Texas 2023 - 88th Regular

Texas House Bill HB2247 Compare Versions

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Version 2 (New)

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1	1	88R3865 MLH/AMF-D
2	2	By: Smithee H.B. No. 2247
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain Title IV-D cases and other cases with respect to
8	8	child support or Title IV-D agency services and to practices and
9	9	procedures for the operation of the Title IV-D agency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 355.102(e), Estates Code, is amended to
12	12	read as follows:
13	13	(e) Class 4 claims are composed of claims:
14	14	(1) for the principal amount of and accrued interest
15	15	on delinquent child support and child support arrearages that have
16	16	been:
17	17	(A) confirmed as a judgment or a determination of
18	18	arrearages by a court under Title 5, Family Code; or
19	19	(B) administratively determined as evidenced by
20	20	a certified child support payment record produced by the Title IV-D
21	21	agency, as defined by Section 101.033, Family Code, in a Title IV-D
22	22	case, as defined by Section 101.034, Family Code; and
23	23	(2) for unpaid child support obligations under Section
24	24	154.015, Family Code.
25	25	SECTION 2. Section 154.004, Family Code, is amended by
26	26	amending Subsections (a) and (b) to read as follows:
27	27	(a) The court shall order the payment of child support,
28	28	medical support, and dental support to the state disbursement unit
29	29	as provided by Chapter 234.
30	30	(b) In a Title IV-D case, the court or the Title IV-D agency
31	31	shall order that income withheld for child support, medical
32	32	support, and dental support be paid to the state disbursement unit
33	33	of this state or, if appropriate, to the state disbursement unit of
34	34	another state.
35	35	SECTION 3. Subchapter A, Chapter 154, Family Code, is
36	36	amended by adding Section 154.017 to read as follows:
37	37	Sec. 154.017. EMPLOYMENT SERVICES-RELATED ORDERS FOR
38	38	UNEMPLOYED AND UNDEREMPLOYED OBLIGORS. (a) When establishing,
39	39	modifying, or enforcing a child support obligation, a court or
40	40	Title IV-D agency may render an order requiring an unemployed or
41	41	underemployed obligor to:
42	42	(1) enroll and participate fully in a program
43	43	available in the obligor's community that provides employment
44	44	assistance, skills training, or job placement services; or
45	45	(2) work, have a plan to pay child support, or
46	46	participate in work activities appropriate to pay the support
47	47	obligation.
48	48	(b) An order rendered under this section is enforceable as
49	49	provided by Chapter 157.
50	50	SECTION 4. Section 156.401(b), Family Code, is amended to
51	51	read as follows:
52	52	(b) Except as provided by Sections 231.1015, 231.1016, and
53	53	231.1017, a [A] support order may be modified with regard to the
54	54	amount of support ordered only as to obligations accruing after the
55	55	earlier of:
56	56	(1) the date of service of citation; or
57	57	(2) an appearance in the suit to modify.
58	58	SECTION 5. Section 157.321, Family Code, is amended to read
59	59	as follows:
60	60	Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. (a) A child
61	61	support lien claimant may at any time release a lien on all or part
62	62	of the property of the obligor or return seized property, without
63	63	liability, if assurance of payment is considered adequate by the
64	64	claimant or if the release or return will facilitate the collection
65	65	of the arrearages. The release or return may not operate to prevent
66	66	future action to collect from the same or other property owned by
67	67	the obligor.
68	68	(b) A release of child support lien filed by the Title IV-D
69	69	agency under this section does not require verification.
70	70	SECTION 6. Section 157.322, Family Code, is amended by
71	71	adding Subsection (c) to read as follows:
72	72	(c) A release of child support lien filed by the Title IV-D
73	73	agency under this section does not require verification.
74	74	SECTION 7. Section 161.304, Family Code, is amended by
75	75	adding Subsection (c-1) to read as follows:
76	76	(c-1) The clerk of the court shall provide a copy of an order
77	77	rendered under Subsection (c) to the Title IV-D agency.
78	78	SECTION 8. Subchapter B, Chapter 201, Family Code, is
79	79	amended by adding Section 201.1045 to read as follows:
80	80	Sec. 201.1045. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE
81	81	COMMUNICATION. (a) In this section, "remote communication"
82	82	includes teleconferencing, videoconferencing, and any similar
83	83	technology.
84	84	(b) Unless a party files a written objection and except as
85	85	provided by Subsection (d), an associate judge appointed under this
86	86	subchapter may conduct a proceeding or perform a judicial action
87	87	authorized under Section 201.104 from any location in this state
88	88	using remote communication.
89	89	(c) Except as provided by Subsection (d), an associate judge
90	90	appointed under this subchapter may require or authorize a party to
91	91	participate in a proceeding authorized under Section 201.104 using
92	92	a method of remote communication available to the party.
93	93	(d) A respondent is entitled to appear in person at a final
94	94	hearing that may result in a finding of contempt or revocation of
95	95	the respondent's community supervision under Chapter 157. The
96	96	respondent may waive the right to appear in person at the hearing in
97	97	writing or on the record. Unless the respondent waives that right,
98	98	the associate judge must also appear at the hearing in person.
99	99	SECTION 9. Section 231.002(e), Family Code, is amended to
100	100	read as follows:
101	101	(e) The Title IV-D agency may take the following
102	102	administrative actions with respect to the location of a parent,
103	103	the determination of parentage, and the establishment,
104	104	modification, and enforcement of child support, medical support,
105	105	and dental support orders required by 42 U.S.C. Section 666(c),
106	106	without obtaining an order from any other judicial or
107	107	administrative tribunal:
108	108	(1) issue an administrative subpoena, as provided by
109	109	Section 231.303, to obtain financial or other information;
110	110	(2) order genetic testing for parentage
111	111	determination, as provided by Chapter 233;
112	112	(3) order income withholding, as provided by Chapter
113	113	233, and issue an administrative writ of withholding, as provided
114	114	by Chapter 158; [and]
115	115	(4) take any action with respect to execution,
116	116	collection, and release of a judgment or lien for child support
117	117	necessary to satisfy the judgment or lien, as provided by Chapter
118	118	157; and
119	119	(5) adjust the support obligations of an incarcerated
120	120	obligor, as provided by Sections 231.1015, 231.1016, and 231.1017.
121	121	SECTION 10. Subchapter A, Chapter 231, Family Code, is
122	122	amended by adding Section 231.016 to read as follows:
123	123	Sec. 231.016. DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE
124	124	IV-D AGENCY OR TITLE IV-D AGENCY EMPLOYEE. A court may dismiss a
125	125	cause of action asserted in a suit filed against the Title IV-D
126	126	agency or an employee of the Title IV-D agency pertaining to the
127	127	powers or duties of, or services provided by, the Title IV-D agency
128	128	under this subtitle if the court determines the asserted cause of
129	129	action:
130	130	(1) is frivolous or malicious;
131	131	(2) fails to state a claim on which relief may be
132	132	granted; or
133	133	(3) seeks monetary relief from the agency or employee
134	134	for which immunity applies.
135	135	SECTION 11. Section 231.101, Family Code, is amended by
136	136	adding Subsection (f) to read as follows:
137	137	(f) The Title IV-D agency shall distribute a child support
138	138	payment received on behalf of a child placed in substitute care as
139	139	described by Section 264.109 to the appropriate state agency in
140	140	accordance with applicable federal laws or regulations.
141	141	SECTION 12. Subchapter B, Chapter 231, Family Code, is
142	142	amended by adding Sections 231.1015, 231.1016, and 231.1017 to read
143	143	as follows:
144	144	Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT
145	145	OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to
146	146	Subsection (b), on verification by the Title IV-D agency that a
147	147	judgment or order has been rendered for the confinement of a child
148	148	support obligor in a local, state, or federal jail or prison for a
149	149	period of at least 180 consecutive days, the Title IV-D agency shall
150	150	review and administratively adjust the obligor's child support,
151	151	medical support, and dental support order to amounts that are based
152	152	on the application of the child support guidelines under Chapter
153	153	154 to the obligor's net resources during incarceration.
154	154	(b) This section does not apply if the Title IV-D agency
155	155	determines that the obligor is confined:
156	156	(1) due to the obligor's failure to comply with a child
157	157	support order; or
158	158	(2) for an offense constituting an act of family
159	159	violence, as defined by Section 71.004, committed against the
160	160	obligee or a child covered by the child support order.
161	161	(c) If the Title IV-D agency administratively adjusts a
162	162	support obligation under Subsection (a), the agency must:
163	163	(1) provide notice of the administrative adjustment to
164	164	the parties to the support order; and
165	165	(2) file a copy of the notice with the court of
166	166	continuing, exclusive jurisdiction.
167	167	(d) The notice provided under Subsection (c) must state:
168	168	(1) the amount of the obligor's adjusted support
169	169	obligation during incarceration;
170	170	(2) the effective date of the administrative
171	171	adjustment of the support obligation; and
172	172	(3) the style and cause number of the case in which the
173	173	support order was rendered.
174	174	(e) Notwithstanding Subsection (a), the Title IV-D agency
175	175	may seek modification of the support order under Subchapter E,
176	176	Chapter 156, in lieu of administratively adjusting the support
177	177	obligation under this section.
178	178	(f) The administrative adjustment of a support obligation
179	179	under this section may not take effect before the 30th day after the
180	180	date a copy of the notice is filed with the court of continuing,
181	181	exclusive jurisdiction under Subsection (c)(2).
182	182	(g) The administrative adjustment of a support obligation
183	183	under this section does not affect a support obligation due before
184	184	the effective date of the administrative adjustment.
185	185	(h) The Title IV-D agency may adopt rules to implement this
186	186	section.
187	187	Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF
188	188	SUPPORT OBLIGATIONS. (a) Not later than the 30th day after
189	189	receiving notice of an administrative adjustment of a support
190	190	obligation under Section 231.1015, a party to the support order may
191	191	contest the administrative adjustment by requesting that the Title
192	192	IV-D agency review the agency's decision to grant the
193	193	administrative adjustment.
194	194	(b) If a party to the support order does not request the
195	195	Title IV-D agency to review the administrative adjustment within
196	196	the time prescribed by Subsection (a), the Title IV-D agency shall
197	197	file an administrative adjustment order with the court of
198	198	continuing, exclusive jurisdiction. The order must contain a
199	199	signed statement from the Title IV-D agency that neither party to
200	200	the order requested an administrative review within the time
201	201	required by Subsection (a) and state the amount of the obligor's
202	202	adjusted support obligation during incarceration and the effective
203	203	date of the administrative adjustment. The court shall sign the
204	204	order not later than the seventh day after the date the order is
205	205	filed. On expiration of the seventh day after the date the order is
206	206	filed, the order is considered confirmed by the court by operation
207	207	of law, regardless of whether the court has signed the order.
208	208	(c) On request by a party under Subsection (a), the Title
209	209	IV-D agency shall:
210	210	(1) review the administrative adjustment of the
211	211	support obligation to determine whether:
212	212	(A) the exceptions under Section 231.1015(b)
213	213	apply; and
214	214	(B) the administrative adjustment accurately
215	215	reflects the obligor's net resources during incarceration; and
216	216	(2) provide an opportunity for review with the parties
217	217	in person or by telephone, as appropriate.
218	218	(d) After conducting a review under Subsection (c), the
219	219	Title IV-D agency shall:
220	220	(1) affirm the administrative adjustment of the
221	221	support obligation by issuing a notice of determination to the
222	222	parties regarding the agency's decision to affirm the
223	223	administrative adjustment; or
224	224	(2) withdraw the administrative adjustment of the
225	225	support obligation by filing a notice with the court of continuing,
226	226	exclusive jurisdiction withdrawing the administrative adjustment
227	227	and issuing a notice of determination to the parties regarding the
228	228	agency's decision to withdraw the administrative adjustment.
229	229	(e) Not later than the 30th day after a party receives
230	230	notice under Subsection (d)(1), the party may file a motion
231	231	requesting a hearing with the court of continuing, exclusive
232	232	jurisdiction to contest the Title IV-D agency's administrative
233	233	adjustment of the support obligation. The administrative
234	234	adjustment remains in effect until:
235	235	(1) the agency files a notice with the court of
236	236	continuing, exclusive jurisdiction withdrawing the administrative
237	237	adjustment; or
238	238	(2) the court renders an order regarding the
239	239	administrative adjustment.
240	240	(f) If a party to a support order does not file a motion
241	241	requesting a hearing with the court of continuing, exclusive
242	242	jurisdiction within the time prescribed by Subsection (e), the
243	243	Title IV-D agency shall file an administrative adjustment order
244	244	with the court of continuing, exclusive jurisdiction and shall
245	245	attach to the order a copy of the notice of determination issued
246	246	under Subsection (d)(1). The order must state the amount of the
247	247	obligor's adjusted support obligation during incarceration and the
248	248	effective date of the administrative adjustment. The court shall
249	249	sign the order not later than the seventh day after the date the
250	250	order is filed. On expiration of the seventh day after the date the
251	251	order is filed, the order is considered confirmed by the court by
252	252	operation of law, regardless of whether the court has signed the
253	253	order.
254	254	(g) The Title IV-D agency may adopt rules to implement this
255	255	section.
256	256	Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER
257	257	OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the
258	258	release of an obligor whose support obligations were
259	259	administratively adjusted during incarceration under Section
260	260	231.1015, the Title IV-D agency shall review the obligor's support
261	261	order as provided by Section 231.101 to determine if modification
262	262	is necessary and may proceed under Chapter 156 or 233.
263	263	SECTION 13. Section 231.108, Family Code, is amended by
264	264	adding Subsection (h) to read as follows:
265	265	(h) A court may not order the Title IV-D agency to release
266	266	information that is confidential or privileged under this section.
267	267	SECTION 14. The heading to Section 231.117, Family Code, is
268	268	amended to read as follows:
269	269	Sec. 231.117. EMPLOYMENT SERVICES-RELATED REFERRALS FOR
270	270	UNEMPLOYED AND UNDEREMPLOYED OBLIGORS.
271	271	SECTION 15. Section 231.117(a), Family Code, is amended to
272	272	read as follows:
273	273	(a) The Title IV-D agency:
274	274	(1) shall refer to appropriate state and local
275	275	entities that provide employment services any unemployed or
276	276	underemployed obligor who is in arrears in court-ordered child
277	277	support payments; and
278	278	(2) may make the referral described by Subdivision (1)
279	279	for any unemployed or underemployed obligor who is not in arrears.
280	280	SECTION 16. Chapter 233, Family Code, is amended by adding
281	281	Section 233.0155 to read as follows:
282	282	Sec. 233.0155. ISSUANCE AND ENFORCEMENT OF CHILD SUPPORT
283	283	REVIEW ORDER CONTAINING DETERMINATION OF ARREARAGES; TIME
284	284	LIMITATION NOT APPLICABLE. The Title IV-D agency's authority to
285	285	issue and enforce a child support review order containing a
286	286	determination of arrearages is not subject to the time limitation
287	287	prescribed by Section 157.005(b) on the court's jurisdiction to
288	288	confirm the amount of and render cumulative money judgments for
289	289	arrearages.
290	290	SECTION 17. Section 233.018(e), Family Code, is amended to
291	291	read as follows:
292	292	(e) Notwithstanding Subsection (a)(2) or Section
293	293	132.001(d), Civil Practice and Remedies Code, the [mailing] address
294	294	of a party shall be omitted from the child support review order and
295	295	any waiver signed under this section if:
296	296	(1) the court has previously made a finding and
297	297	ordered nondisclosure under Section 105.006(c) relating to the
298	298	parties and the order has not been superseded; or
299	299	(2) the child support review order contains an agreed
300	300	finding and order under Section 105.006(c).
301	301	SECTION 18. Section 233.020(a), Family Code, is amended to
302	302	read as follows:
303	303	(a) A petition for confirmation of a child support review
304	304	order not agreed to by the parties:
305	305	(1) must include the final review order as an
306	306	attachment to the petition; and
307	307	(2) may include a waiver of service executed under
308	308	Section 233.018 [233.018(b)] and an agreement to appear in court
309	309	for a hearing.
310	310	SECTION 19. Section 234.001(d), Family Code, is amended to
311	311	read as follows:
312	312	(d) A certified child support payment record produced by the
313	313	Title IV-D agency or state disbursement unit is admissible as
314	314	evidence of the truth of the information contained in the record and
315	315	does not require further authentication or verification.
316	316	SECTION 20. Subchapter A, Chapter 234, Family Code, is
317	317	amended by adding Sections 234.0015 and 234.013 to read as follows:
318	318	Sec. 234.0015. CHILD SUPPORT PAYMENTS. For purposes of
319	319	services provided by the state disbursement unit under this
320	320	subchapter, a child support payment includes child support, medical
321	321	support, and dental support ordered under Chapter 154.
322	322	Sec. 234.013. APPLICABILITY TO CERTAIN MAINTENANCE
323	323	PAYMENTS. The state disbursement unit shall administer maintenance
324	324	payments ordered under Section 8.062 in the same manner as child
325	325	support payments under this subchapter.
326	326	SECTION 21. Section 552.117(a), Government Code, is amended
327	327	to read as follows:
328	328	(a) Information is excepted from the requirements of
329	329	Section 552.021 if it is information that relates to the home
330	330	address, home telephone number, emergency contact information, or
331	331	social security number of the following person or that reveals
332	332	whether the person has family members:
333	333	(1) a current or former official or employee of a
334	334	governmental body, except as otherwise provided by Section 552.024;
335	335	(2) a current or honorably retired peace officer as
336	336	defined by Article 2.12, Code of Criminal Procedure, or a current or
337	337	honorably retired security officer commissioned under Section
338	338	51.212, Education Code, regardless of whether the officer complies
339	339	with Section 552.024 or 552.1175, as applicable;
340	340	(3) a current or former employee of the Texas
341	341	Department of Criminal Justice or of the predecessor in function of
342	342	the department or any division of the department, regardless of
343	343	whether the current or former employee complies with Section
344	344	552.1175;
345	345	(4) a peace officer as defined by Article 2.12, Code of
346	346	Criminal Procedure, or other law, a reserve law enforcement
347	347	officer, a commissioned deputy game warden, or a corrections
348	348	officer in a municipal, county, or state penal institution in this
349	349	state who was killed in the line of duty, regardless of whether the
350	350	deceased complied with Section 552.024 or 552.1175;
351	351	(5) a commissioned security officer as defined by
352	352	Section 1702.002, Occupations Code, regardless of whether the
353	353	officer complies with Section 552.024 or 552.1175, as applicable;
354	354	(6) an officer or employee of a community supervision
355	355	and corrections department established under Chapter 76 who
356	356	performs a duty described by Section 76.004(b), regardless of
357	357	whether the officer or employee complies with Section 552.024 or
358	358	552.1175;
359	359	(7) a current or former employee of the office of the
360	360	attorney general who is or was assigned to a division of that office
361	361	the duties of which involve law enforcement or are performed under
362	362	Chapter 231, Family Code, regardless of whether the current or
363	363	former employee complies with Section 552.024 or 552.1175;
364	364	(8) a current or former employee of the Texas Juvenile
365	365	Justice Department or of the predecessors in function of the
366	366	department, regardless of whether the current or former employee
367	367	complies with Section 552.024 or 552.1175;
368	368	(9) a current or former juvenile probation or
369	369	supervision officer certified by the Texas Juvenile Justice
370	370	Department, or the predecessors in function of the department,
371	371	under Title 12, Human Resources Code, regardless of whether the
372	372	current or former officer complies with Section 552.024 or
373	373	552.1175;
374	374	(10) a current or former employee of a juvenile
375	375	justice program or facility, as those terms are defined by Section
376	376	261.405, Family Code, regardless of whether the current or former
377	377	employee complies with Section 552.024 or 552.1175;
378	378	(11) a current or former member of the United States
379	379	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
380	380	service of one of those branches of the armed forces, or the Texas
381	381	military forces, as that term is defined by Section 437.001;
382	382	(12) a current or former district attorney, criminal
383	383	district attorney, or county or municipal attorney whose
384	384	jurisdiction includes any criminal law or child protective services
385	385	matters, regardless of whether the current or former attorney
386	386	complies with Section 552.024 or 552.1175;
387	387	(13) a current or former employee of a district
388	388	attorney, criminal district attorney, or county or municipal
389	389	attorney whose jurisdiction includes any criminal law or child
390	390	protective services matters, regardless of whether the current or
391	391	former employee complies with Section 552.024 or 552.1175;
392	392	(14) a current or former employee of the Texas Civil
393	393	Commitment Office or of the predecessor in function of the office or
394	394	a division of the office, regardless of whether the current or
395	395	former employee complies with Section 552.024 or 552.1175;
396	396	(15) a current or former federal judge or state judge,
397	397	as those terms are defined by Section 1.005, Election Code, a
398	398	federal bankruptcy judge, a marshal of the United States Marshals
399	399	Service, a United States attorney, or a family member of a current
400	400	or former federal judge, including a federal bankruptcy judge, a
401	401	marshal of the United States Marshals Service, a United States
402	402	attorney, or a state judge;
403	403	(16) a current or former child protective services
404	404	caseworker, adult protective services caseworker, or investigator
405	405	for the Department of Family and Protective Services, regardless of
406	406	whether the caseworker or investigator complies with Section
407	407	552.024 or 552.1175, or a current or former employee of a department
408	408	contractor performing child protective services caseworker, adult
409	409	protective services caseworker, or investigator functions for the
410	410	contractor on behalf of the department;
411	411	(17) an elected public officer, regardless of whether
412	412	the officer complies with Section 552.024 or 552.1175;
413	413	(18) a current or former United States attorney,
414	414	assistant United States attorney, federal public defender, deputy
415	415	federal public defender, or assistant federal public defender and
416	416	the spouse or child of the current or former attorney or public
417	417	defender, regardless of whether the person complies with Section
418	418	552.024 or 552.1175; or
419	419	(19) a firefighter or volunteer firefighter or
420	420	emergency medical services personnel as defined by Section 773.003,
421	421	Health and Safety Code, regardless of whether the firefighter or
422	422	volunteer firefighter or emergency medical services personnel
423	423	comply with Section 552.024 or 552.1175, as applicable.
424	424	SECTION 22. Section 552.1175(a), Government Code, is
425	425	amended to read as follows:
426	426	(a) This section applies only to:
427	427	(1) current or honorably retired peace officers as
428	428	defined by Article 2.12, Code of Criminal Procedure, or special
429	429	investigators as described by Article 2.122, Code of Criminal
430	430	Procedure;
431	431	(2) current or honorably retired county jailers as
432	432	defined by Section 1701.001, Occupations Code;
433	433	(3) current or former employees of the Texas
434	434	Department of Criminal Justice or of the predecessor in function of
435	435	the department or any division of the department;
436	436	(4) commissioned security officers as defined by
437	437	Section 1702.002, Occupations Code;
438	438	(5) a current or former district attorney, criminal
439	439	district attorney, or county or municipal attorney whose
440	440	jurisdiction includes any criminal law or child protective services
441	441	matters;
442	442	(5-a) a current or former employee of a district
443	443	attorney, criminal district attorney, or county or municipal
444	444	attorney whose jurisdiction includes any criminal law or child
445	445	protective services matters;
446	446	(6) officers and employees of a community supervision
447	447	and corrections department established under Chapter 76 who perform
448	448	a duty described by Section 76.004(b);
449	449	(7) criminal investigators of the United States as
450	450	described by Article 2.122(a), Code of Criminal Procedure;
451	451	(8) current or honorably retired police officers and
452	452	inspectors of the United States Federal Protective Service;
453	453	(9) current and former employees of the office of the
454	454	attorney general who are or were assigned to a division of that
455	455	office the duties of which involve law enforcement or are performed
456	456	under Chapter 231, Family Code;
457	457	(10) current or former juvenile probation and
458	458	detention officers certified by the Texas Juvenile Justice
459	459	Department, or the predecessors in function of the department,
460	460	under Title 12, Human Resources Code;
461	461	(11) current or former employees of a juvenile justice
462	462	program or facility, as those terms are defined by Section 261.405,
463	463	Family Code;
464	464	(12) current or former employees of the Texas Juvenile
465	465	Justice Department or the predecessors in function of the
466	466	department;
467	467	(13) federal judges and state judges as defined by
468	468	Section 1.005, Election Code;
469	469	(14) current or former employees of the Texas Civil
470	470	Commitment Office or of the predecessor in function of the office or
471	471	a division of the office;
472	472	(15) a current or former member of the United States
473	473	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
474	474	service of one of those branches of the armed forces, or the Texas
475	475	military forces, as that term is defined by Section 437.001;
476	476	(16) a current or former child protective services
477	477	caseworker, adult protective services caseworker, or investigator
478	478	for the Department of Family and Protective Services or a current or
479	479	former employee of a department contractor performing child
480	480	protective services caseworker, adult protective services
481	481	caseworker, or investigator functions for the contractor on behalf
482	482	of the department;
483	483	(17) an elected public officer;
484	484	(18) a firefighter or volunteer firefighter or
485	485	emergency medical services personnel as defined by Section 773.003,
486	486	Health and Safety Code; and
487	487	(19) a current or former United States attorney,
488	488	assistant United States attorney, federal public defender, deputy
489	489	federal public defender, or assistant federal public defender.
490	490	SECTION 23. Section 12.0011(d), Property Code, is amended
491	491	to read as follows:
492	492	(d) This section does not apply to a child support lien
493	493	notice or release of child support lien issued by the Title IV-D
494	494	agency under Chapter 157, Family Code. For purposes of this
495	495	subsection, "Title IV-D agency" has the meaning assigned by Section
496	496	101.033, Family Code.
497	497	SECTION 24. Section 240.151, Property Code, is amended by
498	498	amending Subsections (g) and (h) and adding Subsection (i) to read
499	499	as follows:
500	500	(g) A disclaimer by a child support obligor is barred as to
501	501	disclaimed property that could be applied to satisfy the
502	502	disclaimant's child support obligations if those obligations have
503	503	been:
504	504	(1) administratively determined as evidenced by a
505	505	certified child support payment record produced by the Title IV-D
506	506	agency [as defined by Section 101.033, Family Code,] in a Title IV-D
507	507	case [as defined by Section 101.034, Family Code]; or
508	508	(2) confirmed and reduced to judgment as provided by
509	509	Section 157.263, Family Code.
510	510	(h) If Subsection (g) applies, the child support obligee to
511	511	whom child support arrearages are owed or the Title IV-D agency may
512	512	enforce the child support obligation against the disclaimant as to
513	513	disclaimed property by a lien or by any other remedy provided by
514	514	law.
515	515	(i) In this section:
516	516	(1) "Title IV-D agency" has the meaning assigned by
517	517	Section 101.033, Family Code.
518	518	(2) "Title IV-D case" has the meaning assigned by
519	519	Section 101.034, Family Code.
520	520	SECTION 25. Section 25.025(a), Tax Code, is amended to read
521	521	as follows:
522	522	(a) This section applies only to:
523	523	(1) a current or former peace officer as defined by
524	524	Article 2.12, Code of Criminal Procedure, and the spouse or
525	525	surviving spouse of the peace officer;
526	526	(2) the adult child of a current peace officer as
527	527	defined by Article 2.12, Code of Criminal Procedure;
528	528	(3) a current or honorably retired county jailer as
529	529	defined by Section 1701.001, Occupations Code;
530	530	(4) an employee of the Texas Department of Criminal
531	531	Justice;
532	532	(5) a commissioned security officer as defined by
533	533	Section 1702.002, Occupations Code;
534	534	(6) an individual who shows that the individual, the
535	535	individual's child, or another person in the individual's household
536	536	is a victim of family violence as defined by Section 71.004, Family
537	537	Code, by providing:
538	538	(A) a copy of a protective order issued under
539	539	Chapter 85, Family Code, or a magistrate's order for emergency
540	540	protection issued under Article 17.292, Code of Criminal Procedure;
541	541	or
542	542	(B) other independent documentary evidence
543	543	necessary to show that the individual, the individual's child, or
544	544	another person in the individual's household is a victim of family
545	545	violence;
546	546	(7) an individual who shows that the individual, the
547	547	individual's child, or another person in the individual's household
548	548	is a victim of sexual assault or abuse, stalking, or trafficking of
549	549	persons by providing:
550	550	(A) a copy of a protective order issued under
551	551	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
552	552	magistrate's order for emergency protection issued under Article
553	553	17.292, Code of Criminal Procedure; or
554	554	(B) other independent documentary evidence
555	555	necessary to show that the individual, the individual's child, or
556	556	another person in the individual's household is a victim of sexual
557	557	assault or abuse, stalking, or trafficking of persons;
558	558	(8) a participant in the address confidentiality
559	559	program administered by the attorney general under Subchapter B,
560	560	Chapter 58, Code of Criminal Procedure, who provides proof of
561	561	certification under Article 58.059, Code of Criminal Procedure;
562	562	(9) a federal judge, a federal bankruptcy judge, a
563	563	marshal of the United States Marshals Service, a state judge, or a
564	564	family member of a federal judge, a federal bankruptcy judge, a
565	565	marshal of the United States Marshals Service, or a state judge;
566	566	(10) a current or former district attorney, criminal
567	567	district attorney, or county or municipal attorney whose
568	568	jurisdiction includes any criminal law or child protective services
569	569	matters;
570	570	(11) a current or former employee of a district
571	571	attorney, criminal district attorney, or county or municipal
572	572	attorney whose jurisdiction includes any criminal law or child
573	573	protective services matters;
574	574	(12) an officer or employee of a community supervision
575	575	and corrections department established under Chapter 76,
576	576	Government Code, who performs a duty described by Section 76.004(b)
577	577	of that code;
578	578	(13) a criminal investigator of the United States as
579	579	described by Article 2.122(a), Code of Criminal Procedure;
580	580	(14) a current or honorably retired police officer or
581	581	inspector of the United States Federal Protective Service;
582	582	(15) a current or former United States attorney,
583	583	assistant United States attorney, federal public defender, deputy
584	584	federal public defender, or assistant federal public defender and
585	585	the spouse and child of the attorney or public defender;
586	586	(16) a current or former employee of the office of the
587	587	attorney general who is or was assigned to a division of that office
588	588	the duties of which involve law enforcement or are performed under
589	589	Chapter 231, Family Code;
590	590	(17) a medical examiner or person who performs
591	591	forensic analysis or testing who is employed by this state or one or
592	592	more political subdivisions of this state;
593	593	(18) a current or former member of the United States
594	594	armed forces who has served in an area that the president of the
595	595	United States by executive order designates for purposes of 26
596	596	U.S.C. Section 112 as an area in which armed forces of the United
597	597	States are or have engaged in combat;
598	598	(19) a current or former employee of the Texas
599	599	Juvenile Justice Department or of the predecessors in function of
600	600	the department;
601	601	(20) a current or former juvenile probation or
602	602	supervision officer certified by the Texas Juvenile Justice
603	603	Department, or the predecessors in function of the department,
604	604	under Title 12, Human Resources Code;
605	605	(21) a current or former employee of a juvenile
606	606	justice program or facility, as those terms are defined by Section
607	607	261.405, Family Code;
608	608	(22) a current or former employee of the Texas Civil
609	609	Commitment Office or the predecessor in function of the office or a
610	610	division of the office;
611	611	(23) a current or former employee of a federal judge or
612	612	state judge;
613	613	(24) a current or former child protective services
614	614	caseworker, adult protective services caseworker, or investigator
615	615	for the Department of Family and Protective Services or a current or
616	616	former employee of a department contractor performing child
617	617	protective services caseworker, adult protective services
618	618	caseworker, or investigator functions for the contractor on behalf
619	619	of the department;
620	620	(25) an elected public officer; and
621	621	(26) a firefighter or volunteer firefighter or
622	622	emergency medical services personnel as defined by Section 773.003,
623	623	Health and Safety Code.
624	624	SECTION 26. Section 231.117(d), Family Code, is repealed.
625	625	SECTION 27. The change in law made by Section 355.102(e),
626	626	Estates Code, as amended by this Act, applies only to the estate of
627	627	a decedent who dies on or after the effective date of this Act. The
628	628	estate of a decedent who dies before the effective date of this Act
629	629	is governed by the law in effect on the date of the decedent's
630	630	death, and the former law is continued in effect for that purpose.
631	631	SECTION 28. The changes in law made by Section 154.017,
632	632	Family Code, as added by this Act, and Section 231.117, Family Code,
633	633	as amended by this Act, do not constitute a material and substantial
634	634	change of circumstances under Section 156.401, Family Code,
635	635	sufficient to warrant modification of a court order or a portion of
636	636	a decree that provides for the support of a child rendered before
637	637	the effective date of this Act.
638	638	SECTION 29. The changes in law made by Section 157.321,
639	639	Family Code, as amended by this Act, Section 157.322(c), Family
640	640	Code, as added by this Act, and Section 12.0011(d), Property Code,
641	641	as amended by this Act, apply only to a child support lien release
642	642	executed on or after the effective date of this Act. A child
643	643	support lien release executed before the effective date of this Act
644	644	is governed by the law in effect on the date the lien release was
645	645	executed, and the former law is continued in effect for that
646	646	purpose.
647	647	SECTION 30. The change in law made by Section 161.304(c-1),
648	648	Family Code, as added by this Act, applies only to an order
649	649	reinstating parental rights that is rendered on or after the
650	650	effective date of this Act. An order rendered before the effective
651	651	date of this Act is governed by the law in effect on the date the
652	652	order was rendered, and the former law is continued in effect for
653	653	that purpose.
654	654	SECTION 31. The change in law made by Section 201.1045,
655	655	Family Code, as added by this Act, applies only to a Title IV-D case
656	656	referred to an associate judge under Subchapter B, Chapter 201,
657	657	Family Code, on or after the effective date of this Act. A Title
658	658	IV-D case referred to an associate judge before that date is
659	659	governed by the law in effect on the date the case was referred, and
660	660	the former law is continued in effect for that purpose.
661	661	SECTION 32. The change in law made by Section 231.016,
662	662	Family Code, as added by this Act, applies only to a suit filed on or
663	663	after the effective date of this Act.
664	664	SECTION 33. The change in law made by Section 231.101(f),
665	665	Family Code, as added by this Act, applies only to a child support
666	666	payment received by the Title IV-D agency on or after the effective
667	667	date of this Act. A child support payment received by the Title
668	668	IV-D agency before that date is governed by the law in effect on the
669	669	date the payment was received, and the former law is continued in
670	670	effect for that purpose.
671	671	SECTION 34. (a) The changes in law made by Section
672	672	231.002(e), Family Code, as amended by this Act, and Sections
673	673	231.1015, 231.1016, and 231.1017, Family Code, as added by this
674	674	Act, apply to a child support order regardless of whether the order
675	675	was rendered before, on, or after the effective date of this Act.
676	676	(b) The change in law made by this Act described by
677	677	Subsection (a) of this section constitutes a material and
678	678	substantial change of circumstances under Section 156.401, Family
679	679	Code, sufficient to warrant modification of a court order or a
680	680	portion of a decree that provides for the support of a child
681	681	rendered before the effective date of this Act.
682	682	SECTION 35. The change in law made by Section 233.0155,
683	683	Family Code, as added by this Act, applies to a child support review
684	684	order issued by the Title IV-D agency on or after the effective date
685	685	of this Act regardless of whether the original child support order
686	686	was rendered before, on, or after that date.
687	687	SECTION 36. The change in law made by Section 233.018(e),
688	688	Family Code, as amended by this Act, applies only to an agreed child
689	689	support review order filed on or after the effective date of this
690	690	Act. An agreed child support review order filed before that date is
691	691	governed by the law in effect on the date the order was filed, and
692	692	the former law is continued in effect for that purpose.
693	693	SECTION 37. The change in law made by Section 234.001(d),
694	694	Family Code, as amended by this Act, applies only to the
695	695	admissibility of evidence in a proceeding commenced on or after the
696	696	effective date of this Act. The admissibility of evidence in a
697	697	proceeding that commences before the effective date of this Act is
698	698	governed by the law in effect on the date the proceeding commenced,
699	699	and the former law is continued in effect for that purpose.
700	700	SECTION 38. The changes in law made by Section 154.004,
701	701	Family Code, as amended by this Act, and Sections 234.0015 and
702	702	234.013, Family Code, as added by this Act, apply to a child support
703	703	or maintenance payment made on or after the effective date of this
704	704	Act regardless of whether the order for child support or
705	705	maintenance was rendered before, on, or after the effective date of
706	706	this Act.
707	707	SECTION 39. The changes in law made by Sections 552.117(a)
708	708	and 552.1175(a), Government Code, and Section 25.025(a), Tax Code,
709	709	as amended by this Act, apply only to a request for information that
710	710	is received by a governmental body or an officer on or after the
711	711	effective date of this Act. A request for information that was
712	712	received before the effective date of this Act is governed by the
713	713	law in effect on the date the request was received, and the former
714	714	law is continued in effect for that purpose.
715	715	SECTION 40. The change in law made by Section 240.151,
716	716	Property Code, as amended by this Act, applies only to a disclaimer
717	717	made on or after the effective date of this Act. A disclaimer made
718	718	before the effective date of this Act is governed by the law in
719	719	effect at the time the disclaimer was made, and the former law is
720	720	continued in effect for that purpose.
721	721	SECTION 41. This Act takes effect September 1, 2023.