|
|
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 as a [and reduced to money] |
|
judgment or a determination of arrearages by a court under Title 5, |
|
Family Code; or |
|
(B) administratively[, as] 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 |
|
(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 cause the child or a conservator |
|
harassment, abuse, serious harm, or injury, or to subject the child |
|
or a conservator 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. Section 154.187, Family Code, is amended by |
|
amending Subsections (c) and (d) and adding Subsection (i) 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. |
|
(i) The notices required by Subsections (c) and (d) must be |
|
provided to the sender by first class mail, unless the sender is the |
|
Title IV-D agency. Notices to the Title IV-D agency may be provided |
|
electronically or via first class mail. |
|
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 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 8. 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 9. 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 10. 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 may be 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 11. This Act takes effect September 1, 2015. |