Texas 2023 - 88th Regular

Texas House Bill HB3332 Compare Versions

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1	1	88R5793 MLH-F
2	2	By: Sherman, Sr. H.B. No. 3332
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the child support obligation of certain obligors who
8	8	are or were incarcerated.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 154.001, Family Code, is amended by
11	11	adding Subsection (a-2) to read as follows:
12	12	(a-2) Notwithstanding Subsections (a) and (a-1), if an
13	13	obligor's child support obligation has been suspended by the Title
14	14	IV-D agency under Section 231.1018, the obligor shall continue to
15	15	support the child as provided by the order until the 180th day after
16	16	the date the obligation would otherwise have ended under Subsection
17	17	(a) or (a-1), as applicable.
18	18	SECTION 2. Subchapter A, Chapter 154, Family Code, is
19	19	amended by adding Section 154.017 to read as follows:
20	20	Sec. 154.017. CERTAIN INCARCERATED OBLIGORS. (a) Except
21	21	as otherwise provided by Subsection (b), if the court renders an
22	22	order under Chapter 160 establishing a man's paternity of a child
23	23	and the man is confined or imprisoned at the time the order is
24	24	rendered:
25	25	(1) the court shall defer rendering an order under
26	26	this chapter establishing the man's child support obligation until
27	27	the 180th day after the date the man is released from confinement or
28	28	imprisonment; and
29	29	(2) notwithstanding Section 154.131, the man's child
30	30	support obligation does not accrue before the 180th day described
31	31	by Subdivision (1).
32	32	(b) The court is not required to defer rendering an order as
33	33	provided by Subsection (a) if the court finds that the man has
34	34	sufficient financial resources to meet the man's child support
35	35	obligation during the man's confinement or imprisonment.
36	36	SECTION 3. Section 156.401, Family Code, is amended by
37	37	amending Subsection (a) and adding Subsection (a-3) to read as
38	38	follows:
39	39	(a) Except as provided by Subsection (a-1), (a-2), (a-3), or
40	40	(b), the court may modify an order that provides for the support of
41	41	a child, including an order for health care coverage under Section
42	42	154.182 or an order for dental care coverage under Section
43	43	154.1825, if:
44	44	(1) the circumstances of the child or a person
45	45	affected by the order have materially and substantially changed
46	46	since the earlier of:
47	47	(A) the date of the order's rendition; or
48	48	(B) the date of the signing of a mediated or
49	49	collaborative law settlement agreement on which the order is based;
50	50	or
51	51	(2) it has been three years since the order was
52	52	rendered or last modified and the monthly amount of the child
53	53	support award under the order differs by either 20 percent or $100
54	54	from the amount that would be awarded in accordance with the child
55	55	support guidelines.
56	56	(a-3) A child support order that has been suspended by the
57	57	Title IV-D agency under Section 231.1018 may not be modified before
58	58	the 180th day after the date the obligor is released from
59	59	confinement or imprisonment.
60	60	SECTION 4. Section 231.002(e), Family Code, is amended to
61	61	read as follows:
62	62	(e) The Title IV-D agency may take the following
63	63	administrative actions with respect to the location of a parent,
64	64	the determination of parentage, and the establishment,
65	65	modification, and enforcement of child support, medical support,
66	66	and dental support orders required by 42 U.S.C. Section 666(c),
67	67	without obtaining an order from any other judicial or
68	68	administrative tribunal:
69	69	(1) issue an administrative subpoena, as provided by
70	70	Section 231.303, to obtain financial or other information;
71	71	(2) order genetic testing for parentage
72	72	determination, as provided by Chapter 233;
73	73	(3) order income withholding, as provided by Chapter
74	74	233, and issue an administrative writ of withholding, as provided
75	75	by Chapter 158; [and]
76	76	(4) take any action with respect to execution,
77	77	collection, and release of a judgment or lien for child support
78	78	necessary to satisfy the judgment or lien, as provided by Chapter
79	79	157; and
80	80	(5) suspend the child support obligation of an obligor
81	81	released from confinement or imprisonment, as provided by Section
82	82	231.1018.
83	83	SECTION 5. Subchapter B, Chapter 231, Family Code, is
84	84	amended by adding Section 231.1018 to read as follows:
85	85	Sec. 231.1018. ADMINISTRATIVE SUSPENSION OF SUPPORT
86	86	OBLIGATION FOR CERTAIN INCARCERATED OBLIGORS. (a) On verification
87	87	by the Title IV-D agency of the release from confinement or
88	88	imprisonment in a local, state, or federal jail or prison of a child
89	89	support obligor who was confined or imprisoned for a period of at
90	90	least 180 consecutive days, the Title IV-D agency shall
91	91	administratively suspend the obligor's child support, medical
92	92	support, and dental support order for a period of 180 days, during
93	93	which time no support obligation accrues.
94	94	(b) The Title IV-D agency must, for each administrative
95	95	suspension of a support obligation under Subsection (a):
96	96	(1) provide notice of the suspension to the parties to
97	97	the support order; and
98	98	(2) file a copy of the notice with the court of
99	99	continuing, exclusive jurisdiction.
100	100	(c) The notice provided under Subsection (b) must state:
101	101	(1) that the obligor's support obligation has been
102	102	suspended for a period of 180 days;
103	103	(2) the earliest date on which a court may modify the
104	104	order under Section 156.401(a-3); and
105	105	(3) the style and cause number of the case in which the
106	106	support order was rendered.
107	107	(d) The suspension of a support obligation under this
108	108	section takes effect immediately.
109	109	(e) The suspension of a support obligation under this
110	110	section does not affect a support obligation due before the
111	111	effective date of the administrative adjustment.
112	112	(f) The Title IV-D agency may adopt rules to implement this
113	113	section.
114	114	SECTION 6. (a) Section 154.017, Family Code, as added by
115	115	this Act, applies only to an order establishing paternity rendered
116	116	on or after the effective date of this Act.
117	117	(b) Section 154.001, Family Code, as amended by this Act,
118	118	and Section 231.1018, Family Code, as added by this Act, apply only
119	119	to an obligor who is released from confinement or imprisonment on or
120	120	after the effective date of this Act.
121	121	(c) Section 156.401, Family Code, as amended by this Act,
122	122	applies only to a suit for modification filed on or after the
123	123	effective date of this Act.
124	124	SECTION 7. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect September 1, 2023.