Bill Text: TX SB1675 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of and certain procedures under the Title IV-D program for child support enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-21 - Placed on General State Calendar [SB1675 Detail]
Download: Texas-2019-SB1675-Comm_Sub.html
Bill Title: Relating to the administration of and certain procedures under the Title IV-D program for child support enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-05-21 - Placed on General State Calendar [SB1675 Detail]
Download: Texas-2019-SB1675-Comm_Sub.html
By: West | S.B. No. 1675 | |
(In the Senate - Filed March 6, 2019; March 14, 2019, read | ||
first time and referred to Committee on State Affairs; | ||
April 4, 2019, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; April 4, 2019, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1675 | By: Nelson |
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relating to the administration of and certain procedures under the | ||
Title IV-D program for child support enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 156.401(b), Family Code, is amended to | ||
read as follows: | ||
(b) Except as provided by Sections 231.1015, 231.1016, and | ||
231.1017, a [ |
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amount of support ordered only as to obligations accruing after the | ||
earlier of: | ||
(1) the date of service of citation; or | ||
(2) an appearance in the suit to modify. | ||
SECTION 2. Section 231.002(e), Family Code, is amended to | ||
read as follows: | ||
(e) The Title IV-D agency may take the following | ||
administrative actions with respect to the location of a parent, | ||
the determination of parentage, and the establishment, | ||
modification, and enforcement of child support, medical support, | ||
and dental support orders required by 42 U.S.C. Section 666(c), | ||
without obtaining an order from any other judicial or | ||
administrative tribunal: | ||
(1) issue an administrative subpoena, as provided by | ||
Section 231.303, to obtain financial or other information; | ||
(2) order genetic testing for parentage | ||
determination, as provided by Chapter 233; | ||
(3) order income withholding, as provided by Chapter | ||
233, and issue an administrative writ of withholding, as provided | ||
by Chapter 158; [ |
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(4) take any action with respect to execution, | ||
collection, and release of a judgment or lien for child support | ||
necessary to satisfy the judgment or lien, as provided by Chapter | ||
157; and | ||
(5) adjust the support obligations of an incarcerated | ||
obligor, as provided by Sections 231.1015, 231.1016, and 231.1017. | ||
SECTION 3. Subchapter B, Chapter 231, Family Code, is | ||
amended by adding Sections 231.1015, 231.1016, and 231.1017 to read | ||
as follows: | ||
Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT | ||
OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to | ||
Subsection (b), on verification by the Title IV-D agency that a | ||
judgment or order has been rendered for the confinement of a child | ||
support obligor in a local, state, or federal jail or prison for a | ||
period of at least 180 consecutive days, the Title IV-D agency shall | ||
review and administratively adjust the obligor's child support, | ||
medical support, and dental support order to amounts that are based | ||
on the application of the child support guidelines under Chapter | ||
154 to the obligor's net resources during incarceration. | ||
(b) This section does not apply if the Title IV-D agency | ||
determines that the obligor is confined: | ||
(1) due to the obligor's failure to comply with a child | ||
support order; or | ||
(2) for an offense constituting an act of family | ||
violence, as defined by Section 71.004, committed against the | ||
obligee or a child covered by the child support order. | ||
(c) If the Title IV-D agency administratively adjusts a | ||
support obligation under Subsection (a), the agency must: | ||
(1) provide notice of the administrative adjustment to | ||
the parties to the support order; and | ||
(2) file a copy of the notice with the court of | ||
continuing, exclusive jurisdiction. | ||
(d) The notice provided under Subsection (c) must state: | ||
(1) the amount of the obligor's adjusted support | ||
obligation during incarceration; | ||
(2) the effective date of the administrative | ||
adjustment of the support obligation; and | ||
(3) the style and cause number of the case in which the | ||
support order was rendered. | ||
(e) Notwithstanding Subsection (a), the Title IV-D agency | ||
may seek modification of the support order under Subchapter E, | ||
Chapter 156, in lieu of administratively adjusting the support | ||
obligation under this section. | ||
(f) The administrative adjustment of a support obligation | ||
under this section does not affect a support obligation due before | ||
the effective date of the administrative adjustment. | ||
(g) The Title IV-D agency may adopt rules to implement this | ||
section. | ||
Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF | ||
SUPPORT OBLIGATIONS. (a) Not later than the 30th day after | ||
receiving notice of an administrative adjustment of a support | ||
obligation under Section 231.1015, a party to the support order may | ||
contest the administrative adjustment by requesting that the Title | ||
IV-D agency review the agency's decision to grant the | ||
administrative adjustment. | ||
(b) If a party to the support order does not request the | ||
Title IV-D agency to review the administrative adjustment within | ||
the time prescribed by Subsection (a), the Title IV-D agency shall | ||
file an administrative adjustment order with the court of | ||
continuing, exclusive jurisdiction. The order must contain a | ||
signed statement from the Title IV-D agency that neither party to | ||
the order requested an administrative review within the time | ||
required by Subsection (a) and state the amount of the obligor's | ||
adjusted support obligation during incarceration and the effective | ||
date of the administrative adjustment. The court shall sign the | ||
order not later than the seventh day after the date the order is | ||
filed. On expiration of the seventh day after the date the order is | ||
filed, the order is considered confirmed by the court by operation | ||
of law, regardless of whether the court has signed the order. | ||
(c) On request by a party under Subsection (a), the Title | ||
IV-D agency shall: | ||
(1) review the administrative adjustment of the | ||
support obligation to determine whether: | ||
(A) the exceptions under Section 231.1015(b) | ||
apply; and | ||
(B) the administrative adjustment accurately | ||
reflects the obligor's net resources during incarceration; and | ||
(2) provide an opportunity for review with the parties | ||
in person or by telephone, as appropriate. | ||
(d) After conducting a review under Subsection (c), the | ||
Title IV-D agency shall: | ||
(1) affirm the administrative adjustment of the | ||
support obligation by issuing a notice of determination to the | ||
parties regarding the agency's decision to affirm the | ||
administrative adjustment; or | ||
(2) withdraw the administrative adjustment of the | ||
support obligation by filing a notice with the court of continuing, | ||
exclusive jurisdiction withdrawing the administrative adjustment | ||
and issuing a notice of determination to the parties regarding the | ||
agency's decision to withdraw the administrative adjustment. | ||
(e) Not later than the 30th day after a party receives | ||
notice under Subsection (d)(1), the party may file a motion | ||
requesting a hearing with the court of continuing, exclusive | ||
jurisdiction to contest the Title IV-D agency's administrative | ||
adjustment of the support obligation. The administrative | ||
adjustment remains in effect until: | ||
(1) the agency files a notice with the court of | ||
continuing, exclusive jurisdiction withdrawing the administrative | ||
adjustment; or | ||
(2) the court renders an order regarding the | ||
administrative adjustment. | ||
(f) If a party to a support order does not file a motion | ||
requesting a hearing with the court of continuing, exclusive | ||
jurisdiction within the time prescribed by Subsection (e), the | ||
Title IV-D agency shall file an administrative adjustment order | ||
with the court of continuing, exclusive jurisdiction and shall | ||
attach to the order a copy of the notice of determination issued | ||
under Subsection (d)(1). The order must state the amount of the | ||
obligor's adjusted support obligation during incarceration and the | ||
effective date of the administrative adjustment. The court shall | ||
sign the order not later than the seventh day after the date the | ||
order is filed. On expiration of the seventh day after the date the | ||
order is filed, the order is considered confirmed by the court by | ||
operation of law, regardless of whether the court has signed the | ||
order. | ||
Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER | ||
OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the | ||
release of an obligor whose support obligations were | ||
administratively adjusted during incarceration under Section | ||
231.1015, the Title IV-D agency shall review the obligor's support | ||
order as provided by Section 231.101 to determine if modification | ||
is necessary and may proceed under Chapter 156 or Chapter 233. | ||
SECTION 4. Sections 231.103(a) and (c), Family Code, are | ||
amended to read as follows: | ||
(a) The Title IV-D agency may: | ||
(1) charge a reasonable application fee; | ||
(2) charge an [ |
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(3) to the extent permitted by federal law, recover | ||
costs for the services provided in a Title IV-D case. | ||
(c) The [ |
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exceed the [ |
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SECTION 5. Section 233.021(c), Family Code, is amended to | ||
read as follows: | ||
(c) The clerk shall deliver by personal service or, if | ||
court-ordered, a method of substituted service, a copy of the | ||
petition for confirmation of a nonagreed review order and a copy of | ||
the order, to each party entitled to service who has not waived | ||
service. | ||
SECTION 6. Section 233.024(a), Family Code, is amended to | ||
read as follows: | ||
(a) On the filing of an agreed child support review order | ||
signed by all parties, together with waiver of service, the court | ||
shall sign the order not later than the seventh [ |
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the filing of the order. On expiration of the seventh [ |
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after the filing of the order, the order is considered confirmed by | ||
the court by operation of law, regardless of whether the court has | ||
signed the order. The court may sign the order before filing the | ||
order, but the signed order shall immediately be filed. | ||
SECTION 7. (a) The changes in law made by Section | ||
231.002(e), Family Code, as amended by this Act, and Sections | ||
231.1015, 231.1016, and 231.1017, Family Code, as added by this | ||
Act, apply to a child support order regardless of whether the order | ||
was rendered before, on, or after the effective date of this Act. | ||
(b) The change in law made by this Act described by | ||
Subsection (a) of this section constitutes a material and | ||
substantial change of circumstances under Section 156.401, Family | ||
Code, sufficient to warrant modification of a court order or a | ||
portion of a decree that provides for the support of a child | ||
rendered before the effective date of this Act. | ||
SECTION 8. The change in law made by this Act to Section | ||
233.021(c), Family Code, applies only to a petition for | ||
confirmation of a nonagreed order filed on or after the effective | ||
date of this Act. A petition filed before the effective date of | ||
this Act is governed by the law in effect on the date the petition | ||
was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 9. The change in law made by this Act to Section | ||
233.024(a), Family Code, applies only to an agreed child support | ||
review order filed on or after the effective date of this Act. An | ||
order filed before the effective date of this Act is governed by the | ||
law in effect on the date the order was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2019. | ||
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