Texas 2025 - 89th Regular

Texas Senate Bill SB1403 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: West S.B. No. 1403
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3		-
	2	+	(In the Senate - Filed February 19, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on Jurisprudence;
	4	+	March 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 0; March 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1403 By: Johnson
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the administration of the Title IV-D agency, the powers
9	14		and duties of the Title IV-D agency regarding the collection,
10	15		modification, and enforcement of child support, and to certain
11	16		procedures for cases and orders relating to the Title IV-D agency.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. Section 201.1045, Family Code, is amended by
14	19		adding Subsection (e) to read as follows:
15	20		(e) Section 30.012(b), Civil Practice and Remedies Code,
16	21		does not apply to a proceeding conducted using remote communication
17	22		under this section.
18	23		SECTION 2. Section 231.002, Family Code, is amended by
19	24		amending Subsection (j) and adding Subsection (k) to read as
20	25		follows:
21	26		(j) In the establishment, enforcement, or modification of a
22	27		child support order, the Title IV-D agency is not:
23	28		(1) subject to a mediation or arbitration clause or
24	29		requirement in the order to which the Title IV-D agency was not a
25	30		party; or
26	31		(2) liable for any costs associated with mediation or
27	32		arbitration [arising from provisions in the order or another
28	33		agreement of the parties].
29	34		(k) The Title IV-D agency may cease child support
30	35		enforcement services against an obligor for child support
31	36		arrearages if the obligee is confined in a local, state, or federal
32	37		jail or prison for an offense constituting an act of family violence
33	38		committed against a child covered by the child support order.
34	39		SECTION 3. Section 231.016, Family Code, is amended to read
35	40		as follows:
36	41		Sec. 231.016. DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE
37	42		IV-D AGENCY, [OR] TITLE IV-D AGENCY EMPLOYEE, OR CONTRACTED
38	43		ATTORNEY OR POLITICAL SUBDIVISION. A court may dismiss a cause of
39	44		action asserted in a suit filed against the Title IV-D agency, [or]
40	45		an employee of the Title IV-D agency, or an attorney or a political
41	46		subdivision with which the Title IV-D agency has contracted under
42	47		this chapter, pertaining to the powers or duties of, or services
43	48		provided by, the Title IV-D agency under this subtitle if the court
44	49		determines the asserted cause of action:
45	50		(1) is frivolous or malicious;
46	51		(2) fails to state a claim on which relief may be
47	52		granted; or
48	53		(3) seeks monetary relief from the agency or employee
49	54		for which immunity applies.
50	55		SECTION 4. Section 231.1015, Family Code, is amended by
51	56		amending Subsections (a) and (d) and adding Subsection (d-1) to
52	57		read as follows:
53	58		(a) Subject to Subsection (b), on verification by the Title
54	59		IV-D agency that a judgment or order has been rendered for the
55	60		confinement of a child support obligor in a local, state, or federal
56	61		jail or prison for a period of at least 180 consecutive days, the
57	62		Title IV-D agency shall review and may administratively adjust the
58	63		obligor's child support, medical support, and dental support order
59	64		to amounts that are based on the application of the child support
60	65		guidelines under Chapter 154 to the obligor's net resources during
61	66		incarceration.
62	67		(d) The notice provided under Subsection (c) must:
63	68		(1) state:
64	69		(A) [(1)] the amount of the obligor's adjusted
65	70		support obligation during incarceration;
66	71		(B) [(2)] the effective date of the
67	72		administrative adjustment of the support obligation; and
68	73		(C) [(3)] the style and cause number of the case
69	74		in which the support order was rendered;
70	75		(2) be in the form prescribed by the Title IV-D agency;
71	76		and
72	77		(3) be sent to the party's last known residence
73	78		address, mailing address, or e-mail address provided to the Title
74	79		IV-D agency, except that if no updated addresses have been provided
75	80		to the Title IV-D agency, the notice may be sent to the party's
76	81		residence address, mailing address, or e-mail address listed in the
77	82		most recent order on file with the clerk of the court.
78	83		(d-1) A court shall consider due process requirements for
79	84		notice and service of process to be met with regard to a party
80	85		affected by an administrative adjustment of a support obligation
81	86		under this section if notice is provided to the party in compliance
82	87		with Subsection (d)(3).
83	88		SECTION 5. Section 231.1016, Family Code, is amended by
84	89		amending Subsections (c) and (e) and adding Subsections (f-1),
85	90		(f-2), (f-3), and (f-4) to read as follows:
86	91		(c) On request by a party under Subsection (a), the Title
87	92		IV-D agency shall:
88	93		(1) review the administrative adjustment of the
89	94		support obligation to determine whether:
90	95		(A) the exceptions under Section 231.1015(b)
91	96		apply; and
92	97		(B) the administrative adjustment accurately
93	98		reflects the obligor's net resources during incarceration; and
94	99		(2) provide an opportunity for review with the
95	100		contesting party [parties] in person, [or] by telephone, or by
96	101		remote communication including teleconferencing,
97	102		videoconferencing, or other similar technology, as determined
98	103		appropriate by the Title IV-D agency.
99	104		(e) Not later than the 30th day after a party receives
100	105		notice under Subsection (d)(1), the party may file a motion
101	106		requesting a hearing with the court of continuing, exclusive
102	107		jurisdiction to contest the Title IV-D agency's administrative
103	108		adjustment of the support obligation. A timely filed request for a
104	109		hearing under this subsection stays the administrative adjustment
105	110		of the support obligation pending the hearing. The court shall hold
106	111		the hearing not later than the 30th day after the date the request
107	112		is filed. At the hearing, the court shall review only the Title
108	113		IV-D agency's determinations described by Section 231.1015(b) in a
109	114		trial de novo [The administrative adjustment remains in effect
110	115		until:
111	116		[(1) the agency files a notice with the court of
112	117		continuing, exclusive jurisdiction withdrawing the administrative
113	118		adjustment; or
114	119		[(2) the court renders an order regarding the
115	120		administrative adjustment].
116	121		(f-1) The Title IV-D agency may file together with an
117	122		administrative adjustment order under this section an
118	123		investigation report that includes any factual findings supporting
119	124		the administrative adjustment order, including findings supporting
120	125		the Title IV-D agency's compliance with Section 231.1015(d)(3).
121	126		The investigation report must be in the form prescribed by the Title
122	127		IV-D agency and signed by an agent of the Title IV-D agency. Unless
123	128		a party contests the findings of the investigation report under
124	129		Subsection (e), the investigation report conclusively establishes
125	130		the findings.
126	131		(f-2) An administrative adjustment order filed under this
127	132		section must be in the form prescribed by the Title IV-D agency.
128	133		(f-3) Notwithstanding Section 105.006, an administrative
129	134		adjustment order filed under this section may not include the
130	135		social security number, driver's license number, residence
131	136		address, mailing address, home telephone number, name of employer,
132	137		address of employment, or work telephone number of a party if:
133	138		(1) the court has previously made a finding and
134	139		ordered nondisclosure under Section 105.006(c) relating to the
135	140		parties and the order has not been superseded; or
136	141		(2) the Title IV-D agency indicates in an
137	142		investigation report filed under Subsection (f-1) that the Title
138	143		IV-D agency excluded the information of a party from the
139	144		administrative adjustment order based on a family violence
140	145		indicator that the Title IV-D agency placed on the case and recorded
141	146		in the agency's unified enforcement system.
142	147		(f-4) On the filing of an administrative adjustment order,
143	148		the clerk of the court may collect the fees authorized in a Title
144	149		IV-D case by this chapter.
145	150		SECTION 6. Section 231.104(c), Family Code, is amended to
146	151		read as follows:
147	152		(c) Filing a notice of assignment of support rights, a
148	153		notice of change of payee under Section 231.105, a child support
149	154		payment record produced by the Title IV-D agency, or a pleading by
150	155		the Title IV-D agency in a suit under this title is evidence of the
151	156		assignment of support rights to the Title IV-D agency in that cause
152	157		and is admissible as evidence of the truth of the assignment of
153	158		support rights and does not require further authentication or
154	159		verification.
155	160		SECTION 7. Section 231.109, Family Code, is amended by
156	161		adding Subsection (f) to read as follows:
157	162		(f) An attorney employed to provide Title IV-D services may,
158	163		without notice to the parties, represent the Title IV-D agency at a
159	164		court proceeding in an action brought under this title.
160	165		SECTION 8. Section 231.118(d), Family Code, is amended to
161	166		read as follows:
162	167		(d) Notwithstanding Subsection (c) or any other law or rule,
163	168		a return of the process made under this section in a suit may not
164	169		include the address served and the court shall consider due process
165	170		requirements for notice and service of process to be met with
166	171		respect to a party if:
167	172		(1) a pleading filed in the suit requests a finding
168	173		under Section 105.006(c); or
169	174		(2) the court has previously made a finding and
170	175		ordered nondisclosure under Section 105.006(c) relating to the
171	176		party [parties] and the order has not been superseded.
172	177		SECTION 9. Section 231.121, Family Code, is amended to read
173	178		as follows:
174	179		Sec. 231.121. AVAILABILITY OF BROCHURES. The Title IV-D
175	180		agency shall ensure that all Title IV-D brochures published by the
176	181		agency are available to the public on the agency's Internet website
177	182		and, on the request of the clerk of a district court, at courthouses
178	183		where family law cases are heard in the county in which that
179	184		district court is located [state].
180	185		SECTION 10. Section 231.302, Family Code, is amended by
181	186		adding Subsection (b-1) to read as follows:
182	187		(b-1) After conducting an investigation and assessment of a
183	188		party's financial resources in a child support action under this
184	189		title, the Title IV-D agency may prepare and submit to the court an
185	190		investigation report indicating the agency's findings regarding
186	191		the party's average monthly gross income based on information
187	192		obtained under Subsection (a). The Title IV-D agency investigation
188	193		report must be signed by the agent who prepared the report. The
189	194		investigation report is admissible as evidence of the truth of the
190	195		information contained in the record and does not require further
191	196		authentication or verification. A respondent may offer evidence
192	197		controverting income information contained in an investigation
193	198		report submitted under this subsection.
194	199		SECTION 11. Section 232.006(b), Family Code, is amended to
195	200		read as follows:
196	201		(b) Notice under this section may be served:
197	202		(1) if the party has been ordered under Chapter 105 to
198	203		provide the court and registry with the party's current mailing
199	204		address or e-mail address, by:
200	205		(A) mailing a copy of the notice to the
201	206		respondent, together with a copy of the petition, by first class
202	207		mail to the last mailing address of the respondent on file with the
203	208		court and the state case registry; or
204	209		(B) electronically mailing a copy of the notice
205	210		to the respondent, together with a copy of the petition, to the last
206	211		known e-mail address of the respondent on file with the court and
207	212		the state case registry; or
208	213		(2) as in civil cases generally.
209	214		SECTION 12. Section 233.006(a), Family Code, is amended to
210	215		read as follows:
211	216		(a) The notice of child support review issued by the Title
212	217		IV-D agency must:
213	218		(1) describe the procedure for a child support review,
214	219		including the procedures for requesting a negotiation conference;
215	220		(2) inform the recipient that the recipient may be
216	221		represented by legal counsel during the review process or at a court
217	222		hearing; and
218	223		(3) inform the recipient that if the recipient refuses
219	224		[may refuse] to participate or ceases [cease] participation in the
220	225		child support review process, [but] that the recipient's lack of
221	226		participation [refusal by the recipient to participate] will not
222	227		prevent the completion of the process or the filing of a child
223	228		support review order.
224	229		SECTION 13. Section 233.007(a), Family Code, is amended to
225	230		read as follows:
226	231		(a) A notice required in an administrative action under this
227	232		chapter may be delivered [by personal service or first class mail]
228	233		on each party entitled to citation or notice under [as provided by]
229	234		Chapter 102 by:
230	235		(1) personal service;
231	236		(2) first class mail; or
232	237		(3) e-mail to an address provided by the party to the
233	238		court or Title IV-D agency.
234	239		SECTION 14. Section 233.0155, Family Code, is amended to
235	240		read as follows:
236	241		Sec. 233.0155. ISSUANCE AND ENFORCEMENT OF CHILD SUPPORT
237	242		REVIEW ORDER CONTAINING DETERMINATION OF ARREARAGES; TIME
238	243		LIMITATION NOT APPLICABLE. The Title IV-D agency's authority to
239	244		issue and enforce a child support review order containing a
240	245		determination of arrearages and judgment is not subject to the time
241	246		limitation prescribed by Section 157.005(b) on the court's
242	247		jurisdiction to confirm the amount of and render cumulative money
243	248		judgments for arrearages.
244	249		SECTION 15. Section 234.012, Family Code, is amended to
245	250		read as follows:
246	251		Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE
247	252		REGISTRY. Unless prohibited by a court in accordance with Section
248	253		105.006(c), the state case registry shall, on request under Section
249	254		231.301 and to the extent permitted by federal law, provide the
250	255		information required under Sections 105.006 and 105.008 in any case
251	256		included in the registry under Section 234.001(b) to:
252	257		(1) any party to the proceeding;
253	258		(2) an amicus attorney;
254	259		(3) an attorney ad litem;
255	260		(4) a friend of the court;
256	261		(5) a guardian ad litem;
257	262		(6) a domestic relations office;
258	263		(7) a prosecuting attorney or juvenile court acting in
259	264		a proceeding under Title 3; or
260	265		(8) a governmental entity or court acting in a
261	266		proceeding under Chapter 262.
262	267		SECTION 16. The changes in law made by Sections 201.1045(e)
263	268		and 231.109(f), Family Code, as added by this Act, apply only to a
264	269		proceeding commenced on or after the effective date of this Act.
265	270		SECTION 17. The change in law made by Section 233.0155,
266	271		Family Code, as amended by this Act, applies to a child support
267	272		review order regardless of whether the order was rendered before,
268	273		on, or after the effective date of this Act.
269	274		SECTION 18. The change in law made by Section 231.016,
270	275		Family Code, as amended by this Act, applies only to a suit filed on
271	276		or after the effective date of this Act. A suit filed before the
272	277		effective date of this Act is governed by the law in effect on the
273	278		date the suit was filed, and the former law is continued in effect
274	279		for that purpose.
275	280		SECTION 19. The changes in law made by Sections 231.1015 and
276	281		231.1016, Family Code, as amended by this Act, apply only to an
277	282		administrative adjustment of a support obligation for which notice
278	283		is filed by the Title IV-D agency on or after the effective date of
279	284		this Act. An administrative adjustment of a support obligation for
280	285		which notice is filed by the Title IV-D agency before the effective
281	286		date of this Act is governed by the law in effect on the date the
282	287		notice was provided, and the former law is continued in effect for
283	288		that purpose.
284	289		SECTION 20. The changes in law made by Sections 231.118(d),
285	290		232.006(b), 233.006(a), and 233.007(a), Family Code, as amended by
286	291		this Act, apply only to notice provided or a citation served on or
287	292		after the effective date of this Act. Notice provided or a citation
288	293		served before the effective date of this Act is governed by the law
289	294		in effect on the date the notice was provided or citation was
290	295		served, as applicable, and the former law is continued in effect for
291	296		that purpose.
292	297		SECTION 21. The change in law made by Section 231.104(c),
293	298		Family Code, as amended by this Act, applies only to the
294	299		admissibility of evidence in a proceeding commenced on or after the
295	300		effective date of this Act. The admissibility of evidence in a
296	301		proceeding that commences before the effective date of this Act is
297	302		governed by the law in effect on the date the proceeding commenced,
298	303		and the former law is continued in effect for that purpose.
299	304		SECTION 22. Not later than December 1, 2025, the Title IV-D
300	305		agency shall ensure that all Title IV-D brochures published by the
301	306		agency are available on the agency's Internet website as required
302	307		by Section 231.121, Family Code, as amended by this Act.
303	308		SECTION 23. The change in law made by Section 234.012,
304	309		Family Code, as amended by this Act, applies to information
305	310		requested on or after the effective date of this Act.
306	311		SECTION 24. This Act takes effect September 1, 2025.
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