Bill Text: TX SB1726 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to suits affecting the parent-child relationship and the enforcement of child support.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-06-17 - Effective on 9/1/15 [SB1726 Detail]

Download: Texas-2015-SB1726-Introduced.html

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84R11899 KSD-F
By: Creighton S.B. No. 1726

A BILL TO BE ENTITLED
AN ACT
relating to suits affecting the parent-child relationship and the
enforcement of child support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 355.102(e), Estates Code, is amended to
read as follows:
(e) Class 4 claims are composed of claims:
(1) for the principal amount of and accrued interest
on delinquent child support and child support arrearages that have
been:
(A) confirmed and reduced to money judgment[,] as
provided by Section 157.263, Family Code; or
(B) administratively determined by the Title
IV-D agency, as defined by Section 101.033, Family Code, in a Title
IV-D case, as defined by Section 101.034 [under Subchapter F,
Chapter 157], Family Code, and agreed to by the obligor or confirmed
by the court; and
(2) [claims] for unpaid child support obligations
under Section 154.015, Family Code.
SECTION 2. Section 101.031, Family Code, is amended to read
as follows:
Sec. 101.031. SUIT. "Suit" means a legal action under this
title [suit affecting the parent-child relationship].
SECTION 3. Section 105.006(c), Family Code, is amended to
read as follows:
(c) If a court finds after notice and hearing that requiring
a party to provide the information required by this section to
another party is likely to subject [cause] the child or a
conservator to harassment, abuse, serious harm, or injury, or to
family violence, as defined by Section 71.004, the court may:
(1) order the information not to be disclosed to
another party; or
(2) render any other order the court considers
necessary.
SECTION 4. Sections 154.187(c) and (d), Family Code, are
amended to read as follows:
(c) An employer who has received an order or notice under
this subchapter shall provide to the sender, [by first class mail]
not later than the 40th day after the date the employer receives the
order or notice, a statement that the child:
(1) has been enrolled in the employer's health
insurance plan or is already enrolled in another health insurance
plan in accordance with a previous child support or medical support
order to which the employee is subject; or
(2) cannot be enrolled or cannot be enrolled
permanently in the employer's health insurance plan and provide the
reason why coverage or permanent coverage cannot be provided.
(d) If the employee ceases employment or if the health
insurance coverage lapses, the employer shall provide to the
sender, [by first class mail] not later than the 15th day after the
date of the termination of employment or the lapse of the coverage,
notice of the termination or lapse and of the availability of any
conversion privileges.
SECTION 5. Sections 157.065(a) and (b), Family Code, are
amended to read as follows:
(a) If a party has been ordered under Chapter 105 to provide
the court and the state case registry with the party's current
mailing address, notice of a hearing on a motion for enforcement or
on a request for a court order implementing a postjudgment remedy
for the collection of child support may be served by mailing a copy
of the notice to the respondent, together with a copy of the motion
or request, by first class mail to the last mailing address of the
respondent on file with the court and the registry.
(b) The notice may be sent by the clerk of the court, the
[movant's] attorney for the movant or party requesting a court
order, or any person entitled to the address information as
provided in Chapter 105.
SECTION 6. Section 157.264(a), Family Code, is amended to
read as follows:
(a) A money judgment rendered as provided in this subchapter
or a judgment for retroactive child support rendered under Chapter
154 may be enforced by any means available for the enforcement of a
judgment for debts or the collection of child support.
SECTION 7. Section 157.319(c), Family Code, is amended to
read as follows:
(c) This section does not affect the validity or priority of
a lien of a health care provider, a lien for attorney's fees in a
workers' compensation benefits dispute up to the maximum amount
prescribed by Section 408.221(i), Labor Code, or a lien of a holder
of a security interest. This section does not affect the assignment
of rights or subrogation of a claim under Title XIX of the federal
Social Security Act (42 U.S.C. Section 1396 et seq.), as amended.
SECTION 8. Section 160.302, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) An acknowledgment of paternity constitutes an affidavit
under Section 666(a)(5)(C), Social Security Act (42 U.S.C. Section
666(a)(5)(C)).
SECTION 9. Section 232.001, Family Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Renewal" means any instance when a licensing
authority:
(A) renews, extends, recertifies, or reissues a
license; or
(B) periodically certifies a licensee to be in
good standing with the licensing authority based on the required
payment of fees or dues or the performance of some other mandated
action or activity.
SECTION 10. Sections 232.0135(b), (c), and (d), Family
Code, are amended to read as follows:
(b) A licensing authority that receives the information
described by Subsection (a) shall refuse to approve [accept] an
application for issuance of a license to the obligor or renewal of
an existing license of the obligor until the authority is notified
by the child support agency that the obligor has:
(1) paid all child support arrearages;
(2) made an immediate payment of not less than $200
toward child support arrearages owed and established with the
agency a satisfactory repayment schedule for the remainder or is in
compliance with a court order for payment of the arrearages;
(3) been granted an exemption from this subsection as
part of a court-supervised plan to improve the obligor's earnings
and child support payments; or
(4) successfully contested the denial of issuance or
renewal of license under Subsection (d).
(c) On providing a licensing authority with the notice
described by Subsection (a), the child support agency shall send a
copy to the obligor by first class mail and inform the obligor of
the steps the obligor must take to permit the authority to approve
[accept] the obligor's application for license issuance or renewal.
(d) An obligor receiving notice under Subsection (c) may
request a review by the child support agency to resolve any issue in
dispute regarding the identity of the obligor or the existence or
amount of child support arrearages. The agency shall promptly
provide an opportunity for a review, either by telephone or in
person, as appropriate to the circumstances. After the review, if
appropriate, the agency may notify the licensing authority that it
may approve [accept] the obligor's application for issuance or
renewal of license. If the agency and the obligor fail to resolve
any issue in dispute, the obligor, not later than the 30th day after
the date of receiving notice of the agency's determination from the
review, may file a motion with the court to direct the agency to
withdraw the notice under Subsection (a) and request a hearing on
the motion. The obligor's application for license issuance or
renewal may not be approved [accepted] by the licensing authority
until the court rules on the motion. If, after a review by the
agency or a hearing by the court, the agency withdraws the notice
under Subsection (a), the agency shall reimburse the obligor the
amount of any fee charged the obligor under Section 232.014.
SECTION 11. Subchapter A, Chapter 406, Government Code, is
amended by adding Section 406.026 to read as follows:
Sec. 406.026. ELECTRONIC NOTARIZATION. In a proceeding
filed under Title 5, Family Code, if a signature is required to be
notarized, acknowledged, verified, or made under oath, the
requirement is satisfied if the electronic signature of the person
authorized to perform that act, together with all other information
required to be included by other applicable law, is attached to or
logically associated with the signature required to be notarized,
acknowledged, verified, or made under oath.
SECTION 12. The changes in law made by this Act apply to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2015.