Code, or funds received by a depository in exchange for the
758	758	purchase of a stored value card.
759	759	SECTION 36. Subsection (c), Section 601.454,
760	760	Transportation Code, is amended to read as follows:
761	761	(c) Information obtained under this subchapter is
762	762	confidential. The agent:
763	763	(1) may use the information only for a purpose
764	764	authorized under this subchapter;
765	765	(2) [and] may not use the information for a commercial
766	766	purpose; and
767	767	(3) on request, and subject to appropriate safeguards
768	768	to protect the privacy of motor vehicle owners developed by the
769	769	implementing agencies and the attorney general, may provide the
770	770	information to the attorney general for the purpose of enforcing
771	771	child support obligations.
772	772	SECTION 37. Subsection (c), Section 154.130, Subsection
773	773	(d), Section 154.182, and Section 234.011, Family Code, are
774	774	repealed.
775	775	SECTION 38. Section 102.009, Family Code, as amended by
776	776	this Act, applies to a proceeding under Chapter 233, Family Code,
777	777	that is pending before the Title IV-D agency or initiated by the
778	778	Title IV-D agency on or after the effective date of that provision.
779	779	SECTION 39. Section 102.011, Family Code, as amended by
780	780	this Act, applies only to an acknowledgment of paternity signed on
781	781	or after the effective date of that provision.
782	782	SECTION 40. Sections 154.062 and 154.130, Family Code, as
783	783	amended by this Act, apply only to a suit affecting the parent-child
784	784	relationship that is commenced on or after the effective date of
785	785	those provisions. A suit affecting the parent-child relationship
786	786	commenced before the effective date of those provisions is governed
787	787	by the law in effect on the date the suit was commenced, and the
788	788	former law is continued in effect for that purpose.
789	789	SECTION 41. Sections 154.181, 154.182, 154.183, and
790	790	154.191, Family Code, as amended by this Act, apply to a suit
791	791	affecting the parent-child relationship pending in a trial court on
792	792	or filed on or after the effective date of those provisions.
793	793	SECTION 42. Section 154.187, Family Code, as amended by
794	794	this Act, applies to an order or notice received by an employer on
795	795	or after the effective date of that provision. An order or notice
796	796	received by an employer before the effective date of that provision
797	797	is governed by the law in effect on the date the order or notice was
798	798	received, and the former law is continued in effect for that
799	799	purpose.
800	800	SECTION 43. Section 157.009, Family Code, as added by this
801	801	Act, applies only to a money judgment for child support arrearages
802	802	that is rendered on or after the effective date of that provision.
803	803	A money judgment for child support arrearages rendered before the
804	804	effective date of that provision is governed by the law in effect on
805	805	the date that the judgment was rendered, and the former law is
806	806	continued in effect for that purpose.
807	807	SECTION 44. The change in law made by Subsection (e),
808	808	Section 157.162, Family Code, as added by this Act, applies only to
809	809	a motion for enforcement that is filed on or after the effective
810	810	date of this Act. A motion for enforcement filed before the
811	811	effective date of this Act is governed by the law in effect
812	812	immediately before that date, and the former law is continued in
813	813	effect for that purpose.
814	814	SECTION 45. Section 157.268, Family Code, as amended by
815	815	this Act, applies only to child support collected on or after
816	816	January 1, 2010.
817	817	SECTION 46. Section 158.203, Family Code, as amended by
818	818	this Act, applies to child support payments withheld by an employer
819	819	on or after September 1, 2009.
820	820	SECTION 47. Sections 201.009 and 201.015, Family Code, as
821	821	amended by this Act, apply only to a hearing before an associate
822	822	judge that is commenced on or after the effective date of those
823	823	provisions. A hearing before an associate judge that commenced
824	824	before the effective date of those provisions is governed by the law
825	825	in effect on the date the hearing commenced, and the former law is
826	826	continued in effect for that purpose.
827	827	SECTION 48. The changes in law made by this Act to Section
828	828	231.202, Family Code, by the amendment of Subdivision (4) and the
829	829	enactment of Subdivision (7) of that section apply to a suit
830	830	affecting the parent-child relationship pending in a trial court on
831	831	or filed on or after September 1, 2009.
832	832	SECTION 49. Section 232.005, Family Code, as amended by
833	833	this Act, applies only to a petition filed on or after the effective
834	834	date of that provision. A petition filed before the effective date
835	835	of that provision is governed by the law in effect on the date the
836	836	petition was filed, and the former law is continued in effect for
837	837	that purpose.
838	838	SECTION 50. Section 34.001, Civil Practice and Remedies
839	839	Code, as amended by this Act, applies to each judgment for child
840	840	support under the Family Code, regardless of the date on which the
841	841	judgment was rendered.
842	842	SECTION 51. (a) Except as provided by Subsections (b) and
843	843	(c) of this section:
844	844	(1) this Act takes effect immediately if it receives a
845	845	vote of two-thirds of all the members elected to each house, as
846	846	provided by Section 39, Article III, Texas Constitution; and
847	847	(2) if this Act does not receive the vote necessary for
848	848	immediate effect, this Act takes effect September 1, 2009.
849	849	(b) The change in law made by this Act to Section 157.268,
850	850	Family Code, takes effect January 1, 2010.
851	851	(c) The changes in law made by this Act to Subsection (b),
852	852	Section 154.182, and Sections 158.203 and 231.202, Family Code,
853	853	take effect September 1, 2009.
854	854	______________________________ ______________________________
855	855	President of the Senate Speaker of the House
856	856	I hereby certify that S.B. No. 865 passed the Senate on
857	857	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
858	858	the Senate concurred in House amendments on May 28, 2009, by the
859	859	following vote: Yeas 31, Nays 0.
860	860	______________________________
861	861	Secretary of the Senate
862	862	I hereby certify that S.B. No. 865 passed the House, with
863	863	amendments, on May 21, 2009, by the following vote: Yeas 138,
864	864	Nays 0, four present not voting.
865	865	______________________________
866	866	Chief Clerk of the House
867	867	Approved:
868	868	______________________________
869	869	Date
870	870	______________________________
871	871	Governor