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AN ACT
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relating to suits affecting the parent-child relationship, |
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including proceedings for the establishment, modification, and |
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enforcement of child support, parentage, and possession of and |
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access to a child; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 101, Family Code, is amended by adding |
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Section 101.0255 to read as follows: |
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Sec. 101.0255. RECORD. "Record" means information that is: |
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(1) inscribed on a tangible medium or stored in an |
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electronic or other medium; and |
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(2) retrievable in a perceivable form. |
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SECTION 2. Subsection (d), Section 102.009, Family Code, is |
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amended to read as follows: |
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(d) If the petition requests the establishment, |
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termination, modification, or enforcement of a support right |
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assigned to the Title IV-D agency under Chapter 231 or the |
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rescission of a voluntary acknowledgment of paternity under Chapter |
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160, notice shall be given to the Title IV-D agency in a manner |
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provided by Rule 21a, Texas Rules of Civil Procedure. |
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SECTION 3. Subsection (g), Section 105.006, Family Code, is |
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amended to read as follows: |
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(g) The Title IV-D agency shall promulgate and provide forms |
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for a party to use in reporting to the court and[, when established,
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to] the state case registry under Chapter 234 the information |
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required under this section. |
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SECTION 4. Section 108.001, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by this chapter, the clerk of the |
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court shall transmit to the bureau of vital statistics a certified |
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record of the order rendered in a suit, together with the name and |
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all prior names, birth date, and place of birth of the child |
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[prepared by the petitioner] on a form provided by the bureau. The |
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form shall be completed by the petitioner and submitted to the clerk |
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at the time the order is filed for record. |
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(d) In a Title IV-D case, the Title IV-D agency may transmit |
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the record and information specified by Subsection (a) to the |
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bureau of vital statistics, with a copy to the clerk of the court on |
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request by the clerk. The record and information are not required |
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to be certified if transmitted by the Title IV-D agency under this |
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subsection. |
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SECTION 5. Section 108.004, Family Code, is amended to read |
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as follows: |
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Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION. |
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On the loss of jurisdiction of a court under Chapter 155, 159, or |
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262, the clerk of the court shall transmit to the central registry |
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of the bureau of vital statistics a certified record, on a form |
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provided by the bureau, stating that jurisdiction has been lost, |
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the reason for the loss of jurisdiction, and the name and all |
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previous names, date of birth, and place of birth of the child. |
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SECTION 6. Subsection (b), Section 151.001, Family Code, is |
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amended to read as follows: |
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(b) The duty of a parent to support his or her child exists |
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while the child is an unemancipated minor and continues as long as |
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the child is fully enrolled in a [an accredited] secondary school in |
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a program leading toward a high school diploma and complies with |
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attendance requirements described by Section 154.002(a)(2) [until
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the end of the school year in which the child graduates]. |
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SECTION 7. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.015 to read as follows: |
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Sec. 153.015. ELECTRONIC COMMUNICATION WITH CHILD BY |
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CONSERVATOR. (a) In this section, "electronic communication" |
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means any communication facilitated by the use of any wired or |
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wireless technology via the Internet or any other electronic media. |
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The term includes communication facilitated by the use of a |
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telephone, electronic mail, instant messaging, videoconferencing, |
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or webcam. |
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(b) If a conservator of a child requests the court to order |
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periods of electronic communication with the child under this |
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section, the court may award the conservator reasonable periods of |
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electronic communication with the child to supplement the |
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conservator's periods of possession of the child. In determining |
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whether to award electronic communication, the court shall |
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consider: |
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(1) whether electronic communication is in the best |
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interest of the child; |
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(2) whether equipment necessary to facilitate the |
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electronic communication is reasonably available to all parties |
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subject to the order; and |
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(3) any other factor the court considers appropriate. |
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(c) If a court awards a conservator periods of electronic |
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communication with a child under this section, each conservator |
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subject to the court's order shall: |
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(1) provide the other conservator with the e-mail |
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address and other electronic communication access information of |
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the child; |
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(2) notify the other conservator of any change in the |
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e-mail address or other electronic communication access |
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information not later than 24 hours after the date the change takes |
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effect; and |
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(3) if necessary equipment is reasonably available, |
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accommodate electronic communication with the child, with the same |
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privacy, respect, and dignity accorded all other forms of access, |
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at a reasonable time and for a reasonable duration subject to any |
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limitation provided by the court in the court's order. |
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(d) The court may not consider the availability of |
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electronic communication as a factor in determining child support. |
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The availability of electronic communication under this section is |
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not intended as a substitute for physical possession of or access to |
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the child where otherwise appropriate. |
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(e) In a suit in which the court's order contains provisions |
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related to a finding of family violence in the suit, including |
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supervised visitation, the court may award periods of electronic |
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communication under this section only if: |
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(1) the award and terms of the award are mutually |
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agreed to by the parties; and |
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(2) the terms of the award: |
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(A) are printed in the court's order in |
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boldfaced, capitalized type; and |
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(B) include any specific restrictions relating |
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to family violence or supervised visitation, as applicable, |
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required by other law to be included in a possession or access |
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order. |
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SECTION 8. Section 153.3161, Family Code, is amended to |
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read as follows: |
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Sec. 153.3161. [LIMITED] POSSESSION DURING MILITARY |
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DEPLOYMENT. (a) In this section, "military deployment" means |
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military duty ordered for a period of more than six months during |
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which the person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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(b) In addition to the general terms and conditions of |
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possession required by Section 153.316, if a possessory conservator |
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or a joint managing conservator of the child without the exclusive |
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right to designate the primary residence of the child is currently a |
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member of the armed forces of the state or the United States or is |
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reasonably expected to join those forces, the court shall: |
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(1) permit that conservator to designate a person who |
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may exercise [limited] possession of the child on behalf of that |
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conservator during any period that the conservator is deployed |
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under a military deployment [outside of the United States]; and |
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(2) if the conservator elects to designate a person |
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under Subdivision (1), provide in the order for [limited] |
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possession of the child by the designated person under those |
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circumstances, subject to the court's determination that the |
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[limited] possession is in the best interest of the child. |
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(c) [(b)] If the court determines that the [limited] |
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possession is in the best interest of the child, the court shall |
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provide in the order that during periods of military deployment: |
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(1) the designated person has the right to possession |
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of the child for the periods and in the manner in which the deployed |
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conservator would be entitled to exercise possession if not |
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deployed [on the first weekend of each month beginning at 6 p.m. on
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Friday and ending at 6 p.m. on Sunday]; |
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(2) [the other parent shall surrender the child to the
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designated person at the beginning of each period of possession at
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the other parent's residence;
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[(3)
the designated person shall return the child to
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the other parent's residence at the end of each period of
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possession;
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[(4)] the child's other parent and the designated |
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person are subject to the requirements of Section 153.316, with the |
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designated person considered for purposes of that section to be the |
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possessory conservator [Sections 153.316(5)-(9)]; |
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(3) [(5)] the designated person has the rights and |
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duties of a nonparent possessory conservator under Section |
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153.376(a) during the period that the person has possession of the |
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child; and |
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(4) [(6)] the designated person is subject to any |
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provision in a court order restricting or prohibiting access to the |
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child by any specified individual. |
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(d) [(c)] After the military deployment is concluded, and |
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the deployed parent returns to that parent's usual residence, the |
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designated person's right to [limited] possession under this |
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section terminates and the rights of all affected parties are |
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governed by the terms of any court order applicable when a parent is |
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not deployed. |
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SECTION 9. (a) Subsection (a), Section 154.006, Family |
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Code, is amended to read as follows: |
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(a) Unless otherwise agreed in writing or expressly |
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provided in the order or as provided by Subsection (b), the child |
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support order terminates on: |
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(1) the marriage of the child; |
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(2) the removal of the child's disabilities for |
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general purposes; |
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(3) the death of: |
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(A) the child; or |
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(B) a parent ordered to pay child support; [or] |
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(4) a finding by a court that the child: |
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(A) is 18 years of age or older; and |
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(B) has failed to comply with the enrollment or |
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attendance requirements described by Section 154.002(a); or |
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(5) if the child enlists in the armed forces of the |
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United States, the date on which the child begins active service as |
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defined by 10 U.S.C. Section 101. |
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(b) The change in law made by this Act to Subsection (a), |
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Section 154.006, Family Code, applies to an order for child support |
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regardless of whether the order was rendered before, on, or after |
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the effective date of this Act. |
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SECTION 10. Section 154.127, Family Code, is amended to |
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read as follows: |
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Sec. 154.127. PARTIAL TERMINATION OF SUPPORT |
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OBLIGATION. (a) A child support order for more than one child |
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shall provide that, on the termination of support for a child, the |
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level of support for the remaining child or children is in |
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accordance with the child support guidelines. |
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(b) A child support order is in compliance with the |
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requirement imposed by Subsection (a) if the order contains a |
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provision that specifies: |
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(1) the events, including a child reaching the age of |
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18 years or otherwise having the disabilities of minority removed, |
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that have the effect of terminating the obligor's obligation to pay |
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child support for that child; and |
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(2) the reduced total amount that the obligor is |
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required to pay each month after the occurrence of an event |
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described by Subdivision (1). |
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SECTION 11. (a) Section 154.131, Family Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) Notwithstanding any other provision of this subtitle, |
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the court retains jurisdiction to render an order for retroactive |
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child support in a suit if a petition requesting retroactive child |
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support is filed not later than the fourth anniversary of the date |
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of the child's 18th birthday. |
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(b) The change in law made by this Act by the enactment of |
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Subsection (f), Section 154.131, Family Code, applies only to a |
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petition in a suit affecting the parent-child relationship pending |
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in a trial court on or filed on or after the effective date of this |
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Act. |
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SECTION 12. Subsections (a) and (b), Section 154.186, |
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Family Code, are amended to read as follows: |
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(a) The obligee, obligor, or a child support agency of this |
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state or another state may send to the employer a copy of the order |
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requiring an employee to provide health insurance coverage for a |
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child or may include notice of the medical support order in an order |
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or writ of withholding sent to the employer in accordance with |
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Chapter 158. |
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(b) In an appropriate Title IV-D case, the Title IV-D agency |
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of this state or another state shall send to the employer the |
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national medical support notice required under Part D, Title IV of |
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the federal Social Security Act (42 U.S.C. Section 651 et seq.), as |
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amended. The notice may be used in any other suit in which an |
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obligor is ordered to provide health insurance coverage for a |
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child. |
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SECTION 13. Subsection (c), Section 155.301, Family Code, |
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is amended to read as follows: |
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(c) Except as otherwise provided by this subsection, if [If] |
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a transfer of continuing, exclusive jurisdiction is sought under |
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this section, the procedures for determining and effecting a |
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transfer of proceedings provided by this chapter apply. If the |
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parties submit to the court an agreed order for transfer, the court |
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shall sign the order without the need for other pleadings. |
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SECTION 14. Section 156.105, Family Code, is amended to |
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read as follows: |
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Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY |
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DEPLOYMENT. (a) In this section, "military deployment" means |
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military duty ordered for a period of more than six months during |
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which the person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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(b) The military deployment [outside this country] of a |
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person who is a possessory conservator or a joint managing |
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conservator without the exclusive right to designate the primary |
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residence of the child is a material and substantial change of |
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circumstances sufficient to justify a modification of an existing |
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court order or portion of a decree that sets the terms and |
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conditions for the possession of or access to a child. |
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(c) [(b)] If the court determines that modification is in |
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the best interest of the child, the court may modify the order or |
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decree to provide in a manner consistent with Section 153.3161 for |
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[limited] possession of the child during the period of the military |
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deployment by a person designated by the deployed conservator. |
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SECTION 15. Subsection (b), Section 156.401, Family Code, |
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is amended to read as follows: |
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(b) A support order may be modified with regard to the |
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amount of support ordered only as to obligations accruing after the |
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earlier of: |
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(1) the date of service of citation; or |
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(2) an appearance in the suit to modify. |
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SECTION 16. Section 156.409, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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(a-3) to read as follows: |
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(a) The [If the sole managing conservator of a child or the
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joint managing conservator who has the exclusive right to determine
|
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the primary residence of the child has voluntarily relinquished the
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primary care and possession of the child to another person for at
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least six months, the] court shall, on the motion of a party or a |
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[the other] person having physical possession of the child, modify |
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an order providing for the support of the child to provide that the |
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[other] person having physical possession of the child for at least |
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six months shall have the right to receive and give receipt for |
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payments of support for the child and to hold or disburse money for |
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the benefit of the child if the sole managing conservator of the |
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child or the joint managing conservator who has the exclusive right |
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to determine the primary residence of the child has: |
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(1) voluntarily relinquished the primary care and |
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possession of the child; |
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(2) been incarcerated or sentenced to be incarcerated |
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for at least 90 days; or |
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(3) relinquished the primary care and possession of |
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the child in a proceeding under Title 3 or Chapter 262. |
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(a-1) If the court modifies a support order under this |
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section, the court shall order the obligor to pay the person or |
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entity having physical possession of the child any unpaid child |
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support that is not subject to offset or reimbursement under |
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Section 157.008 and that accrues after the date the sole or joint |
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managing conservator: |
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(1) relinquishes possession and control of the child, |
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whether voluntarily or in a proceeding under Title 3 or Chapter 262; |
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or |
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(2) is incarcerated. |
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(a-2) This section does not affect the ability of the court |
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to render a temporary order for the payment of child support that is |
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in the best interest of the child. |
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(a-3) An order under this section that modifies a support |
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order because of the incarceration of the sole or joint managing |
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conservator of a child must provide that on the conservator's |
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release from incarceration the conservator may file an affidavit |
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with the court stating that the conservator has been released from |
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incarceration, that there has not been a modification of the |
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conservatorship of the child during the incarceration, and that the |
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conservator has resumed physical possession of the child. A copy of |
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the affidavit shall be delivered to the obligor and any other party, |
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including the Title IV-D agency if appropriate. On receipt of the |
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affidavit, the court on its own motion shall order the obligor to |
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make support payments to the conservator. |
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SECTION 17. Subsection (a), Section 157.005, Family Code, |
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is amended to read as follows: |
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(a) The court retains jurisdiction to render a contempt |
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order for failure to comply with the child support order if the |
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motion for enforcement is filed not later than the second |
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anniversary of [sixth month after] the date: |
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(1) the child becomes an adult; or |
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(2) on which the child support obligation terminates |
|
under the order or by operation of law. |
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SECTION 18. Subsection (a), Section 157.065, Family Code, |
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is amended to read as follows: |
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(a) If a party has been ordered under Chapter 105 to provide |
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the court and the state case registry with the party's current |
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mailing address, notice of a hearing on a motion for enforcement may |
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be served by mailing a copy of the notice to the respondent, |
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together with a copy of the motion, by first class mail to the last |
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mailing address of the respondent on file with the court and the |
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registry. |
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SECTION 19. Section 157.102, Family Code, is amended to |
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read as follows: |
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Sec. 157.102. CAPIAS OR WARRANT; DUTY OF LAW ENFORCEMENT |
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OFFICIALS. Law enforcement officials shall treat a [the] capias or |
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arrest warrant ordered under this chapter in the same manner as an |
|
arrest warrant for a criminal offense and shall enter the capias or |
|
warrant in the computer records for outstanding warrants maintained |
|
by the local police, sheriff, and Department of Public Safety. The |
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capias or warrant shall be forwarded to and disseminated by the |
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Texas Crime Information Center and the National Crime Information |
|
Center. |
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SECTION 20. Section 157.268, Family Code, is amended to |
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read as follows: |
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Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child |
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support collected shall be applied in the following order of |
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priority: |
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(1) current child support; |
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(2) non-delinquent child support owed; |
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(3) interest on the principal amounts specified in |
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Subdivisions (4) and (5); |
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(4) the principal amount of child support that has not |
|
been confirmed and reduced to money judgment; |
|
(5) the principal amount of child support that has |
|
been confirmed and reduced to money judgment; and |
|
(6) the amount of any ordered attorney's fees or costs, |
|
or Title IV-D service fees authorized under Section 231.103 for |
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which the obligor is responsible. |
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SECTION 21. Subsections (a) and (c), Section 157.105, |
|
Family Code, are amended to read as follows: |
|
(a) If the respondent is taken into custody and not released |
|
on bond, the respondent shall be brought before the court that |
|
issued the capias on or before the third [first] working day after |
|
the arrest. The court shall determine whether the respondent's |
|
appearance in court at a designated time and place can be assured by |
|
a method other than by posting the bond or security previously |
|
established. |
|
(c) If the court is not satisfied that the respondent's |
|
appearance in court can be assured and the respondent remains in |
|
custody, a hearing on the alleged contempt shall be held as soon as |
|
practicable, but not later than the seventh [fifth] day after the |
|
date that the respondent was taken into custody, unless the |
|
respondent and the respondent's attorney waive the accelerated |
|
hearing. |
|
SECTION 22. Section 157.212, Family Code, is amended to |
|
read as follows: |
|
Sec. 157.212. TERM OF COMMUNITY SUPERVISION. The initial |
|
period of community supervision [period] may not exceed 10 years. |
|
The court may continue the community supervision beyond 10 years |
|
until the earlier of: |
|
(1) the second anniversary of the date on which the |
|
community supervision first exceeded 10 years; or |
|
(2) the date on which all child support, including |
|
arrearages and interest, has been paid. |
|
SECTION 23. Subsections (a) and (b), Section 157.216, |
|
Family Code, are amended to read as follows: |
|
(a) The court shall hold a hearing without a jury not later |
|
than [on or before] the third [first] working day after the date the |
|
respondent is arrested under Section 157.215. If the court is |
|
unavailable for a hearing on that date, the hearing shall be held |
|
not later than the third [first] working day after the date the |
|
court becomes available. |
|
(b) The hearing under this section may not be held later |
|
than the seventh [third] working day after the date the respondent |
|
is arrested. |
|
SECTION 24. Subsection (c), Section 157.263, Family Code, |
|
is amended to read as follows: |
|
(c) If the amount of arrearages confirmed by the court |
|
reflects a credit to the obligor for support arrearages collected |
|
from a federal tax refund under 42 U.S.C. Section 664, [as amended,] |
|
and, subsequently, the amount of that credit is reduced because the |
|
refund was adjusted because of an injured spouse claim by a jointly |
|
filing spouse, the tax return was amended, the return was audited by |
|
the Internal Revenue Service, or for another reason permitted by |
|
law [based on a joint return under which another person was entitled
|
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to a share of the refund under 42 U.S.C. Section 664, as amended], |
|
the court shall render a new cumulative judgment to include as |
|
arrearages an amount equal to the amount by which the credit was |
|
reduced. |
|
SECTION 25. Subsection (b), Section 157.264, Family Code, |
|
is amended to read as follows: |
|
(b) The court shall [may] render an order requiring[:
|
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[(1)
that income be withheld from the disposable
|
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earnings of the obligor in an amount sufficient to discharge the
|
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judgment in not more than two years; or
|
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[(2)
if the obligor is not subject to income
|
|
withholding,] that the obligor make periodic payments on the |
|
judgment, including by income withholding under Chapter 158 if the |
|
obligor is subject to income withholding [to the obligee in an
|
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amount sufficient to discharge the judgment within a reasonable
|
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time]. |
|
SECTION 26. Section 157.269, Family Code, is amended to |
|
read as follows: |
|
Sec. 157.269. RETENTION OF JURISDICTION. A court that |
|
renders an order providing for the payment of child support |
|
[arrearages] retains continuing jurisdiction to enforce the order, |
|
including by adjusting the amount of the periodic payments to be |
|
made by the obligor or the amount to be withheld from the obligor's |
|
disposable earnings, until all current support and medical support |
|
and child support arrearages, including interest and any applicable |
|
fees and costs, have been paid. |
|
SECTION 27. Section 157.313, Family Code, is amended by |
|
amending Subsections (a), (c), and (e) and adding Subsection (f) to |
|
read as follows: |
|
(a) Except as provided by Subsection (e), a child support |
|
lien notice must contain: |
|
(1) the name and address of the person to whom the |
|
notice is being sent; |
|
(2) the style, docket or cause number, and identity of |
|
the tribunal of this or another state having continuing |
|
jurisdiction of the child support action and, if the case is a Title |
|
IV-D case, the case number; |
|
(3) the full name, address, and, if known, the birth |
|
date, driver's license number, social security number, and any |
|
aliases of the obligor; |
|
(4) the full name and, if known, social security |
|
number of the obligee; |
|
(5) the amount of the current or prospective child |
|
support obligation, the frequency with which current or prospective |
|
child support is ordered to be paid, and the amount of child support |
|
arrearages owed by the obligor and the date of the signing of the |
|
court order, administrative order, or writ that determined the |
|
arrearages or the date and manner in which the arrearages were |
|
determined; |
|
(6) the rate of interest specified in the court order, |
|
administrative order, or writ or, in the absence of a specified |
|
interest rate, the rate provided for by law; |
|
(7) the name and address of the person or agency |
|
asserting the lien; |
|
(8) the motor vehicle identification number as shown |
|
on the obligor's title if the property is a motor vehicle; |
|
(9) a statement that the lien attaches to all |
|
nonexempt real and personal property of the obligor that is located |
|
or recorded in the state, including any property specifically |
|
identified in the notice and any property acquired after the date of |
|
filing or delivery of the notice; |
|
(10) a statement that any ordered child support not |
|
timely paid in the future constitutes a final judgment for the |
|
amount due and owing, including interest, and accrues up to an |
|
amount that may not exceed the lien amount; and |
|
(11) a statement that the obligor is being provided a |
|
copy of the lien notice and that the obligor may dispute the |
|
arrearage amount by filing suit under Section 157.323. |
|
(c) Except as provided by Subsection (e), the [The] lien |
|
notice must be verified. |
|
(e) A notice of a lien for child support under this section |
|
may be in the form authorized by federal law or regulation. The |
|
federal form of lien notice does not require verification when used |
|
by the Title IV-D agency. |
|
(f) The requirement under Subsections (a)(3) and (4) to |
|
provide a social security number, if known, does not apply to a lien |
|
notice for a lien on real property. |
|
SECTION 28. Subsection (a-1), Section 157.317, Family Code, |
|
is amended to read as follows: |
|
(a-1) A lien attaches to all property owned or acquired on |
|
or after the date the lien notice or abstract of judgment is filed |
|
with the county clerk of the county in which the property is |
|
located, with the court clerk as to property or claims in |
|
litigation, or, as to property of the obligor in the possession or |
|
control of a third party, from the date the lien notice is delivered |
|
to [filed with] that party. |
|
SECTION 29. Subsection (a), Section 157.318, Family Code, |
|
is amended to read as follows: |
|
(a) A lien is effective until all current support and child |
|
support arrearages, including interest, [and] any costs and |
|
reasonable attorney's fees, and any Title IV-D service fees |
|
authorized under Section 231.103 for which the obligor is |
|
responsible, have been paid or the lien is otherwise released as |
|
provided by this subchapter. |
|
SECTION 30. Section 157.324, Family Code, is amended to |
|
read as follows: |
|
Sec. 157.324. LIABILITY FOR FAILURE TO COMPLY WITH ORDER OR |
|
LIEN. A person who knowingly disposes of property subject to a |
|
child support lien or[,] who, after a foreclosure hearing, fails to |
|
surrender on demand nonexempt personal property as directed by a |
|
court [or administrative order] under this subchapter[, or who
|
|
fails to comply with a notice of levy under this subchapter] is |
|
liable to the claimant in an amount equal to the value of the |
|
property disposed of or not surrendered, not to exceed the amount of |
|
the child support arrearages for which the lien[, notice of levy,] |
|
or foreclosure judgment was issued. |
|
SECTION 31. Section 157.327, Family Code, is amended by |
|
amending Subsection (b) and adding Subsection (f) to read as |
|
follows: |
|
(b) The notice under this section must: |
|
(1) identify the amount of child support arrearages |
|
owing at the time the amount of arrearages was determined or, if the |
|
amount is less, the amount of arrearages owing at the time the |
|
notice is prepared and delivered to the financial institution; and |
|
(2) direct the financial institution to pay to the |
|
claimant, not earlier than the 15th day or later than the 21st day |
|
after the date of delivery of the notice, an amount from the assets |
|
of the obligor or from funds due to the obligor that are held or |
|
controlled by the institution, not to exceed the amount of the child |
|
support arrearages identified in the notice, unless: |
|
(A) the institution is notified by the claimant |
|
that the obligor has paid the arrearages or made arrangements |
|
satisfactory to the claimant for the payment of the arrearages; |
|
(B) the obligor or another person files a suit |
|
under Section 157.323 requesting a hearing by the court; or |
|
(C) if the claimant is the Title IV-D agency, the |
|
obligor has requested an agency review under Section 157.328. |
|
(f) A financial institution may deduct the fees and costs |
|
identified in Subsection (c) from the obligor's assets before |
|
paying the appropriate amount to the claimant. |
|
SECTION 32. Section 157.330, Family Code, is amended to |
|
read as follows: |
|
Sec. 157.330. FAILURE TO COMPLY WITH NOTICE OF LEVY. (a) A |
|
person who possesses or has a right to property that is the subject |
|
of a notice of levy delivered to the person and who refuses to |
|
surrender the property or right to property to the claimant on |
|
demand is liable to the claimant in an amount equal to the value of |
|
the property or right to property not surrendered but that does not |
|
exceed the amount of the child support arrearages for which the |
|
notice of levy has been filed. |
|
(b) A claimant may recover costs and reasonable attorney's |
|
fees incurred in an action under this section. |
|
SECTION 33. Subchapter C, Chapter 158, Family Code, is |
|
amended by adding Section 158.214 to read as follows: |
|
Sec. 158.214. WITHHOLDING FROM SEVERANCE PAY. (a) In this |
|
section, "severance pay" means income paid on termination of |
|
employment in addition to the employee's usual earnings from the |
|
employer at the time of termination. |
|
(b) An employer receiving an order or writ of withholding |
|
under this chapter shall withhold from any severance pay owed an |
|
obligor an amount equal to the amount the employer would have |
|
withheld under the order or writ if the severance pay had been paid |
|
as the obligor's usual earnings as a current employee. |
|
(c) The total amount that may be withheld under this section |
|
is subject to the maximum amount allowed to be withheld under |
|
Section 158.009. |
|
SECTION 34. Subchapter C, Chapter 158, Family Code, is |
|
amended by adding Section 158.215 to read as follows: |
|
Sec. 158.215. WITHHOLDING FROM LUMP-SUM PAYMENTS. (a) In |
|
this section, "lump-sum payment" means income in the form of a bonus |
|
or commission or an amount paid in lieu of vacation or other leave |
|
time. The term does not include an employee's usual earnings or an |
|
amount paid as severance pay on termination of employment. |
|
(b) This section applies only to an employer who receives an |
|
administrative writ of withholding in a Title IV-D case that |
|
requires that an obligor's income be withheld for child support |
|
arrearages. |
|
(c) An employer to whom this section applies may not make a |
|
lump-sum payment to the obligor in the amount of $500 or more |
|
without first notifying the Title IV-D agency that issued the writ |
|
to determine whether all or a portion of the payment should be |
|
applied to the child support arrearages. |
|
(d) After notifying the Title IV-D agency in compliance with |
|
Subsection (c), the employer may not make the lump-sum payment |
|
before the earlier of: |
|
(1) the 10th day after the date on which the employer |
|
notified the Title IV-D agency; or |
|
(2) the date on which the employer receives |
|
authorization from the Title IV-D agency to make the payment. |
|
(e) If the employer receives a timely authorization from the |
|
Title IV-D agency under Subsection (d)(2), the employer may make |
|
the payment only in accordance with the terms of that |
|
authorization. |
|
SECTION 35. Subsection (a), Section 158.502, Family Code, |
|
is amended to read as follows: |
|
(a) An administrative writ of withholding under this |
|
subchapter may be issued by the Title IV-D agency at any time until |
|
all current support, including medical support, and child support |
|
arrearages, and Title IV-D service fees authorized under Section |
|
231.103 for which the obligor is responsible, have been paid. The |
|
writ issued under this subsection may be based on an obligation in |
|
more than one support order. |
|
SECTION 36. Section 158.506, Family Code, is amended by |
|
amending Subsection (c) and adding Subsection (d) to read as |
|
follows: |
|
(c) If a review under this section fails to resolve any |
|
issue in dispute, the obligor [is entitled to the remedies provided
|
|
by Section 158.317 for cases in which a notice of an application for
|
|
judicial writ of withholding was not received. The obligor] may |
|
file a motion with the court to withdraw the administrative writ of |
|
withholding and request a hearing with the court not later than the |
|
30th day after receiving notice of the agency's determination. |
|
Income withholding may not be interrupted pending a hearing by the |
|
court. |
|
(d) If an administrative writ of withholding issued under |
|
this subchapter is based on an order of a tribunal of another state |
|
that has not been registered under Chapter 159, the obligor may file |
|
a motion with an appropriate court in accordance with Subsection |
|
(c). |
|
SECTION 37. Section 158.507, Family Code, is amended to |
|
read as follows: |
|
Sec. 158.507. ADMINISTRATIVE WRIT TERMINATING WITHHOLDING. |
|
An administrative writ to terminate withholding may be issued and |
|
delivered to an employer by the Title IV-D agency when all current |
|
support, including medical support, and child support arrearages, |
|
and Title IV-D service fees authorized under Section 231.103 for |
|
which the obligor is responsible, have been paid. |
|
SECTION 38. Subdivision (23), Section 159.102, Family Code, |
|
is amended to read as follows: |
|
(23) "Support order" means a judgment, decree, [or] |
|
order, or directive, whether temporary, final, or subject to |
|
modification, issued by a tribunal for the benefit of a child, a |
|
spouse, or a former spouse that provides for monetary support, |
|
health care, arrearages, or reimbursement and may include related |
|
costs and fees, interest, income withholding, attorney's fees, and |
|
other relief. |
|
SECTION 39. Subdivision (6), Section 160.102, Family Code, |
|
is amended to read as follows: |
|
(6) "Donor" means an individual who provides |
|
[produces] eggs or sperm to a licensed physician to be used for |
|
assisted reproduction, regardless of whether the eggs or sperm are |
|
provided [production is] for consideration. The term does not |
|
include: |
|
(A) a husband who provides sperm or a wife who |
|
provides eggs to be used for assisted reproduction by the wife; [or] |
|
(B) a woman who gives birth to a child by means of |
|
assisted reproduction; or |
|
(C) an unmarried man who, with the intent to be |
|
the father of the resulting child, provides sperm to be used for |
|
assisted reproduction by an unmarried woman, as provided by Section |
|
160.7031. |
|
SECTION 40. Subchapter H, Chapter 160, Family Code, is |
|
amended by adding Section 160.7031 to read as follows: |
|
Sec. 160.7031. UNMARRIED MAN'S PATERNITY OF CHILD OF |
|
ASSISTED REPRODUCTION. (a) If an unmarried man, with the intent |
|
to be the father of a resulting child, provides sperm to a licensed |
|
physician and consents to the use of that sperm for assisted |
|
reproduction by an unmarried woman, he is the father of a resulting |
|
child. |
|
(b) Consent by an unmarried man who intends to be the father |
|
of a resulting child in accordance with this section must be in a |
|
record signed by the man and the unmarried woman and kept by a |
|
licensed physician. |
|
SECTION 41. Subsection (a), Section 160.704, Family Code, |
|
is amended to read as follows: |
|
(a) Consent by a married woman to assisted reproduction must |
|
be in a record signed by the woman and her husband and kept by a |
|
licensed physician. This requirement does not apply to the |
|
donation of eggs by a married woman for assisted reproduction by |
|
another woman. |
|
SECTION 42. Section 160.706, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.706. EFFECT OF DISSOLUTION OF MARRIAGE. (a) If a |
|
marriage is dissolved before the placement of eggs, sperm, or |
|
embryos, the former spouse is not a parent of the resulting child |
|
unless the former spouse consented in a record kept by a licensed |
|
physician that if assisted reproduction were to occur after a |
|
divorce the former spouse would be a parent of the child. |
|
(b) The consent of a former spouse to assisted reproduction |
|
may be withdrawn by that individual in a record kept by a licensed |
|
physician at any time before the placement of eggs, sperm, or |
|
embryos. |
|
SECTION 43. Section 160.707, Family Code, is amended to |
|
read as follows: |
|
Sec. 160.707. PARENTAL STATUS OF DECEASED SPOUSE. If a |
|
spouse dies before the placement of eggs, sperm, or embryos, the |
|
deceased spouse is not a parent of the resulting child unless the |
|
deceased spouse consented in a record kept by a licensed physician |
|
that if assisted reproduction were to occur after death the |
|
deceased spouse would be a parent of the child. |
|
SECTION 44. Section 161.206, Family Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) An order rendered under this section must include a |
|
finding that: |
|
(1) a request for identification of a court of |
|
continuing, exclusive jurisdiction has been made as required by |
|
Section 155.101; and |
|
(2) all parties entitled to notice, including the |
|
Title IV-D agency, have been notified. |
|
SECTION 45. Subsection (b), Section 231.006, Family Code, |
|
is amended to read as follows: |
|
(b) A child support obligor or business entity ineligible to |
|
receive payments under Subsection (a) [or a child support obligor
|
|
ineligible to receive payments under Subsection (a-1)] remains |
|
ineligible until: |
|
(1) all arrearages have been paid; |
|
(2) the obligor is in compliance with a written |
|
repayment agreement or court order as to any existing delinquency; |
|
or |
|
(3) the court of continuing jurisdiction over the |
|
child support order has granted the obligor an exemption from |
|
Subsection (a) as part of a court-supervised effort to improve |
|
earnings and child support payments. |
|
SECTION 46. The heading to Section 231.012, Family Code, is |
|
amended to read as follows: |
|
Sec. 231.012. CHILD SUPPORT [COUNTY ADVISORY] WORK GROUP. |
|
SECTION 47. Subsections (a), (b), and (c), Section 231.012, |
|
Family Code, are amended to read as follows: |
|
(a) The director of the Title IV-D agency may convene [shall
|
|
establish] a [county advisory] work group representing public and |
|
private entities with an interest in child support enforcement in |
|
this state to work with [assist] the director [Title IV-D agency] in |
|
developing strategies to improve [and changing] child support |
|
enforcement in this state [programs that affect counties. The work
|
|
group shall consist of at least one of each of the following:
|
|
[(1) county judge;
|
|
[(2) county commissioner;
|
|
[(3) district clerk;
|
|
[(4) domestic relations officer;
|
|
[(5) associate judge for Title IV-D cases; and
|
|
[(6) district court judge]. |
|
(b) The director of the Title IV-D agency shall appoint the |
|
members of the work group after consulting with appropriate public |
|
and private entities [the relevant professional or trade
|
|
associations of the professions that are represented on the work
|
|
group. The director of the Title IV-D agency shall determine the
|
|
number of members of the work group and shall designate the
|
|
presiding officer of the group]. |
|
(c) The work group shall meet as convened by the director of |
|
the Title IV-D agency and consult with[:
|
|
[(1) advise] the director on matters relating to [of
|
|
the Title IV-D agency of the impact on counties that a proposed] |
|
child support enforcement in this state, including the delivery of |
|
Title IV-D services [program or a change in a program may have;
|
|
[(2)
establish a state-county child support
|
|
improvement plan;
|
|
[(3)
advise the Title IV-D agency on the operation of
|
|
the state disbursement unit;
|
|
[(4)
plan for monetary incentives for county
|
|
partnership programs;
|
|
[(5)
expand the number of agreements with counties for
|
|
enforcement services; and
|
|
[(6)
work with relevant statewide associations on a
|
|
model partnership agreement]. |
|
SECTION 48. Section 231.103, Family Code, is amended by |
|
amending Subsection (f) and adding Subsection (g-1) to read as |
|
follows: |
|
(f) The state disbursement unit established and operated by |
|
the Title IV-D agency under Chapter 234 may collect a monthly |
|
service fee of $3 in each case in which [deducted from] support |
|
payments are processed through the unit [in a case for which the
|
|
Title IV-D agency is not providing services]. |
|
(g-1) A fee authorized under this section for providing |
|
child support enforcement services is part of the child support |
|
obligation if the obligor is responsible for the fee, and may be |
|
enforced against the obligor through any method available for the |
|
enforcement of child support, including contempt. |
|
SECTION 49. Section 231.202, Family Code, is amended to |
|
read as follows: |
|
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D |
|
CASES. In a Title IV-D case filed under this title, including a |
|
case filed under Chapter 159, the Title IV-D agency shall pay: |
|
(1) filing fees and fees for issuance and service of |
|
process as provided by Chapter 110 of this code and by Sections |
|
51.317, 51.318(b)(2), and 51.319(2), Government Code; |
|
(2) fees for transfer as provided by Chapter 110; |
|
(3) fees for the issuance and delivery of orders and |
|
writs of income withholding in the amounts provided by Chapter 110; |
|
(4) the fee that sheriffs and constables are |
|
authorized to charge for serving process under Section 118.131, |
|
Local Government Code, for each item of process to each individual |
|
on whom service is required, including service by certified or |
|
registered mail, to be paid to a sheriff, constable, or clerk |
|
whenever service of process is required; [and] |
|
(5) the fee for filing an administrative writ of |
|
withholding under Section 158.503(d); and |
|
(6) the fee for issuance of a subpoena as provided by |
|
Section 51.318(b)(1), Government Code. |
|
SECTION 50. Subdivisions (1), (2), and (3), Section |
|
232.001, Family Code, are amended to read as follows: |
|
(1) "License" means a license, certificate, |
|
registration, permit, or other authorization that: |
|
(A) is issued by a licensing authority; |
|
(B) is subject before expiration to renewal, |
|
suspension, revocation, forfeiture, or termination by a [the
|
|
issuing] licensing authority; and |
|
(C) a person must obtain to: |
|
(i) practice or engage in a particular |
|
business, occupation, or profession; |
|
(ii) operate a motor vehicle on a public |
|
highway in this state; or |
|
(iii) engage in any other regulated |
|
activity, including hunting, fishing, or other recreational |
|
activity for which a license or permit is required. |
|
(2) "Licensing authority" means a department, |
|
commission, board, office, or other agency of the state or a |
|
political subdivision of the state that issues or renews a license |
|
or that otherwise has authority to suspend or refuse to renew a |
|
license. |
|
(3) "Order suspending license" means an order issued |
|
by the Title IV-D agency or a court directing a licensing authority |
|
to suspend or refuse to renew a license. |
|
SECTION 51. Section 232.002, Family Code, is amended to |
|
read as follows: |
|
Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. |
|
Unless otherwise restricted or exempted, all [The following are] |
|
licensing authorities are subject to this chapter[:
|
|
[(1) Department of Agriculture;
|
|
[(2) Texas Alcoholic Beverage Commission;
|
|
[(3)
Texas Appraiser Licensing and Certification
|
|
Board;
|
|
[(4) Texas Board of Architectural Examiners;
|
|
[(5) Texas Board of Chiropractic Examiners;
|
|
[(6) Comptroller of Public Accounts;
|
|
[(7) Court Reporters Certification Board;
|
|
[(8) State Board of Dental Examiners;
|
|
[(9) Texas State Board of Examiners of Dietitians;
|
|
[(10) Texas Funeral Service Commission;
|
|
[(11) Department of State Health Services;
|
|
[(12) Department of Aging and Disability Services;
|
|
[(13) Texas Board of Professional Land Surveying;
|
|
[(14) Texas Department of Licensing and Regulation;
|
|
[(15)
Texas State Board of Examiners of Marriage and
|
|
Family Therapists;
|
|
[(16) Texas State Board of Medical Examiners;
|
|
[(17) Midwifery Board;
|
|
[(18) Texas Commission on Environmental Quality;
|
|
[(19) Board of Nurse Examiners;
|
|
[(20) Texas Board of Occupational Therapy Examiners;
|
|
[(21) Texas Optometry Board;
|
|
[(22) Parks and Wildlife Department;
|
|
[(23) Texas State Board of Examiners of Perfusionists;
|
|
[(24) Texas State Board of Pharmacy;
|
|
[(25) Texas Board of Physical Therapy Examiners;
|
|
[(26) Texas State Board of Plumbing Examiners;
|
|
[(27)
Texas State Board of Podiatric Medical
|
|
Examiners;
|
|
[(28) Polygraph Examiners Board;
|
|
[(29) Texas Private Security Board;
|
|
[(30)
Texas State Board of Examiners of Professional
|
|
Counselors;
|
|
[(31) Texas Board of Professional Engineers;
|
|
[(32) Department of Family and Protective Services;
|
|
[(33) Texas State Board of Examiners of Psychologists;
|
|
[(34) Texas State Board of Public Accountancy;
|
|
[(35)
Department of Public Safety of the State of
|
|
Texas;
|
|
[(36) Public Utility Commission of Texas;
|
|
[(37) Railroad Commission of Texas;
|
|
[(38) Texas Real Estate Commission;
|
|
[(39) State Bar of Texas;
|
|
[(40) Texas State Board of Social Worker Examiners;
|
|
[(41)
State Board of Examiners for Speech-Language
|
|
Pathology and Audiology;
|
|
[(42) Texas Structural Pest Control Board;
|
|
[(43) Board of Tax Professional Examiners;
|
|
[(44) Secretary of State;
|
|
[(45) Supreme Court of Texas;
|
|
[(46) Texas Transportation Commission;
|
|
[(47) State Board of Veterinary Medical Examiners;
|
|
[(48) Texas Ethics Commission;
|
|
[(49) Advisory Board of Athletic Trainers;
|
|
[(50)
State Committee of Examiners in the Fitting and
|
|
Dispensing of Hearing Instruments;
|
|
[(51)
Texas Board of Licensure for Professional
|
|
Medical Physicists;
|
|
[(52) Texas Department of Insurance;
|
|
[(53) Texas Board of Orthotics and Prosthetics;
|
|
[(54) savings and loan commissioner;
|
|
[(55) Texas Juvenile Probation Commission; and
|
|
[(56)
Texas Lottery Commission under Chapter 466,
|
|
Government Code]. |
|
SECTION 52. Chapter 232, Family Code, is amended by adding |
|
Section 232.0022 to read as follows: |
|
Sec. 232.0022. SUSPENSION OR NONRENEWAL OF MOTOR VEHICLE |
|
REGISTRATION. (a) The Texas Department of Transportation is the |
|
appropriate licensing authority for suspension or nonrenewal of a |
|
motor vehicle registration under this chapter. |
|
(b) The suspension or nonrenewal of a motor vehicle |
|
registration under this chapter does not: |
|
(1) encumber the title to the motor vehicle or |
|
otherwise affect the transfer of the title to the vehicle; or |
|
(2) affect the sale, purchase, or registration of the |
|
motor vehicle by a person who holds a general distinguishing number |
|
issued under Chapter 503, Transportation Code. |
|
SECTION 53. Subsection (a), Section 232.004, Family Code, |
|
is amended to read as follows: |
|
(a) A child support agency or obligee may file a petition to |
|
suspend, as provided by this chapter, a license of an obligor who |
|
has an arrearage equal to or greater than the total support due for |
|
three months [90 days] under a support order. |
|
SECTION 54. Subsections (b) and (c), Section 232.006, |
|
Family Code, are amended to read as follows: |
|
(b) Notice under this section may be served: |
|
(1) if the party has been ordered under Chapter 105 to |
|
provide the court and registry with the party's current mailing |
|
address, by mailing a copy of the notice to the respondent, together |
|
with a copy of the petition, by first class mail to the last mailing |
|
address of the respondent on file with the court and the state case |
|
registry; or |
|
(2) as in civil cases generally. |
|
(c) The notice must contain the following prominently |
|
displayed statement in boldfaced type, capital letters, or |
|
underlined: |
|
"AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS |
|
BEEN FILED AS PROVIDED BY CHAPTER 232, TEXAS FAMILY CODE. YOU MAY |
|
EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR YOUR |
|
ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER THE DATE |
|
OF SERVICE OF THIS NOTICE, AN ORDER SUSPENDING YOUR [OF] LICENSE |
|
[SUSPENSION] MAY BE RENDERED." |
|
SECTION 55. Chapter 232, Family Code, is amended by adding |
|
Section 232.0135 to read as follows: |
|
Sec. 232.0135. DENIAL OF LICENSE RENEWAL. (a) A child |
|
support agency, as defined by Section 101.004, may provide notice |
|
to a licensing authority concerning an obligor who has failed to pay |
|
child support for six months or more that requests the authority to |
|
refuse to accept an application for renewal of the license of the |
|
obligor. |
|
(b) A licensing authority that receives the information |
|
described by Subsection (a) shall refuse to accept an application |
|
for renewal of the license of the obligor until the authority is |
|
notified by the child support agency that the obligor has: |
|
(1) paid all child support arrearages; |
|
(2) established with the agency a satisfactory |
|
repayment schedule or is in compliance with a court order for |
|
payment of the arrearages; |
|
(3) been granted an exemption from this subsection as |
|
part of a court-supervised plan to improve the obligor's earnings |
|
and child support payments; or |
|
(4) successfully contested the denial of renewal of |
|
license under Subsection (d). |
|
(c) On providing a licensing authority with the notice |
|
described by Subsection (a), the child support agency shall send a |
|
copy to the obligor by first class mail and inform the obligor of |
|
the steps the obligor must take to permit the authority to accept |
|
the obligor's application for license renewal. |
|
(d) An obligor receiving notice under Subsection (c) may |
|
request a review by the child support agency to resolve any issue in |
|
dispute regarding the identity of the obligor or the existence or |
|
amount of child support arrearages. The agency shall promptly |
|
provide an opportunity for a review, either by telephone or in |
|
person, as appropriate to the circumstances. After the review, if |
|
appropriate, the agency may notify the licensing authority that it |
|
may accept the obligor's application for renewal of license. If the |
|
agency and the obligor fail to resolve any issue in dispute, the |
|
obligor, not later than the 30th day after the date of receiving |
|
notice of the agency's determination from the review, may file a |
|
motion with the court to direct the agency to withdraw the notice |
|
under Subsection (a) and request a hearing on the motion. The |
|
obligor's application for license renewal may not be accepted by |
|
the licensing authority until the court rules on the motion. If, |
|
after a review by the agency or a hearing by the court, the agency |
|
withdraws the notice under Subsection (a), the agency shall |
|
reimburse the obligor the amount of any fee charged the obligor |
|
under Section 232.014. |
|
(e) If an obligor enters into a repayment agreement with the |
|
child support agency under this section, the agency may incorporate |
|
the agreement in an order to be filed with and confirmed by the |
|
court in the manner provided for agreed orders under Chapter 233. |
|
(f) In this section, "licensing authority" does not include |
|
the State Securities Board. |
|
SECTION 56. Section 232.014, Family Code, is amended to |
|
read as follows: |
|
Sec. 232.014. FEE BY LICENSING AUTHORITY. (a) A licensing |
|
authority may charge a fee to an individual who is the subject of an |
|
order suspending license or of an action of a child support agency |
|
under Section 232.0135 to deny renewal of license in an amount |
|
sufficient to recover the administrative costs incurred by the |
|
authority under this chapter. |
|
(b) A fee collected by the Texas Department of |
|
Transportation or the Department of Public Safety shall be |
|
deposited to the credit of the state highway fund. |
|
SECTION 57. Section 233.019, Family Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) A child support order issued by a tribunal of another |
|
state and filed with an agreed review order as an exhibit to the |
|
agreed review order shall be treated as a confirmed order without |
|
the necessity of registration under Subchapter G, Chapter 159. |
|
SECTION 58. Subsection (c), Section 234.001, Family Code, |
|
is amended to read as follows: |
|
(c) The state disbursement unit shall: |
|
(1) receive, maintain, and furnish records of child |
|
support payments in Title IV-D cases and other cases as authorized |
|
by law; |
|
(2) forward child support payments as authorized by |
|
law; |
|
(3) maintain records of child support payments |
|
[payment records] made through the state disbursement unit; and |
|
(4) make available to a local registry each day in a |
|
manner determined by the Title IV-D agency [with the assistance of
|
|
the work group established under Section 234.003] the following |
|
information: |
|
(A) the cause number of the suit under which |
|
withholding is required; |
|
(B) the payor's name and social security number; |
|
(C) the payee's name and, if available, social |
|
security number; |
|
(D) the date the disbursement unit received the |
|
payment; |
|
(E) the amount of the payment; and |
|
(F) the instrument identification information. |
|
SECTION 59. Section 234.006, Family Code, is amended to |
|
read as follows: |
|
Sec. 234.006. RULEMAKING [EFFECTIVE DATE AND PROCEDURES]. |
|
The Title IV-D agency[, in cooperation with the work group
|
|
established under Section 234.003,] may adopt rules in compliance |
|
with federal law for the operation of the state case registry and |
|
the state disbursement unit. |
|
SECTION 60. Subsection (a), Section 234.008, Family Code, |
|
is amended to read as follows: |
|
(a) Not [Except as provided by Subsection (c) or (d), not] |
|
later than the second business day after the date the state |
|
disbursement unit receives a child support payment, the state |
|
disbursement unit shall distribute the payment to the Title IV-D |
|
agency or the obligee. |
|
SECTION 61. Subchapter A, Chapter 234, Family Code, is |
|
amended by adding Section 234.012 to read as follows: |
|
Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE |
|
REGISTRY. Unless prohibited by a court in accordance with Section |
|
105.006(c), the state case registry shall, on request and to the |
|
extent permitted by federal law, provide the information required |
|
under Sections 105.006 and 105.008 in any case included in the |
|
registry under Section 234.001(b) to: |
|
(1) any party to the proceeding; |
|
(2) an amicus attorney; |
|
(3) an attorney ad litem; |
|
(4) a friend of the court; |
|
(5) a guardian ad litem; |
|
(6) a domestic relations office; |
|
(7) a prosecuting attorney or juvenile court acting in |
|
a proceeding under Title 3; or |
|
(8) a governmental entity or court acting in a |
|
proceeding under Chapter 262. |
|
SECTION 62. Subchapter B, Chapter 234, Family Code, is |
|
amended by adding Section 234.105 to read as follows: |
|
Sec. 234.105. CIVIL PENALTY. (a) In addition to any other |
|
remedy provided by law, an employer who knowingly violates a |
|
procedure adopted under Section 234.104 for reporting employee |
|
information may be liable for a civil penalty as permitted by |
|
Section 453A(d) of the federal Social Security Act (42 U.S.C. |
|
Section 653a). |
|
(b) The amount of the civil penalty may not exceed: |
|
(1) $25 for each occurrence in which an employer fails |
|
to report an employee; or |
|
(2) $500 for each occurrence in which the conduct |
|
described by Subdivision (1) is the result of a conspiracy between |
|
the employer and an employee to not supply a required report or to |
|
submit a false or incomplete report. |
|
(c) The attorney general may sue to collect the civil |
|
penalty. A penalty collected under this section shall be deposited |
|
in a special fund in the state treasury. |
|
SECTION 63. Subsections (a) and (d), Section 207.093, Labor |
|
Code, are amended to read as follows: |
|
(a) The commission shall withhold from the benefits payable |
|
to an individual that owes a child support obligation an amount |
|
equal to: |
|
(1) any amount required to be withheld under legal |
|
process properly served on the commission; |
|
(2) if Subdivision (1) does not apply, the amount |
|
determined under an agreement submitted to the commission under |
|
Section 454(19)(B)(i) [454(20)(B)(i)] of the Social Security Act |
|
(42 U.S.C. Section 654) by the state or local child support |
|
enforcement agency; or |
|
(3) if neither Subdivision (1) or (2) applies, the |
|
amount the individual specifies to the commission to be withheld. |
|
(d) In this section, "legal process" has the meaning |
|
assigned by Section 459(i)(5) [462(e)] of the Social Security Act |
|
(42 U.S.C. Section 659 [662]). |
|
SECTION 64. Subdivision (9), Section 501.002, |
|
Transportation Code, is amended to read as follows: |
|
(9) "Lien" means: |
|
(A) a lien provided for by the constitution or |
|
statute in a motor vehicle; [or] |
|
(B) a security interest, as defined by Section |
|
1.201, Business & Commerce Code, in a motor vehicle, other than an |
|
absolute title, created by any written security agreement, as |
|
defined by Section 9.102, Business & Commerce Code, including a |
|
lease, conditional sales contract, deed of trust, chattel mortgage, |
|
trust receipt, or reservation of title; or |
|
(C) a child support lien under Chapter 157, |
|
Family Code. |
|
SECTION 65. The following provisions of the Family Code are |
|
repealed: |
|
(1) Subsection (a-1), Section 231.006; |
|
(2) Section 231.011; |
|
(3) Subsection (d), Section 231.103; |
|
(4) Section 231.310; |
|
(5) Subsections (c), (d), and (e), Section 234.008; |
|
and |
|
(6) Chapter 235. |
|
SECTION 66. (a) The change in law made by this Act relating |
|
to a court order establishing paternity or the obligation to pay |
|
child support applies only to a suit affecting the parent-child |
|
relationship filed on or after the effective date of this Act. A |
|
suit affecting the parent-child relationship filed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the suit was filed, and the former law is continued in effect |
|
for that purpose. |
|
(b) The change in law made by this Act relating to the |
|
modification or enforcement of a child support order rendered |
|
before the effective date of this Act applies only to a proceeding |
|
for modification or enforcement that is commenced on or after the |
|
effective date of this Act. A proceeding for modification or |
|
enforcement that is commenced before the effective date of this Act |
|
is governed by the law in effect on the date the proceeding was |
|
commenced, and the former law is continued in effect for that |
|
purpose. |
|
(c) The change in law made by this Act by the enactment of |
|
Section 234.105, Family Code, applies only to a violation that |
|
occurs on or after the effective date of this Act. A violation that |
|
occurs before that date is governed by the law in effect on the date |
|
the violation occurred, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 67. (a) Subsection (f), Section 157.327, Family |
|
Code, as added by this Act, applies only to a financial institution |
|
that receives a notice of levy under that section on or after the |
|
effective date of this Act. A financial institution that receives a |
|
notice of levy under that section before the effective date of this |
|
Act is governed by the law in effect on the date the notice of levy |
|
is received, and the former law is continued in effect for that |
|
purpose. |
|
(b) The changes in law made by this Act to Section 158.506, |
|
Family Code, apply only to an administrative writ of withholding |
|
issued on or after the effective date of this Act. An |
|
administrative writ of withholding issued before the effective date |
|
of this Act is governed by the law in effect at the time the |
|
administrative writ is issued, and the former law is continued in |
|
effect for that purpose. |
|
(c) The changes in law made by this Act to Section 231.103, |
|
Family Code, apply only to fees that are incurred on or after the |
|
date that the rules adopted in accordance with that section take |
|
effect. |
|
SECTION 68. Section 153.3161, Family Code, as amended by |
|
this Act, applies only to a suit affecting the parent-child |
|
relationship pending in a trial court on or filed on or after the |
|
effective date of this Act. |
|
SECTION 69. Section 156.105, Family Code, as amended by |
|
this Act, applies only to an action to modify an order in a suit |
|
affecting the parent-child relationship pending in a trial court on |
|
or filed on or after the effective date of this Act. |
|
SECTION 70. The change in law made by this Act to Chapter |
|
160, Family Code, applies to a motion or other request for relief |
|
made in a parentage or paternity proceeding that is commenced on or |
|
after the effective date of this Act. A motion or other request for |
|
relief made in a parentage or paternity proceeding commenced before |
|
the effective date of this Act is governed by the law in effect at |
|
the time the proceeding was commenced, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 71. In the event another Act of the 80th |
|
Legislature, Regular Session, 2007, includes a provision adopting |
|
Section 153.015, Family Code, relating to electronic |
|
communications between a parent and a child, and that provision is |
|
not identical to Section 153.015, Family Code, as provided in this |
|
Act, the provision in this Act shall prevail and any such provision |
|
in any other Act that is not identical to the provision in this Act |
|
shall not become effective. |
|
SECTION 72. This Act takes effect September 1, 2007. |
|
|
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 228 passed the Senate on |
|
March 14, 2007, by the following vote: Yeas 30, Nays 0; |
|
May 25, 2007, Senate refused to concur in House amendments and |
|
requested appointment of Conference Committee; May 26, 2007, House |
|
granted request of the Senate; May 27, 2007, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 30, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 228 passed the House, with |
|
amendments, on May 23, 2007, by the following vote: Yeas 143, |
|
Nays 0, one present not voting; May 26, 2007, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 27, 2007, House adopted Conference Committee Report by the |
|
following vote: Yeas 143, Nays 0, two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |