Bill Text: TX HB1674 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures for establishment, modification, and enforcement of child support obligations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1674 Detail]
Download: Texas-2011-HB1674-Comm_Sub.html
Bill Title: Relating to procedures for establishment, modification, and enforcement of child support obligations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1674 Detail]
Download: Texas-2011-HB1674-Comm_Sub.html
By: Jackson (Senate Sponsor - Harris) | H.B. No. 1674 | |
(In the Senate - Received from the House March 31, 2011; | ||
April 7, 2011, read first time and referred to Committee on | ||
Jurisprudence; April 28, 2011, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 5, Nays 0; | ||
April 28, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1674 | By: Harris |
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relating to procedures for establishment, modification, and | ||
enforcement of child support obligations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 154.187(c), Family Code, is amended to | ||
read as follows: | ||
(c) An employer who has received an order or notice under | ||
this subchapter shall provide to the sender, by first class mail not | ||
later than the 40th [ |
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the order or notice, a statement that the child: | ||
(1) has been enrolled in the employer's health | ||
insurance plan or is already enrolled in another health insurance | ||
plan in accordance with a previous child support or medical support | ||
order to which the employee is subject; or | ||
(2) cannot be enrolled or cannot be enrolled | ||
permanently in the employer's health insurance plan and provide the | ||
reason why coverage or permanent coverage cannot be provided. | ||
SECTION 2. Section 154.303(b), Family Code, is amended to | ||
read as follows: | ||
(b) The parent, the child, if the child is 18 years of age or | ||
older, or other person may not transfer or assign the cause of | ||
action to any person, including a governmental or private entity or | ||
agency, except for an assignment made to the Title IV-D agency under | ||
Section 231.104 or in the provision of child support enforcement | ||
services under Section 159.307. | ||
SECTION 3. Section 156.401, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-2) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-1), (a-2), or (b), | ||
the court may modify an order that provides for the support of a | ||
child, including an order for health care coverage under Section | ||
154.182, if: | ||
(1) the circumstances of the child or a person | ||
affected by the order have materially and substantially changed | ||
since the earlier of: | ||
(A) the date of the order's rendition; or | ||
(B) the date of the signing of a mediated or | ||
collaborative law settlement agreement on which the order is based; | ||
or | ||
(2) it has been three years since the order was | ||
rendered or last modified and the monthly amount of the child | ||
support award under the order differs by either 20 percent or $100 | ||
from the amount that would be awarded in accordance with the child | ||
support guidelines. | ||
(a-2) A court or administrative order for child support in a | ||
Title IV-D case may be modified as provided under Section | ||
233.013(c) to provide for medical support of a child. | ||
SECTION 4. Section 157.162, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) The movant may attach to the motion a [ |
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payment record. The movant may subsequently update that payment | ||
record at the hearing. If a payment record was attached to the | ||
motion as authorized by this subsection, the payment record, as | ||
updated if applicable, [ |
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(1) the dates and in what amounts payments were made; | ||
(2) the amount of any accrued interest; | ||
(3) the cumulative arrearage over time; and | ||
(4) the cumulative arrearage as of the final date of | ||
the record. | ||
(c-1) A [ |
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may offer [ |
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payment record under Subsection (c). | ||
SECTION 5. Sections 157.311(1) and (4), Family Code, are | ||
amended to read as follows: | ||
(1) "Account" means: | ||
(A) any type of a demand deposit account, | ||
checking or negotiable withdrawal order account, savings account, | ||
time deposit account, [ |
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certificate of deposit, or any other instrument of deposit in which | ||
an individual has a beneficial ownership either in its entirety or | ||
on a shared or multiple party basis, including any accrued interest | ||
and dividends; and | ||
(B) an [ |
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life insurance policy or annuity contract, in which an individual | ||
has a beneficial ownership or [ |
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an individual may file [ |
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(4) "Financial institution" has the meaning assigned | ||
by 42 U.S.C. Section 669a(d)(1) and includes a depository | ||
institution, depository institution holding company as defined by | ||
12 U.S.C. Section 1813(w), credit union, benefit association, | ||
[ |
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and any similar entity authorized to do business in this state. | ||
SECTION 6. Section 157.317(a), Family Code, is amended to | ||
read as follows: | ||
(a) A child support lien attaches to all real and personal | ||
property not exempt under the Texas Constitution or other law, | ||
including: | ||
(1) an account in a financial institution; | ||
(2) a retirement plan, including an individual | ||
retirement account; [ |
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(3) the proceeds of an [ |
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including the proceeds from a life insurance policy or annuity | ||
contract and the proceeds from the sale or assignment of life | ||
insurance or annuity benefits, a claim for compensation [ |
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claim for compensation, due to or owned by the obligor; and | ||
(4) property seized and subject to forfeiture under | ||
Chapter 59, Code of Criminal Procedure. | ||
SECTION 7. Subchapter G, Chapter 157, Family Code, is | ||
amended by adding Section 157.3271 to read as follows: | ||
Sec. 157.3271. LEVY ON FINANCIAL INSTITUTION ACCOUNT OF | ||
DECEASED OBLIGOR. (a) Subject to Subsection (b), the Title IV-D | ||
agency may, not earlier than the 90th day after the date of death of | ||
an obligor in a Title IV-D case, deliver a notice of levy to a | ||
financial institution in which the obligor was the sole owner of an | ||
account, regardless of whether the Title IV-D agency has issued a | ||
child support lien notice regarding the account. | ||
(b) The Title IV-D agency may not deliver a notice of levy | ||
under this section if probate proceedings relating to the obligor's | ||
estate have commenced. | ||
(c) The notice of levy must: | ||
(1) identify the amount of child support arrearages | ||
determined by the Title IV-D agency to be owing and unpaid by the | ||
obligor on the date of the obligor's death; and | ||
(2) direct the financial institution to pay to the | ||
Title IV-D agency, not earlier than the 45th day or later than the | ||
60th 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. | ||
(d) Not later than the 35th day after the date of delivery of | ||
the notice, the financial institution must notify any other person | ||
asserting a claim against the account that: | ||
(1) the account has been levied on for child support | ||
arrearages in the amount shown on the notice of levy; and | ||
(2) the person may contest the levy by filing suit and | ||
requesting a court hearing in the same manner that a person may | ||
challenge a child support lien under Section 157.323. | ||
(e) A person who contests a levy under this section, as | ||
authorized by Subsection (d)(2), may bring the suit in: | ||
(1) the district court of the county in which the | ||
property is located or in which the obligor resided; or | ||
(2) the court of continuing jurisdiction. | ||
(f) The notice of levy may be delivered to a financial | ||
institution as provided by Section 59.008, Finance Code, if the | ||
institution is subject to that law or may be delivered to the | ||
registered agent, the institution's main business office in this | ||
state, or another address provided by the institution under Section | ||
231.307. | ||
(g) A financial institution may deduct its fees and costs, | ||
including any costs for complying with this section, from the | ||
deceased obligor's assets before paying the appropriate amount to | ||
the Title IV-D agency. | ||
SECTION 8. Sections 158.203(b) and (b-1), Family Code, are | ||
amended to read as follows: | ||
(b) An employer with 50 [ |
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a payment required under this section by electronic funds transfer | ||
or electronic data interchange not later than the second business | ||
day after the pay date. | ||
(b-1) An employer with fewer than 50 [ |
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remit a payment required under this section by electronic funds | ||
transfer or electronic data interchange. A payment remitted by the | ||
employer electronically must be remitted not later than the date | ||
specified by Subsection (b). | ||
SECTION 9. The heading to Section 158.503, Family Code, is | ||
amended to read as follows: | ||
Sec. 158.503. DELIVERY OF ADMINISTRATIVE WRIT TO EMPLOYER; | ||
FILING WITH COURT OR MAINTAINING RECORD. | ||
SECTION 10. Section 158.503, Family Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) An administrative writ of withholding issued under this | ||
subchapter may be delivered to an [ |
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by mail or by electronic transmission. | ||
(b) The Title IV-D agency shall: | ||
(1) not [ |
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the date of delivery of the administrative writ of withholding to an | ||
employer, [ |
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together with a signed certificate of service, in the court of | ||
continuing jurisdiction; or | ||
(2) maintain a record of the writ until all support | ||
obligations of the obligor have been satisfied or income | ||
withholding has been terminated as provided by this chapter. | ||
(b-1) The certificate of service required under Subsection | ||
(b)(1) may be signed electronically. [ |
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SECTION 11. Section 231.015, Family Code, is amended to | ||
read as follows: | ||
Sec. 231.015. INSURANCE REPORTING PROGRAM. (a) In | ||
consultation with the Texas Department of Insurance and | ||
representatives of the insurance industry in this state, including | ||
insurance trade associations, the Title IV-D agency by rule shall | ||
operate a program [ |
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under which insurers [ |
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Title IV-D agency in identifying obligors who owe child support | ||
arrearages and [ |
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arrearages to intercept certain [ |
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or awards for claims in satisfaction of the arrearage amounts. | ||
(b) An insurer [ |
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information or responds to a notice of child support lien or levy | ||
under Subchapter G, Chapter 157, or acts in good faith to comply | ||
with procedures established by the Title IV-D agency under this | ||
section is not liable for those acts under any law to any person. | ||
SECTION 12. Section 231.307, Family Code, is amended by | ||
amending Subsection (d) and adding Subsection (g) to read as | ||
follows: | ||
(d) A financial institution providing information or | ||
responding to a notice of child support lien or levy provided under | ||
Subchapter G, Chapter 157, or otherwise acting in good faith to | ||
comply with the Title IV-D agency's procedures under this section | ||
may not be liable under any federal or state law for any damages | ||
that arise from those acts. | ||
(g) This section does not apply to an insurer subject to the | ||
reporting requirements under Section 231.015. | ||
SECTION 13. The heading to Section 232.0135, Family Code, | ||
is amended to read as follows: | ||
Sec. 232.0135. DENIAL OF LICENSE ISSUANCE OR RENEWAL. | ||
SECTION 14. Sections 232.0135(a), (b), (c), and (d), Family | ||
Code, are amended to read as follows: | ||
(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 | ||
issuance of a license to the obligor or renewal of an existing [ |
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license of the obligor. | ||
(b) A licensing authority that receives the information | ||
described by Subsection (a) shall refuse to accept an application | ||
for issuance of a license to the obligor or renewal of an existing | ||
[ |
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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 issuance or | ||
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 issuance or 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 issuance or 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 issuance or 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. | ||
SECTION 15. Section 232.014(a), Family Code, is amended to | ||
read as follows: | ||
(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 issuance or | ||
renewal of license in an amount sufficient to recover the | ||
administrative costs incurred by the authority under this chapter. | ||
SECTION 16. Section 233.012, Family Code, is amended to | ||
read as follows: | ||
Sec. 233.012. INFORMATION REQUIRED TO BE PROVIDED AT | ||
NEGOTIATION CONFERENCE. At the beginning of the negotiation | ||
conference, the child support review officer shall review with the | ||
parties participating in the conference information provided in the | ||
notice of child support review and inform the parties that: | ||
(1) the purpose of the negotiation conference is to | ||
provide an opportunity to reach an agreement on a child support | ||
order; | ||
(2) if the parties reach an agreement, the review | ||
officer will prepare an agreed review order to be effective | ||
immediately on being confirmed by the court, as provided by Section | ||
233.024; | ||
(3) a party does not have to sign a review order | ||
prepared by the child support review officer but that the Title IV-D | ||
agency may file a review order without the agreement of the parties; | ||
(4) the parties may sign a waiver of the right to | ||
service of process; | ||
(5) a party may file a request for a court hearing on a | ||
nonagreed order not later than [ |
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after the date a copy of the petition for confirmation of the order | ||
is delivered to the party [ |
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(6) a party may file a motion for a new trial not later | ||
than [ |
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by the court. | ||
SECTION 17. Section 233.013, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (b), the Title IV-D agency | ||
may, at any time and without a showing of material and substantial | ||
change in the circumstances of the parties, file a child support | ||
review order that has the effect of modifying an existing order for | ||
child support to provide medical support for a child if the existing | ||
order does not provide health care coverage for the child as | ||
required under Section 154.182. | ||
SECTION 18. Section 1108.101, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 1108.101. ASSIGNMENT GENERALLY. (a) This chapter | ||
does not prevent an insured, owner, or annuitant from assigning, in | ||
accordance with the terms of the policy or contract: | ||
(1) any benefits to be provided under an insurance | ||
policy or annuity contract to which this chapter applies; or | ||
(2) any other rights under the policy or contract. | ||
(b) A benefit or right described by Subsection (a) assigned | ||
by an insured, owner, or annuitant after a child support lien notice | ||
has been filed against the insured, owner, or annuitant by the Title | ||
IV-D agency continues to be subject to the child support lien after | ||
the date of assignment. The lien continues to secure payment of all | ||
child support arrearages owed by the insured, owner, or annuitant | ||
under the underlying child support order, including arrearages that | ||
accrue after the date of assignment. | ||
SECTION 19. Section 411.1271, Government Code, is amended | ||
by adding Subsection (b-1) and amending Subsection (c) to read as | ||
follows: | ||
(b-1) The office of the attorney general is entitled to | ||
obtain from the Department of Public Safety, the Federal Bureau of | ||
Investigation identification division, or another law enforcement | ||
agency criminal history record information maintained by the | ||
department or agency that relates to a person who owes child support | ||
in a Title IV-D case, as defined by Section 101.034, Family Code, | ||
for the purposes of locating that person and establishing, | ||
modifying, or enforcing a child support obligation against that | ||
person. | ||
(c) Criminal history record information obtained by the | ||
office of the attorney general under this section [ |
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court order or with the consent of the person who is the subject of | ||
the criminal history record information. | ||
SECTION 20. Section 34.04(a), Tax Code, is amended to read | ||
as follows: | ||
(a) A person, including a taxing unit and the Title IV-D | ||
agency, may file a petition in the court that ordered the seizure or | ||
sale setting forth a claim to the excess proceeds. The petition | ||
must be filed before the second anniversary of the date of the sale | ||
of the property. The petition is not required to be filed as an | ||
original suit separate from the underlying suit for seizure of the | ||
property or foreclosure of a tax lien on the property but may be | ||
filed under the cause number of the underlying suit. | ||
SECTION 21. Article 59.06(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (k), all forfeited | ||
property shall be administered by the attorney representing the | ||
state, acting as the agent of the state, in accordance with accepted | ||
accounting practices and with the provisions of any local agreement | ||
entered into between the attorney representing the state and law | ||
enforcement agencies. If a local agreement has not been executed, | ||
the property shall be sold on the 75th day after the date of the | ||
final judgment of forfeiture at public auction under the direction | ||
of the county sheriff, after notice of public auction as provided by | ||
law for other sheriff's sales. The proceeds of the sale shall be | ||
distributed as follows: | ||
(1) to any interest holder to the extent of the | ||
interest holder's nonforfeitable interest; [ |
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(2) after any distributions under Subdivision (1), if | ||
the Title IV-D agency has filed a child support lien in the | ||
forfeiture proceeding, to the Title IV-D agency in an amount not to | ||
exceed the amount of child support arrearages identified in the | ||
lien; and | ||
(3) the balance, if any, after the deduction of court | ||
costs to which a district court clerk is entitled under Article | ||
59.05(f) and, after that deduction, the deduction of storage and | ||
disposal costs, to be deposited not later than the 30th day after | ||
the date of the sale in the state treasury to the credit of the | ||
general revenue fund. | ||
SECTION 22. Section 233.017(c), Family Code, is repealed. | ||
SECTION 23. Section 154.187(c), Family Code, as amended by | ||
this Act, applies to an order or notice received by an employer on | ||
or after the effective date of this Act. An order or notice | ||
received by an employer before the effective date of this Act is | ||
governed by the law in effect on the date the order or notice was | ||
received, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 24. Sections 156.401(a-2) and 233.013(c), Family | ||
Code, as added by this Act, apply to each child support order, | ||
regardless of whether the order was rendered before, during, or | ||
after the effective date of this Act. | ||
SECTION 25. Section 157.162, Family Code, as amended by | ||
this Act, applies to a motion for child support enforcement filed on | ||
or after the effective date of this Act. A motion filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the motion was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 26. Section 158.203, Family Code, as amended by | ||
this Act, applies to child support payments withheld by an employer | ||
on or after the effective date of this Act. | ||
SECTION 27. Section 158.503, Family Code, as amended by | ||
this Act, applies to an administrative writ of withholding issued | ||
on or after the effective date of this Act. | ||
SECTION 28. Section 1108.101(b), Insurance Code, as added | ||
by this Act, applies to an assignment made on or after the effective | ||
date of this Act. An assignment made before the effective date of | ||
this Act is governed by the law in effect on the date the assignment | ||
was made, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 29. Article 59.06(a), Code of Criminal Procedure, | ||
as amended by this Act, applies to a sale of forfeited property that | ||
occurs on or after the effective date of this Act. A sale that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect on the date the property was sold, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 30. This Act takes effect September 1, 2011. | ||
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