By: Dutton (Senate Sponsor - Creighton) H.B. No. 2048
(In the Senate - Received from the House May 1, 2017;
May 9, 2017, read first time and referred to Committee on State
Affairs; May 12, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures for cases and orders relating to the
Title IV-D agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.104(e), Family Code, is amended to
read as follows:
(e) Notwithstanding Subsection (d) and subject to Section
201.1042(g), an associate judge may hear and render an order on any
matter necessary to be decided in connection with a Title IV-D
service, including:
(1) a suit to modify or clarify an existing child
support order;
(2) a motion to enforce a child support order or revoke
a respondent's community supervision and suspension of commitment;
(3) a respondent's compliance with the conditions
provided in the associate judge's report for suspension of the
respondent's commitment; [or]
(4) a motion for postjudgment relief, including a
motion for a new trial or to vacate, correct, or reform a judgment,
if neither party has requested a de novo hearing before the
referring court;
(5) a suit affecting the parent-child relationship;
and
(6) a suit for modification under Chapter 156.
SECTION 2. Section 231.118, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Subsection (c), a return of the process
made under this section in a suit may not include the address served
if:
(1) a pleading filed in the suit requests a finding
under Section 105.006(c); or
(2) the court has previously made a finding and
ordered nondisclosure under Section 105.006(c) relating to the
parties and the order has not been superseded.
SECTION 3. Section 233.024(a), Family Code, is amended to
read as follows:
(a) On the filing of an agreed child support review order
signed by all parties, together with waiver of service, the court
shall sign the order not later than the third day after the filing
of the order. On expiration of the third day after the filing of the
order, the order is considered confirmed by the court by operation
of law, regardless of whether the court has signed the order. The
court may sign the order before filing the order, but the signed
order shall immediately be filed.
SECTION 4. (a) The change in law made by this Act to Section
201.104, Family Code, applies only to a Title IV-D case referred to
an associate judge under Subchapter B, Chapter 201, Family Code, on
or after the effective date of this Act. A Title IV-D case referred
to an associate judge before the effective date of this Act is
governed by the law in effect on the date the case was referred, and
the former law is continued in effect for that purpose.
(b) The change in law made by this Act to Section 231.118,
Family Code, applies to a suit affecting the parent-child
relationship filed on or after the effective date of this Act. A
suit affecting the parent-child relationship filed before the
effective date of this Act is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2017.
* * * * *