Texas 2021 - 87th Regular

Texas House Bill HB2953 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6255 EAS-F
2	2	By: Neave H.B. No. 2953
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of and certain procedures under the
8	8	Title IV-D program for child support enforcement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 105.008, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE
13	13	REGISTRY. (a) The clerk of the court shall provide the state case
14	14	registry with a record of a court order for child support, medical
15	15	support, and dental support. The record of a support [an] order
16	16	shall include information provided by the parties on a form
17	17	developed by the Title IV-D agency. The form shall be completed by
18	18	the petitioner and submitted to the clerk at the time the order is
19	19	filed for record.
20	20	(b) The form described by Subsection (a) may include an
21	21	option for a party to apply for child support services provided by
22	22	the Title IV-D agency. If a party applies for child support
23	23	services, the party or the party's authorized representative must
24	24	sign the form.
25	25	(c) To the extent federal funds are available, the Title
26	26	IV-D agency shall reimburse the clerk of the court for the costs
27	27	incurred in providing the record of support order required under
28	28	this section.
29	29	SECTION 2. Section 111.001(b), Family Code, is amended to
30	30	read as follows:
31	31	(b) At least once every four years, the Title IV-D agency
32	32	shall review the child support guidelines under Chapter 154 as
33	33	required by 42 U.S.C. Section 667(a) and 45 C.F.R. Section 302.56
34	34	and report the results of the review and any recommendations for any
35	35	changes to the guidelines and their manner of application to the
36	36	standing committees of each house of the legislature having
37	37	jurisdiction over family law issues.
38	38	SECTION 3. Sections 231.0011(c) and (d), Family Code, are
39	39	amended to read as follows:
40	40	(c) The Title IV-D agency may contract with any county
41	41	meeting technical system requirements necessary to comply with
42	42	federal law for provision of Title IV-D services in that county.
43	43	The clerk of the court of a county participating in the unified
44	44	enforcement system shall use a record of support order form
45	45	described by Section 105.008(b) that includes an option for the
46	46	obligee or obligor to apply for child support services provided by
47	47	the Title IV-D agency. [All new cases in which support orders are
48	48	entered in such county after the effective date of a monitoring
49	49	contract shall be Title IV-D cases. Any other case in the county,
50	50	subject to federal requirements and the agreement of the county and
51	51	the Title IV-D agency, may be included as a Title IV-D case. Any
52	52	obligee under a support order may refuse Title IV-D enforcement
53	53	services unless required to accept such services pursuant to other
54	54	law.]
55	55	(d) Counties participating in the unified enforcement
56	56	system shall monitor all assigned Title IV-D child support
57	57	[registry] cases and on delinquency may, subject to the approval of
58	58	the Title IV-D agency, provide enforcement services through:
59	59	(1) direct provision of services by county personnel;
60	60	(2) subcontracting all or portions of the services to
61	61	private entities or attorneys; or
62	62	(3) such other methods as may be approved by the Title
63	63	IV-D agency.
64	64	SECTION 4. Section 231.104, Family Code, is amended by
65	65	adding Subsection (c) to read as follows:
66	66	(c) Filing a notice of assignment of support rights, a
67	67	notice of change of payee under Section 231.105, or a pleading by
68	68	the Title IV-D agency in a suit under this title is evidence of the
69	69	assignment of support rights to the Title IV-D agency in that cause
70	70	and is admissible as evidence of the truth of the assignment of
71	71	support rights and does not require further authentication or
72	72	verification.
73	73	SECTION 5. Section 233.018, Family Code, is amended by
74	74	adding Subsections (c), (d), and (e) to read as follows:
75	75	(c) A party may sign a waiver under this section using a
76	76	digitized signature.
77	77	(d) A waiver under this section must be:
78	78	(1) sworn before a notary public; or
79	79	(2) executed using an unsworn declaration under
80	80	Section 132.001, Civil Practice and Remedies Code.
81	81	(e) Notwithstanding Subsection (a)(2), the mailing address
82	82	of a party shall be omitted if:
83	83	(1) the court has previously made a finding and
84	84	ordered nondisclosure under Section 105.006(c) relating to the
85	85	parties and the order has not been superseded; or
86	86	(2) the child support review order contains an agreed
87	87	finding and order under Section 105.006(c).
88	88	SECTION 6. Section 233.021(c), Family Code, is amended to
89	89	read as follows:
90	90	(c) The clerk shall deliver by personal service or, if
91	91	court-ordered, a method of substituted service, a copy of the
92	92	petition for confirmation of a nonagreed review order and a copy of
93	93	the order, to each party entitled to service who has not waived
94	94	service.
95	95	SECTION 7. Section 233.024(a), Family Code, is amended to
96	96	read as follows:
97	97	(a) On the filing of an agreed child support review order
98	98	signed by all parties, together with waiver of service, the court
99	99	shall sign the order not later than the seventh [third] day after
100	100	the filing of the order. On expiration of the seventh [third] day
101	101	after the filing of the order, the order is considered confirmed by
102	102	the court by operation of law, regardless of whether the court has
103	103	signed the order. The court may sign the order before filing the
104	104	order, but the signed order shall immediately be filed.
105	105	SECTION 8. The changes in law made by this Act to Sections
106	106	105.008 and 231.0011, Family Code, apply to a suit affecting the
107	107	parent-child relationship pending in a trial court on or filed on or
108	108	after the effective date of this Act.
109	109	SECTION 9. The change in law made by this Act to Section
110	110	233.021(c), Family Code, applies only to a petition for
111	111	confirmation of a nonagreed order filed on or after the effective
112	112	date of this Act. A petition filed before the effective date of
113	113	this Act is governed by the law in effect on the date the petition
114	114	was filed, and the former law is continued in effect for that
115	115	purpose.
116	116	SECTION 10. The change in law made by this Act to Section
117	117	233.024(a), Family Code, applies only to an agreed child support
118	118	review order filed on or after the effective date of this Act. An
119	119	order filed before the effective date of this Act is governed by the
120	120	law in effect on the date the order was filed, and the former law is
121	121	continued in effect for that purpose.
122	122	SECTION 11. This Act takes effect September 1, 2021.