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


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-04-15 - Testimony taken in committee [SB285 Detail]

Download: Texas-2021-SB285-Introduced.html
  87R6255 EAS-F
 
  By: West S.B. No. 285
 
 
 
A BILL TO BE ENTITLED
 
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.
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