1 | 1 | | By: Carter (Senate Sponsor - Paxton) H.B. No. 1846 |
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2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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3 | 3 | | May 7, 2013, read first time and referred to Committee on |
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4 | 4 | | Jurisprudence; May 20, 2013, reported favorably by the following |
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5 | 5 | | vote: Yeas 4, Nays 0; May 20, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to suspension or denial of issuance or renewal of a license |
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11 | 11 | | for failure to pay child support. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 232.008, Family Code, is amended by |
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14 | 14 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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15 | 15 | | follows: |
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16 | 16 | | (b) Subject to Subsection (b-1), the [The] court or Title |
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17 | 17 | | IV-D agency may stay an order suspending a license conditioned on |
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18 | 18 | | the individual's compliance with: |
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19 | 19 | | (1) a reasonable repayment schedule that is |
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20 | 20 | | incorporated in the order; |
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21 | 21 | | (2) the requirements of a reissued and delivered |
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22 | 22 | | subpoena; or |
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23 | 23 | | (3) the requirements of any court order pertaining to |
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24 | 24 | | the possession of or access to a child. |
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25 | 25 | | (b-1) The court or Title IV-D agency may not stay an order |
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26 | 26 | | under Subsection (b)(1) unless the individual makes an immediate |
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27 | 27 | | partial payment in an amount specified by the court or Title IV-D |
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28 | 28 | | agency. The amount specified may not be less than $200. |
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29 | 29 | | SECTION 2. Section 232.0135(b), Family Code, is amended to |
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30 | 30 | | read as follows: |
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31 | 31 | | (b) A licensing authority that receives the information |
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32 | 32 | | described by Subsection (a) shall refuse to accept an application |
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33 | 33 | | for issuance of a license to the obligor or renewal of an existing |
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34 | 34 | | license of the obligor until the authority is notified by the child |
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35 | 35 | | support agency that the obligor has: |
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36 | 36 | | (1) paid all child support arrearages; |
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37 | 37 | | (2) made an immediate payment of not less than $200 |
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38 | 38 | | toward child support arrearages owed and established with the |
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39 | 39 | | agency a satisfactory repayment schedule for the remainder or is in |
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40 | 40 | | compliance with a court order for payment of the arrearages; |
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41 | 41 | | (3) been granted an exemption from this subsection as |
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42 | 42 | | part of a court-supervised plan to improve the obligor's earnings |
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43 | 43 | | and child support payments; or |
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44 | 44 | | (4) successfully contested the denial of issuance or |
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45 | 45 | | renewal of license under Subsection (d). |
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46 | 46 | | SECTION 3. (a) Section 232.008(b-1), Family Code, as added |
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47 | 47 | | by this Act, applies only to an order suspending a license that is |
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48 | 48 | | rendered on or after the effective date of this Act. An order |
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49 | 49 | | suspending a license rendered before the effective date of this Act |
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50 | 50 | | is governed by the law in effect on the date the order was rendered, |
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51 | 51 | | and the former law is continued in effect for that purpose. |
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52 | 52 | | (b) Section 232.0135(b), Family Code, as amended by this |
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53 | 53 | | Act, applies only to a notice provided under Section 232.0135(a), |
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54 | 54 | | Family Code, on or after the effective date of this Act. A notice |
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55 | 55 | | provided under Section 232.0135(a), Family Code, before the |
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56 | 56 | | effective date of this Act is governed by the law in effect on the |
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57 | 57 | | date the notice was provided, and the former law is continued in |
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58 | 58 | | effect for that purpose. |
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59 | 59 | | SECTION 4. This Act takes effect September 1, 2013. |
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60 | 60 | | * * * * * |
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