Texas 2015 - 84th Regular

Texas Senate Bill SB1523 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: West S.B. No. 1523
2	2	(In the Senate - Filed March 12, 2015; March 23, 2015, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 28, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; April 28, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1523 By: Ellis
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the adoption of the Uniform Interstate Family Support
14	14	Act of 2008.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 159.102, Family Code, is amended to read
17	17	as follows:
18	18	Sec. 159.102. DEFINITIONS. In this chapter:
19	19	(1) "Child" means an individual, whether over or under
20	20	the age of majority, who:
21	21	(A) is or is alleged to be owed a duty of support
22	22	by the individual's parent; or
23	23	(B) is or is alleged to be the beneficiary of a
24	24	support order directed to the parent.
25	25	(2) "Child support order" means a support order for a
26	26	child, including a child who has attained the age of majority under
27	27	the law of the issuing state or foreign country.
28	28	(3) "Convention" means the Convention on the
29	29	International Recovery of Child Support and Other Forms of Family
30	30	Maintenance, concluded at The Hague on November 23, 2007.
31	31	(4) "Duty of support" means an obligation imposed or
32	32	imposable by law to provide support for a child, spouse, or former
33	33	spouse, including an unsatisfied obligation to provide support.
34	34	(5) "Foreign country" means a country, including a
35	35	political subdivision thereof, other than the United States, that
36	36	authorizes the issuance of support orders and:
37	37	(A) which has been declared under the law of the
38	38	United States to be a foreign reciprocating country;
39	39	(B) which has established a reciprocal
40	40	arrangement for child support with this state as provided in
41	41	Section 159.308;
42	42	(C) which has enacted a law or established
43	43	procedures for the issuance and enforcement of support orders which
44	44	are substantially similar to the procedures under this chapter; or
45	45	(D) in which the Convention is in force with
46	46	respect to the United States.
47	47	(6) "Foreign support order" means a support order of a
48	48	foreign tribunal.
49	49	(7) "Foreign tribunal" means a court, administrative
50	50	agency, or quasi-judicial entity of a foreign country which is
51	51	authorized to establish, enforce, or modify support orders or to
52	52	determine parentage of a child. The term includes a competent
53	53	authority under the Convention.
54	54	(8) [(4)] "Home state" means the state or foreign
55	55	country in which a child lived with a parent or a person acting as
56	56	parent for at least six consecutive months immediately preceding
57	57	the time of filing of a petition or a comparable pleading for
58	58	support and, if a child is less than six months old, the state or
59	59	foreign country in which the child lived from birth with any of them
60	60	[with a parent or a person acting as parent from the time of birth].
61	61	A period of temporary absence of any of them is counted as part of
62	62	the six-month or other period.
63	63	(9) [(5)] "Income" includes earnings or other
64	64	periodic entitlements to money from any source and any other
65	65	property subject to withholding for support under the law of this
66	66	state.
67	67	(10) [(6)] "Income-withholding order" means an order
68	68	or other legal process directed to an obligor's employer, as
69	69	provided in Chapter 158, to withhold support from the income of the
70	70	obligor.
71	71	(11) [(7) "Initiating state" means a state from which
72	72	a proceeding is forwarded or in which a proceeding is filed for
73	73	forwarding to a responding state under this chapter or a law or
74	74	procedure substantially similar to this chapter.
75	75	[(8)] "Initiating tribunal" means the [authorized]
76	76	tribunal of a state or foreign country from which a petition or
77	77	comparable pleading is forwarded or a petition or comparable
78	78	pleading is filed for forwarding to another state or foreign
79	79	country [in an initiating state].
80	80	(12) "Issuing foreign country" means the foreign
81	81	country in which a tribunal issues a support order or a judgment
82	82	determining parentage of a child.
83	83	(13) [(9)] "Issuing state" means the state in which a
84	84	tribunal issues a support order or [renders] a judgment determining
85	85	parentage of a child.
86	86	(14) [(10)] "Issuing tribunal" means the tribunal of a
87	87	state or foreign country that issues a support order or [renders] a
88	88	judgment determining parentage of a child.
89	89	(15) [(11)] "Law" includes decisional and statutory
90	90	law and rules and regulations having the force of law.
91	91	(16) [(12)] "Obligee" means:
92	92	(A) an individual to whom a duty of support is or
93	93	is alleged to be owed or in whose favor a support order [has been
94	94	issued] or a judgment determining parentage of a child has been
95	95	issued [rendered];
96	96	(B) a foreign country, state, or political
97	97	subdivision of a state to which the rights under a duty of support
98	98	or support order have been assigned or that has independent claims
99	99	based on financial assistance provided to an individual obligee in
100	100	place of child support; [or]
101	101	(C) an individual seeking a judgment determining
102	102	parentage of the individual's child; or
103	103	(D) a person that is a creditor in a proceeding
104	104	under Subchapter H.
105	105	(17) [(13)] "Obligor" means an individual, or the
106	106	estate of a decedent, that:
107	107	(A) [who] owes or is alleged to owe a duty of
108	108	support;
109	109	(B) [who] is alleged but has not been adjudicated
110	110	to be a parent of a child; [or]
111	111	(C) [who] is liable under a support order; or
112	112	(D) is a debtor in a proceeding under Subchapter
113	113	H.
114	114	(18) "Outside this state" means a location in another
115	115	state or a country other than the United States, whether or not the
116	116	country is a foreign country.
117	117	(19) [(14)] "Person" means an individual,
118	118	corporation, business trust, estate, trust, partnership, limited
119	119	liability company, association, joint venture, public corporation,
120	120	government or [,] governmental subdivision, agency, or
121	121	instrumentality, [public corporation,] or any other legal or
122	122	commercial entity.
123	123	(20) [(15)] "Record" means information that is:
124	124	(A) inscribed on a tangible medium or that is
125	125	stored in an electronic or other medium; and
126	126	(B) retrievable in a perceivable form.
127	127	(21) [(16)] "Register" means to file in a tribunal of
128	128	this state a support order or judgment determining parentage of a
129	129	child issued in another state or a [in the registry of] foreign
130	130	country [support orders].
131	131	(22) [(17)] "Registering tribunal" means a tribunal
132	132	in which a support order or judgment determining parentage of a
133	133	child is registered.
134	134	(23) [(18)] "Responding state" means a state in which
135	135	a petition or comparable pleading for support or to determine
136	136	parentage of a child [proceeding] is filed or to which a petition or
137	137	comparable pleading [proceeding] is forwarded for filing from
138	138	another [an initiating] state or a foreign country [under this
139	139	chapter or a law or procedure substantially similar to this
140	140	chapter].
141	141	(24) [(19)] "Responding tribunal" means the
142	142	authorized tribunal in a responding state or foreign country.
143	143	(25) [(20)] "Spousal support order" means a support
144	144	order for a spouse or former spouse of the obligor.
145	145	(26) [(21)] "State" means a state of the United
146	146	States, the District of Columbia, Puerto Rico, the United States
147	147	Virgin Islands, or any territory or insular possession subject to
148	148	the jurisdiction of the United States. The term includes[:
149	149	[(A)] an Indian nation or tribe[; and
150	150	[(B) a foreign country or political subdivision
151	151	that has:
152	152	[(i) been declared to be a foreign
153	153	reciprocating country or political subdivision under federal law;
154	154	[(ii) established a reciprocal arrangement
155	155	for child support with this state as provided by Section 159.308; or
156	156	[(iii) enacted a law or established
157	157	procedures for issuance and enforcement of support orders that are
158	158	substantially similar to the procedures under this chapter].
159	159	(27) [(22)] "Support enforcement agency" means a
160	160	public official, governmental entity, or private agency authorized
161	161	to [seek]:
162	162	(A) seek enforcement of support orders or laws
163	163	relating to the duty of support;
164	164	(B) seek establishment or modification of child
165	165	support;
166	166	(C) request determination of parentage of a
167	167	child;
168	168	(D) attempt to locate [the location of] obligors
169	169	or their assets; or
170	170	(E) request determination of the controlling
171	171	child support order.
172	172	"Support enforcement agency" does not include a domestic
173	173	relations office unless that office has entered into a cooperative
174	174	agreement with the Title IV-D agency to perform duties under this
175	175	chapter.
176	176	(28) [(23)] "Support order" means a judgment, decree,
177	177	order, decision, or directive, whether temporary, final, or subject
178	178	to modification, issued in a state or foreign country [by a
179	179	tribunal] for the benefit of a child, a spouse, or a former spouse
180	180	that provides for monetary support, health care, arrearages,
181	181	retroactive support, or reimbursement for financial assistance
182	182	provided to an individual obligee in place of child support. The
183	183	term [and] may include related costs and fees, interest, income
184	184	withholding, automatic adjustment, reasonable attorney's fees, and
185	185	other relief.
186	186	(29) [(24)] "Tribunal" means a court, administrative
187	187	agency, or quasi-judicial entity authorized to establish, enforce,
188	188	or modify support orders or to determine parentage of a child.
189	189	SECTION 2. Section 159.103, Family Code, is amended to read
190	190	as follows:
191	191	Sec. 159.103. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY
192	192	[OF STATE]. (a) The court is the tribunal of this state.
193	193	(b) The office of the attorney general is the support
194	194	enforcement agency of this state.
195	195	SECTION 3. Sections 159.104(a) and (b), Family Code, are
196	196	amended to read as follows:
197	197	(a) Remedies provided by [in] this chapter are cumulative
198	198	and do not affect the availability of remedies under other law or [,
199	199	including] the recognition of a foreign support order [of a foreign
200	200	country or political subdivision] on the basis of comity.
201	201	(b) This chapter does not:
202	202	(1) provide the exclusive method of establishing or
203	203	enforcing a support order under the law of this state; or
204	204	(2) grant a tribunal of this state jurisdiction to
205	205	render [a] judgment or issue an order relating to child custody or
206	206	visitation in a proceeding under this chapter.
207	207	SECTION 4. Subchapter B, Chapter 159, Family Code, is
208	208	amended by adding Section 159.105 to read as follows:
209	209	Sec. 159.105. APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN
210	210	COUNTRY AND FOREIGN SUPPORT PROCEEDING. (a) A tribunal of this
211	211	state shall apply Subchapters B through G and, as applicable,
212	212	Subchapter H to a support proceeding involving:
213	213	(1) a foreign support order;
214	214	(2) a foreign tribunal; or
215	215	(3) an obligee, obligor, or child residing in a
216	216	foreign country.
217	217	(b) A tribunal of this state that is requested to recognize
218	218	and enforce a support order on the basis of comity may apply the
219	219	procedural and substantive provisions of Subchapters B through G.
220	220	(c) Subchapter H applies only to a support proceeding under
221	221	the Convention. In such a proceeding, if a provision of Subchapter
222	222	H is inconsistent with Subchapters B through G, Subchapter H
223	223	controls.
224	224	SECTION 5. Section 159.201, Family Code, as amended by S.B.
225	225	No. 219, Acts of the 84th Legislature, Regular Session, 2015, is
226	226	amended to read as follows:
227	227	Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT.
228	228	(a) In a proceeding to establish or enforce a support order or to
229	229	determine parentage of a child, a tribunal of this state may
230	230	exercise personal jurisdiction over a nonresident individual or the
231	231	individual's guardian or conservator if:
232	232	(1) the individual is personally served with citation
233	233	in this state;
234	234	(2) the individual submits to the jurisdiction of this
235	235	state by consent in a record, by entering a general appearance, or
236	236	by filing a responsive document having the effect of waiving any
237	237	contest to personal jurisdiction;
238	238	(3) the individual resided with the child in this
239	239	state;
240	240	(4) the individual resided in this state and provided
241	241	prenatal expenses or support for the child;
242	242	(5) the child resides in this state as a result of the
243	243	acts or directives of the individual;
244	244	(6) the individual engaged in sexual intercourse in
245	245	this state and the child may have been conceived by that act of
246	246	intercourse;
247	247	(7) the individual asserted parentage of a child in
248	248	the paternity registry maintained in this state by the vital
249	249	statistics unit; or
250	250	(8) there is any other basis consistent with the
251	251	constitutions of this state and the United States for the exercise
252	252	of personal jurisdiction.
253	253	(b) The [A tribunal of this state may not use the] bases of
254	254	personal jurisdiction listed in Subsection (a) or in any other law
255	255	of this state may not be used to acquire personal jurisdiction for a
256	256	tribunal of this state to modify a child support order of another
257	257	state unless the requirements of Section 159.611 are met, or, in the
258	258	case of a foreign support order, unless the requirements of Section
259	259	159.615 are met [or 159.615 are satisfied].
260	260	SECTION 6. Section 159.202, Family Code, is amended to read
261	261	as follows:
262	262	Sec. 159.202. DURATION OF PERSONAL JURISDICTION. Personal
263	263	jurisdiction acquired by a tribunal of this state in a proceeding
264	264	under this chapter or other law of this state relating to a support
265	265	order continues as long as the tribunal of this state has
266	266	continuing, exclusive jurisdiction to modify its order or
267	267	continuing jurisdiction to enforce its order as provided by [under]
268	268	Sections 159.205, 159.206, and 159.211.
269	269	SECTION 7. Section 159.203, Family Code, is amended to read
270	270	as follows:
271	271	Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF STATE.
272	272	Under this chapter, a tribunal of this state may serve as an
273	273	initiating tribunal to forward proceedings to a tribunal of another
274	274	state and as a responding tribunal for proceedings initiated in
275	275	another state or a foreign country.
276	276	SECTION 8. Section 159.204, Family Code, is amended to read
277	277	as follows:
278	278	Sec. 159.204. SIMULTANEOUS PROCEEDINGS. (a) A tribunal of
279	279	this state may exercise jurisdiction to establish a support order
280	280	if the petition or comparable pleading is filed after a pleading is
281	281	filed in another state or a foreign country only if:
282	282	(1) the petition or comparable pleading in this state
283	283	is filed before the expiration of the time allowed in the other
284	284	state or the foreign country for filing a responsive pleading
285	285	challenging the exercise of jurisdiction by the other state or the
286	286	foreign country;
287	287	(2) the contesting party timely challenges the
288	288	exercise of jurisdiction in the other state or the foreign country;
289	289	and
290	290	(3) if relevant, this state is the home state of the
291	291	child.
292	292	(b) A tribunal of this state may not exercise jurisdiction
293	293	to establish a support order if the petition or comparable pleading
294	294	is filed before a petition or comparable pleading is filed in
295	295	another state or a foreign country if:
296	296	(1) the petition or comparable pleading in the other
297	297	state or foreign country is filed before the expiration of the time
298	298	allowed in this state for filing a responsive pleading challenging
299	299	the exercise of jurisdiction by this state;
300	300	(2) the contesting party timely challenges the
301	301	exercise of jurisdiction in this state; and
302	302	(3) if relevant, the other state or foreign country is
303	303	the home state of the child.
304	304	SECTION 9. Sections 159.205(a), (b), (c), and (d), Family
305	305	Code, are amended to read as follows:
306	306	(a) A tribunal of this state that has issued a child support
307	307	order consistent with the law of this state has and shall exercise
308	308	continuing, exclusive jurisdiction to modify its child support
309	309	order if the order is the controlling order and:
310	310	(1) at the time of the filing of a request for
311	311	modification [is filed,] this state is the [state of] residence of
312	312	the obligor, the individual obligee, or the child for whose benefit
313	313	the support order is issued; or
314	314	(2) even if this state is not the residence of the
315	315	obligor, the individual obligee, or the child for whose benefit the
316	316	support order is issued, the parties consent in a record or in open
317	317	court that the tribunal of this state may continue to exercise
318	318	jurisdiction to modify its order.
319	319	(b) A tribunal of this state that has issued a child support
320	320	order consistent with the law of this state may not exercise
321	321	continuing, exclusive jurisdiction to modify the order if:
322	322	(1) all of the parties [each party] who are
323	323	individuals file [is an individual files a] consent in a record with
324	324	the tribunal of this state that a tribunal of another state that has
325	325	jurisdiction over at least one of the parties who is an individual
326	326	or that is located in the state of residence of the child may modify
327	327	the order and assume continuing, exclusive jurisdiction; or
328	328	(2) the tribunal's order is not the controlling order.
329	329	(c) If a [A] tribunal of another [this] state [shall
330	330	recognize the continuing, exclusive jurisdiction of a tribunal of
331	331	another state if the tribunal of the other state] has issued a child
332	332	support order pursuant to the Uniform Interstate Family Support Act
333	333	or a law substantially similar to that Act that modifies a child
334	334	support order of a tribunal of this state, tribunals of this state
335	335	shall recognize the continuing, exclusive jurisdiction of the
336	336	tribunal of the other state [under a law substantially similar to
337	337	this chapter].
338	338	(d) A tribunal of this state that lacks [does not have]
339	339	continuing, exclusive jurisdiction to modify a child support order
340	340	may serve as an initiating tribunal to request a tribunal of another
341	341	state to modify a support order issued in that state.
342	342	SECTION 10. Section 159.206(a), Family Code, is amended to
343	343	read as follows:
344	344	(a) A tribunal of this state that has issued a child support
345	345	order consistent with the law of this state may serve as an
346	346	initiating tribunal to request a tribunal of another state to
347	347	enforce:
348	348	(1) the order, if the order:
349	349	(A) is the controlling order; and
350	350	(B) has not been modified by a tribunal of
351	351	another state that assumed jurisdiction under the Uniform
352	352	Interstate Family Support Act; or
353	353	(2) a money judgment for arrears of support
354	354	[arrearages] and interest on the order accrued before a
355	355	determination that an order of a tribunal of another state is the
356	356	controlling order.
357	357	SECTION 11. Section 159.207, Family Code, is amended to
358	358	read as follows:
359	359	Sec. 159.207. DETERMINATION OF CONTROLLING CHILD SUPPORT
360	360	ORDER. (a) If a proceeding is brought under this chapter and only
361	361	one tribunal has issued a child support order, the order of that
362	362	tribunal controls and must be [so] recognized.
363	363	(b) If a proceeding is brought under this chapter and two or
364	364	more child support orders have been issued by tribunals of this
365	365	state, [or] another state, or a foreign country with regard to the
366	366	same obligor and same child, a tribunal of this state having
367	367	personal jurisdiction over both the obligor and individual obligee
368	368	shall apply the following rules and by order shall [to] determine
369	369	[by order] which order controls and must be recognized:
370	370	(1) if only one of the tribunals would have
371	371	continuing, exclusive jurisdiction under this chapter, the order of
372	372	that tribunal controls [and must be so recognized];
373	373	(2) if more than one of the tribunals would have
374	374	continuing, exclusive jurisdiction under this chapter:
375	375	(A) an order issued by a tribunal in the current
376	376	home state of the child controls [if an order is issued in the
377	377	current home state of the child]; or
378	378	(B) [the order most recently issued controls] if
379	379	an order has not been issued in the current home state of the child,
380	380	the order most recently issued controls; and
381	381	(3) if none of the tribunals would have continuing,
382	382	exclusive jurisdiction under this chapter, the tribunal of this
383	383	state shall issue a child support order that controls.
384	384	(c) If two or more child support orders have been issued for
385	385	the same obligor and same child, on request of a party who is an
386	386	individual or that is a support enforcement agency, a tribunal of
387	387	this state having personal jurisdiction over both the obligor and
388	388	the obligee who is an individual shall determine which order
389	389	controls under Subsection (b). The request may be filed[:
390	390	[(1)] with a registration for enforcement or
391	391	registration for modification under Subchapter G[;] or may be filed
392	392	[(2)] as a separate proceeding.
393	393	(d) A request to determine which is the controlling order
394	394	must be accompanied by a copy of every [each] child support order in
395	395	effect and the applicable record of payments. The requesting party
396	396	shall give notice of the request to each party whose rights may be
397	397	affected by the determination.
398	398	(e) The tribunal that issued the controlling order under
399	399	Subsection (a), (b), or (c) has continuing jurisdiction to the
400	400	extent provided by [under] Section 159.205 or 159.206.
401	401	(f) A tribunal of this state that determines by order which
402	402	[order] is the controlling order under Subsection (b)(1) or (2) or
403	403	Subsection (c), or that issues a new controlling order under
404	404	Subsection (b)(3), shall state in that order:
405	405	(1) the basis upon which the tribunal made its
406	406	determination;
407	407	(2) the amount of prospective [child] support, if any;
408	408	and
409	409	(3) the total amount of consolidated arrears
410	410	[arrearages] and accrued interest, if any, under all of the orders
411	411	after all payments made are credited as provided by [under] Section
412	412	159.209.
413	413	(g) Within 30 days after issuance of an order determining
414	414	which order is the controlling order, the party obtaining the order
415	415	shall file a certified copy of the controlling order in each
416	416	tribunal that issued or registered an earlier order of child
417	417	support. A party or support enforcement agency obtaining [that
418	418	obtains] the order that [and] fails to file a certified copy [of the
419	419	order] is subject to appropriate sanctions by a tribunal in which
420	420	the issue of failure to file arises. The failure to file does not
421	421	affect the validity or enforceability of the controlling order.
422	422	(h) An order that has been determined to be the controlling
423	423	order, or a judgment for consolidated arrears of support
424	424	[arrearages] and interest, if any, made [issued] under this
425	425	section, must be recognized in proceedings [a proceeding] under
426	426	this chapter.
427	427	SECTION 12. Section 159.208, Family Code, is amended to
428	428	read as follows:
429	429	Sec. 159.208. CHILD SUPPORT ORDERS FOR TWO OR MORE
430	430	OBLIGEES. In responding to registrations or petitions for
431	431	enforcement of two or more child support orders in effect at the
432	432	same time with regard to the same obligor and different individual
433	433	obligees, at least one of which was issued by a tribunal of another
434	434	state or a foreign country, a tribunal of this state shall enforce
435	435	those orders in the same manner as if the orders had been issued by a
436	436	tribunal of this state.
437	437	SECTION 13. Section 159.209, Family Code, is amended to
438	438	read as follows:
439	439	Sec. 159.209. CREDIT FOR PAYMENTS. A tribunal of this state
440	440	shall credit amounts collected for a particular period under any
441	441	child [a] support order against the amounts owed for the same period
442	442	under any other child support order for support of the same child
443	443	issued by a tribunal of this state, [or] another state, or a foreign
444	444	country.
445	445	SECTION 14. Section 159.210, Family Code, is amended to
446	446	read as follows:
447	447	Sec. 159.210. APPLICATION OF CHAPTER [APPLICABILITY] TO
448	448	NONRESIDENT SUBJECT TO PERSONAL JURISDICTION. A [(a) Except as
449	449	provided by Subsection (b), Subchapters D-H do not apply to a]
450	450	tribunal of this state exercising personal jurisdiction over a
451	451	nonresident in a proceeding under this chapter or under other law of
452	452	this state relating to a support order or recognizing a foreign
453	453	support order [of a foreign country or political subdivision on the
454	454	basis of comity. The tribunal shall apply the procedural and
455	455	substantive law of this state in a proceeding described by this
456	456	subsection.
457	457	[(b) Notwithstanding Subsection (a), a tribunal of this
458	458	state exercising personal jurisdiction over a nonresident in a
459	459	proceeding under this chapter or under other law of this state
460	460	relating to a support order or recognizing a support order of a
461	461	foreign country or political subdivision on the basis of comity]
462	462	may[:
463	463	[(1)] receive evidence from outside this [another]
464	464	state as provided by Section 159.316,[;
465	465	[(2)] communicate with a tribunal outside this [of
466	466	another] state as provided by Section 159.317,[;] and
467	467	[(3)] obtain discovery through a tribunal outside this
468	468	[of another] state as provided by Section 159.318. In all other
469	469	respects, Subchapters D, E, F, and G do not apply and the tribunal
470	470	shall apply the procedural and substantive law of this state.
471	471	SECTION 15. Section 159.211(b), Family Code, is amended to
472	472	read as follows:
473	473	(b) A tribunal of this state may not modify a spousal
474	474	support order issued by a tribunal of another state or a foreign
475	475	country having continuing, exclusive jurisdiction over that order
476	476	under the law of that state or foreign country.
477	477	SECTION 16. Section 159.301(c), Family Code, is amended to
478	478	read as follows:
479	479	(c) An individual petitioner or a support enforcement
480	480	agency may initiate a proceeding authorized under this chapter by
481	481	filing a petition in an initiating tribunal for forwarding to a
482	482	responding tribunal or by filing a petition or a comparable
483	483	pleading directly in a tribunal of another state or foreign country
484	484	that has or [that] can obtain personal jurisdiction over the
485	485	respondent.
486	486	SECTION 17. Section 159.304(b), Family Code, is amended to
487	487	read as follows:
488	488	(b) If requested by the responding tribunal, a tribunal of
489	489	this state shall issue a certificate or other document and make
490	490	findings required by the law of the responding state. If the
491	491	responding tribunal [state] is in a foreign country [or political
492	492	subdivision], on request the tribunal of this state shall specify
493	493	the amount of support sought, convert that amount into the
494	494	equivalent amount in the foreign currency under the applicable
495	495	official or market exchange rate as publicly reported, and provide
496	496	any other documents necessary to satisfy the requirements of the
497	497	responding foreign tribunal [state].
498	498	SECTION 18. Sections 159.305(b) and (f), Family Code, are
499	499	amended to read as follows:
500	500	(b) A [Except as prohibited by other law, a] responding
501	501	tribunal of this state, to the extent not prohibited by other law,
502	502	may do one or more of the following:
503	503	(1) establish [issue] or enforce a support order,
504	504	modify a child support order, determine the controlling child
505	505	support order, or determine parentage of a child;
506	506	(2) order an obligor to comply with a support order,
507	507	specifying [and specify] the amount and the manner of compliance;
508	508	(3) order income withholding;
509	509	(4) determine the amount of any arrearages and specify
510	510	a method of payment;
511	511	(5) enforce orders by civil or criminal contempt, or
512	512	both;
513	513	(6) set aside property for satisfaction of the support
514	514	order;
515	515	(7) place liens and order execution on the obligor's
516	516	property;
517	517	(8) order an obligor to keep the tribunal informed of
518	518	the obligor's current residential address, electronic mail
519	519	address, telephone number, employer, address of employment, and
520	520	telephone number at the place of employment;
521	521	(9) issue a bench warrant or capias for an obligor who
522	522	has failed after proper notice to appear at a hearing ordered by the
523	523	tribunal and enter the bench warrant or capias in any local and
524	524	state computer systems for criminal warrants;
525	525	(10) order the obligor to seek appropriate employment
526	526	by specified methods;
527	527	(11) award reasonable attorney's fees and other fees
528	528	and costs; and
529	529	(12) grant any other available remedy.
530	530	(f) If requested to enforce a support order, arrears
531	531	[arrearages], or [a] judgment or [to] modify a support order stated
532	532	in a foreign currency, a responding tribunal of this state shall
533	533	convert the amount stated in the foreign currency to the equivalent
534	534	amount in dollars under the applicable official or market exchange
535	535	rate as publicly reported.
536	536	SECTION 19. Sections 159.307(b), (c), (d), and (e), Family
537	537	Code, are amended to read as follows:
538	538	(b) A support enforcement agency of this state that is
539	539	providing [provides] services to the petitioner shall:
540	540	(1) take all steps necessary to enable an appropriate
541	541	tribunal of [in] this state, [or] another state, or a foreign
542	542	country to obtain jurisdiction over the respondent;
543	543	(2) request an appropriate tribunal to set a date,
544	544	time, and place for a hearing;
545	545	(3) make a reasonable effort to obtain all relevant
546	546	information, including information as to income and property of the
547	547	parties;
548	548	(4) within two days [not later than the second day],
549	549	exclusive of [excluding] Saturdays, Sundays, and legal holidays,
550	550	after [the date of] receipt of [a written] notice in a record from
551	551	an initiating, responding, or registering tribunal, send a copy of
552	552	the notice to the petitioner;
553	553	(5) within two days [not later than the second day],
554	554	exclusive of [excluding] Saturdays, Sundays, and legal holidays,
555	555	after [the date of] receipt of [a written] communication in a record
556	556	from the respondent or the respondent's attorney, send a copy of the
557	557	communication to the petitioner; and
558	558	(6) notify the petitioner if jurisdiction over the
559	559	respondent cannot be obtained.
560	560	(c) A support enforcement agency of this state that requests
561	561	registration of a child support order in this state for enforcement
562	562	or for modification shall make reasonable efforts [to ensure that]:
563	563	(1) to ensure that the order to be registered is the
564	564	controlling order; or
565	565	(2) if two or more child support orders exist and the
566	566	identity of the controlling order has not been determined, to
567	567	ensure that a request for such a determination [of which order is
568	568	the controlling order] is made in a tribunal having jurisdiction to
569	569	do so [to make the determination, if two or more child support
570	570	orders have been issued and a determination of the controlling
571	571	order has not been made].
572	572	(d) A support enforcement agency of this state that requests
573	573	registration and enforcement of a support order, arrears
574	574	[arrearages], or a judgment stated in a foreign currency shall
575	575	convert the amount stated in the foreign currency into [to] the
576	576	equivalent amount in dollars under the applicable official or
577	577	market exchange rate as publicly reported.
578	578	(e) A support enforcement agency of this state shall issue,
579	579	or request a tribunal of this state to issue, a child support order
580	580	and an income-withholding order that redirects payment of current
581	581	support, arrears [arrearages], and interest if requested to do so
582	582	by a support enforcement agency of another state under Section
583	583	159.319.
584	584	SECTION 20. The heading of Section 159.308, Family Code, is
585	585	amended to read as follows:
586	586	Sec. 159.308. DUTY OF ATTORNEY GENERAL AND GOVERNOR
587	587	[CERTAIN STATE OFFICIALS].
588	588	SECTION 21. Section 159.308(b), Family Code, is amended to
589	589	read as follows:
590	590	(b) The governor may determine that a foreign country [or
591	591	political subdivision] has established a reciprocal arrangement
592	592	for child support with this state and take appropriate action for
593	593	notification of the determination.
594	594	SECTION 22. Section 159.310(b), Family Code, is amended to
595	595	read as follows:
596	596	(b) The state information agency shall:
597	597	(1) compile and maintain a current list, including
598	598	addresses, of the tribunals in this state that have jurisdiction
599	599	under this chapter and any support enforcement agencies in this
600	600	state and transmit [send] a copy to the state information agency of
601	601	every other state;
602	602	(2) maintain a register of names and addresses of
603	603	tribunals and support enforcement agencies received from other
604	604	states;
605	605	(3) forward to the appropriate tribunal in the county
606	606	in this state in which [where] the obligee who is an individual or
607	607	the obligor resides, or in which [where] the obligor's property is
608	608	believed to be located, all documents concerning a proceeding under
609	609	this chapter received from another state or a foreign country [an
610	610	initiating tribunal or the state information agency of the
611	611	initiating state]; and
612	612	(4) obtain information concerning the location of the
613	613	obligor and the obligor's property in this state not exempt from
614	614	execution, by such means as postal verification and federal or
615	615	state locator services, examination of telephone directories,
616	616	requests for the obligor's address from employers, and examination
617	617	of governmental records, including, to the extent not prohibited by
618	618	other law, those relating to real property, vital statistics, law
619	619	enforcement, taxation, motor vehicles, driver's licenses, and
620	620	social security.
621	621	SECTION 23. Section 159.311(a), Family Code, is amended to
622	622	read as follows:
623	623	(a) In a proceeding under this chapter, a petitioner seeking
624	624	to establish a support order, to determine parentage of a child, or
625	625	to register and modify a support order of a tribunal of another
626	626	state or foreign country must file a petition. Unless otherwise
627	627	ordered under Section 159.312, the petition or accompanying
628	628	documents must provide, so far as known, the name, residential
629	629	address, and social security numbers of the obligor and the obligee
630	630	or the parent and alleged parent, and the name, sex, residential
631	631	address, social security number, and date of birth of each child for
632	632	whose benefit support is sought or whose parentage is to be
633	633	determined. Unless filed at the time of registration, the petition
634	634	must be accompanied by a copy of any support order known to have
635	635	been issued by another tribunal. The petition may include any other
636	636	information that may assist in locating or identifying the
637	637	respondent.
638	638	SECTION 24. Section 159.312, Family Code, is amended to
639	639	read as follows:
640	640	Sec. 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
641	641	CIRCUMSTANCES. If a party alleges in an affidavit or pleading under
642	642	oath that the health, safety, or liberty of a party or child would
643	643	be jeopardized by disclosure of specific identifying information
644	644	[regarding the party or the child], that [the identifying]
645	645	information must [shall] be sealed and may not be disclosed to the
646	646	other party or [to] the public. After a hearing in which a tribunal
647	647	takes into consideration [considers] the health, safety, or liberty
648	648	of the party or [the] child, the tribunal may order disclosure of
649	649	information that [if] the tribunal determines to be in the interest
650	650	[that the disclosure serves the interests] of justice.
651	651	SECTION 25. Sections 159.313(b) and (c), Family Code, are
652	652	amended to read as follows:
653	653	(b) If an obligee prevails, a responding tribunal of this
654	654	state may assess against an obligor filing fees, reasonable
655	655	attorney's fees, other costs, and necessary travel and other
656	656	reasonable expenses incurred by the obligee and the obligee's
657	657	witnesses. The tribunal may not assess fees, costs, or expenses
658	658	against the obligee or the support enforcement agency of either the
659	659	initiating [state] or [the] responding state or foreign country,
660	660	except as provided by other law. Attorney's fees may be taxed as
661	661	costs, and may be ordered paid directly to the attorney, who may
662	662	enforce the order in the attorney's own name. Payment of support
663	663	owed to the obligee has priority over fees, costs, and expenses.
664	664	(c) The tribunal shall order the payment of costs and
665	665	reasonable attorney's fees if it determines that a hearing was
666	666	requested primarily for delay. In a proceeding under Subchapter G
667	667	[pursuant to Sections 159.601 through 159.608], a hearing is
668	668	presumed to have been requested primarily for delay if a registered
669	669	support order is confirmed or enforced without change.
670	670	SECTION 26. Section 159.314(c), Family Code, is amended to
671	671	read as follows:
672	672	(c) The immunity granted by this section does not extend to
673	673	civil litigation based on acts unrelated to a proceeding under this
674	674	chapter committed by a party while physically present in this state
675	675	to participate in the proceeding.
676	676	SECTION 27. Sections 159.316(a), (b), (d), (e), and (f),
677	677	Family Code, are amended to read as follows:
678	678	(a) The physical presence of a nonresident party who is an
679	679	individual in a tribunal of this state is not required for the
680	680	establishment, enforcement, or modification of a support order or
681	681	the rendition of a judgment determining parentage of a child.
682	682	(b) An affidavit, a document substantially complying with
683	683	federally mandated forms, or a document incorporated by reference
684	684	in an affidavit or document, that would not be excluded under the
685	685	hearsay rule if given in person, is admissible in evidence if given
686	686	under penalty of perjury by a party or witness residing outside this
687	687	[in another] state.
688	688	(d) Copies of bills for testing for parentage of a child,
689	689	and for prenatal and postnatal health care of the mother and child
690	690	[that are] furnished to the adverse party at least [not less than]
691	691	10 days before [the date of] trial are admissible in evidence to
692	692	prove the amount of the charges billed and that the charges were
693	693	reasonable, necessary, and customary.
694	694	(e) Documentary evidence transmitted from outside this
695	695	[another] state to a tribunal of this state by telephone,
696	696	telecopier, or other electronic [another] means that does not
697	697	provide an original record may not be excluded from evidence on an
698	698	objection based on the means of transmission.
699	699	(f) In a proceeding under this chapter, a tribunal of this
700	700	state shall permit a party or witness residing outside this [in
701	701	another] state to be deposed or to testify under penalty of perjury
702	702	by telephone, audiovisual means, or other electronic means at a
703	703	designated tribunal or other location [in that state]. A tribunal
704	704	of this state shall cooperate with other tribunals [a tribunal of
705	705	another state] in designating an appropriate location for the
706	706	deposition or testimony.
707	707	SECTION 28. Section 159.317, Family Code, is amended to
708	708	read as follows:
709	709	Sec. 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal
710	710	of this state may communicate with a tribunal outside this [of
711	711	another] state [or of a foreign country or political subdivision]
712	712	in a record or [,] by telephone, electronic mail, or by other means,
713	713	to obtain information concerning the laws, the legal effect of a
714	714	judgment, decree, or order of that tribunal, and the status of a
715	715	proceeding [in the other state, foreign country, or political
716	716	subdivision]. A tribunal of this state may furnish similar
717	717	information by similar means to a tribunal outside this state [of
718	718	another state or of a foreign country or political subdivision].
719	719	SECTION 29. Section 159.318, Family Code, is amended to
720	720	read as follows:
721	721	Sec. 159.318. ASSISTANCE WITH DISCOVERY. A tribunal of
722	722	this state may:
723	723	(1) request a tribunal outside this [of another] state
724	724	to assist in obtaining discovery; and
725	725	(2) on request, compel a person over whom the tribunal
726	726	has jurisdiction to respond to a discovery order issued by a
727	727	tribunal outside this [of another] state.
728	728	SECTION 30. Section 159.319(a), Family Code, is amended to
729	729	read as follows:
730	730	(a) A support enforcement agency or tribunal of this state
731	731	shall disburse promptly any amounts received under a support order,
732	732	as directed by the order. The agency or tribunal shall furnish to a
733	733	requesting party or tribunal of another state or a foreign country a
734	734	certified statement by the custodian of the record of the amounts
735	735	and dates of all payments received.
736	736	SECTION 31. The heading of Subchapter E, Chapter 159,
737	737	Family Code, is amended to read as follows:
738	738	SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF
739	739	PARENTAGE
740	740	SECTION 32. Section 159.401, Family Code, is amended to
741	741	read as follows:
742	742	Sec. 159.401. ESTABLISHMENT OF [PETITION TO ESTABLISH]
743	743	SUPPORT ORDER. (a) If a support order entitled to recognition
744	744	under this chapter has not been issued, a responding tribunal of
745	745	this state with personal jurisdiction over the parties may issue a
746	746	support order if:
747	747	(1) the individual seeking the order resides outside
748	748	this [in another] state; or
749	749	(2) the support enforcement agency seeking the order
750	750	is located outside this [in another] state.
751	751	(b) The tribunal may issue a temporary child support order
752	752	if the tribunal determines that such an [the] order is appropriate
753	753	and the individual ordered to pay is:
754	754	(1) a presumed father of the child;
755	755	(2) [a man] petitioning to have his paternity
756	756	adjudicated;
757	757	(3) [a man] identified as the father of the child
758	758	through genetic testing;
759	759	(4) an alleged father who has declined to submit to
760	760	genetic testing;
761	761	(5) [a man] shown by clear and convincing evidence to
762	762	be the father of the child;
763	763	(6) an acknowledged father as provided by applicable
764	764	state law;
765	765	(7) the mother of the child; or
766	766	(8) an individual who has been ordered to pay child
767	767	support in a previous proceeding and the order has not been reversed
768	768	or vacated.
769	769	(c) On finding, after notice and an opportunity to be heard,
770	770	that an obligor owes a duty of support, the tribunal shall issue a
771	771	support order directed to the obligor and may issue other orders
772	772	under Section 159.305.
773	773	SECTION 33. Subchapter E, Chapter 159, Family Code, is
774	774	amended by adding Section 159.402 to read as follows:
775	775	Sec. 159.402. PROCEEDING TO DETERMINE PARENTAGE. A
776	776	tribunal of this state authorized to determine parentage of a child
777	777	may serve as a responding tribunal in a proceeding to determine
778	778	parentage of a child brought under this chapter or a law or
779	779	procedure substantially similar to this chapter.
780	780	SECTION 34. The heading to Subchapter F, Chapter 159,
781	781	Family Code, is amended to read as follows:
782	782	SUBCHAPTER F. ENFORCEMENT OF SUPPORT ORDER [OF ANOTHER STATE]
783	783	WITHOUT REGISTRATION
784	784	SECTION 35. Section 159.506, Family Code, is amended to
785	785	read as follows:
786	786	Sec. 159.506. CONTEST BY OBLIGOR. (a) An obligor may
787	787	contest the validity or enforcement of an income-withholding order
788	788	issued in another state and received directly by an employer in this
789	789	state by registering the order in a tribunal of this state and [:
790	790	[(1)] filing a contest to that order as provided in
791	791	[under] Subchapter G[;] or otherwise
792	792	[(2)] contesting the order in the same manner as if the
793	793	order had been issued by a tribunal of this state.
794	794	(b) The obligor shall give notice of the contest to:
795	795	(1) a support enforcement agency providing services to
796	796	the obligee;
797	797	(2) each employer that has directly received an
798	798	income-withholding order relating to the obligor; and
799	799	(3) the person designated to receive payments in the
800	800	income-withholding order or [to the obligee], if no person is
801	801	designated, to the obligee.
802	802	SECTION 36. Section 159.507(a), Family Code, is amended to
803	803	read as follows:
804	804	(a) A party or support enforcement agency seeking to enforce
805	805	a support order or an income-withholding order, or both, issued in
806	806	[by a tribunal of] another state or a foreign support order may send
807	807	the documents required for registering the order to a support
808	808	enforcement agency of this state.
809	809	SECTION 37. Sections 159.601, 159.602, 159.603, and
810	810	159.604, Family Code, are designated as Part 1, Subchapter G,
811	811	Chapter 159, Family Code, and a heading for that part is added to
812	812	read as follows:
813	813	PART 1. REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER
814	814	SECTION 38. Section 159.601, Family Code, is amended to
815	815	read as follows:
816	816	Sec. 159.601. REGISTRATION OF ORDER FOR ENFORCEMENT. A
817	817	support order or income-withholding order issued in [by a tribunal
818	818	of] another state or a foreign support order may be registered in
819	819	this state for enforcement.
820	820	SECTION 39. Sections 159.602(a), (b), and (d), Family Code,
821	821	are amended to read as follows:
822	822	(a) Except as otherwise provided by Section 159.706, a [A]
823	823	support order or income-withholding order of another state or a
824	824	foreign support order may be registered in this state by sending
825	825	[to] the following records to the appropriate tribunal in this
826	826	state:
827	827	(1) a letter of transmittal to the tribunal requesting
828	828	registration and enforcement;
829	829	(2) two copies, including one certified copy, of the
830	830	order to be registered, including any modification of the order;
831	831	(3) a sworn statement by the person requesting
832	832	registration or a certified statement by the custodian of the
833	833	records showing the amount of any arrearage;
834	834	(4) the name of the obligor and, if known:
835	835	(A) the obligor's address and social security
836	836	number;
837	837	(B) the name and address of the obligor's
838	838	employer and any other source of income of the obligor; and
839	839	(C) a description of and the location of property
840	840	of the obligor in this state not exempt from execution; and
841	841	(5) except as otherwise provided by Section 159.312,
842	842	the name and address of the obligee and, if applicable, the person
843	843	to whom support payments are to be remitted.
844	844	(b) On receipt of a request for registration, the
845	845	registering tribunal shall cause the order to be filed as an order
846	846	of a tribunal of another state or a foreign support order
847	847	[judgment], together with one copy of the documents and
848	848	information, regardless of their form.
849	849	(d) If two or more orders are in effect, the person
850	850	requesting registration shall:
851	851	(1) furnish [provide] to the tribunal a copy of each
852	852	support order asserted to be in effect in addition to [and] the
853	853	documents specified in this section;
854	854	(2) specify [identify] the order alleged to be the
855	855	controlling order, if any; and
856	856	(3) specify [state] the amount of consolidated arrears
857	857	[arrearages], if any.
858	858	SECTION 40. Section 159.603, Family Code, is amended to
859	859	read as follows:
860	860	Sec. 159.603. EFFECT OF REGISTRATION FOR ENFORCEMENT.
861	861	(a) A support order or income-withholding order issued in another
862	862	state or a foreign support order is registered when the order is
863	863	filed in the registering tribunal of this state.
864	864	(b) A registered support order issued in another state or a
865	865	foreign country is enforceable in the same manner and is subject to
866	866	the same procedures as an order issued by a tribunal of this state.
867	867	(c) Except as otherwise provided in this subchapter, a
868	868	tribunal of this state shall recognize and enforce, but may not
869	869	modify, a registered support order if the issuing tribunal had
870	870	jurisdiction.
871	871	SECTION 41. Section 159.604, Family Code, is amended to
872	872	read as follows:
873	873	Sec. 159.604. CHOICE OF LAW. (a) Except as otherwise
874	874	provided by Subsection (d), the law of the issuing state or foreign
875	875	country governs:
876	876	(1) the nature, extent, amount, and duration of
877	877	current payments under a registered support order;
878	878	(2) the computation and payment of arrearages and
879	879	accrual of interest on the arrearages under the support order; and
880	880	(3) the existence and satisfaction of other
881	881	obligations under the support order.
882	882	(b) In a proceeding for arrears [arrearages] under a
883	883	registered support order, the statute of limitation of this state,
884	884	or of the issuing state or foreign country, whichever is longer,
885	885	applies.
886	886	(c) A responding tribunal of [in] this state shall apply the
887	887	procedures and remedies of this state to enforce current support
888	888	and collect arrears [arrearages] and interest due on a support
889	889	order of another state or a foreign country registered in this
890	890	state.
891	891	(d) After a tribunal of this state or another state
892	892	determines which [order] is the controlling order and issues an
893	893	order consolidating arrears [arrearages], if any, the tribunal of
894	894	this state shall prospectively apply the law of the state or foreign
895	895	country issuing the controlling order, including that state's or
896	896	country's law on interest on arrears [arrearages], on current and
897	897	future support, and on consolidated arrears [arrearages].
898	898	SECTION 42. Sections 159.605, 159.606, 159.607, and
899	899	159.608, Family Code, are designated as Part 2, Subchapter G,
900	900	Chapter 159, Family Code, and a heading for that part is added to
901	901	read as follows:
902	902	PART 2. CONTEST OF VALIDITY OR ENFORCEMENT
903	903	SECTION 43. Section 159.605, Family Code, is amended to
904	904	read as follows:
905	905	Sec. 159.605. NOTICE OF REGISTRATION OF ORDER. (a) When a
906	906	support order or income-withholding order issued in another state
907	907	or a foreign support order is registered, the registering tribunal
908	908	of this state shall notify the nonregistering party. The notice
909	909	must be accompanied by a copy of the registered order and the
910	910	documents and relevant information accompanying the order.
911	911	(b) A notice [under this section] must inform the
912	912	nonregistering party:
913	913	(1) that a registered order is enforceable as of the
914	914	date of registration in the same manner as an order issued by a
915	915	tribunal of this state;
916	916	(2) that a hearing to contest the validity or
917	917	enforcement of the registered order must be requested within 20
918	918	days after notice unless the registered order is under Section
919	919	159.707;
920	920	(3) that failure to contest the validity or
921	921	enforcement of the registered order in a timely manner[:
922	922	[(A)] will result in confirmation of the order
923	923	and enforcement of the order and the alleged arrearages; and
924	924	[(B) precludes further contest of that order with
925	925	respect to any matter that could have been asserted; and]
926	926	(4) of the amount of any alleged arrearages.
927	927	(c) If the registering party asserts that two or more orders
928	928	are in effect, the notice [under this section] must also:
929	929	(1) identify[:
930	930	[(A)] the two or more orders and the [, including
931	931	which] order [is] alleged by the registering party [person] to be
932	932	the controlling order[;] and
933	933	[(B)] the consolidated arrears [arrearages], if
934	934	any;
935	935	(2) notify the nonregistering party of the right to a
936	936	determination of which [order] is the controlling order;
937	937	(3) state that the procedures provided in Subsection
938	938	(b) apply to the determination of which [order] is the controlling
939	939	order; and
940	940	(4) state that failure to contest the validity or
941	941	enforcement of the order alleged to be the controlling order in a
942	942	timely manner may result in confirmation that the order is the
943	943	controlling order.
944	944	(d) On registration of an income-withholding order for
945	945	enforcement, the support enforcement agency or the registering
946	946	tribunal shall notify the obligor's employer under Chapter 158.
947	947	SECTION 44. Section 159.606, Family Code, is amended to
948	948	read as follows:
949	949	Sec. 159.606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT
950	950	OF REGISTERED SUPPORT ORDER. (a) A nonregistering party seeking
951	951	to contest the validity or enforcement of a registered support
952	952	order in this state shall request a hearing within the time required
953	953	by Section 159.605 [20 days after notice of the registration]. The
954	954	nonregistering party may seek [under Section 159.607] to[:
955	955	[(1)] vacate the registration, to [;
956	956	[(2)] assert any defense to an allegation of
957	957	noncompliance with the registered order, [;] or to
958	958	[(3)] contest the remedies being sought or the amount
959	959	of any alleged arrearages under Section 159.607.
960	960	(b) If the nonregistering party fails to contest the
961	961	validity or enforcement of the registered support order in a timely
962	962	manner, the order is confirmed by operation of law.
963	963	(c) If a nonregistering party requests a hearing to contest
964	964	the validity or enforcement of the registered support order, the
965	965	registering tribunal shall schedule the matter for hearing and give
966	966	notice to the parties of the date, time, and place of the hearing.
967	967	SECTION 45. Section 159.607, Family Code, is amended to
968	968	read as follows:
969	969	Sec. 159.607. CONTEST OF REGISTRATION OR ENFORCEMENT.
970	970	(a) A party contesting the validity or enforcement of a registered
971	971	support order or seeking to vacate the registration has the burden
972	972	of proving one or more of the following defenses:
973	973	(1) the issuing tribunal lacked personal jurisdiction
974	974	over the contesting party;
975	975	(2) the order was obtained by fraud;
976	976	(3) the order has been vacated, suspended, or modified
977	977	by a later order;
978	978	(4) the issuing tribunal has stayed the order pending
979	979	appeal;
980	980	(5) there is a defense under the law of this state to
981	981	the remedy sought;
982	982	(6) full or partial payment has been made;
983	983	(7) the statute of limitation under Section 159.604
984	984	precludes enforcement of some or all of the alleged arrearages; or
985	985	(8) the alleged controlling order is not the
986	986	controlling order.
987	987	(b) If a party presents evidence establishing a full or
988	988	partial defense under Subsection (a), a tribunal may stay
989	989	enforcement of the registered support order, continue the
990	990	proceeding to permit production of additional relevant evidence,
991	991	and issue other appropriate orders. An uncontested portion of the
992	992	registered support order may be enforced by all remedies available
993	993	under the law of this state.
994	994	(c) If the contesting party does not establish a defense
995	995	under Subsection (a) to the validity or enforcement of the
996	996	registered support order, the registering tribunal shall issue an
997	997	order confirming the order.
998	998	SECTION 46. Section 159.608, Family Code, is amended to
999	999	read as follows:
1000	1000	Sec. 159.608. CONFIRMED ORDER. Confirmation of a
1001	1001	registered support order, whether by operation of law or after
1002	1002	notice and hearing, precludes further contest of the order with
1003	1003	respect to any matter that could have been asserted at the time of
1004	1004	registration.
1005	1005	SECTION 47. Sections 159.609, 159.610, 159.611, 159.612,
1006	1006	159.613, and 159.614, Family Code, are designated as Part 3,
1007	1007	Subchapter G, Chapter 159, Family Code, and a heading is added for
1008	1008	that part to read as follows:
1009	1009	PART 3. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF
1010	1010	ANOTHER STATE
1011	1011	SECTION 48. Section 159.609, Family Code, is amended to
1012	1012	read as follows:
1013	1013	Sec. 159.609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
1014	1014	ANOTHER STATE FOR MODIFICATION. A party or support enforcement
1015	1015	agency seeking to modify, or to modify and enforce, a child support
1016	1016	order issued in another state shall register that order in this
1017	1017	state in the same manner provided in Sections 159.601 through
1018	1018	159.608 [159.601-159.604] if the order has not been registered. A
1019	1019	petition for modification may be filed at the same time as a request
1020	1020	for registration, or later. The pleading must specify the grounds
1021	1021	for modification.
1022	1022	SECTION 49. Section 159.610, Family Code, is amended to
1023	1023	read as follows:
1024	1024	Sec. 159.610. EFFECT OF REGISTRATION FOR MODIFICATION. A
1025	1025	tribunal of this state may enforce a child support order of another
1026	1026	state registered for purposes of modification in the same manner as
1027	1027	if the order had been issued by a tribunal of this state, but the
1028	1028	registered support order may be modified only if the requirements
1029	1029	of Section 159.611 or [,]159.613 [, or 159.615] have been met.
1030	1030	SECTION 50. Section 159.611, Family Code, is amended by
1031	1031	amending Subsections (a), (c), (d), and (e) and adding Subsection
1032	1032	(f) to read as follows:
1033	1033	(a) If [Except as provided by] Section 159.613 does not
1034	1034	apply [159.615], on petition a tribunal of this state may modify a
1035	1035	child support order issued in another state that is [and]
1036	1036	registered in this state [only] if, [Section 159.613 does not apply
1037	1037	and] after notice and hearing, the tribunal finds that:
1038	1038	(1) the following requirements are met:
1039	1039	(A) the child, the obligee who is an individual,
1040	1040	and the obligor do not reside in the issuing state;
1041	1041	(B) a petitioner who is a nonresident of this
1042	1042	state seeks modification; and
1043	1043	(C) the respondent is subject to the personal
1044	1044	jurisdiction of the tribunal of this state; or
1045	1045	(2) this state is the [state of] residence of the
1046	1046	child, or a party who is an individual is subject to the personal
1047	1047	jurisdiction of the tribunal of this state, and all of the parties
1048	1048	who are individuals have filed consents in a record in the issuing
1049	1049	tribunal for a tribunal of this state to modify the support order
1050	1050	and assume continuing, exclusive jurisdiction.
1051	1051	(c) A [Except as provided by Section 159.615, a] tribunal of
1052	1052	this state may not modify any aspect of a child support order that
1053	1053	may not be modified under the law of the issuing state, including
1054	1054	the duration of the obligation of support [, that may not be
1055	1055	modified under the law of the issuing state]. If two or more
1056	1056	tribunals have issued child support orders for the same obligor and
1057	1057	same child, the order that controls and must be so recognized under
1058	1058	Section 159.207 establishes the aspects of the support order that
1059	1059	are nonmodifiable.
1060	1060	(d) In a proceeding to modify a child support order, the law
1061	1061	of the state that is determined to have issued the initial
1062	1062	controlling order governs the duration of the obligation of
1063	1063	support. The obligor's fulfillment of the duty of support
1064	1064	established by that order precludes imposition of a further
1065	1065	obligation of support by a tribunal of this state.
1066	1066	(e) On issuance of an order by a tribunal of this state
1067	1067	modifying a child support order issued in another state, the
1068	1068	tribunal of this state becomes the tribunal of continuing,
1069	1069	exclusive jurisdiction.
1070	1070	(f) Notwithstanding Subsections (a) through (e) of this
1071	1071	section and Section 159.201(b), a tribunal of this state retains
1072	1072	jurisdiction to modify an order issued by a tribunal of this state
1073	1073	if:
1074	1074	(1) one party resides in another state; and
1075	1075	(2) the other party resides outside the United States.
1076	1076	[(e) In a proceeding to modify a child support order, the
1077	1077	law of the state that is determined to have issued the initial
1078	1078	controlling order governs the duration of the obligation of
1079	1079	support. The obligor's fulfillment of the duty of support
1080	1080	established by that order precludes imposition of a further
1081	1081	obligation of support by a tribunal of this state.]
1082	1082	SECTION 51. Section 159.612, Family Code, is amended to
1083	1083	read as follows:
1084	1084	Sec. 159.612. RECOGNITION OF ORDER MODIFIED IN ANOTHER
1085	1085	STATE. If a child support order issued by a tribunal of this state
1086	1086	is modified by a tribunal of another state that assumed
1087	1087	jurisdiction under the Uniform Interstate Family Support Act, a
1088	1088	tribunal of this state:
1089	1089	(1) may enforce the order that was modified only as to
1090	1090	arrears [arrearages] and interest accruing before the
1091	1091	modification;
1092	1092	(2) may provide appropriate relief for violations of
1093	1093	the order that occurred before the effective date of the
1094	1094	modification; and
1095	1095	(3) shall recognize the modifying order of the other
1096	1096	state, on registration, for the purpose of enforcement.
1097	1097	SECTION 52. Section 159.613(b), Family Code, is amended to
1098	1098	read as follows:
1099	1099	(b) A tribunal of this state exercising jurisdiction under
1100	1100	this section shall apply the provisions of Subchapters B and C, this
1101	1101	subchapter, [Sections 159.101 through 159.209] and [159.601
1102	1102	through 159.614 and] the procedural and substantive law of this
1103	1103	state to the proceeding for enforcement or modification.
1104	1104	Subchapters D, E, F, H, and I [Sections 159.301 through 159.507 and
1105	1105	159.701 through 159.802] do not apply.
1106	1106	SECTION 53. Section 159.615, Family Code, is designated as
1107	1107	Part 4, Subchapter G, Chapter 159, Family Code, and a heading for
1108	1108	that part is added to read as follows:
1109	1109	PART 4. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT
1110	1110	ORDER
1111	1111	SECTION 54. Section 159.615, Family Code, is amended to
1112	1112	read as follows:
1113	1113	Sec. 159.615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF
1114	1114	FOREIGN COUNTRY [OR POLITICAL SUBDIVISION]. (a) Except as
1115	1115	otherwise provided by Section 159.711, if [If] a foreign country
1116	1116	lacks or [political subdivision that is a state] refuses to
1117	1117	exercise jurisdiction to modify its child support order pursuant to
1118	1118	its laws [or may not under its law modify its order], a tribunal of
1119	1119	this state may assume jurisdiction to modify the child support
1120	1120	order and bind all individuals subject to the personal jurisdiction
1121	1121	of the tribunal regardless of whether the[:
1122	1122	[(1)] consent to modification of a child support order
1123	1123	otherwise required of the individual [has been given] under Section
1124	1124	159.611 has been given[;] or whether
1125	1125	[(2)] the individual seeking modification is a
1126	1126	resident of this state or of the foreign country [or political
1127	1127	subdivision].
1128	1128	(b) An order issued by a tribunal of this state modifying a
1129	1129	foreign child support order under this section is the controlling
1130	1130	order.
1131	1131	SECTION 55. Part 4, Subchapter G, Chapter 159, Family Code,
1132	1132	as designated by this Act, is amended by adding Section 159.616 to
1133	1133	read as follows:
1134	1134	Sec. 159.616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF
1135	1135	FOREIGN COUNTRY FOR MODIFICATION. A party or support enforcement
1136	1136	agency seeking to modify, or to modify and enforce, a foreign child
1137	1137	support order not under the Convention may register that order in
1138	1138	this state under Sections 159.601 through 159.608 if the order has
1139	1139	not been registered. A petition for modification may be filed at
1140	1140	the same time as a request for registration or at another time. The
1141	1141	petition must specify the grounds for modification.
1142	1142	SECTION 56. The heading to Subchapter H, Chapter 159,
1143	1143	Family Code, is amended to read as follows:
1144	1144	SUBCHAPTER H. SUPPORT PROCEEDING UNDER CONVENTION [DETERMINATION
1145	1145	OF PARENTAGE]
1146	1146	SECTION 57. Section 159.701, Family Code, is amended to
1147	1147	read as follows:
1148	1148	Sec. 159.701. DEFINITIONS. In this subchapter:
1149	1149	(1) "Application" means a request under the Convention
1150	1150	by an obligee or obligor, or on behalf of a child, made through a
1151	1151	central authority for assistance from another central authority.
1152	1152	(2) "Central authority" means the entity designated by
1153	1153	the United States or a foreign country described in Section
1154	1154	159.102(5)(D) to perform the functions specified in the Convention.
1155	1155	(3) "Convention support order" means a support order
1156	1156	of a tribunal of a foreign country described in Section
1157	1157	159.102(5)(D).
1158	1158	(4) "Direct request" means a petition filed by an
1159	1159	individual in a tribunal of this state in a proceeding involving an
1160	1160	obligee, obligor, or child residing outside the United States.
1161	1161	(5) "Foreign central authority" means the entity
1162	1162	designated by a foreign country described in Section 159.102(5)(D)
1163	1163	to perform the functions specified in the Convention.
1164	1164	(6) "Foreign support agreement":
1165	1165	(A) means an agreement for support in a record
1166	1166	that:
1167	1167	(i) is enforceable as a support order in the
1168	1168	country of origin;
1169	1169	(ii) has been:
1170	1170	(a) formally drawn up or registered as
1171	1171	an authentic instrument by a foreign tribunal; or
1172	1172	(b) authenticated by, or concluded,
1173	1173	registered, or filed with a foreign tribunal; and
1174	1174	(iii) may be reviewed and modified by a
1175	1175	foreign tribunal; and
1176	1176	(B) includes a maintenance arrangement or
1177	1177	authentic instrument under the Convention.
1178	1178	(7) "United States central authority" means the
1179	1179	secretary of the United States Department of Health and Human
1180	1180	Services. [PROCEEDING TO DETERMINE PARENTAGE. A court of this
1181	1181	state authorized to determine the parentage of a child may serve as
1182	1182	a responding tribunal in a proceeding to determine parentage
1183	1183	brought under this chapter or a law substantially similar to this
1184	1184	chapter.]
1185	1185	SECTION 58. Subchapter H, Chapter 159, Family Code, is
1186	1186	amended by adding Sections 159.702 through 159.713 to read as
1187	1187	follows:
1188	1188	Sec. 159.702. APPLICABILITY. This subchapter applies only
1189	1189	to a support proceeding under the Convention. In such a proceeding,
1190	1190	if a provision of this subchapter is inconsistent with Subchapters
1191	1191	B through G, this subchapter controls.
1192	1192	Sec. 159.703. RELATIONSHIP OF OFFICE OF ATTORNEY GENERAL TO
1193	1193	UNITED STATES CENTRAL AUTHORITY. The office of the attorney
1194	1194	general of this state is recognized as the agency designated by the
1195	1195	United States central authority to perform specific functions under
1196	1196	the Convention.
1197	1197	Sec. 159.704. INITIATION BY OFFICE OF ATTORNEY GENERAL OF
1198	1198	SUPPORT PROCEEDING UNDER CONVENTION. (a) In a support proceeding
1199	1199	under this subchapter, the office of the attorney general of this
1200	1200	state shall:
1201	1201	(1) transmit and receive applications; and
1202	1202	(2) initiate or facilitate the institution of a
1203	1203	proceeding regarding an application in a tribunal of this state.
1204	1204	(b) The following support proceedings are available to an
1205	1205	obligee under the Convention:
1206	1206	(1) recognition or recognition and enforcement of a
1207	1207	foreign support order;
1208	1208	(2) enforcement of a support order issued or
1209	1209	recognized in this state;
1210	1210	(3) establishment of a support order if there is no
1211	1211	existing order, including, if necessary, determination of
1212	1212	parentage of a child;
1213	1213	(4) establishment of a support order if recognition of
1214	1214	a foreign support order is refused under Section 159.708(b)(2),
1215	1215	(4), or (9);
1216	1216	(5) modification of a support order of a tribunal of
1217	1217	this state; and
1218	1218	(6) modification of a support order of a tribunal of
1219	1219	another state or a foreign country.
1220	1220	(c) The following support proceedings are available under
1221	1221	the Convention to an obligor against which there is an existing
1222	1222	support order:
1223	1223	(1) recognition of an order suspending or limiting
1224	1224	enforcement of an existing support order of a tribunal of this
1225	1225	state;
1226	1226	(2) modification of a support order of a tribunal of
1227	1227	this state; and
1228	1228	(3) modification of a support order of a tribunal of
1229	1229	another state or a foreign country.
1230	1230	(d) A tribunal of this state may not require security, bond,
1231	1231	or deposit, however described, to guarantee the payment of costs
1232	1232	and expenses in proceedings under the Convention.
1233	1233	Sec. 159.705. DIRECT REQUEST. (a) A petitioner may file a
1234	1234	direct request seeking establishment or modification of a support
1235	1235	order or determination of parentage of a child. In the proceeding,
1236	1236	the law of this state applies.
1237	1237	(b) A petitioner may file a direct request seeking
1238	1238	recognition and enforcement of a support order or support
1239	1239	agreement. In the proceeding, Sections 159.706 through 159.713
1240	1240	apply.
1241	1241	(c) In a direct request for recognition and enforcement of a
1242	1242	Convention support order or foreign support agreement:
1243	1243	(1) a security, bond, or deposit is not required to
1244	1244	guarantee the payment of costs and expenses; and
1245	1245	(2) an obligee or obligor that in the issuing country
1246	1246	has benefited from free legal assistance is entitled to benefit, at
1247	1247	least to the same extent, from any free legal assistance provided
1248	1248	for by the law of this state under the same circumstances.
1249	1249	(d) A petitioner filing a direct request is not entitled to
1250	1250	assistance from the office of the attorney general.
1251	1251	(e) This subchapter does not prevent the application of laws
1252	1252	of this state that provide simplified, more expeditious rules
1253	1253	regarding a direct request for recognition and enforcement of a
1254	1254	foreign support order or foreign support agreement.
1255	1255	Sec. 159.706. REGISTRATION OF CONVENTION SUPPORT ORDER.
1256	1256	(a) Except as otherwise provided in this subchapter, a party who
1257	1257	is an individual or a support enforcement agency seeking
1258	1258	recognition of a Convention support order shall register the order
1259	1259	in this state as provided in Subchapter G.
1260	1260	(b) Notwithstanding Sections 159.311 and 159.602(a), a
1261	1261	request for registration of a Convention support order must be
1262	1262	accompanied by:
1263	1263	(1) the complete text of the support order or an
1264	1264	abstract or extract of the support order drawn up by the issuing
1265	1265	foreign tribunal, which may be in the form recommended by the Hague
1266	1266	Conference on Private International Law;
1267	1267	(2) a record stating that the support order is
1268	1268	enforceable in the issuing country;
1269	1269	(3) if the respondent did not appear and was not
1270	1270	represented in the proceedings in the issuing country, a record
1271	1271	attesting, as appropriate, either that the respondent had proper
1272	1272	notice of the proceedings and an opportunity to be heard or that the
1273	1273	respondent had proper notice of the support order and an
1274	1274	opportunity to be heard in a challenge or appeal on fact or law
1275	1275	before a tribunal;
1276	1276	(4) a record showing the amount of arrears, if any, and
1277	1277	the date the amount was calculated;
1278	1278	(5) a record showing a requirement for automatic
1279	1279	adjustment of the amount of support, if any, and the information
1280	1280	necessary to make the appropriate calculations; and
1281	1281	(6) if necessary, a record showing the extent to which
1282	1282	the applicant received free legal assistance in the issuing
1283	1283	country.
1284	1284	(c) A request for registration of a Convention support order
1285	1285	may seek recognition and partial enforcement of the order.
1286	1286	(d) A tribunal of this state may vacate the registration of
1287	1287	a Convention support order without the filing of a contest under
1288	1288	Section 159.707 only if, acting on its own motion, the tribunal
1289	1289	finds that recognition and enforcement of the order would be
1290	1290	manifestly incompatible with public policy.
1291	1291	(e) The tribunal shall promptly notify the parties of the
1292	1292	registration or the order vacating the registration of a Convention
1293	1293	support order.
1294	1294	Sec. 159.707. CONTEST OF REGISTERED CONVENTION SUPPORT
1295	1295	ORDER. (a) Except as otherwise provided in this subchapter,
1296	1296	Sections 159.605 through 159.608 apply to a contest of a registered
1297	1297	Convention support order.
1298	1298	(b) A party contesting a registered Convention support
1299	1299	order shall file a contest not later than 30 days after notice of
1300	1300	the registration. If the contesting party does not reside in the
1301	1301	United States, the contest must be filed not later than 60 days
1302	1302	after notice of the registration.
1303	1303	(c) If the nonregistering party fails to contest the
1304	1304	registered Convention support order by the time specified in
1305	1305	Subsection (b), the order is enforceable.
1306	1306	(d) A contest of a registered Convention support order may
1307	1307	be based only on grounds set forth in Section 159.708. The
1308	1308	contesting party bears the burden of proof.
1309	1309	(e) In a contest of a registered Convention support order, a
1310	1310	tribunal of this state:
1311	1311	(1) is bound by the findings of fact on which the
1312	1312	foreign tribunal based its jurisdiction; and
1313	1313	(2) may not review the merits of the order.
1314	1314	(f) A tribunal of this state deciding a contest of a
1315	1315	registered Convention support order shall promptly notify the
1316	1316	parties of its decision.
1317	1317	(g) A challenge or appeal, if any, does not stay the
1318	1318	enforcement of a Convention support order unless there are
1319	1319	exceptional circumstances.
1320	1320	Sec. 159.708. RECOGNITION AND ENFORCEMENT OF REGISTERED
1321	1321	CONVENTION SUPPORT ORDER. (a) Except as otherwise provided in
1322	1322	Subsection (b), a tribunal of this state shall recognize and
1323	1323	enforce a registered Convention support order.
1324	1324	(b) The following grounds are the only grounds on which a
1325	1325	tribunal of this state may refuse recognition and enforcement of a
1326	1326	registered Convention support order:
1327	1327	(1) recognition and enforcement of the order is
1328	1328	manifestly incompatible with public policy, including the failure
1329	1329	of the issuing tribunal to observe minimum standards of due
1330	1330	process, which include notice and an opportunity to be heard;
1331	1331	(2) the issuing tribunal lacked personal jurisdiction
1332	1332	consistent with Section 159.201;
1333	1333	(3) the order is not enforceable in the issuing
1334	1334	country;
1335	1335	(4) the order was obtained by fraud in connection with
1336	1336	a matter of procedure;
1337	1337	(5) a record transmitted in accordance with Section
1338	1338	159.706 lacks authenticity or integrity;
1339	1339	(6) a proceeding between the same parties and having
1340	1340	the same purpose is pending before a tribunal of this state and that
1341	1341	proceeding was the first to be filed;
1342	1342	(7) the order is incompatible with a more recent
1343	1343	support order involving the same parties and having the same
1344	1344	purpose if the more recent support order is entitled to recognition
1345	1345	and enforcement under this chapter in this state;
1346	1346	(8) payment, to the extent alleged arrears have been
1347	1347	paid in whole or in part;
1348	1348	(9) in a case in which the respondent neither appeared
1349	1349	nor was represented in the proceeding in the issuing foreign
1350	1350	country:
1351	1351	(A) if the law of that country provides for prior
1352	1352	notice of proceedings, the respondent did not have proper notice of
1353	1353	the proceedings and an opportunity to be heard; or
1354	1354	(B) if the law of that country does not provide
1355	1355	for prior notice of the proceedings, the respondent did not have
1356	1356	proper notice of the order and an opportunity to be heard in a
1357	1357	challenge or appeal on fact or law before a tribunal; or
1358	1358	(10) the order was made in violation of Section
1359	1359	159.711.
1360	1360	(c) If a tribunal of this state does not recognize a
1361	1361	Convention support order under Subsection (b)(2), (4), or (9):
1362	1362	(1) the tribunal may not dismiss the proceeding
1363	1363	without allowing a reasonable time for a party to request the
1364	1364	establishment of a new Convention support order; and
1365	1365	(2) the office of the attorney general shall take all
1366	1366	appropriate measures to request a child support order for the
1367	1367	obligee if the application for recognition and enforcement was
1368	1368	received under Section 159.704.
1369	1369	Sec. 159.709. PARTIAL ENFORCEMENT. If a tribunal of this
1370	1370	state does not recognize and enforce a Convention support order in
1371	1371	its entirety, it shall enforce any severable part of the order. An
1372	1372	application or direct request may seek recognition and partial
1373	1373	enforcement of a Convention support order.
1374	1374	Sec. 159.710. FOREIGN SUPPORT AGREEMENT. (a) Except as
1375	1375	otherwise provided by Subsections (c) and (d), a tribunal of this
1376	1376	state shall recognize and enforce a foreign support agreement
1377	1377	registered in this state.
1378	1378	(b) An application or direct request for recognition and
1379	1379	enforcement of a foreign support agreement must be accompanied by:
1380	1380	(1) the complete text of the foreign support
1381	1381	agreement; and
1382	1382	(2) a record stating that the foreign support
1383	1383	agreement is enforceable as an order of support in the issuing
1384	1384	country.
1385	1385	(c) A tribunal of this state may vacate the registration of
1386	1386	a foreign support agreement only if, acting on its own motion, the
1387	1387	tribunal finds that recognition and enforcement would be manifestly
1388	1388	incompatible with public policy.
1389	1389	(d) In a contest of a foreign support agreement, a tribunal
1390	1390	of this state may refuse recognition and enforcement of the
1391	1391	agreement if it finds:
1392	1392	(1) recognition and enforcement of the agreement is
1393	1393	manifestly incompatible with public policy;
1394	1394	(2) the agreement was obtained by fraud or
1395	1395	falsification;
1396	1396	(3) the agreement is incompatible with a support order
1397	1397	involving the same parties and having the same purpose in this
1398	1398	state, another state, or a foreign country if the support order is
1399	1399	entitled to recognition and enforcement under this chapter in this
1400	1400	state; or
1401	1401	(4) the record submitted under Subsection (b) lacks
1402	1402	authenticity or integrity.
1403	1403	(e) A proceeding for recognition and enforcement of a
1404	1404	foreign support agreement must be suspended during the pendency of
1405	1405	a challenge to or appeal of the agreement before a tribunal of
1406	1406	another state or a foreign country.
1407	1407	Sec. 159.711. MODIFICATION OF CONVENTION CHILD SUPPORT
1408	1408	ORDER. (a) A tribunal of this state may not modify a Convention
1409	1409	child support order if the obligee remains a resident of the foreign
1410	1410	country where the support order was issued unless:
1411	1411	(1) the obligee submits to the jurisdiction of a
1412	1412	tribunal of this state, either expressly or by defending on the
1413	1413	merits of the case without objecting to the jurisdiction at the
1414	1414	first available opportunity; or
1415	1415	(2) the foreign tribunal lacks or refuses to exercise
1416	1416	jurisdiction to modify its support order or issue a new support
1417	1417	order.
1418	1418	(b) If a tribunal of this state does not modify a Convention
1419	1419	child support order because the order is not recognized in this
1420	1420	state, Section 159.708(c) applies.
1421	1421	Sec. 159.712. PERSONAL INFORMATION; LIMIT ON USE. Personal
1422	1422	information gathered or transmitted under this subchapter may be
1423	1423	used only for the purposes for which it was gathered or transmitted.
1424	1424	Sec. 159.713. RECORD IN ORIGINAL LANGUAGE; ENGLISH
1425	1425	TRANSLATION. A record filed with a tribunal of this state under
1426	1426	this subchapter must be in the original language and, if not in
1427	1427	English, must be accompanied by an English translation.
1428	1428	SECTION 59. Section 159.801(a), Family Code, is amended to
1429	1429	read as follows:
1430	1430	(a) For purposes of this [In this] subchapter, "governor"
1431	1431	includes an individual performing the functions of governor or the
1432	1432	executive authority of a state covered by this chapter.
1433	1433	SECTION 60. Section 159.802(a), Family Code, is amended to
1434	1434	read as follows:
1435	1435	(a) Before making a demand that the governor of another
1436	1436	state surrender an individual charged criminally in this state with
1437	1437	having failed to provide for the support of an obligee, the governor
1438	1438	of this state may require a prosecutor of this state to
1439	1439	demonstrate[:
1440	1440	[(1)] that, not less than 60 days previously [before
1441	1441	the date of the demand], the obligee had initiated proceedings for
1442	1442	support under this chapter[;] or
1443	1443	[(2)] that [initiating] the proceeding would be of no
1444	1444	avail.
1445	1445	SECTION 61. Section 159.901, Family Code, is amended to
1446	1446	read as follows:
1447	1447	Sec. 159.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
1448	1448	In applying and construing this uniform act [chapter],
1449	1449	consideration must be given to the need to promote uniformity of the
1450	1450	law with respect to its [the] subject matter [of this chapter] among
1451	1451	states that enact it [a law similar to this chapter].
1452	1452	SECTION 62. Chapter 159, Family Code, as amended by this
1453	1453	Act, applies to proceedings commenced on or after the effective
1454	1454	date of this Act to establish a support order, determine parentage
1455	1455	of a child, or register, recognize, enforce, or modify a prior
1456	1456	support order, determination, or agreement regardless of the date
1457	1457	the order, determination, or agreement was issued or entered.
1458	1458	SECTION 63. This Act takes effect July 1, 2015, if it
1459	1459	receives a vote of two-thirds of all the members elected to each
1460	1460	house, as provided by Section 39, Article III, Texas Constitution.
1461	1461	If this Act does not receive the vote necessary for effect on that
1462	1462	date, this Act takes effect on the 91st day after the last day of the
1463	1463	legislative session.
1464	1464	* * * * *