Texas 2015 - 84th Regular

Texas Senate Bill SB1726 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 1726
2		-	(Riddle)
	1	+	S.B. No. 1726
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to suits affecting the parent-child relationship and the
8	6		enforcement of child support.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 355.102(e), Estates Code, is amended to
11	9		read as follows:
12	10		(e) Class 4 claims are composed of claims:
13	11		(1) for the principal amount of and accrued interest
14	12		on delinquent child support and child support arrearages that have
15	13		been:
16	14		(A) confirmed as a [and reduced to money]
17	15		judgment or a determination of arrearages by a court under Title 5,
18	16		Family Code; or
19	17		(B) administratively[, as] determined by the
20	18		Title IV-D agency, as defined by Section 101.033, Family Code, in a
21	19		Title IV-D case, as defined by Section 101.034 [under Subchapter F,
22	20		Chapter 157], Family Code;[,] and
23	21		(2) [claims] for unpaid child support obligations
24	22		under Section 154.015, Family Code.
25	23		SECTION 2. Section 101.031, Family Code, is amended to read
26	24		as follows:
27	25		Sec. 101.031. SUIT. "Suit" means a legal action under this
28	26		title [suit affecting the parent-child relationship].
29	27		SECTION 3. Section 105.006(c), Family Code, is amended to
30	28		read as follows:
31	29		(c) If a court finds after notice and hearing that requiring
32	30		a party to provide the information required by this section to
33	31		another party is likely to cause the child or a conservator
34	32		harassment, abuse, serious harm, or injury, or to subject the child
35	33		or a conservator to family violence, as defined by Section 71.004,
36	34		the court may:
37	35		(1) order the information not to be disclosed to
38	36		another party; or
39	37		(2) render any other order the court considers
40	38		necessary.
41	39		SECTION 4. Section 154.187, Family Code, is amended by
42	40		amending Subsections (c) and (d) and adding Subsection (i) to read
43	41		as follows:
44	42		(c) An employer who has received an order or notice under
45	43		this subchapter shall provide to the sender, [by first class mail]
46	44		not later than the 40th day after the date the employer receives the
47	45		order or notice, a statement that the child:
48	46		(1) has been enrolled in the employer's health
49	47		insurance plan or is already enrolled in another health insurance
50	48		plan in accordance with a previous child support or medical support
51	49		order to which the employee is subject; or
52	50		(2) cannot be enrolled or cannot be enrolled
53	51		permanently in the employer's health insurance plan and provide the
54	52		reason why coverage or permanent coverage cannot be provided.
55	53		(d) If the employee ceases employment or if the health
56	54		insurance coverage lapses, the employer shall provide to the
57	55		sender, [by first class mail] not later than the 15th day after the
58	56		date of the termination of employment or the lapse of the coverage,
59	57		notice of the termination or lapse and of the availability of any
60	58		conversion privileges.
61	59		(i) The notices required by Subsections (c) and (d) must be
62	60		provided to the sender by first class mail, unless the sender is the
63	61		Title IV-D agency. Notices to the Title IV-D agency may be provided
64	62		electronically or via first class mail.
65	63		SECTION 5. Sections 157.065(a) and (b), Family Code, are
66	64		amended to read as follows:
67	65		(a) If a party has been ordered under Chapter 105 to provide
68	66		the court and the state case registry with the party's current
69	67		mailing address, notice of a hearing on a motion for enforcement or
70	68		on a request for a court order implementing a postjudgment remedy
71	69		for the collection of child support may be served by mailing a copy
72	70		of the notice to the respondent, together with a copy of the motion
73	71		or request, by first class mail to the last mailing address of the
74	72		respondent on file with the court and the registry.
75	73		(b) The notice may be sent by the clerk of the court, the
76	74		[movant's] attorney for the movant or party requesting a court
77	75		order, or any person entitled to the address information as
78	76		provided in Chapter 105.
79	77		SECTION 6. Section 157.264(a), Family Code, is amended to
80	78		read as follows:
81	79		(a) A money judgment rendered as provided in this subchapter
82	80		or a judgment for retroactive child support rendered under Chapter
83	81		154 may be enforced by any means available for the enforcement of a
84	82		judgment for debts or the collection of child support.
85	83		SECTION 7. Section 160.302, Family Code, is amended by
86	84		adding Subsection (d) to read as follows:
87	85		(d) An acknowledgment of paternity constitutes an affidavit
88	86		under Section 666(a)(5)(C), Social Security Act (42 U.S.C. Section
89	87		666(a)(5)(C)).
90	88		SECTION 8. Section 232.001, Family Code, is amended by
91	89		adding Subdivision (3-a) to read as follows:
92	90		(3-a) "Renewal" means any instance when a licensing
93	91		authority:
94	92		(A) renews, extends, recertifies, or reissues a
95	93		license; or
96	94		(B) periodically certifies a licensee to be in
97	95		good standing with the licensing authority based on the required
98	96		payment of fees or dues or the performance of some other mandated
99	97		action or activity.
100	98		SECTION 9. Sections 232.0135(b), (c), and (d), Family Code,
101	99		are amended to read as follows:
102	100		(b) A licensing authority that receives the information
103	101		described by Subsection (a) shall refuse to approve [accept] an
104	102		application for issuance of a license to the obligor or renewal of
105	103		an existing license of the obligor until the authority is notified
106	104		by the child support agency that the obligor has:
107	105		(1) paid all child support arrearages;
108	106		(2) made an immediate payment of not less than $200
109	107		toward child support arrearages owed and established with the
110	108		agency a satisfactory repayment schedule for the remainder or is in
111	109		compliance with a court order for payment of the arrearages;
112	110		(3) been granted an exemption from this subsection as
113	111		part of a court-supervised plan to improve the obligor's earnings
114	112		and child support payments; or
115	113		(4) successfully contested the denial of issuance or
116	114		renewal of license under Subsection (d).
117	115		(c) On providing a licensing authority with the notice
118	116		described by Subsection (a), the child support agency shall send a
119	117		copy to the obligor by first class mail and inform the obligor of
120	118		the steps the obligor must take to permit the authority to approve
121	119		[accept] the obligor's application for license issuance or renewal.
122	120		(d) An obligor receiving notice under Subsection (c) may
123	121		request a review by the child support agency to resolve any issue in
124	122		dispute regarding the identity of the obligor or the existence or
125	123		amount of child support arrearages. The agency shall promptly
126	124		provide an opportunity for a review, either by telephone or in
127	125		person, as appropriate to the circumstances. After the review, if
128	126		appropriate, the agency may notify the licensing authority that it
129	127		may approve [accept] the obligor's application for issuance or
130	128		renewal of license. If the agency and the obligor fail to resolve
131	129		any issue in dispute, the obligor, not later than the 30th day after
132	130		the date of receiving notice of the agency's determination from the
133	131		review, may file a motion with the court to direct the agency to
134	132		withdraw the notice under Subsection (a) and request a hearing on
135	133		the motion. The obligor's application for license issuance or
136	134		renewal may not be approved [accepted] by the licensing authority
137	135		until the court rules on the motion. If, after a review by the
138	136		agency or a hearing by the court, the agency withdraws the notice
139	137		under Subsection (a), the agency shall reimburse the obligor the
140	138		amount of any fee charged the obligor under Section 232.014.
141	139		SECTION 10. Subchapter A, Chapter 406, Government Code, is
142	140		amended by adding Section 406.026 to read as follows:
143	141		Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding
144	142		filed under Title 5, Family Code, if a signature is required to be
145	143		notarized, acknowledged, verified, or made under oath, the
146	144		requirement may be satisfied if the electronic signature of the
147	145		person authorized to perform that act, together with all other
148	146		information required to be included by other applicable law, is
149	147		attached to or logically associated with the signature required to
150	148		be notarized, acknowledged, verified, or made under oath.
151	149		SECTION 11. This Act takes effect September 1, 2015.
	150	+	______________________________ ______________________________
	151	+	President of the Senate Speaker of the House
	152	+	I hereby certify that S.B. No. 1726 passed the Senate on
	153	+	May 8, 2015, by the following vote: Yeas 31, Nays 0.
	154	+	______________________________
	155	+	Secretary of the Senate
	156	+	I hereby certify that S.B. No. 1726 passed the House on
	157	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	158	+	present not voting.
	159	+	______________________________
	160	+	Chief Clerk of the House
	161	+	Approved:
	162	+	______________________________
	163	+	Date
	164	+	______________________________
	165	+	Governor