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AN ACT
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relating to the powers and duties of the Title IV-D agency regarding |
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the establishment, collection, and enforcement of child support and |
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in connection with an application for a marriage license or |
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protective order; authorizing a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 2.009, Family Code, is |
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amended to read as follows: |
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(c) On the proper execution of the application, the clerk |
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shall: |
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(1) prepare the license; |
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(2) enter on the license the names of the licensees, |
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the date that the license is issued, and, if applicable, the name of |
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the person appointed to act as proxy for an absent applicant, if |
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any; |
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(3) record the time at which the license was issued; |
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(4) distribute to each applicant printed materials |
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about acquired immune deficiency syndrome (AIDS) and human |
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immunodeficiency virus (HIV) and note on the license that the |
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distribution was made; and |
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(5) inform [distribute to] each applicant: |
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(A) that a premarital education handbook |
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developed [provided] by the child support division of the office of |
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the attorney general under Section 2.014 is available on the child |
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support division's Internet website; or |
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(B) if the applicant does not have Internet |
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access, how the applicant may obtain a paper copy of the handbook |
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described by Paragraph (A). |
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SECTION 2. Subsections (b) and (c), Section 2.014, Family |
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Code, are amended to read as follows: |
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(b) Money in the trust fund is derived from depositing $3 of |
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each marriage license fee as authorized under Section 118.018(c), |
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Local Government Code, and may be used only for: |
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(1) the development [and distribution] of a premarital |
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education handbook; |
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(2) grants to institutions of higher education having |
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academic departments that are capable of research on marriage and |
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divorce that will assist in determining programs, courses, and |
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policies to help strengthen families and assist children whose |
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parents are divorcing; |
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(3) support for counties to create or administer free |
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or low-cost premarital education courses; |
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(4) programs intended to reduce the amount of |
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delinquent child support; and |
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(5) other programs the attorney general determines |
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will assist families in this state. |
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(c) The premarital education handbook under Subsection |
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(b)(1) shall be made available [distributed] to each applicant for |
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a marriage license as provided by Section 2.009(c)(5) and shall |
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contain information on: |
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(1) conflict management; |
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(2) communication skills; |
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(3) children and parenting responsibilities; and |
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(4) financial responsibilities. |
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SECTION 3. Section 82.004, Family Code, is amended to read |
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as follows: |
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Sec. 82.004. CONTENTS OF APPLICATION. An application must |
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state: |
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(1) the name and county of residence of each |
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applicant; |
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(2) the name and county of residence of each |
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individual alleged to have committed family violence; |
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(3) the relationships between the applicants and the |
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individual alleged to have committed family violence; [and] |
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(4) a request for one or more protective orders; and |
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(5) whether an applicant is receiving services from |
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the Title IV-D agency in connection with a child support case and, |
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if known, the agency case number for each open case. |
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SECTION 4. Subsection (a), Section 85.042, Family Code, is |
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amended to read as follows: |
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(a) The clerk of the court issuing an original or modified |
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protective order under this subtitle shall send a copy of the order, |
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along with the information provided by the applicant or the |
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applicant's attorney that is required under Section 411.042(b)(6), |
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Government Code, to: |
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(1) the chief of police of the municipality in which |
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the person protected by the order resides, if the person resides in |
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a municipality; |
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(2) [, or to] the appropriate constable and the |
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sheriff of the county in which the person resides, if the person |
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does not reside in a municipality; and |
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(3) the Title IV-D agency, if the application for the |
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protective order indicates that the applicant is receiving services |
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from the Title IV-D agency. |
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SECTION 5. Subsection (a-2), Section 156.401, Family Code, |
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is amended to read as follows: |
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(a-2) A court or administrative order for child support in a |
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Title IV-D case may be modified at any time, and without a showing |
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of material and substantial change in the circumstances of the |
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child or a person affected by the order, [as provided under Section
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233.013(c)] to provide for medical support of the [a] child if the |
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order does not provide health care coverage as required under |
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Section 154.182. |
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SECTION 6. Section 158.106, Family Code, is amended to read |
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as follows: |
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Sec. 158.106. REQUIRED FORMS FOR INCOME WITHHOLDING. (a) |
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The Title IV-D agency shall prescribe forms as required by federal |
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law in a standard format entitled order or notice to withhold income |
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for child support under this chapter. |
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(b) The Title IV-D agency shall make the required |
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[appropriate] forms available to obligors, obligees, domestic |
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relations offices, friends of the court, clerks of the court, and |
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private attorneys. |
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(c) The Title IV-D agency may prescribe additional forms for |
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the efficient collection of child support from earnings and to |
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promote the administration of justice for all parties. |
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(d) The forms prescribed by the Title IV-D agency under this |
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section shall [may] be used: |
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(1) for an order or judicial writ of income |
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withholding under this chapter; and |
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(2) to request voluntary withholding under Section |
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158.011. |
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SECTION 7. Section 158.203, Family Code, is amended by |
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amending Subsection (d) and adding Subsections (e) and (f) to read |
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as follows: |
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(d) In a case in which an obligor's income is subject to |
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withholding, the employer shall remit the payment of child support |
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directly to [a local registry, the Title IV-D agency, or to] the |
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state disbursement unit. |
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(e) The state disbursement unit may impose on an employer |
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described by Subsection (b) a payment processing surcharge in an |
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amount of not more than $25 for each remittance made on behalf of an |
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employee that is not made by electronic funds transfer or |
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electronic data exchange. The payment processing surcharge under |
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this subsection may not be charged against the employee or taken |
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from amounts withheld from the employee's wages. |
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(f) The state disbursement unit shall: |
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(1) notify an employer described by Subsection (b) who |
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fails to remit withheld income by electronic funds transfer or |
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electronic data exchange that the employer is subject to a payment |
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processing surcharge under Subsection (e); and |
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(2) inform the employer of the amount of the surcharge |
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owed and the manner in which the surcharge is required to be paid to |
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the unit. |
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SECTION 8. Subsection (e), Section 201.101, Family Code, is |
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amended to read as follows: |
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(e) If a county has entered into a contract with the Title |
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IV-D agency under Section 231.0011, enforcement services may be |
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directly provided in cases identified under the contract by county |
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personnel as provided under Section 231.0011(d), including judges |
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and associate judges of the courts of the county. |
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SECTION 9. Section 231.002, Family Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) In the enforcement or modification of a child support |
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order, the Title IV-D agency is not: |
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(1) subject to a mediation or arbitration clause or |
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requirement in the order to which the Title IV-D agency was not a |
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party; or |
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(2) liable for any costs associated with mediation or |
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arbitration arising from provisions in the order or another |
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agreement of the parties. |
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SECTION 10. Section 231.204, Family Code, is amended to |
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read as follows: |
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Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except |
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as provided by this subchapter, an appellate court, a clerk of an |
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appellate court, a district or county clerk, sheriff, constable, or |
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other government officer or employee may not charge the Title IV-D |
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agency or a private attorney or political subdivision that has |
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entered into a contract to provide Title IV-D services any fees or |
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other amounts otherwise imposed by law for services rendered in, or |
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in connection with, a Title IV-D case, including: |
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(1) a fee payable to a district clerk for: |
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(A) performing services related to the estates of |
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deceased persons or minors; |
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(B) certifying copies; or |
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(C) comparing copies to originals; |
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(2) a court reporter fee, except as provided by |
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Section 231.209; |
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(3) a judicial fund fee; |
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(4) a fee for a child support registry, enforcement |
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office, or domestic relations office; |
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(5) a fee for alternative dispute resolution services; |
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[and] |
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(6) a filing fee or other costs payable to a clerk of |
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an appellate court; and |
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(7) a statewide electronic filing system fund fee. |
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SECTION 11. Subsection (a), Section 232.0135, Family Code, |
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is amended to read as follows: |
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(a) A child support agency, as defined by Section 101.004, |
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may provide notice to a licensing authority concerning an obligor |
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who has failed to pay child support under a support order for six |
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months or more that requests the authority to refuse to approve |
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[accept] an application for issuance of a license to the obligor or |
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renewal of an existing license of the obligor. |
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SECTION 12. Subsections (a) and (b), Section 233.013, |
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Family Code, are amended to read as follows: |
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(a) The Title IV-D agency may use any information obtained |
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by the agency from the parties or any other source and shall apply |
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the child support guidelines provided by this code to determine the |
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appropriate amount of child support. In determining the |
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appropriate amount of child support, the agency may consider |
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evidence of the factors a court is required to consider under |
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Section 154.123(b), and, if the agency deviates from the guidelines |
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in determining the amount of monthly child support, with or without |
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the agreement of the parties, the child support review order must |
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include the findings required to be made by a court under Section |
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154.130(b). |
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(b) If it has been three years since a child support order |
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was rendered or last modified and the amount of the child support |
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award under the order differs by either 20 percent or $100 from the |
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amount that would be awarded under the child support guidelines, |
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the Title IV-D agency may [shall] file an appropriate child support |
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review order, including an order that has the effect of modifying an |
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existing court or administrative order for child support without |
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the necessity of filing a motion to modify. |
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SECTION 13. Section 233.019, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) If a party timely files a motion for a new trial for |
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reconsideration of an agreed review order and the court grants the |
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motion, the agreed review order filed with the clerk constitutes a |
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sufficient pleading by the Title IV-D agency for relief on any issue |
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addressed in the order. |
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SECTION 14. The heading to Section 233.027, Family Code, is |
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amended to read as follows: |
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Sec. 233.027. NONAGREED ORDER AFTER HEARING[; EFFECT OF
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CONFIRMATION ORDER]. |
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SECTION 15. Subsections (a) and (c), Section 233.027, |
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Family Code, are amended to read as follows: |
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(a) After the hearing on the confirmation of a nonagreed |
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child support review order, the court shall: |
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(1) if the court finds that the nonagreed order should |
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be confirmed, immediately sign the nonagreed [a confirmation] order |
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and enter the order as a final [an] order of the court; |
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(2) if the court finds that the relief granted in the |
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nonagreed child support review order is inappropriate, sign an |
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appropriate order at the conclusion of the hearing or as soon after |
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the conclusion of the hearing as is practical and enter the order as |
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an order of the court; or |
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(3) if the court finds that all relief should be |
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denied, enter an order that denies relief and includes specific |
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findings explaining the reasons that relief is denied. |
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(c) If the party who requested the hearing fails to appear |
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at the hearing, the court shall sign the nonagreed [a confirmation] |
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order and enter the order as an order of the court. |
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SECTION 16. Subsections (a), (b), and (c), Section 234.007, |
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Family Code, are amended to read as follows: |
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(a) A [The Title IV-D agency shall notify the courts that
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the state disbursement unit has been established. After receiving
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notice of the establishment of the state disbursement unit, a] |
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court that orders income to be withheld for child support shall |
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order that all income ordered withheld for child support shall be |
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paid to the state disbursement unit. |
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(b) In order to redirect payments [from a local registry] to |
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the state disbursement unit [after the date of the establishment of
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the state disbursement unit], the Title IV-D agency shall issue a |
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notice of place of payment informing the obligor, obligee, and |
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employer that income withheld for child support is to be paid to the |
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state disbursement unit and may not be remitted to a local registry, |
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the obligee, or any other person or agency. If withheld support has |
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been paid to a local registry, the Title IV-D agency shall send the |
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notice to the registry to redirect any payments to the state |
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disbursement unit. |
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(c) A copy of the notice under Subsection (b) shall be filed |
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with the court of continuing jurisdiction [and with the local child
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support registry]. |
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SECTION 17. Section 234.101, Family Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Newly hired employee" means an employee who: |
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(A) has not been previously employed by the |
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employer; or |
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(B) was previously employed by the employer but |
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has been separated from that employment for at least 60 consecutive |
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days. |
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SECTION 18. Subsection (b), Section 233.027, Family Code, |
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is repealed. |
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SECTION 19. (a) The changes in law made by this Act to |
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Sections 2.009 and 2.014, Family Code, apply only to an application |
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for a marriage license submitted on or after the effective date of |
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this Act. An application for a marriage license submitted before |
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the effective date of this Act is governed by the law in effect on |
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the date the application was submitted, and the former law is |
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continued in effect for that purpose. |
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(b) The changes in law made by this Act to Sections 82.004 |
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and 85.042, Family Code, apply only to an application for a |
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protective order filed on or after the effective date of this Act. |
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An application for a protective order filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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(c) The changes in law made by this Act to Section 158.203, |
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Family Code, apply only to a child support withholding remitted by |
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an employer on or after the effective date of this Act. A child |
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support withholding remitted by an employer before the effective |
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date of this Act is governed by the law in effect on the date the |
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withholding was remitted, and the former law is continued in effect |
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for that purpose. |
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(d) The changes in law made by this Act to Section 233.013, |
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Family Code, apply only to a child support review order filed on or |
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after the effective date of this Act. A child support review order |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the order was filed, and the former law is |
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continued in effect for that purpose. |
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(e) The change in law made by this Act to Section 233.019, |
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Family Code, applies only to a motion for a new trial filed on or |
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after the effective date of this Act. A motion for a new trial filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the motion was filed, and the former law is |
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continued in effect for that purpose. |
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(f) The change in law made by this Act to Section 233.027, |
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Family Code, applies to a child support review order that is pending |
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before a trial court on or filed on or after the effective date of |
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this Act. |
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SECTION 20. The change in law made by this Act to Section |
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231.204, Family Code, takes effect only if House Bill No. 2302, |
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Senate Bill No. 1146, or substantially similar legislation |
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authorizing a statewide electronic filing system fund fee is |
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enacted by the 83rd Legislature, Regular Session, 2013, and becomes |
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law. If legislation described by this section is not enacted or |
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does not become law, the amendment to Section 231.204, Family Code, |
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made by this Act has no effect. |
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SECTION 21. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 355 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 20, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 355 passed the House, with |
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amendment, on May 14, 2013, by the following vote: Yeas 142, |
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Nays 1, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |