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                                                                  H.B. No. 1238




AN ACT

relating to distribution of certain child support payments by the 
state disbursement unit.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 234.008, Family Code, is amended by 
amending Subsection (a) and adding Subsections (d) and (e) to read 
as follows:
	(a)  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.
	(d)  Subject to Subsection (e), the signature of an obligee 
on a final order in a suit affecting the parent-child relationship, 
or another order under this title, that designates an individual or 
entity for the purpose of receiving, disbursing, and monitoring 
child support payments constitutes written consent by the obligee 
to the distribution of the child support payments by the state 
disbursement unit to the designated individual or entity.  The 
state disbursement unit shall distribute each child support payment 
to the designated individual or entity by the date required by 
Subsection (a).  The designated individual or entity shall deduct 
any amount of the individual's or entity's authorized fee from the 
payment and promptly disburse the remainder of the amount to the 
Title IV-D agency or obligee.
	(e)  If the Title IV-D agency is notified by the Federal 
Office of Child Support Enforcement that Subsection (d) results in 
the Title IV-D agency's failure to meet the requirements of 42 
U.S.C. Sections 654a(e) and 654b related to the establishment and 
operation of the state case registry and state disbursement unit, 
Subsection (d) is null and void and the Title IV-D agency shall 
publish in the Texas Register notice that Subsection (d) is not 
effective.
	SECTION 2.  Section 234.008, Family Code, as amended by this 
Act, applies to a payment distributed by the state disbursement 
unit on or after the effective date of this Act.  A payment 
distributed before that date is governed by the law in effect on the 
date the payment is distributed, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1238 was passed by the House on May 
11, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1238 on May 27, 2005, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1238 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor