Texas 2023 - 88th Regular

Texas Senate Bill SB870 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 870
2	2
3	3
4	4	AN ACT
5	5	relating to certain Title IV-D cases and other cases with respect to
6	6	child support or Title IV-D agency services and to practices and
7	7	procedures for the operation of the Title IV-D agency.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 355.102(e), Estates Code, is amended to
10	10	read as follows:
11	11	(e) Class 4 claims are composed of claims:
12	12	(1) for the principal amount of and accrued interest
13	13	on delinquent child support and child support arrearages that have
14	14	been:
15	15	(A) confirmed as a judgment or a determination of
16	16	arrearages by a court under Title 5, Family Code; or
17	17	(B) administratively determined as evidenced by
18	18	a certified child support payment record produced by the Title IV-D
19	19	agency, as defined by Section 101.033, Family Code, in a Title IV-D
20	20	case, as defined by Section 101.034, Family Code; and
21	21	(2) for unpaid child support obligations under Section
22	22	154.015, Family Code.
23	23	SECTION 2. Section 154.004, Family Code, is amended by
24	24	amending Subsections (a) and (b) to read as follows:
25	25	(a) The court shall order the payment of child support,
26	26	medical support, and dental support to the state disbursement unit
27	27	as provided by Chapter 234.
28	28	(b) In a Title IV-D case, the court or the Title IV-D agency
29	29	shall order that income withheld for child support, medical
30	30	support, and dental support be paid to the state disbursement unit
31	31	of this state or, if appropriate, to the state disbursement unit of
32	32	another state.
33	33	SECTION 3. Subchapter A, Chapter 154, Family Code, is
34	34	amended by adding Section 154.017 to read as follows:
35	35	Sec. 154.017. EMPLOYMENT SERVICES-RELATED ORDERS FOR
36	36	UNEMPLOYED AND UNDEREMPLOYED OBLIGORS. (a) When establishing,
37	37	modifying, or enforcing a child support obligation, a court or
38	38	Title IV-D agency may render an order requiring an unemployed or
39	39	underemployed obligor to:
40	40	(1) enroll and participate fully in a program
41	41	available in the obligor's community that provides employment
42	42	assistance, skills training, or job placement services; or
43	43	(2) work, have a plan to pay child support, or
44	44	participate in work activities appropriate to pay the support
45	45	obligation.
46	46	(b) An order rendered under this section is enforceable as
47	47	provided by Chapter 157.
48	48	SECTION 4. Section 156.401(b), Family Code, is amended to
49	49	read as follows:
50	50	(b) Except as provided by Sections 231.1015, 231.1016, and
51	51	231.1017, a [A] support order may be modified with regard to the
52	52	amount of support ordered only as to obligations accruing after the
53	53	earlier of:
54	54	(1) the date of service of citation; or
55	55	(2) an appearance in the suit to modify.
56	56	SECTION 5. Section 157.321, Family Code, is amended to read
57	57	as follows:
58	58	Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. (a) A child
59	59	support lien claimant may at any time release a lien on all or part
60	60	of the property of the obligor or return seized property, without
61	61	liability, if assurance of payment is considered adequate by the
62	62	claimant or if the release or return will facilitate the collection
63	63	of the arrearages. The release or return may not operate to prevent
64	64	future action to collect from the same or other property owned by
65	65	the obligor.
66	66	(b) A release of child support lien filed by the Title IV-D
67	67	agency under this section does not require verification.
68	68	SECTION 6. Section 157.322, Family Code, is amended by
69	69	adding Subsection (c) to read as follows:
70	70	(c) A release of child support lien filed by the Title IV-D
71	71	agency under this section does not require verification.
72	72	SECTION 7. Section 161.304, Family Code, is amended by
73	73	adding Subsection (c-1) to read as follows:
74	74	(c-1) The clerk of the court shall provide a copy of an order
75	75	rendered under Subsection (c) to the Title IV-D agency.
76	76	SECTION 8. Subchapter B, Chapter 201, Family Code, is
77	77	amended by adding Section 201.1045 to read as follows:
78	78	Sec. 201.1045. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE
79	79	COMMUNICATION. (a) In this section, "remote communication"
80	80	includes teleconferencing, videoconferencing, and any similar
81	81	technology.
82	82	(b) Unless a party files a written objection and except as
83	83	provided by Subsection (d), an associate judge appointed under this
84	84	subchapter may conduct a proceeding or perform a judicial action
85	85	authorized under Section 201.104 from any location in this state
86	86	using remote communication.
87	87	(c) Except as provided by Subsection (d), an associate judge
88	88	appointed under this subchapter may require or authorize a party to
89	89	participate in a proceeding authorized under Section 201.104 using
90	90	a method of remote communication available to the party.
91	91	(d) A respondent is entitled to appear in person at a final
92	92	hearing that may result in a finding of contempt or revocation of
93	93	the respondent's community supervision under Chapter 157. The
94	94	respondent may waive the right to appear in person at the hearing in
95	95	writing or on the record. Unless the respondent waives that right,
96	96	the associate judge must also appear at the hearing in person.
97	97	SECTION 9. Section 231.002(e), Family Code, is amended to
98	98	read as follows:
99	99	(e) The Title IV-D agency may take the following
100	100	administrative actions with respect to the location of a parent,
101	101	the determination of parentage, and the establishment,
102	102	modification, and enforcement of child support, medical support,
103	103	and dental support orders required by 42 U.S.C. Section 666(c),
104	104	without obtaining an order from any other judicial or
105	105	administrative tribunal:
106	106	(1) issue an administrative subpoena, as provided by
107	107	Section 231.303, to obtain financial or other information;
108	108	(2) order genetic testing for parentage
109	109	determination, as provided by Chapter 233;
110	110	(3) order income withholding, as provided by Chapter
111	111	233, and issue an administrative writ of withholding, as provided
112	112	by Chapter 158; [and]
113	113	(4) take any action with respect to execution,
114	114	collection, and release of a judgment or lien for child support
115	115	necessary to satisfy the judgment or lien, as provided by Chapter
116	116	157; and
117	117	(5) adjust the support obligations of an incarcerated
118	118	obligor, as provided by Sections 231.1015, 231.1016, and 231.1017.
119	119	SECTION 10. Subchapter A, Chapter 231, Family Code, is
120	120	amended by adding Section 231.016 to read as follows:
121	121	Sec. 231.016. DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE
122	122	IV-D AGENCY OR TITLE IV-D AGENCY EMPLOYEE. A court may dismiss a
123	123	cause of action asserted in a suit filed against the Title IV-D
124	124	agency or an employee of the Title IV-D agency pertaining to the
125	125	powers or duties of, or services provided by, the Title IV-D agency
126	126	under this subtitle if the court determines the asserted cause of
127	127	action:
128	128	(1) is frivolous or malicious;
129	129	(2) fails to state a claim on which relief may be
130	130	granted; or
131	131	(3) seeks monetary relief from the agency or employee
132	132	for which immunity applies.
133	133	SECTION 11. Section 231.101, Family Code, is amended by
134	134	adding Subsection (f) to read as follows:
135	135	(f) The Title IV-D agency shall distribute a child support
136	136	payment received on behalf of a child placed in substitute care as
137	137	described by Section 264.109 to the appropriate state agency in
138	138	accordance with applicable federal laws or regulations.
139	139	SECTION 12. Subchapter B, Chapter 231, Family Code, is
140	140	amended by adding Sections 231.1015, 231.1016, and 231.1017 to read
141	141	as follows:
142	142	Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT
143	143	OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to
144	144	Subsection (b), on verification by the Title IV-D agency that a
145	145	judgment or order has been rendered for the confinement of a child
146	146	support obligor in a local, state, or federal jail or prison for a
147	147	period of at least 180 consecutive days, the Title IV-D agency shall
148	148	review and administratively adjust the obligor's child support,
149	149	medical support, and dental support order to amounts that are based
150	150	on the application of the child support guidelines under Chapter
151	151	154 to the obligor's net resources during incarceration.
152	152	(b) This section does not apply if the Title IV-D agency
153	153	determines that the obligor is confined:
154	154	(1) due to the obligor's failure to comply with a child
155	155	support order; or
156	156	(2) for an offense constituting an act of family
157	157	violence, as defined by Section 71.004, committed against the
158	158	obligee or a child covered by the child support order.
159	159	(c) If the Title IV-D agency administratively adjusts a
160	160	support obligation under Subsection (a), the agency must:
161	161	(1) provide notice of the administrative adjustment to
162	162	the parties to the support order; and
163	163	(2) file a copy of the notice with the court of
164	164	continuing, exclusive jurisdiction.
165	165	(d) The notice provided under Subsection (c) must state:
166	166	(1) the amount of the obligor's adjusted support
167	167	obligation during incarceration;
168	168	(2) the effective date of the administrative
169	169	adjustment of the support obligation; and
170	170	(3) the style and cause number of the case in which the
171	171	support order was rendered.
172	172	(e) Notwithstanding Subsection (a), the Title IV-D agency
173	173	may seek modification of the support order under Subchapter E,
174	174	Chapter 156, in lieu of administratively adjusting the support
175	175	obligation under this section.
176	176	(f) The administrative adjustment of a support obligation
177	177	under this section may not take effect before the 30th day after the
178	178	date a copy of the notice is filed with the court of continuing,
179	179	exclusive jurisdiction under Subsection (c)(2).
180	180	(g) The administrative adjustment of a support obligation
181	181	under this section does not affect a support obligation due before
182	182	the effective date of the administrative adjustment.
183	183	(h) The Title IV-D agency may adopt rules to implement this
184	184	section.
185	185	Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF
186	186	SUPPORT OBLIGATIONS. (a) Not later than the 30th day after
187	187	receiving notice of an administrative adjustment of a support
188	188	obligation under Section 231.1015, a party to the support order may
189	189	contest the administrative adjustment by requesting that the Title
190	190	IV-D agency review the agency's decision to grant the
191	191	administrative adjustment.
192	192	(b) If a party to the support order does not request the
193	193	Title IV-D agency to review the administrative adjustment within
194	194	the time prescribed by Subsection (a), the Title IV-D agency shall
195	195	file an administrative adjustment order with the court of
196	196	continuing, exclusive jurisdiction. The order must contain a
197	197	signed statement from the Title IV-D agency that neither party to
198	198	the order requested an administrative review within the time
199	199	required by Subsection (a) and state the amount of the obligor's
200	200	adjusted support obligation during incarceration and the effective
201	201	date of the administrative adjustment. The court shall sign the
202	202	order not later than the seventh day after the date the order is
203	203	filed. On expiration of the seventh day after the date the order is
204	204	filed, the order is considered confirmed by the court by operation
205	205	of law, regardless of whether the court has signed the order.
206	206	(c) On request by a party under Subsection (a), the Title
207	207	IV-D agency shall:
208	208	(1) review the administrative adjustment of the
209	209	support obligation to determine whether:
210	210	(A) the exceptions under Section 231.1015(b)
211	211	apply; and
212	212	(B) the administrative adjustment accurately
213	213	reflects the obligor's net resources during incarceration; and
214	214	(2) provide an opportunity for review with the parties
215	215	in person or by telephone, as appropriate.
216	216	(d) After conducting a review under Subsection (c), the
217	217	Title IV-D agency shall:
218	218	(1) affirm the administrative adjustment of the
219	219	support obligation by issuing a notice of determination to the
220	220	parties regarding the agency's decision to affirm the
221	221	administrative adjustment; or
222	222	(2) withdraw the administrative adjustment of the
223	223	support obligation by filing a notice with the court of continuing,
224	224	exclusive jurisdiction withdrawing the administrative adjustment
225	225	and issuing a notice of determination to the parties regarding the
226	226	agency's decision to withdraw the administrative adjustment.
227	227	(e) Not later than the 30th day after a party receives
228	228	notice under Subsection (d)(1), the party may file a motion
229	229	requesting a hearing with the court of continuing, exclusive
230	230	jurisdiction to contest the Title IV-D agency's administrative
231	231	adjustment of the support obligation. The administrative
232	232	adjustment remains in effect until:
233	233	(1) the agency files a notice with the court of
234	234	continuing, exclusive jurisdiction withdrawing the administrative
235	235	adjustment; or
236	236	(2) the court renders an order regarding the
237	237	administrative adjustment.
238	238	(f) If a party to a support order does not file a motion
239	239	requesting a hearing with the court of continuing, exclusive
240	240	jurisdiction within the time prescribed by Subsection (e), the
241	241	Title IV-D agency shall file an administrative adjustment order
242	242	with the court of continuing, exclusive jurisdiction and shall
243	243	attach to the order a copy of the notice of determination issued
244	244	under Subsection (d)(1). The order must state the amount of the
245	245	obligor's adjusted support obligation during incarceration and the
246	246	effective date of the administrative adjustment. The court shall
247	247	sign the order not later than the seventh day after the date the
248	248	order is filed. On expiration of the seventh day after the date the
249	249	order is filed, the order is considered confirmed by the court by
250	250	operation of law, regardless of whether the court has signed the
251	251	order.
252	252	(g) The Title IV-D agency may adopt rules to implement this
253	253	section.
254	254	Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER
255	255	OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the
256	256	release of an obligor whose support obligations were
257	257	administratively adjusted during incarceration under Section
258	258	231.1015, the Title IV-D agency shall review the obligor's support
259	259	order as provided by Section 231.101 to determine if modification
260	260	is necessary and may proceed under Chapter 156 or 233.
261	261	SECTION 13. Section 231.108, Family Code, is amended by
262	262	adding Subsection (h) to read as follows:
263	263	(h) A court may not order the Title IV-D agency to release
264	264	information that is confidential or privileged under this section.
265	265	SECTION 14. The heading to Section 231.117, Family Code, is
266	266	amended to read as follows:
267	267	Sec. 231.117. EMPLOYMENT SERVICES-RELATED REFERRALS FOR
268	268	UNEMPLOYED AND UNDEREMPLOYED OBLIGORS.
269	269	SECTION 15. Section 231.117(a), Family Code, is amended to
270	270	read as follows:
271	271	(a) The Title IV-D agency:
272	272	(1) shall refer to appropriate state and local
273	273	entities that provide employment services any unemployed or
274	274	underemployed obligor who is in arrears in court-ordered child
275	275	support payments; and
276	276	(2) may make the referral described by Subdivision (1)
277	277	for any unemployed or underemployed obligor who is not in arrears.
278	278	SECTION 16. Chapter 233, Family Code, is amended by adding
279	279	Section 233.0155 to read as follows:
280	280	Sec. 233.0155. ISSUANCE AND ENFORCEMENT OF CHILD SUPPORT
281	281	REVIEW ORDER CONTAINING DETERMINATION OF ARREARAGES; TIME
282	282	LIMITATION NOT APPLICABLE. The Title IV-D agency's authority to
283	283	issue and enforce a child support review order containing a
284	284	determination of arrearages is not subject to the time limitation
285	285	prescribed by Section 157.005(b) on the court's jurisdiction to
286	286	confirm the amount of and render cumulative money judgments for
287	287	arrearages.
288	288	SECTION 17. Section 233.018(e), Family Code, is amended to
289	289	read as follows:
290	290	(e) Notwithstanding Subsection (a)(2) or Section
291	291	132.001(d), Civil Practice and Remedies Code, the [mailing] address
292	292	of a party shall be omitted from the child support review order and
293	293	any waiver signed under this section if:
294	294	(1) the court has previously made a finding and
295	295	ordered nondisclosure under Section 105.006(c) relating to the
296	296	parties and the order has not been superseded; or
297	297	(2) the child support review order contains an agreed
298	298	finding and order under Section 105.006(c).
299	299	SECTION 18. Section 233.020(a), Family Code, is amended to
300	300	read as follows:
301	301	(a) A petition for confirmation of a child support review
302	302	order not agreed to by the parties:
303	303	(1) must include the final review order as an
304	304	attachment to the petition; and
305	305	(2) may include a waiver of service executed under
306	306	Section 233.018 [233.018(b)] and an agreement to appear in court
307	307	for a hearing.
308	308	SECTION 19. Section 234.001(d), Family Code, is amended to
309	309	read as follows:
310	310	(d) A certified child support payment record produced by the
311	311	Title IV-D agency or state disbursement unit is admissible as
312	312	evidence of the truth of the information contained in the record and
313	313	does not require further authentication or verification.
314	314	SECTION 20. Subchapter A, Chapter 234, Family Code, is
315	315	amended by adding Sections 234.0015 and 234.013 to read as follows:
316	316	Sec. 234.0015. CHILD SUPPORT PAYMENTS. For purposes of
317	317	services provided by the state disbursement unit under this
318	318	subchapter, a child support payment includes child support, medical
319	319	support, and dental support ordered under Chapter 154.
320	320	Sec. 234.013. APPLICABILITY TO CERTAIN MAINTENANCE
321	321	PAYMENTS. The state disbursement unit shall administer maintenance
322	322	payments ordered under Section 8.062 in the same manner as child
323	323	support payments under this subchapter.
324	324	SECTION 21. Section 552.117(a), Government Code, is amended
325	325	to read as follows:
326	326	(a) Information is excepted from the requirements of
327	327	Section 552.021 if it is information that relates to the home
328	328	address, home telephone number, emergency contact information, or
329	329	social security number of the following person or that reveals
330	330	whether the person has family members:
331	331	(1) a current or former official or employee of a
332	332	governmental body, except as otherwise provided by Section 552.024;
333	333	(2) a current or honorably retired peace officer as
334	334	defined by Article 2.12, Code of Criminal Procedure, or a current or
335	335	honorably retired security officer commissioned under Section
336	336	51.212, Education Code, regardless of whether the officer complies
337	337	with Section 552.024 or 552.1175, as applicable;
338	338	(3) a current or former employee of the Texas
339	339	Department of Criminal Justice or of the predecessor in function of
340	340	the department or any division of the department, regardless of
341	341	whether the current or former employee complies with Section
342	342	552.1175;
343	343	(4) a peace officer as defined by Article 2.12, Code of
344	344	Criminal Procedure, or other law, a reserve law enforcement
345	345	officer, a commissioned deputy game warden, or a corrections
346	346	officer in a municipal, county, or state penal institution in this
347	347	state who was killed in the line of duty, regardless of whether the
348	348	deceased complied with Section 552.024 or 552.1175;
349	349	(5) a commissioned security officer as defined by
350	350	Section 1702.002, Occupations Code, regardless of whether the
351	351	officer complies with Section 552.024 or 552.1175, as applicable;
352	352	(6) an officer or employee of a community supervision
353	353	and corrections department established under Chapter 76 who
354	354	performs a duty described by Section 76.004(b), regardless of
355	355	whether the officer or employee complies with Section 552.024 or
356	356	552.1175;
357	357	(7) a current or former employee of the office of the
358	358	attorney general who is or was assigned to a division of that office
359	359	the duties of which involve law enforcement or are performed under
360	360	Chapter 231, Family Code, regardless of whether the current or
361	361	former employee complies with Section 552.024 or 552.1175;
362	362	(8) a current or former employee of the Texas Juvenile
363	363	Justice Department or of the predecessors in function of the
364	364	department, regardless of whether the current or former employee
365	365	complies with Section 552.024 or 552.1175;
366	366	(9) a current or former juvenile probation or
367	367	supervision officer certified by the Texas Juvenile Justice
368	368	Department, or the predecessors in function of the department,
369	369	under Title 12, Human Resources Code, regardless of whether the
370	370	current or former officer complies with Section 552.024 or
371	371	552.1175;
372	372	(10) a current or former employee of a juvenile
373	373	justice program or facility, as those terms are defined by Section
374	374	261.405, Family Code, regardless of whether the current or former
375	375	employee complies with Section 552.024 or 552.1175;
376	376	(11) a current or former member of the United States
377	377	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
378	378	service of one of those branches of the armed forces, or the Texas
379	379	military forces, as that term is defined by Section 437.001;
380	380	(12) a current or former district attorney, criminal
381	381	district attorney, or county or municipal attorney whose
382	382	jurisdiction includes any criminal law or child protective services
383	383	matters, regardless of whether the current or former attorney
384	384	complies with Section 552.024 or 552.1175;
385	385	(13) a current or former employee of a district
386	386	attorney, criminal district attorney, or county or municipal
387	387	attorney whose jurisdiction includes any criminal law or child
388	388	protective services matters, regardless of whether the current or
389	389	former employee complies with Section 552.024 or 552.1175;
390	390	(14) a current or former employee of the Texas Civil
391	391	Commitment Office or of the predecessor in function of the office or
392	392	a division of the office, regardless of whether the current or
393	393	former employee complies with Section 552.024 or 552.1175;
394	394	(15) a current or former federal judge or state judge,
395	395	as those terms are defined by Section 1.005, Election Code, a
396	396	federal bankruptcy judge, a marshal of the United States Marshals
397	397	Service, a United States attorney, or a family member of a current
398	398	or former federal judge, including a federal bankruptcy judge, a
399	399	marshal of the United States Marshals Service, a United States
400	400	attorney, or a state judge;
401	401	(16) a current or former child protective services
402	402	caseworker, adult protective services caseworker, or investigator
403	403	for the Department of Family and Protective Services, regardless of
404	404	whether the caseworker or investigator complies with Section
405	405	552.024 or 552.1175, or a current or former employee of a department
406	406	contractor performing child protective services caseworker, adult
407	407	protective services caseworker, or investigator functions for the
408	408	contractor on behalf of the department;
409	409	(17) an elected public officer, regardless of whether
410	410	the officer complies with Section 552.024 or 552.1175;
411	411	(18) a current or former United States attorney,
412	412	assistant United States attorney, federal public defender, deputy
413	413	federal public defender, or assistant federal public defender and
414	414	the spouse or child of the current or former attorney or public
415	415	defender, regardless of whether the person complies with Section
416	416	552.024 or 552.1175; or
417	417	(19) a firefighter or volunteer firefighter or
418	418	emergency medical services personnel as defined by Section 773.003,
419	419	Health and Safety Code, regardless of whether the firefighter or
420	420	volunteer firefighter or emergency medical services personnel
421	421	comply with Section 552.024 or 552.1175, as applicable.
422	422	SECTION 22. Section 552.1175(a), Government Code, is
423	423	amended to read as follows:
424	424	(a) This section applies only to:
425	425	(1) current or honorably retired peace officers as
426	426	defined by Article 2.12, Code of Criminal Procedure, or special
427	427	investigators as described by Article 2.122, Code of Criminal
428	428	Procedure;
429	429	(2) current or honorably retired county jailers as
430	430	defined by Section 1701.001, Occupations Code;
431	431	(3) current or former employees of the Texas
432	432	Department of Criminal Justice or of the predecessor in function of
433	433	the department or any division of the department;
434	434	(4) commissioned security officers as defined by
435	435	Section 1702.002, Occupations Code;
436	436	(5) a current or former district attorney, criminal
437	437	district attorney, or county or municipal attorney whose
438	438	jurisdiction includes any criminal law or child protective services
439	439	matters;
440	440	(5-a) a current or former employee of a district
441	441	attorney, criminal district attorney, or county or municipal
442	442	attorney whose jurisdiction includes any criminal law or child
443	443	protective services matters;
444	444	(6) officers and employees of a community supervision
445	445	and corrections department established under Chapter 76 who perform
446	446	a duty described by Section 76.004(b);
447	447	(7) criminal investigators of the United States as
448	448	described by Article 2.122(a), Code of Criminal Procedure;
449	449	(8) current or honorably retired police officers and
450	450	inspectors of the United States Federal Protective Service;
451	451	(9) current and former employees of the office of the
452	452	attorney general who are or were assigned to a division of that
453	453	office the duties of which involve law enforcement or are performed
454	454	under Chapter 231, Family Code;
455	455	(10) current or former juvenile probation and
456	456	detention officers certified by the Texas Juvenile Justice
457	457	Department, or the predecessors in function of the department,
458	458	under Title 12, Human Resources Code;
459	459	(11) current or former employees of a juvenile justice
460	460	program or facility, as those terms are defined by Section 261.405,
461	461	Family Code;
462	462	(12) current or former employees of the Texas Juvenile
463	463	Justice Department or the predecessors in function of the
464	464	department;
465	465	(13) federal judges and state judges as defined by
466	466	Section 1.005, Election Code;
467	467	(14) current or former employees of the Texas Civil
468	468	Commitment Office or of the predecessor in function of the office or
469	469	a division of the office;
470	470	(15) a current or former member of the United States
471	471	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
472	472	service of one of those branches of the armed forces, or the Texas
473	473	military forces, as that term is defined by Section 437.001;
474	474	(16) a current or former child protective services
475	475	caseworker, adult protective services caseworker, or investigator
476	476	for the Department of Family and Protective Services or a current or
477	477	former employee of a department contractor performing child
478	478	protective services caseworker, adult protective services
479	479	caseworker, or investigator functions for the contractor on behalf
480	480	of the department;
481	481	(17) an elected public officer;
482	482	(18) a firefighter or volunteer firefighter or
483	483	emergency medical services personnel as defined by Section 773.003,
484	484	Health and Safety Code; and
485	485	(19) a current or former United States attorney,
486	486	assistant United States attorney, federal public defender, deputy
487	487	federal public defender, or assistant federal public defender.
488	488	SECTION 23. Section 12.0011(d), Property Code, is amended
489	489	to read as follows:
490	490	(d) This section does not apply to a child support lien
491	491	notice or release of child support lien issued by the Title IV-D
492	492	agency under Chapter 157, Family Code. For purposes of this
493	493	subsection, "Title IV-D agency" has the meaning assigned by Section
494	494	101.033, Family Code.
495	495	SECTION 24. Section 240.151, Property Code, is amended by
496	496	amending Subsections (g) and (h) and adding Subsection (i) to read
497	497	as follows:
498	498	(g) A disclaimer by a child support obligor is barred as to
499	499	disclaimed property that could be applied to satisfy the
500	500	disclaimant's child support obligations if those obligations have
501	501	been:
502	502	(1) administratively determined as evidenced by a
503	503	certified child support payment record produced by the Title IV-D
504	504	agency [as defined by Section 101.033, Family Code,] in a Title IV-D
505	505	case [as defined by Section 101.034, Family Code]; or
506	506	(2) confirmed and reduced to judgment as provided by
507	507	Section 157.263, Family Code.
508	508	(h) If Subsection (g) applies, the child support obligee to
509	509	whom child support arrearages are owed or the Title IV-D agency may
510	510	enforce the child support obligation against the disclaimant as to
511	511	disclaimed property by a lien or by any other remedy provided by
512	512	law.
513	513	(i) In this section:
514	514	(1) "Title IV-D agency" has the meaning assigned by
515	515	Section 101.033, Family Code.
516	516	(2) "Title IV-D case" has the meaning assigned by
517	517	Section 101.034, Family Code.
518	518	SECTION 25. Section 25.025(a), Tax Code, is amended to read
519	519	as follows:
520	520	(a) This section applies only to:
521	521	(1) a current or former peace officer as defined by
522	522	Article 2.12, Code of Criminal Procedure, and the spouse or
523	523	surviving spouse of the peace officer;
524	524	(2) the adult child of a current peace officer as
525	525	defined by Article 2.12, Code of Criminal Procedure;
526	526	(3) a current or honorably retired county jailer as
527	527	defined by Section 1701.001, Occupations Code;
528	528	(4) an employee of the Texas Department of Criminal
529	529	Justice;
530	530	(5) a commissioned security officer as defined by
531	531	Section 1702.002, Occupations Code;
532	532	(6) an individual who shows that the individual, the
533	533	individual's child, or another person in the individual's household
534	534	is a victim of family violence as defined by Section 71.004, Family
535	535	Code, by providing:
536	536	(A) a copy of a protective order issued under
537	537	Chapter 85, Family Code, or a magistrate's order for emergency
538	538	protection issued under Article 17.292, Code of Criminal Procedure;
539	539	or
540	540	(B) other independent documentary evidence
541	541	necessary to show that the individual, the individual's child, or
542	542	another person in the individual's household is a victim of family
543	543	violence;
544	544	(7) an individual who shows that the individual, the
545	545	individual's child, or another person in the individual's household
546	546	is a victim of sexual assault or abuse, stalking, or trafficking of
547	547	persons by providing:
548	548	(A) a copy of a protective order issued under
549	549	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
550	550	magistrate's order for emergency protection issued under Article
551	551	17.292, Code of Criminal Procedure; or
552	552	(B) other independent documentary evidence
553	553	necessary to show that the individual, the individual's child, or
554	554	another person in the individual's household is a victim of sexual
555	555	assault or abuse, stalking, or trafficking of persons;
556	556	(8) a participant in the address confidentiality
557	557	program administered by the attorney general under Subchapter B,
558	558	Chapter 58, Code of Criminal Procedure, who provides proof of
559	559	certification under Article 58.059, Code of Criminal Procedure;
560	560	(9) a federal judge, a federal bankruptcy judge, a
561	561	marshal of the United States Marshals Service, a state judge, or a
562	562	family member of a federal judge, a federal bankruptcy judge, a
563	563	marshal of the United States Marshals Service, or a state judge;
564	564	(10) a current or former district attorney, criminal
565	565	district attorney, or county or municipal attorney whose
566	566	jurisdiction includes any criminal law or child protective services
567	567	matters;
568	568	(11) a current or former employee of a district
569	569	attorney, criminal district attorney, or county or municipal
570	570	attorney whose jurisdiction includes any criminal law or child
571	571	protective services matters;
572	572	(12) an officer or employee of a community supervision
573	573	and corrections department established under Chapter 76,
574	574	Government Code, who performs a duty described by Section 76.004(b)
575	575	of that code;
576	576	(13) a criminal investigator of the United States as
577	577	described by Article 2.122(a), Code of Criminal Procedure;
578	578	(14) a current or honorably retired police officer or
579	579	inspector of the United States Federal Protective Service;
580	580	(15) a current or former United States attorney,
581	581	assistant United States attorney, federal public defender, deputy
582	582	federal public defender, or assistant federal public defender and
583	583	the spouse and child of the attorney or public defender;
584	584	(16) a current or former employee of the office of the
585	585	attorney general who is or was assigned to a division of that office
586	586	the duties of which involve law enforcement or are performed under
587	587	Chapter 231, Family Code;
588	588	(17) a medical examiner or person who performs
589	589	forensic analysis or testing who is employed by this state or one or
590	590	more political subdivisions of this state;
591	591	(18) a current or former member of the United States
592	592	armed forces who has served in an area that the president of the
593	593	United States by executive order designates for purposes of 26
594	594	U.S.C. Section 112 as an area in which armed forces of the United
595	595	States are or have engaged in combat;
596	596	(19) a current or former employee of the Texas
597	597	Juvenile Justice Department or of the predecessors in function of
598	598	the department;
599	599	(20) a current or former juvenile probation or
600	600	supervision officer certified by the Texas Juvenile Justice
601	601	Department, or the predecessors in function of the department,
602	602	under Title 12, Human Resources Code;
603	603	(21) a current or former employee of a juvenile
604	604	justice program or facility, as those terms are defined by Section
605	605	261.405, Family Code;
606	606	(22) a current or former employee of the Texas Civil
607	607	Commitment Office or the predecessor in function of the office or a
608	608	division of the office;
609	609	(23) a current or former employee of a federal judge or
610	610	state judge;
611	611	(24) a current or former child protective services
612	612	caseworker, adult protective services caseworker, or investigator
613	613	for the Department of Family and Protective Services or a current or
614	614	former employee of a department contractor performing child
615	615	protective services caseworker, adult protective services
616	616	caseworker, or investigator functions for the contractor on behalf
617	617	of the department;
618	618	(25) an elected public officer; and
619	619	(26) a firefighter or volunteer firefighter or
620	620	emergency medical services personnel as defined by Section 773.003,
621	621	Health and Safety Code.
622	622	SECTION 26. Section 231.117(d), Family Code, is repealed.
623	623	SECTION 27. The change in law made by Section 355.102(e),
624	624	Estates Code, as amended by this Act, applies only to the estate of
625	625	a decedent who dies on or after the effective date of this Act. The
626	626	estate of a decedent who dies before the effective date of this Act
627	627	is governed by the law in effect on the date of the decedent's
628	628	death, and the former law is continued in effect for that purpose.
629	629	SECTION 28. The changes in law made by Section 154.017,
630	630	Family Code, as added by this Act, and Section 231.117, Family Code,
631	631	as amended by this Act, do not constitute a material and substantial
632	632	change of circumstances under Section 156.401, Family Code,
633	633	sufficient to warrant modification of a court order or a portion of
634	634	a decree that provides for the support of a child rendered before
635	635	the effective date of this Act.
636	636	SECTION 29. The changes in law made by Section 157.321,
637	637	Family Code, as amended by this Act, Section 157.322(c), Family
638	638	Code, as added by this Act, and Section 12.0011(d), Property Code,
639	639	as amended by this Act, apply only to a child support lien release
640	640	executed on or after the effective date of this Act. A child
641	641	support lien release executed before the effective date of this Act
642	642	is governed by the law in effect on the date the lien release was
643	643	executed, and the former law is continued in effect for that
644	644	purpose.
645	645	SECTION 30. The change in law made by Section 161.304(c-1),
646	646	Family Code, as added by this Act, applies only to an order
647	647	reinstating parental rights that is rendered on or after the
648	648	effective date of this Act. An order rendered before the effective
649	649	date of this Act is governed by the law in effect on the date the
650	650	order was rendered, and the former law is continued in effect for
651	651	that purpose.
652	652	SECTION 31. The change in law made by Section 201.1045,
653	653	Family Code, as added by this Act, applies to a proceeding conducted
654	654	or judicial action performed on or after the effective date of this
655	655	Act.
656	656	SECTION 32. The change in law made by Section 231.016,
657	657	Family Code, as added by this Act, applies only to a suit filed on or
658	658	after the effective date of this Act.
659	659	SECTION 33. The change in law made by Section 231.101(f),
660	660	Family Code, as added by this Act, applies only to a child support
661	661	payment received by the Title IV-D agency on or after the effective
662	662	date of this Act. A child support payment received by the Title
663	663	IV-D agency before that date is governed by the law in effect on the
664	664	date the payment was received, and the former law is continued in
665	665	effect for that purpose.
666	666	SECTION 34. (a) The changes in law made by Section
667	667	231.002(e), Family Code, as amended by this Act, and Sections
668	668	231.1015, 231.1016, and 231.1017, Family Code, as added by this
669	669	Act, apply to a child support order regardless of whether the order
670	670	was rendered before, on, or after the effective date of this Act.
671	671	(b) The change in law made by this Act described by
672	672	Subsection (a) of this section constitutes a material and
673	673	substantial change of circumstances under Section 156.401, Family
674	674	Code, sufficient to warrant modification of a court order or a
675	675	portion of a decree that provides for the support of a child
676	676	rendered before the effective date of this Act.
677	677	SECTION 35. The change in law made by Section 233.0155,
678	678	Family Code, as added by this Act, applies to a child support review
679	679	order issued by the Title IV-D agency on or after the effective date
680	680	of this Act regardless of whether the original child support order
681	681	was rendered before, on, or after that date.
682	682	SECTION 36. The change in law made by Section 233.018(e),
683	683	Family Code, as amended by this Act, applies only to an agreed child
684	684	support review order filed on or after the effective date of this
685	685	Act. An agreed child support review order filed before that date is
686	686	governed by the law in effect on the date the order was filed, and
687	687	the former law is continued in effect for that purpose.
688	688	SECTION 37. The change in law made by Section 234.001(d),
689	689	Family Code, as amended by this Act, applies only to the
690	690	admissibility of evidence in a proceeding commenced on or after the
691	691	effective date of this Act. The admissibility of evidence in a
692	692	proceeding that commences before the effective date of this Act is
693	693	governed by the law in effect on the date the proceeding commenced,
694	694	and the former law is continued in effect for that purpose.
695	695	SECTION 38. The changes in law made by Section 154.004,
696	696	Family Code, as amended by this Act, and Sections 234.0015 and
697	697	234.013, Family Code, as added by this Act, apply to a child support
698	698	or maintenance payment made on or after the effective date of this
699	699	Act regardless of whether the order for child support or
700	700	maintenance was rendered before, on, or after the effective date of
701	701	this Act.
702	702	SECTION 39. The changes in law made by Sections 552.117(a)
703	703	and 552.1175(a), Government Code, and Section 25.025(a), Tax Code,
704	704	as amended by this Act, apply only to a request for information that
705	705	is received by a governmental body or an officer on or after the
706	706	effective date of this Act. A request for information that was
707	707	received before the effective date of this Act is governed by the
708	708	law in effect on the date the request was received, and the former
709	709	law is continued in effect for that purpose.
710	710	SECTION 40. The change in law made by Section 240.151,
711	711	Property Code, as amended by this Act, applies only to a disclaimer
712	712	made on or after the effective date of this Act. A disclaimer made
713	713	before the effective date of this Act is governed by the law in
714	714	effect at the time the disclaimer was made, and the former law is
715	715	continued in effect for that purpose.
716	716	SECTION 41. This Act takes effect September 1, 2023.
717	717	______________________________ ______________________________
718	718	President of the Senate Speaker of the House
719	719	I hereby certify that S.B. No. 870 passed the Senate on
720	720	April 3, 2023, by the following vote: Yeas 31, Nays 0.
721	721	______________________________
722	722	Secretary of the Senate
723	723	I hereby certify that S.B. No. 870 passed the House on
724	724	May 9, 2023, by the following vote: Yeas 136, Nays 6, two present
725	725	not voting.
726	726	______________________________
727	727	Chief Clerk of the House
728	728	Approved:
729	729	______________________________
730	730	Date
731	731	______________________________
732	732	Governor