Texas 2019 - 86th Regular

Texas Senate Bill SB1675 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: West S.B. No. 1675
2		-	(Dutton)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the administration of and certain procedures under the
8	7		Title IV-D program for child support enforcement.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 156.401(b), Family Code, is amended to
11	10		read as follows:
12	11		(b) Except as provided by Sections 231.1015, 231.1016, and
13	12		231.1017, a [A] support order may be modified with regard to the
14	13		amount of support ordered only as to obligations accruing after the
15	14		earlier of:
16	15		(1) the date of service of citation; or
17	16		(2) an appearance in the suit to modify.
18	17		SECTION 2. Section 231.002(e), Family Code, is amended to
19	18		read as follows:
20	19		(e) The Title IV-D agency may take the following
21	20		administrative actions with respect to the location of a parent,
22	21		the determination of parentage, and the establishment,
23	22		modification, and enforcement of child support, medical support,
24	23		and dental support orders required by 42 U.S.C. Section 666(c),
25	24		without obtaining an order from any other judicial or
26	25		administrative tribunal:
27	26		(1) issue an administrative subpoena, as provided by
28	27		Section 231.303, to obtain financial or other information;
29	28		(2) order genetic testing for parentage
30	29		determination, as provided by Chapter 233;
31	30		(3) order income withholding, as provided by Chapter
32	31		233, and issue an administrative writ of withholding, as provided
33	32		by Chapter 158; [and]
34	33		(4) take any action with respect to execution,
35	34		collection, and release of a judgment or lien for child support
36	35		necessary to satisfy the judgment or lien, as provided by Chapter
37	36		157; and
38	37		(5) adjust the support obligations of an incarcerated
39	38		obligor, as provided by Sections 231.1015, 231.1016, and 231.1017.
40	39		SECTION 3. Subchapter B, Chapter 231, Family Code, is
41	40		amended by adding Sections 231.1015, 231.1016, and 231.1017 to read
42	41		as follows:
43	42		Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT
44	43		OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to
45	44		Subsection (b), on verification by the Title IV-D agency that a
46	45		judgment or order has been rendered for the confinement of a child
47	46		support obligor in a local, state, or federal jail or prison for a
48	47		period of at least 180 consecutive days, the Title IV-D agency shall
49	48		review and administratively adjust the obligor's child support,
50	49		medical support, and dental support order to amounts that are based
51	50		on the application of the child support guidelines under Chapter
52	51		154 to the obligor's net resources during incarceration.
53	52		(b) This section does not apply if the Title IV-D agency
54	53		determines that the obligor is confined:
55	54		(1) due to the obligor's failure to comply with a child
56	55		support order; or
57	56		(2) for an offense constituting an act of family
58	57		violence, as defined by Section 71.004, committed against the
59	58		obligee or a child covered by the child support order.
60	59		(c) If the Title IV-D agency administratively adjusts a
61	60		support obligation under Subsection (a), the agency must:
62	61		(1) provide notice of the administrative adjustment to
63	62		the parties to the support order; and
64	63		(2) file a copy of the notice with the court of
65	64		continuing, exclusive jurisdiction.
66	65		(d) The notice provided under Subsection (c) must state:
67	66		(1) the amount of the obligor's adjusted support
68	67		obligation during incarceration;
69	68		(2) the effective date of the administrative
70	69		adjustment of the support obligation; and
71	70		(3) the style and cause number of the case in which the
72	71		support order was rendered.
73	72		(e) Notwithstanding Subsection (a), the Title IV-D agency
74	73		may seek modification of the support order under Subchapter E,
75	74		Chapter 156, in lieu of administratively adjusting the support
76	75		obligation under this section.
77	76		(f) The administrative adjustment of a support obligation
78	77		under this section does not affect a support obligation due before
79	78		the effective date of the administrative adjustment.
80	79		(g) The Title IV-D agency may adopt rules to implement this
81	80		section.
82	81		Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF
83	82		SUPPORT OBLIGATIONS. (a) Not later than the 30th day after
84	83		receiving notice of an administrative adjustment of a support
85	84		obligation under Section 231.1015, a party to the support order may
86	85		contest the administrative adjustment by requesting that the Title
87	86		IV-D agency review the agency's decision to grant the
88	87		administrative adjustment.
89	88		(b) If a party to the support order does not request the
90	89		Title IV-D agency to review the administrative adjustment within
91	90		the time prescribed by Subsection (a), the Title IV-D agency shall
92	91		file an administrative adjustment order with the court of
93	92		continuing, exclusive jurisdiction. The order must contain a
94	93		signed statement from the Title IV-D agency that neither party to
95	94		the order requested an administrative review within the time
96	95		required by Subsection (a) and state the amount of the obligor's
97	96		adjusted support obligation during incarceration and the effective
98	97		date of the administrative adjustment. The court shall sign the
99	98		order not later than the seventh day after the date the order is
100	99		filed. On expiration of the seventh day after the date the order is
101	100		filed, the order is considered confirmed by the court by operation
102	101		of law, regardless of whether the court has signed the order.
103	102		(c) On request by a party under Subsection (a), the Title
104	103		IV-D agency shall:
105	104		(1) review the administrative adjustment of the
106	105		support obligation to determine whether:
107	106		(A) the exceptions under Section 231.1015(b)
108	107		apply; and
109	108		(B) the administrative adjustment accurately
110	109		reflects the obligor's net resources during incarceration; and
111	110		(2) provide an opportunity for review with the parties
112	111		in person or by telephone, as appropriate.
113	112		(d) After conducting a review under Subsection (c), the
114	113		Title IV-D agency shall:
115	114		(1) affirm the administrative adjustment of the
116	115		support obligation by issuing a notice of determination to the
117	116		parties regarding the agency's decision to affirm the
118	117		administrative adjustment; or
119	118		(2) withdraw the administrative adjustment of the
120	119		support obligation by filing a notice with the court of continuing,
121	120		exclusive jurisdiction withdrawing the administrative adjustment
122	121		and issuing a notice of determination to the parties regarding the
123	122		agency's decision to withdraw the administrative adjustment.
124	123		(e) Not later than the 30th day after a party receives
125	124		notice under Subsection (d)(1), the party may file a motion
126	125		requesting a hearing with the court of continuing, exclusive
127	126		jurisdiction to contest the Title IV-D agency's administrative
128	127		adjustment of the support obligation. The administrative
129	128		adjustment remains in effect until:
130	129		(1) the agency files a notice with the court of
131	130		continuing, exclusive jurisdiction withdrawing the administrative
132	131		adjustment; or
133	132		(2) the court renders an order regarding the
134	133		administrative adjustment.
135	134		(f) If a party to a support order does not file a motion
136	135		requesting a hearing with the court of continuing, exclusive
137	136		jurisdiction within the time prescribed by Subsection (e), the
138	137		Title IV-D agency shall file an administrative adjustment order
139	138		with the court of continuing, exclusive jurisdiction and shall
140	139		attach to the order a copy of the notice of determination issued
141	140		under Subsection (d)(1). The order must state the amount of the
142	141		obligor's adjusted support obligation during incarceration and the
143	142		effective date of the administrative adjustment. The court shall
144	143		sign the order not later than the seventh day after the date the
145	144		order is filed. On expiration of the seventh day after the date the
146	145		order is filed, the order is considered confirmed by the court by
147	146		operation of law, regardless of whether the court has signed the
148	147		order.
149	148		Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER
150	149		OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the
151	150		release of an obligor whose support obligations were
152	151		administratively adjusted during incarceration under Section
153	152		231.1015, the Title IV-D agency shall review the obligor's support
154	153		order as provided by Section 231.101 to determine if modification
155	154		is necessary and may proceed under Chapter 156 or Chapter 233.
156	155		SECTION 4. Sections 231.103(a) and (c), Family Code, are
157	156		amended to read as follows:
158	157		(a) The Title IV-D agency may:
159	158		(1) charge a reasonable application fee;
160	159		(2) charge an [a $25] annual service fee; and
161	160		(3) to the extent permitted by federal law, recover
162	161		costs for the services provided in a Title IV-D case.
163	162		(c) The [An] application and service fees [fee] may not
164	163		exceed the [a] maximum amounts [amount] established by federal law.
165	164		SECTION 5. Section 233.021(c), Family Code, is amended to
166	165		read as follows:
167	166		(c) The clerk shall deliver by personal service or, if
168	167		court-ordered, a method of substituted service, a copy of the
169	168		petition for confirmation of a nonagreed review order and a copy of
170	169		the order, to each party entitled to service who has not waived
171	170		service.
172	171		SECTION 6. Section 233.024(a), Family Code, is amended to
173	172		read as follows:
174	173		(a) On the filing of an agreed child support review order
175	174		signed by all parties, together with waiver of service, the court
176	175		shall sign the order not later than the seventh [third] day after
177	176		the filing of the order. On expiration of the seventh [third] day
178	177		after the filing of the order, the order is considered confirmed by
179	178		the court by operation of law, regardless of whether the court has
180	179		signed the order. The court may sign the order before filing the
181	180		order, but the signed order shall immediately be filed.
182	181		SECTION 7. (a) The changes in law made by Section
183	182		231.002(e), Family Code, as amended by this Act, and Sections
184	183		231.1015, 231.1016, and 231.1017, Family Code, as added by this
185	184		Act, apply to a child support order regardless of whether the order
186	185		was rendered before, on, or after the effective date of this Act.
187	186		(b) The change in law made by this Act described by
188	187		Subsection (a) of this section constitutes a material and
189	188		substantial change of circumstances under Section 156.401, Family
190	189		Code, sufficient to warrant modification of a court order or a
191	190		portion of a decree that provides for the support of a child
192	191		rendered before the effective date of this Act.
193	192		SECTION 8. The change in law made by this Act to Section
194	193		233.021(c), Family Code, applies only to a petition for
195	194		confirmation of a nonagreed order filed on or after the effective
196	195		date of this Act. A petition filed before the effective date of
197	196		this Act is governed by the law in effect on the date the petition
198	197		was filed, and the former law is continued in effect for that
199	198		purpose.
200	199		SECTION 9. The change in law made by this Act to Section
201	200		233.024(a), Family Code, applies only to an agreed child support
202	201		review order filed on or after the effective date of this Act. An
203	202		order filed before the effective date of this Act is governed by the
204	203		law in effect on the date the order was filed, and the former law is
205	204		continued in effect for that purpose.
206	205		SECTION 10. This Act takes effect September 1, 2019.