Texas 2025 - 89th Regular

Texas House Bill HB4034 Compare Versions

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1	1	By: Dutton H.B. No. 4034
2	2
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5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the collection, modification, and enforcement of child
9	9	support, and to certain procedures for child support cases and
10	10	orders.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 201.1045, Family Code, is amended by
13	13	adding Subsection (e) to read as follows:
14	14	(e) Section 30.012(b), Civil Practice and Remedies Code,
15	15	does not apply to a proceeding conducted using remote communication
16	16	under this section.
17	17	SECTION 2. Section 231.002, Family Code, is amended by
18	18	amending Subsection (j) and adding Subsection (k) to read as
19	19	follows:
20	20	(j) In the establishment, enforcement, or modification of a
21	21	child support order, the Title IV-D agency is not:
22	22	(1) subject to a mediation or arbitration clause or
23	23	requirement in the order to which the Title IV-D agency was not a
24	24	party; or
25	25	(2) liable for any costs associated with mediation or
26	26	arbitration [arising from provisions in the order or another
27	27	agreement of the parties].
28	28	(k) The Title IV-D agency may cease child support
29	29	enforcement services against an obligor for child support
30	30	arrearages if the obligee is confined in a local, state, or federal
31	31	jail or prison for an offense constituting an act of family violence
32	32	committed against a child covered by the child support order.
33	33	SECTION 3. Section 231.016, Family Code, is amended to read
34	34	as follows:
35	35	Sec. 231.016. DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE
36	36	IV-D AGENCY, [OR] TITLE IV-D AGENCY EMPLOYEE, OR CONTRACTED
37	37	ATTORNEY OR POLITICAL SUBDIVISION. A court may dismiss a cause of
38	38	action asserted in a suit filed against the Title IV-D agency, [or]
39	39	an employee of the Title IV-D agency, or an attorney or a political
40	40	subdivision with which the Title IV-D agency has contracted under
41	41	this chapter, pertaining to the powers or duties of, or services
42	42	provided by, the Title IV-D agency under this subtitle if the court
43	43	determines the asserted cause of action:
44	44	(1) is frivolous or malicious;
45	45	(2) fails to state a claim on which relief may be
46	46	granted; or
47	47	(3) seeks monetary relief from the agency or employee
48	48	for which immunity applies.
49	49	SECTION 4. Section 231.1015, Family Code, is amended by
50	50	amending Subsections (a) and (d) and adding Subsection (d-1) to
51	51	read as follows:
52	52	(a) Subject to Subsection (b), on verification by the Title
53	53	IV-D agency that a judgment or order has been rendered for the
54	54	confinement of a child support obligor in a local, state, or federal
55	55	jail or prison for a period of at least 180 consecutive days, the
56	56	Title IV-D agency shall review and may administratively adjust the
57	57	obligor's child support, medical support, and dental support order
58	58	to amounts that are based on the application of the child support
59	59	guidelines under Chapter 154 to the obligor's net resources during
60	60	incarceration.
61	61	(d) The notice provided under Subsection (c) must:
62	62	(1) state:
63	63	(A) [(1)] the amount of the obligor's adjusted
64	64	support obligation during incarceration;
65	65	(B) [(2)] the effective date of the
66	66	administrative adjustment of the support obligation; and
67	67	(C) [(3)] the style and cause number of the case
68	68	in which the support order was rendered;
69	69	(2) be in the form prescribed by the Title IV-D agency;
70	70	and
71	71	(3) be sent to the party's last known residence
72	72	address, mailing address, or e-mail address provided to the Title
73	73	IV-D agency, except that if no updated addresses have been provided
74	74	to the Title IV-D agency, the notice may be sent to the party's
75	75	residence address, mailing address, or e-mail address listed in the
76	76	most recent order on file with the clerk of the court.
77	77	(d-1) A court may consider due process requirements for
78	78	notice and service of process to be met with regard to a party
79	79	affected by an administrative adjustment of a support obligation
80	80	under this section if notice is provided to the party in compliance
81	81	with Subsection (d)(3).
82	82	SECTION 5. Section 231.1016, Family Code, is amended by
83	83	amending Subsections (c) and (e) and adding Subsections (f-1),
84	84	(f-2), (f-3), and (f-4) to read as follows:
85	85	(c) On request by a party under Subsection (a), the Title
86	86	IV-D agency shall:
87	87	(1) review the administrative adjustment of the
88	88	support obligation to determine whether:
89	89	(A) the exceptions under Section 231.1015(b)
90	90	apply; and
91	91	(B) the administrative adjustment accurately
92	92	reflects the obligor's net resources during incarceration; and
93	93	(2) provide an opportunity for review with the
94	94	contesting party [parties] in person, [or] by telephone, or by
95	95	remote communication including teleconferencing,
96	96	videoconferencing, or other similar technology, as determined
97	97	appropriate by the Title IV-D agency.
98	98	(e) Not later than the 30th day after a party receives
99	99	notice under Subsection (d)(1), the party may file a motion
100	100	requesting a hearing with the court of continuing, exclusive
101	101	jurisdiction to contest the Title IV-D agency's administrative
102	102	adjustment of the support obligation. A timely filed request for a
103	103	hearing under this subsection stays the administrative adjustment
104	104	of the support obligation pending the hearing. The court shall hold
105	105	the hearing not later than the 30th day after the date the request
106	106	is filed. At the hearing, the court shall review only the Title
107	107	IV-D determinations described by Section 231.1015(b) in a trial de
108	108	novo [The administrative adjustment remains in effect until:
109	109	[(1) the agency files a notice with the court of
110	110	continuing, exclusive jurisdiction withdrawing the administrative
111	111	adjustment; or
112	112	[(2) the court renders an order regarding the
113	113	administrative adjustment].
114	114	(f-1) The Title IV-D agency may file together with an
115	115	administrative adjustment order under this section an
116	116	investigation report that includes any factual findings supporting
117	117	the administrative adjustment order, including findings supporting
118	118	the Title IV-D agency's compliance with Section 231.1015(d)(3).
119	119	The investigation report must be in the form prescribed by the Title
120	120	IV-D agency and signed by an agent of the Title IV-D agency. Unless
121	121	a party contests the findings of the investigation report under
122	122	Subsection (e), the investigation report conclusively establishes
123	123	the findings.
124	124	(f-2) An administrative adjustment order filed under this
125	125	section must be in the form prescribed by the Title IV-D agency.
126	126	(f-3) Notwithstanding Section 105.006, an administrative
127	127	adjustment order filed under this section may not include the
128	128	social security number, driver's license number, residence
129	129	address, mailing address, home telephone number, name of employer,
130	130	address of employment, or work telephone number of a party if:
131	131	(1) the court has previously made a finding and
132	132	ordered nondisclosure under Section 105.006(c) relating to the
133	133	parties and the order has not been superseded; or
134	134	(2) the Title IV-D agency indicates in an
135	135	investigation report filed under Subsection (f-1) that the Title
136	136	IV-D agency excluded the information of a party from the
137	137	administrative adjustment order based on a family violence
138	138	indicator that the Title IV-D agency placed on the case and recorded
139	139	in the agency's unified enforcement system.
140	140	(f-4) On the filing of an administrative adjustment order,
141	141	the clerk of the court may collect the fees authorized in a Title
142	142	IV-D case by this chapter.
143	143	SECTION 6. Section 231.104(c), Family Code, is amended to
144	144	read as follows:
145	145	(c) Filing a notice of assignment of support rights, a
146	146	notice of change of payee under Section 231.105, a child support
147	147	payment record produced by the Title IV-D agency, or a pleading by
148	148	the Title IV-D agency in a suit under this title is evidence of the
149	149	assignment of support rights to the Title IV-D agency in that cause
150	150	and is admissible as evidence of the truth of the assignment of
151	151	support rights and does not require further authentication or
152	152	verification.
153	153	SECTION 7. Section 231.109, Family Code, is amended by
154	154	adding Subsection (f) to read as follows:
155	155	(f) An attorney employed to provide Title IV-D services may,
156	156	without notice to the parties, represent the Title IV-D agency at a
157	157	court proceeding in an action brought under this title.
158	158	SECTION 8. Section 231.118(d), Family Code, is amended to
159	159	read as follows:
160	160	(d) Notwithstanding Subsection (c) or any other law, a
161	161	return of the process made under this section in a suit may not
162	162	include the address served and the court may consider due process
163	163	requirements for notice and service of process to be met with
164	164	respect to a party if:
165	165	(1) a pleading filed in the suit requests a finding
166	166	under Section 105.006(c); or
167	167	(2) the court has previously made a finding and
168	168	ordered nondisclosure under Section 105.006(c) relating to the
169	169	party [parties] and the order has not been superseded.
170	170	SECTION 9. Section 231.121, Family Code, is amended to read
171	171	as follows:
172	172	Sec. 231.121. AVAILABILITY OF BROCHURES. The Title IV-D
173	173	agency shall ensure that all Title IV-D brochures published by the
174	174	agency are available to the public on the agency's Internet website
175	175	and, on the request of the clerk of a district court, at courthouses
176	176	where family law cases are heard in the county in which that
177	177	district court is located [state].
178	178	SECTION 10. Section 231.302, Family Code, is amended by
179	179	adding Subsection (b-1) to read as follows:
180	180	(b-1) After conducting an investigation and assessment of a
181	181	party's financial resources in a child support action under this
182	182	title, the Title IV-D agency may prepare and submit to the court an
183	183	investigation report indicating the agency's findings regarding
184	184	the party's average monthly gross income based on information
185	185	obtained under Subsection (a). The Title IV-D agency investigation
186	186	report must be signed by the agent who prepared the report. The
187	187	report is admissible as evidence of the truth of the information
188	188	contained in the record and does not require further authentication
189	189	or verification. A respondent may offer evidence controverting
190	190	income information contained in an investigation report submitted
191	191	under this subsection.
192	192	SECTION 11. Section 232.006(b), Family Code, is amended to
193	193	read as follows:
194	194	(b) Notice under this section may be served:
195	195	(1) if the party has been ordered under Chapter 105 to
196	196	provide the court and registry with the party's current mailing
197	197	address or e-mail address, by:
198	198	(A) mailing a copy of the notice to the
199	199	respondent, together with a copy of the petition, by first class
200	200	mail to the last mailing address of the respondent on file with the
201	201	court and the state case registry; or
202	202	(B) electronically mailing a copy of the notice
203	203	to the respondent, together with a copy of the petition, to the last
204	204	known e-mail address of the respondent on file with the court and
205	205	the state case registry; or
206	206	(2) as in civil cases generally.
207	207	SECTION 12. Section 233.006(a), Family Code, is amended to
208	208	read as follows:
209	209	(a) The notice of child support review issued by the Title
210	210	IV-D agency must:
211	211	(1) describe the procedure for a child support review,
212	212	including the procedures for requesting a negotiation conference;
213	213	(2) inform the recipient that the recipient may be
214	214	represented by legal counsel during the review process or at a court
215	215	hearing; and
216	216	(3) inform the recipient that if the recipient refuses
217	217	[may refuse] to participate or ceases [cease] participation in the
218	218	child support review process, [but] that the recipient's lack of
219	219	participation [refusal by the recipient to participate] will not
220	220	prevent the completion of the process or the filing of a child
221	221	support review order.
222	222	SECTION 13. Section 233.007(a), Family Code, is amended to
223	223	read as follows:
224	224	(a) A notice required in an administrative action under this
225	225	chapter may be delivered [by personal service or first class mail]
226	226	on each party entitled to citation or notice under [as provided by]
227	227	Chapter 102 by:
228	228	(1) personal service;
229	229	(2) first class mail; or
230	230	(3) e-mail to an address provided by the party to the
231	231	court or Title IV-D agency.
232	232	SECTION 14. Section 233.0155, Family Code, is amended to
233	233	read as follows:
234	234	Sec. 233.0155. ISSUANCE AND ENFORCEMENT OF CHILD SUPPORT
235	235	REVIEW ORDER CONTAINING DETERMINATION OF ARREARAGES; TIME
236	236	LIMITATION NOT APPLICABLE. The Title IV-D agency's authority to
237	237	issue and enforce a child support review order containing a
238	238	determination of arrearages and judgment is not subject to the time
239	239	limitation prescribed by Section 157.005(b) on the court's
240	240	jurisdiction to confirm the amount of and render cumulative money
241	241	judgments for arrearages.
242	242	SECTION 15. Section 234.012, Family Code, is amended to
243	243	read as follows:
244	244	Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE
245	245	REGISTRY. Unless prohibited by a court in accordance with Section
246	246	105.006(c), the state case registry shall, on request under Section
247	247	231.301 and to the extent permitted by federal law, provide the
248	248	information required under Sections 105.006 and 105.008 in any case
249	249	included in the registry under Section 234.001(b) to:
250	250	(1) any party to the proceeding;
251	251	(2) an amicus attorney;
252	252	(3) an attorney ad litem;
253	253	(4) a friend of the court;
254	254	(5) a guardian ad litem;
255	255	(6) a domestic relations office;
256	256	(7) a prosecuting attorney or juvenile court acting in
257	257	a proceeding under Title 3; or
258	258	(8) a governmental entity or court acting in a
259	259	proceeding under Chapter 262.
260	260	SECTION 16. The changes in law made by Sections 201.1045(e)
261	261	and 231.109(f), Family Code, as added by this Act, apply only to a
262	262	proceeding commenced on or after the effective date of this Act.
263	263	SECTION 17. The changes in law made by Section 231.002(k),
264	264	Family Code, as added by this Act, and Section 233.0155, Family
265	265	Code, as amended by this Act, apply to a child support review order
266	266	regardless of whether the order was rendered before, on, or after
267	267	the effective date of this Act.
268	268	SECTION 18. The change in law made by Section 231.016,
269	269	Family Code, as amended by this Act, applies only to a suit filed on
270	270	or after the effective date of this Act. A suit filed before the
271	271	effective date of this Act is governed by the law in effect on the
272	272	date the suit was filed, and the former law is continued in effect
273	273	for that purpose.
274	274	SECTION 19. The changes in law made by Sections 231.1015 and
275	275	231.1016, Family Code, as amended by this Act, apply only to an
276	276	administrative adjustment of a support obligation for which notice
277	277	is filed by the Title IV-D agency on or after the effective date of
278	278	this Act. An administrative adjustment of a support obligation for
279	279	which notice is filed by the Title IV-D agency before the effective
280	280	date of this Act is governed by the law in effect on the date the
281	281	notice was provided, and the former law is continued in effect for
282	282	that purpose.
283	283	SECTION 20. The changes in law made by Sections 231.118(d),
284	284	232.006(b), 233.006(a), and 233.007(a), Family Code, as amended by
285	285	this Act, apply only to notice provided or a citation served on or
286	286	after the effective date of this Act. Notice provided or a citation
287	287	served before the effective date of this Act is governed by the law
288	288	in effect on the date the notice was provided or citation was
289	289	served, as applicable, and the former law is continued in effect for
290	290	that purpose.
291	291	SECTION 21. The change in law made by Section 231.104(c),
292	292	Family Code, as amended by this Act, applies only to the
293	293	admissibility of evidence in a proceeding commenced on or after the
294	294	effective date of this Act. The admissibility of evidence in a
295	295	proceeding that commences before the effective date of this Act is
296	296	governed by the law in effect on the date the proceeding commenced,
297	297	and the former law is continued in effect for that purpose.
298	298	SECTION 22. Not later than December 1, 2025, the Title IV-D
299	299	agency shall ensure that all Title IV-D brochures published by the
300	300	agency are available on the agency's Internet website as required
301	301	by Section 231.121, Family Code, as amended by this Act.
302	302	SECTION 23. The change in law made by Section 234.012,
303	303	Family Code, as amended by this Act, applies to information
304	304	requested on or after the effective date of this Act.
305	305	SECTION 24. This Act takes effect September 1, 2025.