Texas 2015 - 84th Regular

Texas Senate Bill SB1727 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R21545 JSC-F
2		-	By: Creighton S.B. No. 1727
3		-	(Riddle)
4		-	Substitute the following for S.B. No. 1727: No.
	1	+	S.B. No. 1727
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the duties of the Title IV-D agency regarding the
10	6		establishment, collection, and enforcement of child support.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Section 108.001(d), Family Code, as amended by
13	9		S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015,
14	10		is amended to read as follows:
15	11		(d) In a Title IV-D case, the Title IV-D agency may transmit
16	12		the record and information specified by Subsection (a) directly to
17	13		the vital statistics unit[, with a copy to the clerk of the court on
18	14		request by the clerk]. The record and information are not required
19	15		to be certified if transmitted by the Title IV-D agency under this
20	16		subsection.
21	17		SECTION 2. Section 231.101(d), Family Code, is amended to
22	18		read as follows:
23	19		(d) The Title IV-D agency may review a support order at any
24	20		time on a showing of a material and substantial change in
25	21		circumstances, taking into consideration the best interests of the
26		-	child. If the Title IV-D agency determines that the primary care ~~and~~
27		-	possession of the child has changed, the Title IV-D agency may ~~file~~
28		-	a petition for modification under Chapter 156.
	22	+	child. If the Title IV-D agency determines that the primary care
	23	+	and possession of the child has changed, the Title IV-D agency may
	24	+	file a petition for modification under Chapter 156.
29	25		SECTION 3. Section 231.108(a), Family Code, is amended to
30	26		read as follows:
31	27		(a) Except as provided by Subsection (c), all files and
32	28		records of services provided by the Title IV-D agency under this
33	29		title [chapter], including information concerning a custodial
34	30		parent, a noncustodial parent, a child, or [and] an alleged or
35	31		presumed father, are confidential.
36	32		SECTION 4. Section 231.302(b), Family Code, is amended to
37	33		read as follows:
38	34		(b) A government agency, private company, institution, or
39	35		other entity shall provide the information requested under
40	36		Subsection (a) directly to the Title IV-D agency not later than the
41	37		seventh day after the request to obtain information is received,
42	38		without the requirement of payment of a fee for the information, and
43	39		shall, subject to safeguards on privacy and information security,
44	40		provide the information in the most efficient and expeditious
45	41		manner available, including electronic or automated transfer and
46	42		interface. Any individual or entity disclosing information under
47	43		this section in response to a request from a Title IV-D agency may
48	44		not be held liable in any civil action or proceeding to any person
49	45		for the disclosure of information under this subsection.
50	46		SECTION 5. Section 233.013(b), Family Code, is amended to
51	47		read as follows:
52	48		(b) If grounds exist for modification of [it has been three
53	49		years since] a child support order under Subchapter E, Chapter 156
54	50		[was rendered or last modified and the amount of the child support
55	51		award under the order differs by either 20 percent or $100 from the
56	52		amount that would be awarded under the child support guidelines],
57	53		the Title IV-D agency may file an appropriate child support review
58	54		order, including an order that has the effect of modifying an
59	55		existing court or administrative order for child support without
60	56		the necessity of filing a motion to modify.
61	57		SECTION 6. Section 233.028(c), Family Code, is amended to
62	58		read as follows:
63	59		(c) If a party denies parentage of a child whose parentage
64	60		has not previously been acknowledged or adjudicated, the Title IV-D
65	61		agency shall order parentage testing and give each party notice of
66	62		the time and place of testing. If either party fails or refuses to
67	63		participate in administrative parentage testing, the Title IV-D
68	64		agency may file a child support review order resolving the question
69	65		of parentage against that party. The court shall confirm the child
70	66		support review order as a temporary or final order of the court only
71	67		after an opportunity for parentage testing has been provided.
72	68		SECTION 7. Section 234.101(1), Family Code, is amended to
73	69		read as follows:
74	70		(1) "Employee" means an individual who is an employee
75	71		within the meaning of Chapter 24 of the Internal Revenue Code of
76	72		1986 (26 U.S.C. Section 3401(c)) or an independent contractor as
77	73		defined by the Internal Revenue Service. The term does not include
78	74		an employee of a state agency performing intelligence or
79	75		counterintelligence functions if the head of the agency has
80	76		determined that reporting employee information under this
81	77		subchapter could endanger the safety of the employee or compromise
82	78		an ongoing investigation or intelligence activity.
83	79		SECTION 8. (a) Section 108.001, Family Code, as amended by
84	80		this Act, applies only to the transmission of a record and
85	81		information to the vital statistics unit of the Department of State
86	82		Health Services on or after the effective date of this Act.
87	83		(b) Section 231.302, Family Code, as amended by this Act,
88	84		applies only to a request for information that is received on or
89	85		after the effective date of this Act.
90	86		SECTION 9. This Act takes effect September 1, 2015.
	87	+	______________________________ ______________________________
	88	+	President of the Senate Speaker of the House
	89	+	I hereby certify that S.B. No. 1727 passed the Senate on
	90	+	May 8, 2015, by the following vote: Yeas 31, Nays 0; and that the
	91	+	Senate concurred in House amendment on May 29, 2015, by the
	92	+	following vote: Yeas 31, Nays 0.
	93	+	______________________________
	94	+	Secretary of the Senate
	95	+	I hereby certify that S.B. No. 1727 passed the House, with
	96	+	amendment, on May 27, 2015, by the following vote: Yeas 144,
	97	+	Nays 0, two present not voting.
	98	+	______________________________
	99	+	Chief Clerk of the House
	100	+	Approved:
	101	+	______________________________
	102	+	Date
	103	+	______________________________
	104	+	Governor