Texas 2015 - 84th Regular

Texas House Bill HB3538 Compare Versions

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Version 2 (New)

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1		-	By: Smithee (Senate Sponsor - West) H.B. No. 3538
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 11, 2015, read first time and referred to Committee on
4		-	Administration; May 13, 2015, reported favorably by the following
5		-	vote: Yeas 5, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3538
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the adoption of the Uniform Interstate Family Support
12	6		Act of 2008.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 159.102, Family Code, is amended to read
15	9		as follows:
16	10		Sec. 159.102. DEFINITIONS. In this chapter:
17	11		(1) "Child" means an individual, whether over or under
18	12		the age of majority, who:
19	13		(A) is or is alleged to be owed a duty of support
20	14		by the individual's parent; or
21	15		(B) is or is alleged to be the beneficiary of a
22	16		support order directed to the parent.
23	17		(2) "Child support order" means a support order for a
24	18		child, including a child who has attained the age of majority under
25	19		the law of the issuing state or foreign country.
26	20		(3) "Convention" means the Convention on the
27	21		International Recovery of Child Support and Other Forms of Family
28	22		Maintenance, concluded at The Hague on November 23, 2007.
29	23		(4) "Duty of support" means an obligation imposed or
30	24		imposable by law to provide support for a child, spouse, or former
31	25		spouse, including an unsatisfied obligation to provide support.
32	26		(5) "Foreign country" means a country, including a
33	27		political subdivision thereof, other than the United States, that
34	28		authorizes the issuance of support orders and:
35	29		(A) which has been declared under the law of the
36	30		United States to be a foreign reciprocating country;
37	31		(B) which has established a reciprocal
38	32		arrangement for child support with this state as provided in
39	33		Section 159.308;
40	34		(C) which has enacted a law or established
41	35		procedures for the issuance and enforcement of support orders which
42	36		are substantially similar to the procedures under this chapter; or
43	37		(D) in which the Convention is in force with
44	38		respect to the United States.
45	39		(6) "Foreign support order" means a support order of a
46	40		foreign tribunal.
47	41		(7) "Foreign tribunal" means a court, administrative
48	42		agency, or quasi-judicial entity of a foreign country which is
49	43		authorized to establish, enforce, or modify support orders or to
50	44		determine parentage of a child. The term includes a competent
51	45		authority under the Convention.
52	46		(8) [(4)] "Home state" means the state or foreign
53	47		country in which a child lived with a parent or a person acting as
54	48		parent for at least six consecutive months immediately preceding
55	49		the time of filing of a petition or a comparable pleading for
56	50		support and, if a child is less than six months old, the state or
57	51		foreign country in which the child lived from birth with any of them
58	52		[with a parent or a person acting as parent from the time of birth].
59	53		A period of temporary absence of any of them is counted as part of
60	54		the six-month or other period.
61	55		(9) [(5)] "Income" includes earnings or other
62	56		periodic entitlements to money from any source and any other
63	57		property subject to withholding for support under the law of this
64	58		state.
65	59		(10) [(6)] "Income-withholding order" means an order
66	60		or other legal process directed to an obligor's employer, as
67	61		provided in Chapter 158, to withhold support from the income of the
68	62		obligor.
69	63		(11) [(7) "Initiating state" means a state from which
70	64		a proceeding is forwarded or in which a proceeding is filed for
71	65		forwarding to a responding state under this chapter or a law or
72	66		procedure substantially similar to this chapter.
73	67		[(8)] "Initiating tribunal" means the [authorized]
74	68		tribunal of a state or foreign country from which a petition or
75	69		comparable pleading is forwarded or a petition or comparable
76	70		pleading is filed for forwarding to another state or foreign
77	71		country [in an initiating state].
78	72		(12) "Issuing foreign country" means the foreign
79	73		country in which a tribunal issues a support order or a judgment
80	74		determining parentage of a child.
81	75		(13) [(9)] "Issuing state" means the state in which a
82	76		tribunal issues a support order or [renders] a judgment determining
83	77		parentage of a child.
84	78		(14) [(10)] "Issuing tribunal" means the tribunal of a
85	79		state or foreign country that issues a support order or [renders] a
86	80		judgment determining parentage of a child.
87	81		(15) [(11)] "Law" includes decisional and statutory
88	82		law and rules and regulations having the force of law.
89	83		(16) [(12)] "Obligee" means:
90	84		(A) an individual to whom a duty of support is or
91	85		is alleged to be owed or in whose favor a support order [has been
92	86		issued] or a judgment determining parentage of a child has been
93	87		issued [rendered];
94	88		(B) a foreign country, state, or political
95	89		subdivision of a state to which the rights under a duty of support
96	90		or support order have been assigned or that has independent claims
97	91		based on financial assistance provided to an individual obligee in
98	92		place of child support; [or]
99	93		(C) an individual seeking a judgment determining
100	94		parentage of the individual's child; or
101	95		(D) a person that is a creditor in a proceeding
102	96		under Subchapter H.
103	97		(17) [(13)] "Obligor" means an individual, or the
104	98		estate of a decedent, that:
105	99		(A) [who] owes or is alleged to owe a duty of
106	100		support;
107	101		(B) [who] is alleged but has not been adjudicated
108	102		to be a parent of a child; [or]
109	103		(C) [who] is liable under a support order; or
110	104		(D) is a debtor in a proceeding under Subchapter
111	105		H.
112	106		(18) "Outside this state" means a location in another
113	107		state or a country other than the United States, whether or not the
114	108		country is a foreign country.
115	109		(19) [(14)] "Person" means an individual,
116	110		corporation, business trust, estate, trust, partnership, limited
117	111		liability company, association, joint venture, public corporation,
118	112		government or [,] governmental subdivision, agency, or
119	113		instrumentality, [public corporation,] or any other legal or
120	114		commercial entity.
121	115		(20) [(15)] "Record" means information that is:
122	116		(A) inscribed on a tangible medium or that is
123	117		stored in an electronic or other medium; and
124	118		(B) retrievable in a perceivable form.
125	119		(21) [(16)] "Register" means to file in a tribunal of
126	120		this state a support order or judgment determining parentage of a
127	121		child issued in another state or a [in the registry of] foreign
128	122		country [support orders].
129	123		(22) [(17)] "Registering tribunal" means a tribunal
130	124		in which a support order or judgment determining parentage of a
131	125		child is registered.
132	126		(23) [(18)] "Responding state" means a state in which
133	127		a petition or comparable pleading for support or to determine
134	128		parentage of a child [proceeding] is filed or to which a petition or
135	129		comparable pleading [proceeding] is forwarded for filing from
136	130		another [an initiating] state or a foreign country [under this
137	131		chapter or a law or procedure substantially similar to this
138	132		chapter].
139	133		(24) [(19)] "Responding tribunal" means the
140	134		authorized tribunal in a responding state or foreign country.
141	135		(25) [(20)] "Spousal support order" means a support
142	136		order for a spouse or former spouse of the obligor.
143	137		(26) [(21)] "State" means a state of the United
144	138		States, the District of Columbia, Puerto Rico, the United States
145	139		Virgin Islands, or any territory or insular possession subject to
146	140		the jurisdiction of the United States. The term includes[:
147	141		[(A)] an Indian nation or tribe[; and
148	142		[(B) a foreign country or political subdivision
149	143		that has:
150	144		[(i) been declared to be a foreign
151	145		reciprocating country or political subdivision under federal law;
152	146		[(ii) established a reciprocal arrangement
153	147		for child support with this state as provided by Section 159.308; or
154	148		[(iii) enacted a law or established
155	149		procedures for issuance and enforcement of support orders that are
156	150		substantially similar to the procedures under this chapter].
157	151		(27) [(22)] "Support enforcement agency" means a
158	152		public official, governmental entity, or private agency authorized
159	153		to [seek]:
160	154		(A) seek enforcement of support orders or laws
161	155		relating to the duty of support;
162	156		(B) seek establishment or modification of child
163	157		support;
164	158		(C) request determination of parentage of a
165	159		child;
166	160		(D) attempt to locate [the location of] obligors
167	161		or their assets; or
168	162		(E) request determination of the controlling
169	163		child support order.
170	164		"Support enforcement agency" does not include a domestic
171	165		relations office unless that office has entered into a cooperative
172	166		agreement with the Title IV-D agency to perform duties under this
173	167		chapter.
174	168		(28) [(23)] "Support order" means a judgment, decree,
175	169		order, decision, or directive, whether temporary, final, or subject
176	170		to modification, issued in a state or foreign country [by a
177	171		tribunal] for the benefit of a child, a spouse, or a former spouse
178	172		that provides for monetary support, health care, arrearages,
179	173		retroactive support, or reimbursement for financial assistance
180	174		provided to an individual obligee in place of child support. The
181	175		term [and] may include related costs and fees, interest, income
182	176		withholding, automatic adjustment, reasonable attorney's fees, and
183	177		other relief.
184	178		(29) [(24)] "Tribunal" means a court, administrative
185	179		agency, or quasi-judicial entity authorized to establish, enforce,
186	180		or modify support orders or to determine parentage of a child.
187	181		SECTION 2. Section 159.103, Family Code, is amended to read
188	182		as follows:
189	183		Sec. 159.103. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY
190	184		[OF STATE]. (a) The court is the tribunal of this state.
191	185		(b) The office of the attorney general is the support
192	186		enforcement agency of this state.
193	187		SECTION 3. Sections 159.104(a) and (b), Family Code, are
194	188		amended to read as follows:
195	189		(a) Remedies provided by [in] this chapter are cumulative
196	190		and do not affect the availability of remedies under other law or [,
197	191		including] the recognition of a foreign support order [of a foreign
198	192		country or political subdivision] on the basis of comity.
199	193		(b) This chapter does not:
200	194		(1) provide the exclusive method of establishing or
201	195		enforcing a support order under the law of this state; or
202	196		(2) grant a tribunal of this state jurisdiction to
203	197		render [a] judgment or issue an order relating to child custody or
204	198		visitation in a proceeding under this chapter.
205	199		SECTION 4. Subchapter B, Chapter 159, Family Code, is
206	200		amended by adding Section 159.105 to read as follows:
207	201		Sec. 159.105. APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN
208	202		COUNTRY AND FOREIGN SUPPORT PROCEEDING. (a) A tribunal of this
209	203		state shall apply Subchapters B through G and, as applicable,
210	204		Subchapter H to a support proceeding involving:
211	205		(1) a foreign support order;
212	206		(2) a foreign tribunal; or
213	207		(3) an obligee, obligor, or child residing in a
214	208		foreign country.
215	209		(b) A tribunal of this state that is requested to recognize
216	210		and enforce a support order on the basis of comity may apply the
217	211		procedural and substantive provisions of Subchapters B through G.
218	212		(c) Subchapter H applies only to a support proceeding under
219	213		the Convention. In such a proceeding, if a provision of Subchapter H
220	214		is inconsistent with Subchapters B through G, Subchapter H
221	215		controls.
222	216		SECTION 5. Section 159.201, Family Code, as amended by
223	217		S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
224	218		amended to read as follows:
225	219		Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. (a)
226	220		In a proceeding to establish or enforce a support order or to
227	221		determine parentage of a child, a tribunal of this state may
228	222		exercise personal jurisdiction over a nonresident individual or the
229	223		individual's guardian or conservator if:
230	224		(1) the individual is personally served with citation
231	225		in this state;
232	226		(2) the individual submits to the jurisdiction of this
233	227		state by consent in a record, by entering a general appearance, or
234	228		by filing a responsive document having the effect of waiving any
235	229		contest to personal jurisdiction;
236	230		(3) the individual resided with the child in this
237	231		state;
238	232		(4) the individual resided in this state and provided
239	233		prenatal expenses or support for the child;
240	234		(5) the child resides in this state as a result of the
241	235		acts or directives of the individual;
242	236		(6) the individual engaged in sexual intercourse in
243	237		this state and the child may have been conceived by that act of
244	238		intercourse;
245	239		(7) the individual asserted parentage of a child in
246	240		the paternity registry maintained in this state by the vital
247	241		statistics unit; or
248	242		(8) there is any other basis consistent with the
249	243		constitutions of this state and the United States for the exercise
250	244		of personal jurisdiction.
251	245		(b) The [A tribunal of this state may not use the] bases of
252	246		personal jurisdiction listed in Subsection (a) or in any other law
253	247		of this state may not be used to acquire personal jurisdiction for a
254	248		tribunal of this state to modify a child support order of another
255	249		state unless the requirements of Section 159.611 are met, or, in the
256	250		case of a foreign support order, unless the requirements of Section
257	251		159.615 are met [or 159.615 are satisfied].
258	252		SECTION 6. Section 159.202, Family Code, is amended to read
259	253		as follows:
260	254		Sec. 159.202. DURATION OF PERSONAL JURISDICTION. Personal
261	255		jurisdiction acquired by a tribunal of this state in a proceeding
262	256		under this chapter or other law of this state relating to a support
263	257		order continues as long as the tribunal of this state has
264	258		continuing, exclusive jurisdiction to modify its order or
265	259		continuing jurisdiction to enforce its order as provided by [under]
266	260		Sections 159.205, 159.206, and 159.211.
267	261		SECTION 7. Section 159.203, Family Code, is amended to read
268	262		as follows:
269	263		Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF STATE.
270	264		Under this chapter, a tribunal of this state may serve as an
271	265		initiating tribunal to forward proceedings to a tribunal of another
272	266		state and as a responding tribunal for proceedings initiated in
273	267		another state or a foreign country.
274	268		SECTION 8. Section 159.204, Family Code, is amended to read
275	269		as follows:
276	270		Sec. 159.204. SIMULTANEOUS PROCEEDINGS. (a) A tribunal of
277	271		this state may exercise jurisdiction to establish a support order
278	272		if the petition or comparable pleading is filed after a pleading is
279	273		filed in another state or a foreign country only if:
280	274		(1) the petition or comparable pleading in this state
281	275		is filed before the expiration of the time allowed in the other
282	276		state or the foreign country for filing a responsive pleading
283	277		challenging the exercise of jurisdiction by the other state or the
284	278		foreign country;
285	279		(2) the contesting party timely challenges the
286	280		exercise of jurisdiction in the other state or the foreign country;
287	281		and
288	282		(3) if relevant, this state is the home state of the
289	283		child.
290	284		(b) A tribunal of this state may not exercise jurisdiction
291	285		to establish a support order if the petition or comparable pleading
292	286		is filed before a petition or comparable pleading is filed in
293	287		another state or a foreign country if:
294	288		(1) the petition or comparable pleading in the other
295	289		state or foreign country is filed before the expiration of the time
296	290		allowed in this state for filing a responsive pleading challenging
297	291		the exercise of jurisdiction by this state;
298	292		(2) the contesting party timely challenges the
299	293		exercise of jurisdiction in this state; and
300	294		(3) if relevant, the other state or foreign country is
301	295		the home state of the child.
302	296		SECTION 9. Sections 159.205(a), (b), (c), and (d), Family
303	297		Code, are amended to read as follows:
304	298		(a) A tribunal of this state that has issued a child support
305	299		order consistent with the law of this state has and shall exercise
306	300		continuing, exclusive jurisdiction to modify its child support
307	301		order if the order is the controlling order and:
308	302		(1) at the time of the filing of a request for
309	303		modification [is filed,] this state is the [state of] residence of
310	304		the obligor, the individual obligee, or the child for whose benefit
311	305		the support order is issued; or
312	306		(2) even if this state is not the residence of the
313	307		obligor, the individual obligee, or the child for whose benefit the
314	308		support order is issued, the parties consent in a record or in open
315	309		court that the tribunal of this state may continue to exercise
316	310		jurisdiction to modify its order.
317	311		(b) A tribunal of this state that has issued a child support
318	312		order consistent with the law of this state may not exercise
319	313		continuing, exclusive jurisdiction to modify the order if:
320	314		(1) all of the parties [each party] who are
321	315		individuals file [is an individual files a] consent in a record with
322	316		the tribunal of this state that a tribunal of another state that has
323	317		jurisdiction over at least one of the parties who is an individual
324	318		or that is located in the state of residence of the child may modify
325	319		the order and assume continuing, exclusive jurisdiction; or
326	320		(2) the tribunal's order is not the controlling order.
327	321		(c) If a [A] tribunal of another [this] state [shall
328	322		recognize the continuing, exclusive jurisdiction of a tribunal of
329	323		another state if the tribunal of the other state] has issued a child
330	324		support order pursuant to the Uniform Interstate Family Support Act
331	325		or a law substantially similar to that Act that modifies a child
332	326		support order of a tribunal of this state, tribunals of this state
333	327		shall recognize the continuing, exclusive jurisdiction of the
334	328		tribunal of the other state [under a law substantially similar to
335	329		this chapter].
336	330		(d) A tribunal of this state that lacks [does not have]
337	331		continuing, exclusive jurisdiction to modify a child support order
338	332		may serve as an initiating tribunal to request a tribunal of another
339	333		state to modify a support order issued in that state.
340	334		SECTION 10. Section 159.206(a), Family Code, is amended to
341	335		read as follows:
342	336		(a) A tribunal of this state that has issued a child support
343	337		order consistent with the law of this state may serve as an
344	338		initiating tribunal to request a tribunal of another state to
345	339		enforce:
346	340		(1) the order, if the order:
347	341		(A) is the controlling order; and
348	342		(B) has not been modified by a tribunal of
349	343		another state that assumed jurisdiction under the Uniform
350	344		Interstate Family Support Act; or
351	345		(2) a money judgment for arrears of support
352	346		[arrearages] and interest on the order accrued before a
353	347		determination that an order of a tribunal of another state is the
354	348		controlling order.
355	349		SECTION 11. Section 159.207, Family Code, is amended to
356	350		read as follows:
357	351		Sec. 159.207. DETERMINATION OF CONTROLLING CHILD SUPPORT
358	352		ORDER. (a) If a proceeding is brought under this chapter and only
359	353		one tribunal has issued a child support order, the order of that
360	354		tribunal controls and must be [so] recognized.
361	355		(b) If a proceeding is brought under this chapter and two or
362	356		more child support orders have been issued by tribunals of this
363	357		state, [or] another state, or a foreign country with regard to the
364	358		same obligor and same child, a tribunal of this state having
365	359		personal jurisdiction over both the obligor and individual obligee
366	360		shall apply the following rules and by order shall [to] determine
367	361		[by order] which order controls and must be recognized:
368	362		(1) if only one of the tribunals would have
369	363		continuing, exclusive jurisdiction under this chapter, the order of
370	364		that tribunal controls [and must be so recognized];
371	365		(2) if more than one of the tribunals would have
372	366		continuing, exclusive jurisdiction under this chapter:
373	367		(A) an order issued by a tribunal in the current
374	368		home state of the child controls [if an order is issued in the
375	369		current home state of the child]; or
376	370		(B) [the order most recently issued controls] if
377	371		an order has not been issued in the current home state of the child,
378	372		the order most recently issued controls; and
379	373		(3) if none of the tribunals would have continuing,
380	374		exclusive jurisdiction under this chapter, the tribunal of this
381	375		state shall issue a child support order that controls.
382	376		(c) If two or more child support orders have been issued for
383	377		the same obligor and same child, on request of a party who is an
384	378		individual or that is a support enforcement agency, a tribunal of
385	379		this state having personal jurisdiction over both the obligor and
386	380		the obligee who is an individual shall determine which order
387	381		controls under Subsection (b). The request may be filed[:
388	382		[(1)] with a registration for enforcement or
389	383		registration for modification under Subchapter G[;] or may be filed
390	384		[(2)] as a separate proceeding.
391	385		(d) A request to determine which is the controlling order
392	386		must be accompanied by a copy of every [each] child support order in
393	387		effect and the applicable record of payments. The requesting party
394	388		shall give notice of the request to each party whose rights may be
395	389		affected by the determination.
396	390		(e) The tribunal that issued the controlling order under
397	391		Subsection (a), (b), or (c) has continuing jurisdiction to the
398	392		extent provided by [under] Section 159.205 or 159.206.
399	393		(f) A tribunal of this state that determines by order which
400	394		[order] is the controlling order under Subsection (b)(1) or (2) or
401	395		Subsection (c), or that issues a new controlling order under
402	396		Subsection (b)(3), shall state in that order:
403	397		(1) the basis upon which the tribunal made its
404	398		determination;
405	399		(2) the amount of prospective [child] support, if any;
406	400		and
407	401		(3) the total amount of consolidated arrears
408	402		[arrearages] and accrued interest, if any, under all of the orders
409	403		after all payments made are credited as provided by [under] Section
410	404		159.209.
411	405		(g) Within 30 days after issuance of an order determining
412	406		which order is the controlling order, the party obtaining the order
413	407		shall file a certified copy of the controlling order in each
414	408		tribunal that issued or registered an earlier order of child
415	409		support. A party or support enforcement agency obtaining [that
416	410		obtains] the order that [and] fails to file a certified copy [of the
417	411		order] is subject to appropriate sanctions by a tribunal in which
418	412		the issue of failure to file arises. The failure to file does not
419	413		affect the validity or enforceability of the controlling order.
420	414		(h) An order that has been determined to be the controlling
421	415		order, or a judgment for consolidated arrears of support
422	416		[arrearages] and interest, if any, made [issued] under this
423	417		section, must be recognized in proceedings [a proceeding] under
424	418		this chapter.
425	419		SECTION 12. Section 159.208, Family Code, is amended to
426	420		read as follows:
427	421		Sec. 159.208. CHILD SUPPORT ORDERS FOR TWO OR MORE
428	422		OBLIGEES. In responding to registrations or petitions for
429	423		enforcement of two or more child support orders in effect at the
430	424		same time with regard to the same obligor and different individual
431	425		obligees, at least one of which was issued by a tribunal of another
432	426		state or a foreign country, a tribunal of this state shall enforce
433	427		those orders in the same manner as if the orders had been issued by a
434	428		tribunal of this state.
435	429		SECTION 13. Section 159.209, Family Code, is amended to
436	430		read as follows:
437	431		Sec. 159.209. CREDIT FOR PAYMENTS. A tribunal of this state
438	432		shall credit amounts collected for a particular period under any
439	433		child [a] support order against the amounts owed for the same period
440	434		under any other child support order for support of the same child
441	435		issued by a tribunal of this state, [or] another state, or a foreign
442	436		country.
443	437		SECTION 14. Section 159.210, Family Code, is amended to
444	438		read as follows:
445	439		Sec. 159.210. APPLICATION OF CHAPTER [APPLICABILITY] TO
446	440		NONRESIDENT SUBJECT TO PERSONAL JURISDICTION. A [(a) Except as
447	441		provided by Subsection (b), Subchapters D-H do not apply to a]
448	442		tribunal of this state exercising personal jurisdiction over a
449	443		nonresident in a proceeding under this chapter or under other law of
450	444		this state relating to a support order or recognizing a foreign
451	445		support order [of a foreign country or political subdivision on the
452	446		basis of comity. The tribunal shall apply the procedural and
453	447		substantive law of this state in a proceeding described by this
454	448		subsection.
455	449		[(b) Notwithstanding Subsection (a), a tribunal of this
456	450		state exercising personal jurisdiction over a nonresident in a
457	451		proceeding under this chapter or under other law of this state
458	452		relating to a support order or recognizing a support order of a
459	453		foreign country or political subdivision on the basis of comity]
460	454		may[:
461	455		[(1)] receive evidence from outside this [another]
462	456		state as provided by Section 159.316,[;
463	457		[(2)] communicate with a tribunal outside this [of
464	458		another] state as provided by Section 159.317,[;] and
465	459		[(3)] obtain discovery through a tribunal outside this
466	460		[of another] state as provided by Section 159.318. In all other
467	461		respects, Subchapters D, E, F, and G do not apply and the tribunal
468	462		shall apply the procedural and substantive law of this state.
469	463		SECTION 15. Section 159.211(b), Family Code, is amended to
470	464		read as follows:
471	465		(b) A tribunal of this state may not modify a spousal
472	466		support order issued by a tribunal of another state or a foreign
473	467		country having continuing, exclusive jurisdiction over that order
474	468		under the law of that state or foreign country.
475	469		SECTION 16. Section 159.301(c), Family Code, is amended to
476	470		read as follows:
477	471		(c) An individual petitioner or a support enforcement
478	472		agency may initiate a proceeding authorized under this chapter by
479	473		filing a petition in an initiating tribunal for forwarding to a
480	474		responding tribunal or by filing a petition or a comparable
481	475		pleading directly in a tribunal of another state or foreign country
482	476		that has or [that] can obtain personal jurisdiction over the
483	477		respondent.
484	478		SECTION 17. Section 159.304(b), Family Code, is amended to
485	479		read as follows:
486	480		(b) If requested by the responding tribunal, a tribunal of
487	481		this state shall issue a certificate or other document and make
488	482		findings required by the law of the responding state. If the
489	483		responding tribunal [state] is in a foreign country [or political
490	484		subdivision], on request the tribunal of this state shall specify
491	485		the amount of support sought, convert that amount into the
492	486		equivalent amount in the foreign currency under the applicable
493	487		official or market exchange rate as publicly reported, and provide
494	488		any other documents necessary to satisfy the requirements of the
495	489		responding foreign tribunal [state].
496	490		SECTION 18. Sections 159.305(b) and (f), Family Code, are
497	491		amended to read as follows:
498	492		(b) A [Except as prohibited by other law, a] responding
499	493		tribunal of this state, to the extent not prohibited by other law,
500	494		may do one or more of the following:
501	495		(1) establish [issue] or enforce a support order,
502	496		modify a child support order, determine the controlling child
503	497		support order, or determine parentage of a child;
504	498		(2) order an obligor to comply with a support order,
505	499		specifying [and specify] the amount and the manner of compliance;
506	500		(3) order income withholding;
507	501		(4) determine the amount of any arrearages and specify
508	502		a method of payment;
509	503		(5) enforce orders by civil or criminal contempt, or
510	504		both;
511	505		(6) set aside property for satisfaction of the support
512	506		order;
513	507		(7) place liens and order execution on the obligor's
514	508		property;
515	509		(8) order an obligor to keep the tribunal informed of
516	510		the obligor's current residential address, electronic mail
517	511		address, telephone number, employer, address of employment, and
518	512		telephone number at the place of employment;
519	513		(9) issue a bench warrant or capias for an obligor who
520	514		has failed after proper notice to appear at a hearing ordered by the
521	515		tribunal and enter the bench warrant or capias in any local and
522	516		state computer systems for criminal warrants;
523	517		(10) order the obligor to seek appropriate employment
524	518		by specified methods;
525	519		(11) award reasonable attorney's fees and other fees
526	520		and costs; and
527	521		(12) grant any other available remedy.
528	522		(f) If requested to enforce a support order, arrears
529	523		[arrearages], or [a] judgment or [to] modify a support order stated
530	524		in a foreign currency, a responding tribunal of this state shall
531	525		convert the amount stated in the foreign currency to the equivalent
532	526		amount in dollars under the applicable official or market exchange
533	527		rate as publicly reported.
534	528		SECTION 19. Sections 159.307(b), (c), (d), and (e), Family
535	529		Code, are amended to read as follows:
536	530		(b) A support enforcement agency of this state that is
537	531		providing [provides] services to the petitioner shall:
538	532		(1) take all steps necessary to enable an appropriate
539	533		tribunal of [in] this state, [or] another state, or a foreign
540	534		country to obtain jurisdiction over the respondent;
541	535		(2) request an appropriate tribunal to set a date,
542	536		time, and place for a hearing;
543	537		(3) make a reasonable effort to obtain all relevant
544	538		information, including information as to income and property of the
545	539		parties;
546	540		(4) within two days [not later than the second day],
547	541		exclusive of [excluding] Saturdays, Sundays, and legal holidays,
548	542		after [the date of] receipt of [a written] notice in a record from
549	543		an initiating, responding, or registering tribunal, send a copy of
550	544		the notice to the petitioner;
551	545		(5) within two days [not later than the second day],
552	546		exclusive of [excluding] Saturdays, Sundays, and legal holidays,
553	547		after [the date of] receipt of [a written] communication in a record
554	548		from the respondent or the respondent's attorney, send a copy of the
555	549		communication to the petitioner; and
556	550		(6) notify the petitioner if jurisdiction over the
557	551		respondent cannot be obtained.
558	552		(c) A support enforcement agency of this state that requests
559	553		registration of a child support order in this state for enforcement
560	554		or for modification shall make reasonable efforts [to ensure that]:
561	555		(1) to ensure that the order to be registered is the
562	556		controlling order; or
563	557		(2) if two or more child support orders exist and the
564	558		identity of the controlling order has not been determined, to
565	559		ensure that a request for such a determination [of which order is
566	560		the controlling order] is made in a tribunal having jurisdiction to
567	561		do so [to make the determination, if two or more child support
568	562		orders have been issued and a determination of the controlling
569	563		order has not been made].
570	564		(d) A support enforcement agency of this state that requests
571	565		registration and enforcement of a support order, arrears
572	566		[arrearages], or a judgment stated in a foreign currency shall
573	567		convert the amount stated in the foreign currency into [to] the
574	568		equivalent amount in dollars under the applicable official or
575	569		market exchange rate as publicly reported.
576	570		(e) A support enforcement agency of this state shall issue,
577	571		or request a tribunal of this state to issue, a child support order
578	572		and an income-withholding order that redirects payment of current
579	573		support, arrears [arrearages], and interest if requested to do so
580	574		by a support enforcement agency of another state under Section
581	575		159.319.
582	576		SECTION 20. The heading of Section 159.308, Family Code, is
583	577		amended to read as follows:
584	578		Sec. 159.308. DUTY OF ATTORNEY GENERAL AND GOVERNOR
585	579		[CERTAIN STATE OFFICIALS].
586	580		SECTION 21. Section 159.308(b), Family Code, is amended to
587	581		read as follows:
588	582		(b) The governor may determine that a foreign country [or
589	583		political subdivision] has established a reciprocal arrangement
590	584		for child support with this state and take appropriate action for
591	585		notification of the determination.
592	586		SECTION 22. Section 159.310(b), Family Code, is amended to
593	587		read as follows:
594	588		(b) The state information agency shall:
595	589		(1) compile and maintain a current list, including
596	590		addresses, of the tribunals in this state that have jurisdiction
597	591		under this chapter and any support enforcement agencies in this
598	592		state and transmit [send] a copy to the state information agency of
599	593		every other state;
600	594		(2) maintain a register of names and addresses of
601	595		tribunals and support enforcement agencies received from other
602	596		states;
603	597		(3) forward to the appropriate tribunal in the county
604	598		in this state in which [where] the obligee who is an individual or
605	599		the obligor resides, or in which [where] the obligor's property is
606	600		believed to be located, all documents concerning a proceeding under
607	601		this chapter received from another state or a foreign country [an
608	602		initiating tribunal or the state information agency of the
609	603		initiating state]; and
610	604		(4) obtain information concerning the location of the
611	605		obligor and the obligor's property in this state not exempt from
612	606		execution, by such means as postal verification and federal or
613	607		state locator services, examination of telephone directories,
614	608		requests for the obligor's address from employers, and examination
615	609		of governmental records, including, to the extent not prohibited by
616	610		other law, those relating to real property, vital statistics, law
617	611		enforcement, taxation, motor vehicles, driver's licenses, and
618	612		social security.
619	613		SECTION 23. Section 159.311(a), Family Code, is amended to
620	614		read as follows:
621	615		(a) In a proceeding under this chapter, a petitioner seeking
622	616		to establish a support order, to determine parentage of a child, or
623	617		to register and modify a support order of a tribunal of another
624	618		state or foreign country must file a petition. Unless otherwise
625	619		ordered under Section 159.312, the petition or accompanying
626	620		documents must provide, so far as known, the name, residential
627	621		address, and social security numbers of the obligor and the obligee
628	622		or the parent and alleged parent, and the name, sex, residential
629	623		address, social security number, and date of birth of each child for
630	624		whose benefit support is sought or whose parentage is to be
631	625		determined. Unless filed at the time of registration, the petition
632	626		must be accompanied by a copy of any support order known to have
633	627		been issued by another tribunal. The petition may include any other
634	628		information that may assist in locating or identifying the
635	629		respondent.
636	630		SECTION 24. Section 159.312, Family Code, is amended to
637	631		read as follows:
638	632		Sec. 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
639	633		CIRCUMSTANCES. If a party alleges in an affidavit or pleading under
640	634		oath that the health, safety, or liberty of a party or child would
641	635		be jeopardized by disclosure of specific identifying information
642	636		[regarding the party or the child], that [the identifying]
643	637		information must [shall] be sealed and may not be disclosed to the
644	638		other party or [to] the public. After a hearing in which a tribunal
645	639		takes into consideration [considers] the health, safety, or liberty
646	640		of the party or [the] child, the tribunal may order disclosure of
647	641		information that [if] the tribunal determines to be in the interest
648	642		[that the disclosure serves the interests] of justice.
649	643		SECTION 25. Sections 159.313(b) and (c), Family Code, are
650	644		amended to read as follows:
651	645		(b) If an obligee prevails, a responding tribunal of this
652	646		state may assess against an obligor filing fees, reasonable
653	647		attorney's fees, other costs, and necessary travel and other
654	648		reasonable expenses incurred by the obligee and the obligee's
655	649		witnesses. The tribunal may not assess fees, costs, or expenses
656	650		against the obligee or the support enforcement agency of either the
657	651		initiating [state] or [the] responding state or foreign country,
658	652		except as provided by other law. Attorney's fees may be taxed as
659	653		costs, and may be ordered paid directly to the attorney, who may
660	654		enforce the order in the attorney's own name. Payment of support
661	655		owed to the obligee has priority over fees, costs, and expenses.
662	656		(c) The tribunal shall order the payment of costs and
663	657		reasonable attorney's fees if it determines that a hearing was
664	658		requested primarily for delay. In a proceeding under Subchapter G
665	659		[pursuant to Sections 159.601 through 159.608], a hearing is
666	660		presumed to have been requested primarily for delay if a registered
667	661		support order is confirmed or enforced without change.
668	662		SECTION 26. Section 159.314(c), Family Code, is amended to
669	663		read as follows:
670	664		(c) The immunity granted by this section does not extend to
671	665		civil litigation based on acts unrelated to a proceeding under this
672	666		chapter committed by a party while physically present in this state
673	667		to participate in the proceeding.
674	668		SECTION 27. Sections 159.316(a), (b), (d), (e), and (f),
675	669		Family Code, are amended to read as follows:
676	670		(a) The physical presence of a nonresident party who is an
677	671		individual in a tribunal of this state is not required for the
678	672		establishment, enforcement, or modification of a support order or
679	673		the rendition of a judgment determining parentage of a child.
680	674		(b) An affidavit, a document substantially complying with
681	675		federally mandated forms, or a document incorporated by reference
682	676		in an affidavit or document, that would not be excluded under the
683	677		hearsay rule if given in person, is admissible in evidence if given
684	678		under penalty of perjury by a party or witness residing outside this
685	679		[in another] state.
686	680		(d) Copies of bills for testing for parentage of a child,
687	681		and for prenatal and postnatal health care of the mother and child
688	682		[that are] furnished to the adverse party at least [not less than]
689	683		10 days before [the date of] trial are admissible in evidence to
690	684		prove the amount of the charges billed and that the charges were
691	685		reasonable, necessary, and customary.
692	686		(e) Documentary evidence transmitted from outside this
693	687		[another] state to a tribunal of this state by telephone,
694	688		telecopier, or other electronic [another] means that does not
695	689		provide an original record may not be excluded from evidence on an
696	690		objection based on the means of transmission.
697	691		(f) In a proceeding under this chapter, a tribunal of this
698	692		state shall permit a party or witness residing outside this [in
699	693		another] state to be deposed or to testify under penalty of perjury
700	694		by telephone, audiovisual means, or other electronic means at a
701	695		designated tribunal or other location [in that state]. A tribunal
702	696		of this state shall cooperate with other tribunals [a tribunal of
703	697		another state] in designating an appropriate location for the
704	698		deposition or testimony.
705	699		SECTION 28. Section 159.317, Family Code, is amended to
706	700		read as follows:
707	701		Sec. 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal
708	702		of this state may communicate with a tribunal outside this [of
709	703		another] state [or of a foreign country or political subdivision]
710	704		in a record or [,] by telephone, electronic mail, or by other means,
711	705		to obtain information concerning the laws, the legal effect of a
712	706		judgment, decree, or order of that tribunal, and the status of a
713	707		proceeding [in the other state, foreign country, or political
714	708		subdivision]. A tribunal of this state may furnish similar
715	709		information by similar means to a tribunal outside this state [of
716	710		another state or of a foreign country or political subdivision].
717	711		SECTION 29. Section 159.318, Family Code, is amended to
718	712		read as follows:
719	713		Sec. 159.318. ASSISTANCE WITH DISCOVERY. A tribunal of
720	714		this state may:
721	715		(1) request a tribunal outside this [of another] state
722	716		to assist in obtaining discovery; and
723	717		(2) on request, compel a person over whom the tribunal
724	718		has jurisdiction to respond to a discovery order issued by a
725	719		tribunal outside this [of another] state.
726	720		SECTION 30. Section 159.319(a), Family Code, is amended to
727	721		read as follows:
728	722		(a) A support enforcement agency or tribunal of this state
729	723		shall disburse promptly any amounts received under a support order,
730	724		as directed by the order. The agency or tribunal shall furnish to a
731	725		requesting party or tribunal of another state or a foreign country a
732	726		certified statement by the custodian of the record of the amounts
733	727		and dates of all payments received.
734	728		SECTION 31. The heading to Subchapter E, Chapter 159,
735	729		Family Code, is amended to read as follows:
736	730		SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF
737	731		PARENTAGE
738	732		SECTION 32. Section 159.401, Family Code, is amended to
739	733		read as follows:
740	734		Sec. 159.401. ESTABLISHMENT OF [PETITION TO ESTABLISH]
741	735		SUPPORT ORDER. (a) If a support order entitled to recognition under
742	736		this chapter has not been issued, a responding tribunal of this
743	737		state with personal jurisdiction over the parties may issue a
744	738		support order if:
745	739		(1) the individual seeking the order resides outside
746	740		this [in another] state; or
747	741		(2) the support enforcement agency seeking the order
748	742		is located outside this [in another] state.
749	743		(b) The tribunal may issue a temporary child support order
750	744		if the tribunal determines that such an [the] order is appropriate
751	745		and the individual ordered to pay is:
752	746		(1) a presumed father of the child;
753	747		(2) [a man] petitioning to have his paternity
754	748		adjudicated;
755	749		(3) [a man] identified as the father of the child
756	750		through genetic testing;
757	751		(4) an alleged father who has declined to submit to
758	752		genetic testing;
759	753		(5) [a man] shown by clear and convincing evidence to
760	754		be the father of the child;
761	755		(6) an acknowledged father as provided by applicable
762	756		state law;
763	757		(7) the mother of the child; or
764	758		(8) an individual who has been ordered to pay child
765	759		support in a previous proceeding and the order has not been reversed
766	760		or vacated.
767	761		(c) On finding, after notice and an opportunity to be heard,
768	762		that an obligor owes a duty of support, the tribunal shall issue a
769	763		support order directed to the obligor and may issue other orders
770	764		under Section 159.305.
771	765		SECTION 33. Subchapter E, Chapter 159, Family Code, is
772	766		amended by adding Section 159.402 to read as follows:
773	767		Sec. 159.402. PROCEEDING TO DETERMINE PARENTAGE. A
774	768		tribunal of this state authorized to determine parentage of a child
775	769		may serve as a responding tribunal in a proceeding to determine
776	770		parentage of a child brought under this chapter or a law or
777	771		procedure substantially similar to this chapter.
778	772		SECTION 34. The heading to Subchapter F, Chapter 159,
779	773		Family Code, is amended to read as follows:
780	774		SUBCHAPTER F. ENFORCEMENT OF SUPPORT ORDER [OF ANOTHER STATE]
781	775		WITHOUT REGISTRATION
782	776		SECTION 35. Section 159.506, Family Code, is amended to
783	777		read as follows:
784	778		Sec. 159.506. CONTEST BY OBLIGOR. (a) An obligor may
785	779		contest the validity or enforcement of an income-withholding order
786	780		issued in another state and received directly by an employer in this
787	781		state by registering the order in a tribunal of this state and [:
788	782		[(1)] filing a contest to that order as provided in
789	783		[under] Subchapter G[;] or otherwise
790	784		[(2)] contesting the order in the same manner as if the
791	785		order had been issued by a tribunal of this state.
792	786		(b) The obligor shall give notice of the contest to:
793	787		(1) a support enforcement agency providing services to
794	788		the obligee;
795	789		(2) each employer that has directly received an
796	790		income-withholding order relating to the obligor; and
797	791		(3) the person designated to receive payments in the
798	792		income-withholding order or [to the obligee], if no person is
799	793		designated, to the obligee.
800	794		SECTION 36. Section 159.507(a), Family Code, is amended to
801	795		read as follows:
802	796		(a) A party or support enforcement agency seeking to enforce
803	797		a support order or an income-withholding order, or both, issued in
804	798		[by a tribunal of] another state or a foreign support order may send
805	799		the documents required for registering the order to a support
806	800		enforcement agency of this state.
807	801		SECTION 37. Sections 159.601, 159.602, 159.603, and
808	802		159.604, Family Code, are designated as Part 1, Subchapter G,
809	803		Chapter 159, Family Code, and a heading for that part is added to
810	804		read as follows:
811	805		PART 1. REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER
812	806		SECTION 38. Section 159.601, Family Code, is amended to
813	807		read as follows:
814	808		Sec. 159.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A
815	809		support order or income-withholding order issued in [by a tribunal
816	810		of] another state or a foreign support order may be registered in
817	811		this state for enforcement.
818	812		SECTION 39. Sections 159.602(a), (b), and (d), Family Code,
819	813		are amended to read as follows:
820	814		(a) Except as otherwise provided by Section 159.706, a [A]
821	815		support order or income-withholding order of another state or a
822	816		foreign support order may be registered in this state by sending
823	817		[to] the following records to the appropriate tribunal in this
824	818		state:
825	819		(1) a letter of transmittal to the tribunal requesting
826	820		registration and enforcement;
827	821		(2) two copies, including one certified copy, of the
828	822		order to be registered, including any modification of the order;
829	823		(3) a sworn statement by the person requesting
830	824		registration or a certified statement by the custodian of the
831	825		records showing the amount of any arrearage;
832	826		(4) the name of the obligor and, if known:
833	827		(A) the obligor's address and social security
834	828		number;
835	829		(B) the name and address of the obligor's
836	830		employer and any other source of income of the obligor; and
837	831		(C) a description of and the location of property
838	832		of the obligor in this state not exempt from execution; and
839	833		(5) except as otherwise provided by Section 159.312,
840	834		the name and address of the obligee and, if applicable, the person
841	835		to whom support payments are to be remitted.
842	836		(b) On receipt of a request for registration, the
843	837		registering tribunal shall cause the order to be filed as an order
844	838		of a tribunal of another state or a foreign support order
845	839		[judgment], together with one copy of the documents and
846	840		information, regardless of their form.
847	841		(d) If two or more orders are in effect, the person
848	842		requesting registration shall:
849	843		(1) furnish [provide] to the tribunal a copy of each
850	844		support order asserted to be in effect in addition to [and] the
851	845		documents specified in this section;
852	846		(2) specify [identify] the order alleged to be the
853	847		controlling order, if any; and
854	848		(3) specify [state] the amount of consolidated arrears
855	849		[arrearages], if any.
856	850		SECTION 40. Section 159.603, Family Code, is amended to
857	851		read as follows:
858	852		Sec. 159.603. EFFECT OF REGISTRATION FOR ENFORCEMENT. (a)
859	853		A support order or income-withholding order issued in another state
860	854		or a foreign support order is registered when the order is filed in
861	855		the registering tribunal of this state.
862	856		(b) A registered support order issued in another state or a
863	857		foreign country is enforceable in the same manner and is subject to
864	858		the same procedures as an order issued by a tribunal of this state.
865	859		(c) Except as otherwise provided in this subchapter, a
866	860		tribunal of this state shall recognize and enforce, but may not
867	861		modify, a registered support order if the issuing tribunal had
868	862		jurisdiction.
869	863		SECTION 41. Section 159.604, Family Code, is amended to
870	864		read as follows:
871	865		Sec. 159.604. CHOICE OF LAW. (a) Except as otherwise
872	866		provided by Subsection (d), the law of the issuing state or foreign
873	867		country governs:
874	868		(1) the nature, extent, amount, and duration of
875	869		current payments under a registered support order;
876	870		(2) the computation and payment of arrearages and
877	871		accrual of interest on the arrearages under the support order; and
878	872		(3) the existence and satisfaction of other
879	873		obligations under the support order.
880	874		(b) In a proceeding for arrears [arrearages] under a
881	875		registered support order, the statute of limitation of this state,
882	876		or of the issuing state or foreign country, whichever is longer,
883	877		applies.
884	878		(c) A responding tribunal of [in] this state shall apply the
885	879		procedures and remedies of this state to enforce current support
886	880		and collect arrears [arrearages] and interest due on a support
887	881		order of another state or a foreign country registered in this
888	882		state.
889	883		(d) After a tribunal of this state or another state
890	884		determines which [order] is the controlling order and issues an
891	885		order consolidating arrears [arrearages], if any, the tribunal of
892	886		this state shall prospectively apply the law of the state or foreign
893	887		country issuing the controlling order, including that state's or
894	888		country's law on interest on arrears [arrearages], on current and
895	889		future support, and on consolidated arrears [arrearages].
896	890		SECTION 42. Sections 159.605, 159.606, 159.607, and
897	891		159.608, Family Code, are designated as Part 2, Subchapter G,
898	892		Chapter 159, Family Code, and a heading for that part is added to
899	893		read as follows:
900	894		PART 2. CONTEST OF VALIDITY OR ENFORCEMENT
901	895		SECTION 43. Section 159.605, Family Code, is amended to
902	896		read as follows:
903	897		Sec. 159.605. NOTICE OF REGISTRATION OF ORDER. (a) When a
904	898		support order or income-withholding order issued in another state
905	899		or a foreign support order is registered, the registering tribunal
906	900		of this state shall notify the nonregistering party. The notice
907	901		must be accompanied by a copy of the registered order and the
908	902		documents and relevant information accompanying the order.
909	903		(b) A notice [under this section] must inform the
910	904		nonregistering party:
911	905		(1) that a registered order is enforceable as of the
912	906		date of registration in the same manner as an order issued by a
913	907		tribunal of this state;
914	908		(2) that a hearing to contest the validity or
915	909		enforcement of the registered order must be requested within 20
916	910		days after notice unless the registered order is under Section
917	911		159.707;
918	912		(3) that failure to contest the validity or
919	913		enforcement of the registered order in a timely manner[:
920	914		[(A)] will result in confirmation of the order
921	915		and enforcement of the order and the alleged arrearages; and
922	916		[(B) precludes further contest of that order with
923	917		respect to any matter that could have been asserted; and]
924	918		(4) of the amount of any alleged arrearages.
925	919		(c) If the registering party asserts that two or more orders
926	920		are in effect, the notice [under this section] must also:
927	921		(1) identify[:
928	922		[(A)] the two or more orders and the [, including
929	923		which] order [is] alleged by the registering party [person] to be
930	924		the controlling order[;] and
931	925		[(B)] the consolidated arrears [arrearages], if
932	926		any;
933	927		(2) notify the nonregistering party of the right to a
934	928		determination of which [order] is the controlling order;
935	929		(3) state that the procedures provided in Subsection
936	930		(b) apply to the determination of which [order] is the controlling
937	931		order; and
938	932		(4) state that failure to contest the validity or
939	933		enforcement of the order alleged to be the controlling order in a
940	934		timely manner may result in confirmation that the order is the
941	935		controlling order.
942	936		(d) On registration of an income-withholding order for
943	937		enforcement, the support enforcement agency or the registering
944	938		tribunal shall notify the obligor's employer under Chapter 158.
945	939		SECTION 44. Section 159.606, Family Code, is amended to
946	940		read as follows:
947	941		Sec. 159.606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT
948	942		OF REGISTERED SUPPORT ORDER. (a) A nonregistering party seeking to
949	943		contest the validity or enforcement of a registered support order
950	944		in this state shall request a hearing within the time required by
951	945		Section 159.605 [20 days after notice of the registration]. The
952	946		nonregistering party may seek [under Section 159.607] to[:
953	947		[(1)] vacate the registration, to [;
954	948		[(2)] assert any defense to an allegation of
955	949		noncompliance with the registered order, [;] or to
956	950		[(3)] contest the remedies being sought or the amount
957	951		of any alleged arrearages under Section 159.607.
958	952		(b) If the nonregistering party fails to contest the
959	953		validity or enforcement of the registered support order in a timely
960	954		manner, the order is confirmed by operation of law.
961	955		(c) If a nonregistering party requests a hearing to contest
962	956		the validity or enforcement of the registered support order, the
963	957		registering tribunal shall schedule the matter for hearing and give
964	958		notice to the parties of the date, time, and place of the hearing.
965	959		SECTION 45. Section 159.607, Family Code, is amended to
966	960		read as follows:
967	961		Sec. 159.607. CONTEST OF REGISTRATION OR ENFORCEMENT. (a)
968	962		A party contesting the validity or enforcement of a registered
969	963		support order or seeking to vacate the registration has the burden
970	964		of proving one or more of the following defenses:
971	965		(1) the issuing tribunal lacked personal jurisdiction
972	966		over the contesting party;
973	967		(2) the order was obtained by fraud;
974	968		(3) the order has been vacated, suspended, or modified
975	969		by a later order;
976	970		(4) the issuing tribunal has stayed the order pending
977	971		appeal;
978	972		(5) there is a defense under the law of this state to
979	973		the remedy sought;
980	974		(6) full or partial payment has been made;
981	975		(7) the statute of limitation under Section 159.604
982	976		precludes enforcement of some or all of the alleged arrearages; or
983	977		(8) the alleged controlling order is not the
984	978		controlling order.
985	979		(b) If a party presents evidence establishing a full or
986	980		partial defense under Subsection (a), a tribunal may stay
987	981		enforcement of the registered support order, continue the
988	982		proceeding to permit production of additional relevant evidence,
989	983		and issue other appropriate orders. An uncontested portion of the
990	984		registered support order may be enforced by all remedies available
991	985		under the law of this state.
992	986		(c) If the contesting party does not establish a defense
993	987		under Subsection (a) to the validity or enforcement of the
994	988		registered support order, the registering tribunal shall issue an
995	989		order confirming the order.
996	990		SECTION 46. Section 159.608, Family Code, is amended to
997	991		read as follows:
998	992		Sec. 159.608. CONFIRMED ORDER. Confirmation of a
999	993		registered support order, whether by operation of law or after
1000	994		notice and hearing, precludes further contest of the order with
1001	995		respect to any matter that could have been asserted at the time of
1002	996		registration.
1003	997		SECTION 47. Sections 159.609, 159.610, 159.611, 159.612,
1004	998		159.613, and 159.614, Family Code, are designated as Part 3,
1005	999		Subchapter G, Chapter 159, Family Code, and a heading is added for
1006	1000		that part to read as follows:
1007	1001		PART 3. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF
1008	1002		ANOTHER STATE
1009	1003		SECTION 48. Section 159.609, Family Code, is amended to
1010	1004		read as follows:
1011	1005		Sec. 159.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
1012	1006		ANOTHER STATE FOR MODIFICATION. A party or support enforcement
1013	1007		agency seeking to modify, or to modify and enforce, a child support
1014	1008		order issued in another state shall register that order in this
1015	1009		state in the same manner provided in Sections 159.601 through
1016	1010		159.608 [159.601-159.604] if the order has not been registered. A
1017	1011		petition for modification may be filed at the same time as a request
1018	1012		for registration, or later. The pleading must specify the grounds
1019	1013		for modification.
1020	1014		SECTION 49. Section 159.610, Family Code, is amended to
1021	1015		read as follows:
1022	1016		Sec. 159.610. EFFECT OF REGISTRATION FOR MODIFICATION. A
1023	1017		tribunal of this state may enforce a child support order of another
1024	1018		state registered for purposes of modification in the same manner as
1025	1019		if the order had been issued by a tribunal of this state, but the
1026	1020		registered support order may be modified only if the requirements
1027	1021		of Section 159.611 or [,]159.613 [, or 159.615] have been met.
1028	1022		SECTION 50. Section 159.611, Family Code, is amended by
1029	1023		amending Subsections (a), (c), (d), and (e) and adding Subsection
1030	1024		(f) to read as follows:
1031	1025		(a) If [Except as provided by] Section 159.613 does not
1032	1026		apply [159.615], on petition a tribunal of this state may modify a
1033	1027		child support order issued in another state that is [and]
1034	1028		registered in this state [only] if, [Section 159.613 does not apply
1035	1029		and] after notice and hearing, the tribunal finds that:
1036	1030		(1) the following requirements are met:
1037	1031		(A) the child, the obligee who is an individual,
1038	1032		and the obligor do not reside in the issuing state;
1039	1033		(B) a petitioner who is a nonresident of this
1040	1034		state seeks modification; and
1041	1035		(C) the respondent is subject to the personal
1042	1036		jurisdiction of the tribunal of this state; or
1043	1037		(2) this state is the [state of] residence of the
1044	1038		child, or a party who is an individual is subject to the personal
1045	1039		jurisdiction of the tribunal of this state, and all of the parties
1046	1040		who are individuals have filed consents in a record in the issuing
1047	1041		tribunal for a tribunal of this state to modify the support order
1048	1042		and assume continuing, exclusive jurisdiction.
1049	1043		(c) A [Except as provided by Section 159.615, a] tribunal of
1050	1044		this state may not modify any aspect of a child support order that
1051	1045		may not be modified under the law of the issuing state, including
1052	1046		the duration of the obligation of support [, that may not be
1053	1047		modified under the law of the issuing state]. If two or more
1054	1048		tribunals have issued child support orders for the same obligor and
1055	1049		same child, the order that controls and must be so recognized under
1056	1050		Section 159.207 establishes the aspects of the support order that
1057	1051		are nonmodifiable.
1058	1052		(d) In a proceeding to modify a child support order, the law
1059	1053		of the state that is determined to have issued the initial
1060	1054		controlling order governs the duration of the obligation of
1061	1055		support. The obligor's fulfillment of the duty of support
1062	1056		established by that order precludes imposition of a further
1063	1057		obligation of support by a tribunal of this state.
1064	1058		(e) On issuance of an order by a tribunal of this state
1065	1059		modifying a child support order issued in another state, the
1066	1060		tribunal of this state becomes the tribunal of continuing,
1067	1061		exclusive jurisdiction.
1068	1062		(f) Notwithstanding Subsections (a) through (e) of this
1069	1063		section and Section 159.201(b), a tribunal of this state retains
1070	1064		jurisdiction to modify an order issued by a tribunal of this state
1071	1065		if:
1072	1066		(1) one party resides in another state; and
1073	1067		(2) the other party resides outside the United States.
1074	1068		[(e) In a proceeding to modify a child support order, the
1075	1069		law of the state that is determined to have issued the initial
1076	1070		controlling order governs the duration of the obligation of
1077	1071		support. The obligor's fulfillment of the duty of support
1078	1072		established by that order precludes imposition of a further
1079	1073		obligation of support by a tribunal of this state.]
1080	1074		SECTION 51. Section 159.612, Family Code, is amended to
1081	1075		read as follows:
1082	1076		Sec. 159.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER
1083	1077		STATE. If a child support order issued by a tribunal of this state
1084	1078		is modified by a tribunal of another state that assumed
1085	1079		jurisdiction under the Uniform Interstate Family Support Act, a
1086	1080		tribunal of this state:
1087	1081		(1) may enforce the order that was modified only as to
1088	1082		arrears [arrearages] and interest accruing before the
1089	1083		modification;
1090	1084		(2) may provide appropriate relief for violations of
1091	1085		the order that occurred before the effective date of the
1092	1086		modification; and
1093	1087		(3) shall recognize the modifying order of the other
1094	1088		state, on registration, for the purpose of enforcement.
1095	1089		SECTION 52. Section 159.613(b), Family Code, is amended to
1096	1090		read as follows:
1097	1091		(b) A tribunal of this state exercising jurisdiction under
1098	1092		this section shall apply the provisions of Subchapters B and C, this
1099	1093		subchapter, [Sections 159.101 through 159.209] and [159.601
1100	1094		through 159.614 and] the procedural and substantive law of this
1101	1095		state to the proceeding for enforcement or modification.
1102	1096		Subchapters D, E, F, H, and I [Sections 159.301 through 159.507 and
1103	1097		159.701 through 159.802] do not apply.
1104	1098		SECTION 53. Section 159.615, Family Code, is designated as
1105	1099		Part 4, Subchapter G, Chapter 159, Family Code, and a heading for
1106	1100		that part is added to read as follows:
1107	1101		PART 4. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT
1108	1102		ORDER
1109	1103		SECTION 54. Section 159.615, Family Code, is amended to
1110	1104		read as follows:
1111	1105		Sec. 159.615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
1112	1106		FOREIGN COUNTRY [OR POLITICAL SUBDIVISION]. (a) Except as
1113	1107		otherwise provided by Section 159.711, if [If] a foreign country
1114	1108		lacks or [political subdivision that is a state] refuses to
1115	1109		exercise jurisdiction to modify its child support order pursuant to
1116	1110		its laws [or may not under its law modify its order], a tribunal of
1117	1111		this state may assume jurisdiction to modify the child support
1118	1112		order and bind all individuals subject to the personal jurisdiction
1119	1113		of the tribunal regardless of whether the[:
1120	1114		[(1)] consent to modification of a child support order
1121	1115		otherwise required of the individual [has been given] under Section
1122	1116		159.611 has been given[;] or whether
1123	1117		[(2)] the individual seeking modification is a
1124	1118		resident of this state or of the foreign country [or political
1125	1119		subdivision].
1126	1120		(b) An order issued by a tribunal of this state modifying a
1127	1121		foreign child support order under this section is the controlling
1128	1122		order.
1129	1123		SECTION 55. Part 4, Subchapter G, Chapter 159, Family Code,
1130	1124		as designated by this Act, is amended by adding Section 159.616 to
1131	1125		read as follows:
1132	1126		Sec. 159.616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
1133	1127		FOREIGN COUNTRY FOR MODIFICATION. A party or support enforcement
1134	1128		agency seeking to modify, or to modify and enforce, a foreign child
1135	1129		support order not under the Convention may register that order in
1136	1130		this state under Sections 159.601 through 159.608 if the order has
1137	1131		not been registered. A petition for modification may be filed at the
1138	1132		same time as a request for registration or at another time. The
1139	1133		petition must specify the grounds for modification.
1140	1134		SECTION 56. The heading to Subchapter H, Chapter 159,
1141	1135		Family Code, is amended to read as follows:
1142	1136		SUBCHAPTER H. SUPPORT PROCEEDING UNDER CONVENTION [DETERMINATION
1143	1137		OF PARENTAGE]
1144	1138		SECTION 57. Section 159.701, Family Code, is amended to
1145	1139		read as follows:
1146	1140		Sec. 159.701. DEFINITIONS. In this subchapter:
1147	1141		(1) "Application" means a request under the Convention
1148	1142		by an obligee or obligor, or on behalf of a child, made through a
1149	1143		central authority for assistance from another central authority.
1150	1144		(2) "Central authority" means the entity designated by
1151	1145		the United States or a foreign country described in Section
1152	1146		159.102(5)(D) to perform the functions specified in the Convention.
1153	1147		(3) "Convention support order" means a support order
1154	1148		of a tribunal of a foreign country described in Section
1155	1149		159.102(5)(D).
1156	1150		(4) "Direct request" means a petition filed by an
1157	1151		individual in a tribunal of this state in a proceeding involving an
1158	1152		obligee, obligor, or child residing outside the United States.
1159	1153		(5) "Foreign central authority" means the entity
1160	1154		designated by a foreign country described in Section 159.102(5)(D)
1161	1155		to perform the functions specified in the Convention.
1162	1156		(6) "Foreign support agreement":
1163	1157		(A) means an agreement for support in a record
1164	1158		that:
1165	1159		(i) is enforceable as a support order in the
1166	1160		country of origin;
1167	1161		(ii) has been:
1168	1162		(a) formally drawn up or registered as
1169	1163		an authentic instrument by a foreign tribunal; or
1170	1164		(b) authenticated by, or concluded,
1171	1165		registered, or filed with a foreign tribunal; and
1172	1166		(iii) may be reviewed and modified by a
1173	1167		foreign tribunal; and
1174	1168		(B) includes a maintenance arrangement or
1175	1169		authentic instrument under the Convention.
1176	1170		(7) "United States central authority" means the
1177	1171		secretary of the United States Department of Health and Human
1178	1172		Services. [PROCEEDING TO DETERMINE PARENTAGE. A court of this
1179	1173		state authorized to determine the parentage of a child may serve as
1180	1174		a responding tribunal in a proceeding to determine parentage
1181	1175		brought under this chapter or a law substantially similar to this
1182	1176		chapter.]
1183	1177		SECTION 58. Subchapter H, Chapter 159, Family Code, is
1184	1178		amended by adding Sections 159.702 through 159.713 to read as
1185	1179		follows:
1186	1180		Sec. 159.702. APPLICABILITY. This subchapter applies only
1187	1181		to a support proceeding under the Convention. In such a proceeding,
1188	1182		if a provision of this subchapter is inconsistent with Subchapters
1189	1183		B through G, this subchapter controls.
1190	1184		Sec. 159.703. RELATIONSHIP OF OFFICE OF ATTORNEY GENERAL TO
1191	1185		UNITED STATES CENTRAL AUTHORITY. The office of the attorney
1192	1186		general of this state is recognized as the agency designated by the
1193	1187		United States central authority to perform specific functions under
1194	1188		the Convention.
1195	1189		Sec. 159.704. INITIATION BY OFFICE OF ATTORNEY GENERAL OF
1196	1190		SUPPORT PROCEEDING UNDER CONVENTION. (a) In a support proceeding
1197	1191		under this subchapter, the office of the attorney general of this
1198	1192		state shall:
1199	1193		(1) transmit and receive applications; and
1200	1194		(2) initiate or facilitate the institution of a
1201	1195		proceeding regarding an application in a tribunal of this state.
1202	1196		(b) The following support proceedings are available to an
1203	1197		obligee under the Convention:
1204	1198		(1) recognition or recognition and enforcement of a
1205	1199		foreign support order;
1206	1200		(2) enforcement of a support order issued or
1207	1201		recognized in this state;
1208	1202		(3) establishment of a support order if there is no
1209	1203		existing order, including, if necessary, determination of
1210	1204		parentage of a child;
1211	1205		(4) establishment of a support order if recognition of
1212	1206		a foreign support order is refused under Section 159.708(b)(2),
1213	1207		(4), or (9);
1214	1208		(5) modification of a support order of a tribunal of
1215	1209		this state; and
1216	1210		(6) modification of a support order of a tribunal of
1217	1211		another state or a foreign country.
1218	1212		(c) The following support proceedings are available under
1219	1213		the Convention to an obligor against which there is an existing
1220	1214		support order:
1221	1215		(1) recognition of an order suspending or limiting
1222	1216		enforcement of an existing support order of a tribunal of this
1223	1217		state;
1224	1218		(2) modification of a support order of a tribunal of
1225	1219		this state; and
1226	1220		(3) modification of a support order of a tribunal of
1227	1221		another state or a foreign country.
1228	1222		(d) A tribunal of this state may not require security, bond,
1229	1223		or deposit, however described, to guarantee the payment of costs
1230	1224		and expenses in proceedings under the Convention.
1231	1225		Sec. 159.705. DIRECT REQUEST. (a) A petitioner may file a
1232	1226		direct request seeking establishment or modification of a support
1233	1227		order or determination of parentage of a child. In the proceeding,
1234	1228		the law of this state applies.
1235	1229		(b) A petitioner may file a direct request seeking
1236	1230		recognition and enforcement of a support order or support
1237	1231		agreement. In the proceeding, Sections 159.706 through 159.713
1238	1232		apply.
1239	1233		(c) In a direct request for recognition and enforcement of a
1240	1234		Convention support order or foreign support agreement:
1241	1235		(1) a security, bond, or deposit is not required to
1242	1236		guarantee the payment of costs and expenses; and
1243	1237		(2) an obligee or obligor that in the issuing country
1244	1238		has benefited from free legal assistance is entitled to benefit, at
1245	1239		least to the same extent, from any free legal assistance provided
1246	1240		for by the law of this state under the same circumstances.
1247	1241		(d) A petitioner filing a direct request is not entitled to
1248	1242		assistance from the office of the attorney general.
1249	1243		(e) This subchapter does not prevent the application of laws
1250	1244		of this state that provide simplified, more expeditious rules
1251	1245		regarding a direct request for recognition and enforcement of a
1252	1246		foreign support order or foreign support agreement.
1253	1247		Sec. 159.706. REGISTRATION OF CONVENTION SUPPORT ORDER.
1254	1248		(a) Except as otherwise provided in this subchapter, a party who is
1255	1249		an individual or a support enforcement agency seeking recognition
1256	1250		of a Convention support order shall register the order in this state
1257	1251		as provided in Subchapter G.
1258	1252		(b) Notwithstanding Sections 159.311 and 159.602(a), a
1259	1253		request for registration of a Convention support order must be
1260	1254		accompanied by:
1261	1255		(1) the complete text of the support order or an
1262	1256		abstract or extract of the support order drawn up by the issuing
1263	1257		foreign tribunal, which may be in the form recommended by the Hague
1264	1258		Conference on Private International Law;
1265	1259		(2) a record stating that the support order is
1266	1260		enforceable in the issuing country;
1267	1261		(3) if the respondent did not appear and was not
1268	1262		represented in the proceedings in the issuing country, a record
1269	1263		attesting, as appropriate, either that the respondent had proper
1270	1264		notice of the proceedings and an opportunity to be heard or that the
1271	1265		respondent had proper notice of the support order and an
1272	1266		opportunity to be heard in a challenge or appeal on fact or law
1273	1267		before a tribunal;
1274	1268		(4) a record showing the amount of arrears, if any, and
1275	1269		the date the amount was calculated;
1276	1270		(5) a record showing a requirement for automatic
1277	1271		adjustment of the amount of support, if any, and the information
1278	1272		necessary to make the appropriate calculations; and
1279	1273		(6) if necessary, a record showing the extent to which
1280	1274		the applicant received free legal assistance in the issuing
1281	1275		country.
1282	1276		(c) A request for registration of a Convention support order
1283	1277		may seek recognition and partial enforcement of the order.
1284	1278		(d) A tribunal of this state may vacate the registration of
1285	1279		a Convention support order without the filing of a contest under
1286	1280		Section 159.707 only if, acting on its own motion, the tribunal
1287	1281		finds that recognition and enforcement of the order would be
1288	1282		manifestly incompatible with public policy.
1289	1283		(e) The tribunal shall promptly notify the parties of the
1290	1284		registration or the order vacating the registration of a Convention
1291	1285		support order.
1292	1286		Sec. 159.707. CONTEST OF REGISTERED CONVENTION SUPPORT
1293	1287		ORDER. (a) Except as otherwise provided in this subchapter,
1294	1288		Sections 159.605 through 159.608 apply to a contest of a registered
1295	1289		Convention support order.
1296	1290		(b) A party contesting a registered Convention support
1297	1291		order shall file a contest not later than 30 days after notice of
1298	1292		the registration. If the contesting party does not reside in the
1299	1293		United States, the contest must be filed not later than 60 days
1300	1294		after notice of the registration.
1301	1295		(c) If the nonregistering party fails to contest the
1302	1296		registered Convention support order by the time specified in
1303	1297		Subsection (b), the order is enforceable.
1304	1298		(d) A contest of a registered Convention support order may
1305	1299		be based only on grounds set forth in Section 159.708. The
1306	1300		contesting party bears the burden of proof.
1307	1301		(e) In a contest of a registered Convention support order, a
1308	1302		tribunal of this state:
1309	1303		(1) is bound by the findings of fact on which the
1310	1304		foreign tribunal based its jurisdiction; and
1311	1305		(2) may not review the merits of the order.
1312	1306		(f) A tribunal of this state deciding a contest of a
1313	1307		registered Convention support order shall promptly notify the
1314	1308		parties of its decision.
1315	1309		(g) A challenge or appeal, if any, does not stay the
1316	1310		enforcement of a Convention support order unless there are
1317	1311		exceptional circumstances.
1318	1312		Sec. 159.708. RECOGNITION AND ENFORCEMENT OF REGISTERED
1319	1313		CONVENTION SUPPORT ORDER. (a) Except as otherwise provided in
1320	1314		Subsection (b), a tribunal of this state shall recognize and
1321	1315		enforce a registered Convention support order.
1322	1316		(b) The following grounds are the only grounds on which a
1323	1317		tribunal of this state may refuse recognition and enforcement of a
1324	1318		registered Convention support order:
1325	1319		(1) recognition and enforcement of the order is
1326	1320		manifestly incompatible with public policy, including the failure
1327	1321		of the issuing tribunal to observe minimum standards of due
1328	1322		process, which include notice and an opportunity to be heard;
1329	1323		(2) the issuing tribunal lacked personal jurisdiction
1330	1324		consistent with Section 159.201;
1331	1325		(3) the order is not enforceable in the issuing
1332	1326		country;
1333	1327		(4) the order was obtained by fraud in connection with
1334	1328		a matter of procedure;
1335	1329		(5) a record transmitted in accordance with Section
1336	1330		159.706 lacks authenticity or integrity;
1337	1331		(6) a proceeding between the same parties and having
1338	1332		the same purpose is pending before a tribunal of this state and that
1339	1333		proceeding was the first to be filed;
1340	1334		(7) the order is incompatible with a more recent
1341	1335		support order involving the same parties and having the same
1342	1336		purpose if the more recent support order is entitled to recognition
1343	1337		and enforcement under this chapter in this state;
1344	1338		(8) payment, to the extent alleged arrears have been
1345	1339		paid in whole or in part;
1346	1340		(9) in a case in which the respondent neither appeared
1347	1341		nor was represented in the proceeding in the issuing foreign
1348	1342		country:
1349	1343		(A) if the law of that country provides for prior
1350	1344		notice of proceedings, the respondent did not have proper notice of
1351	1345		the proceedings and an opportunity to be heard; or
1352	1346		(B) if the law of that country does not provide
1353	1347		for prior notice of the proceedings, the respondent did not have
1354	1348		proper notice of the order and an opportunity to be heard in a
1355	1349		challenge or appeal on fact or law before a tribunal; or
1356	1350		(10) the order was made in violation of Section
1357	1351		159.711.
1358	1352		(c) If a tribunal of this state does not recognize a
1359	1353		Convention support order under Subsection (b)(2), (4), or (9):
1360	1354		(1) the tribunal may not dismiss the proceeding
1361	1355		without allowing a reasonable time for a party to request the
1362	1356		establishment of a new Convention support order; and
1363	1357		(2) the office of the attorney general shall take all
1364	1358		appropriate measures to request a child support order for the
1365	1359		obligee if the application for recognition and enforcement was
1366	1360		received under Section 159.704.
1367	1361		Sec. 159.709. PARTIAL ENFORCEMENT. If a tribunal of this
1368	1362		state does not recognize and enforce a Convention support order in
1369	1363		its entirety, it shall enforce any severable part of the order. An
1370	1364		application or direct request may seek recognition and partial
1371	1365		enforcement of a Convention support order.
1372	1366		Sec. 159.710. FOREIGN SUPPORT AGREEMENT. (a) Except as
1373	1367		otherwise provided by Subsections (c) and (d), a tribunal of this
1374	1368		state shall recognize and enforce a foreign support agreement
1375	1369		registered in this state.
1376	1370		(b) An application or direct request for recognition and
1377	1371		enforcement of a foreign support agreement must be accompanied by:
1378	1372		(1) the complete text of the foreign support
1379	1373		agreement; and
1380	1374		(2) a record stating that the foreign support
1381	1375		agreement is enforceable as an order of support in the issuing
1382	1376		country.
1383	1377		(c) A tribunal of this state may vacate the registration of
1384	1378		a foreign support agreement only if, acting on its own motion, the
1385	1379		tribunal finds that recognition and enforcement would be manifestly
1386	1380		incompatible with public policy.
1387	1381		(d) In a contest of a foreign support agreement, a tribunal
1388	1382		of this state may refuse recognition and enforcement of the
1389	1383		agreement if it finds:
1390	1384		(1) recognition and enforcement of the agreement is
1391	1385		manifestly incompatible with public policy;
1392	1386		(2) the agreement was obtained by fraud or
1393	1387		falsification;
1394	1388		(3) the agreement is incompatible with a support order
1395	1389		involving the same parties and having the same purpose in this
1396	1390		state, another state, or a foreign country if the support order is
1397	1391		entitled to recognition and enforcement under this chapter in this
1398	1392		state; or
1399	1393		(4) the record submitted under Subsection (b) lacks
1400	1394		authenticity or integrity.
1401	1395		(e) A proceeding for recognition and enforcement of a
1402	1396		foreign support agreement must be suspended during the pendency of
1403	1397		a challenge to or appeal of the agreement before a tribunal of
1404	1398		another state or a foreign country.
1405	1399		Sec. 159.711. MODIFICATION OF CONVENTION CHILD SUPPORT
1406	1400		ORDER. (a) A tribunal of this state may not modify a Convention
1407	1401		child support order if the obligee remains a resident of the foreign
1408	1402		country where the support order was issued unless:
1409	1403		(1) the obligee submits to the jurisdiction of a
1410	1404		tribunal of this state, either expressly or by defending on the
1411	1405		merits of the case without objecting to the jurisdiction at the
1412	1406		first available opportunity; or
1413	1407		(2) the foreign tribunal lacks or refuses to exercise
1414	1408		jurisdiction to modify its support order or issue a new support
1415	1409		order.
1416	1410		(b) If a tribunal of this state does not modify a Convention
1417	1411		child support order because the order is not recognized in this
1418	1412		state, Section 159.708(c) applies.
1419	1413		Sec. 159.712. PERSONAL INFORMATION; LIMIT ON USE. Personal
1420	1414		information gathered or transmitted under this subchapter may be
1421	1415		used only for the purposes for which it was gathered or transmitted.
1422	1416		Sec. 159.713. RECORD IN ORIGINAL LANGUAGE; ENGLISH
1423	1417		TRANSLATION. A record filed with a tribunal of this state under this
1424	1418		subchapter must be in the original language and, if not in English,
1425	1419		must be accompanied by an English translation.
1426	1420		SECTION 59. Section 159.801(a), Family Code, is amended to
1427	1421		read as follows:
1428	1422		(a) For purposes of this [In this] subchapter, "governor"
1429	1423		includes an individual performing the functions of governor or the
1430	1424		executive authority of a state covered by this chapter.
1431	1425		SECTION 60. Section 159.802(a), Family Code, is amended to
1432	1426		read as follows:
1433	1427		(a) Before making a demand that the governor of another
1434	1428		state surrender an individual charged criminally in this state with
1435	1429		having failed to provide for the support of an obligee, the governor
1436	1430		of this state may require a prosecutor of this state to
1437	1431		demonstrate[:
1438	1432		[(1)] that, not less than 60 days previously [before
1439	1433		the date of the demand], the obligee had initiated proceedings for
1440	1434		support under this chapter[;] or
1441	1435		[(2)] that [initiating] the proceeding would be of no
1442	1436		avail.
1443	1437		SECTION 61. Section 159.901, Family Code, is amended to
1444	1438		read as follows:
1445	1439		Sec. 159.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
1446	1440		In applying and construing this uniform act [chapter],
1447	1441		consideration must be given to the need to promote uniformity of the
1448	1442		law with respect to its [the] subject matter [of this chapter] among
1449	1443		states that enact it [a law similar to this chapter].
1450	1444		SECTION 62. Chapter 159, Family Code, as amended by this
1451	1445		Act, applies to proceedings commenced on or after the effective
1452	1446		date of this Act to establish a support order, determine parentage
1453	1447		of a child, or register, recognize, enforce, or modify a prior
1454	1448		support order, determination, or agreement regardless of the date
1455	1449		the order, determination, or agreement was issued or entered.
1456	1450		SECTION 63. This Act takes effect July 1, 2015, if it
1457	1451		receives a vote of two-thirds of all the members elected to each
1458	1452		house, as provided by Section 39, Article III, Texas Constitution.
1459	1453		If this Act does not receive the vote necessary for effect on that
1460	1454		date, this Act takes effect on the 91st day after the last day of the
1461	1455		legislative session.
1462		-	* * * * *
	1456	+	______________________________ ______________________________
	1457	+	President of the Senate Speaker of the House
	1458	+	I certify that H.B. No. 3538 was passed by the House on May 7,
	1459	+	2015, by the following vote: Yeas 140, Nays 0, 2 present, not
	1460	+	voting.
	1461	+	______________________________
	1462	+	Chief Clerk of the House
	1463	+	I certify that H.B. No. 3538 was passed by the Senate on May
	1464	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	1465	+	______________________________
	1466	+	Secretary of the Senate
	1467	+	APPROVED: _____________________
	1468	+	Date
	1469	+	_____________________
	1470	+	Governor