Bill Text: TX SB285 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the administration of and certain procedures under the Title IV-D program for child support enforcement.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2021-05-30 - Effective on 9/1/21 [SB285 Detail]

Download: Texas-2021-SB285-Enrolled.html

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S.B. No. 285

AN ACT
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 105.008, Family Code, is amended to read
as follows:
Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE
REGISTRY. (a) The clerk of the court shall provide the state case
registry with a record of a court order for child support, medical
support, and dental support. The record of a support [an] order
shall include information provided by the parties on a form
developed by the Title IV-D agency. The form shall be completed by
the petitioner and submitted to the clerk at the time the order is
filed for record.
(b) The form described by Subsection (a) may include an
option for a party to apply for child support services provided by
the Title IV-D agency. If a party applies for child support
services, the party or the party's authorized representative must
sign the form.
(c) To the extent federal funds are available, the Title
IV-D agency shall reimburse the clerk of the court for the costs
incurred in providing the record of support order required under
this section.
SECTION 2. Section 111.001(b), Family Code, is amended to
read as follows:
(b) At least once every four years, the Title IV-D agency
shall review the child support guidelines under Chapter 154 as
required by 42 U.S.C. Section 667(a) and 45 C.F.R. Section 302.56
and report the results of the review and any recommendations for any
changes to the guidelines and their manner of application to the
standing committees of each house of the legislature having
jurisdiction over family law issues.
SECTION 3. Sections 231.0011(c) and (d), Family Code, are
amended to read as follows:
(c) The Title IV-D agency may contract with any county
meeting technical system requirements necessary to comply with
federal law for provision of Title IV-D services in that county.
The clerk of the court of a county participating in the unified
enforcement system shall use a record of support order form
described by Section 105.008(b) that includes an option for the
obligee or obligor to apply for child support services provided by
the Title IV-D agency. [All new cases in which support orders are
entered in such county after the effective date of a monitoring
contract shall be Title IV-D cases. Any other case in the county,
subject to federal requirements and the agreement of the county and
the Title IV-D agency, may be included as a Title IV-D case. Any
obligee under a support order may refuse Title IV-D enforcement
services unless required to accept such services pursuant to other
law.]
(d) Counties participating in the unified enforcement
system shall monitor all assigned Title IV-D child support
[registry] cases and on delinquency may, subject to the approval of
the Title IV-D agency, provide enforcement services through:
(1) direct provision of services by county personnel;
(2) subcontracting all or portions of the services to
private entities or attorneys; or
(3) such other methods as may be approved by the Title
IV-D agency.
SECTION 4. Section 231.104, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) Filing a notice of assignment of support rights, a
notice of change of payee under Section 231.105, or a pleading by
the Title IV-D agency in a suit under this title is evidence of the
assignment of support rights to the Title IV-D agency in that cause
and is admissible as evidence of the truth of the assignment of
support rights and does not require further authentication or
verification.
SECTION 5. Section 233.018, Family Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) A party may sign a waiver under this section using a
digitized signature.
(d) A waiver under this section must be:
(1) sworn before a notary public; or
(2) executed using an unsworn declaration under
Section 132.001, Civil Practice and Remedies Code.
(e) Notwithstanding Subsection (a)(2), the mailing address
of a party shall be omitted if:
(1) the court has previously made a finding and
ordered nondisclosure under Section 105.006(c) relating to the
parties and the order has not been superseded; or
(2) the child support review order contains an agreed
finding and order under Section 105.006(c).
SECTION 6. 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 7. 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 [third] day after
the filing of the order. On expiration of the seventh [third] day
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 8. The changes in law made by this Act to Sections
105.008 and 231.0011, Family Code, apply 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 9. 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 10. 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 11. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 285 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 285 passed the House on
May 14, 2021, by the following vote: Yeas 129, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor