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  H.B. No. 4424
 
 
 
 
AN ACT
  relating to operations fees and child support service fees assessed
  by domestic relations offices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 110.006, Family Code, is amended to read
  as follows:
         Sec. 110.006.  DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND
  CHILD SUPPORT SERVICE FEES.  (a)  If an administering entity of a
  domestic relations office adopts an initial operations fee under
  Section 203.005(a)(1) [or an initial child support service fee
  under Section 203.005(a)(2)], the clerk of the court shall:
               (1)  collect the operations fee at the time the
  original suit, motion for modification, or motion for enforcement,
  as applicable, is filed; and
               (2)  send the fee to the domestic relations office.
         (b)  If an administering entity of a domestic relations
  office adopts an initial child support service fee under Section
  203.005(a)(2), the clerk of the court shall:
               (1)  collect the child support service fee at the time
  the original suit is filed; and
               (2)  send the fee to the domestic relations office.
         (c)  The fees described by Subsections (a) and (b) are not
  filing fees for purposes of Section 110.002 or 110.003.
         SECTION 2.  Section 203.005(a), Family Code, is amended to
  read as follows:
         (a)  The administering entity may authorize a domestic
  relations office to assess and collect:
               (1)  an initial operations fee not to exceed $15 to be
  paid to the domestic relations office on each [the] filing of an
  original [a] suit, motion for modification, or motion for
  enforcement;
               (2)  in a county that has a child support enforcement
  cooperative agreement with the Title IV-D agency, an initial child
  support service fee not to exceed $36 to be paid to the domestic
  relations office on the filing of an original [a] suit;
               (3)  a reasonable application fee to be paid by an
  applicant requesting services from the office;
               (4)  a reasonable attorney's fee and court costs
  incurred or ordered by the court;
               (5)  a monthly service fee not to exceed $3 to be paid
  annually in advance by a managing conservator and possessory
  conservator for whom the domestic relations office provides child
  support services;
               (6)  community supervision fees as provided by Chapter
  157 if community supervision officers are employed by the domestic
  relations office;
               (7)  a reasonable fee for preparation of a
  court-ordered social study;
               (8)  in a county that provides visitation services
  under Sections 153.014 and 203.004 a reasonable fee to be paid to
  the domestic relations office at the time the visitation services
  are provided;
               (9)  a fee to reimburse the domestic relations office
  for a fee required to be paid under Section 158.503(d) for filing an
  administrative writ of withholding;
               (10)  a reasonable fee for parenting coordinator
  services; and
               (11)  a reasonable fee for alternative dispute
  resolution services.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4424 was passed by the House on May 7,
  2009, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 4424 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 4424 on May 31, 2009, by the following vote:  Yeas 144,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4424 was passed by the Senate, with
  amendments, on May 26, 2009, by the following vote:  Yeas 29, Nays
  2; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  4424 on May 31, 2009, by the following vote:  Yeas 29, Nays 2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor