Bill Text: TX SB285 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the administration of and certain procedures under the Title IV-D program for child support enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-05-30 - Effective on 9/1/21 [SB285 Detail]
Download: Texas-2021-SB285-Enrolled.html
S.B. No. 285 |
|
||
relating to the administration of and certain procedures under the | ||
Title IV-D program for child support enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 105.008, Family Code, is amended to read | ||
as follows: | ||
Sec. 105.008. RECORD OF SUPPORT ORDER FOR STATE CASE | ||
REGISTRY. (a) The clerk of the court shall provide the state case | ||
registry with a record of a court order for child support, medical | ||
support, and dental support. The record of a support [ |
||
shall include information provided by the parties on a form | ||
developed by the Title IV-D agency. The form shall be completed by | ||
the petitioner and submitted to the clerk at the time the order is | ||
filed for record. | ||
(b) The form described by Subsection (a) may include an | ||
option for a party to apply for child support services provided by | ||
the Title IV-D agency. If a party applies for child support | ||
services, the party or the party's authorized representative must | ||
sign the form. | ||
(c) To the extent federal funds are available, the Title | ||
IV-D agency shall reimburse the clerk of the court for the costs | ||
incurred in providing the record of support order required under | ||
this section. | ||
SECTION 2. Section 111.001(b), Family Code, is amended to | ||
read as follows: | ||
(b) At least once every four years, the Title IV-D agency | ||
shall review the child support guidelines under Chapter 154 as | ||
required by 42 U.S.C. Section 667(a) and 45 C.F.R. Section 302.56 | ||
and report the results of the review and any recommendations for any | ||
changes to the guidelines and their manner of application to the | ||
standing committees of each house of the legislature having | ||
jurisdiction over family law issues. | ||
SECTION 3. Sections 231.0011(c) and (d), Family Code, are | ||
amended to read as follows: | ||
(c) The Title IV-D agency may contract with any county | ||
meeting technical system requirements necessary to comply with | ||
federal law for provision of Title IV-D services in that county. | ||
The clerk of the court of a county participating in the unified | ||
enforcement system shall use a record of support order form | ||
described by Section 105.008(b) that includes an option for the | ||
obligee or obligor to apply for child support services provided by | ||
the Title IV-D agency. [ |
||
(d) Counties participating in the unified enforcement | ||
system shall monitor all assigned Title IV-D child support | ||
[ |
||
the Title IV-D agency, provide enforcement services through: | ||
(1) direct provision of services by county personnel; | ||
(2) subcontracting all or portions of the services to | ||
private entities or attorneys; or | ||
(3) such other methods as may be approved by the Title | ||
IV-D agency. | ||
SECTION 4. Section 231.104, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Filing a notice of assignment of support rights, a | ||
notice of change of payee under Section 231.105, or a pleading by | ||
the Title IV-D agency in a suit under this title is evidence of the | ||
assignment of support rights to the Title IV-D agency in that cause | ||
and is admissible as evidence of the truth of the assignment of | ||
support rights and does not require further authentication or | ||
verification. | ||
SECTION 5. Section 233.018, Family Code, is amended by | ||
adding Subsections (c), (d), and (e) to read as follows: | ||
(c) A party may sign a waiver under this section using a | ||
digitized signature. | ||
(d) A waiver under this section must be: | ||
(1) sworn before a notary public; or | ||
(2) executed using an unsworn declaration under | ||
Section 132.001, Civil Practice and Remedies Code. | ||
(e) Notwithstanding Subsection (a)(2), the mailing address | ||
of a party shall be omitted if: | ||
(1) the court has previously made a finding and | ||
ordered nondisclosure under Section 105.006(c) relating to the | ||
parties and the order has not been superseded; or | ||
(2) the child support review order contains an agreed | ||
finding and order under Section 105.006(c). | ||
SECTION 6. Section 233.021(c), Family Code, is amended to | ||
read as follows: | ||
(c) The clerk shall deliver by personal service or, if | ||
court-ordered, a method of substituted service, a copy of the | ||
petition for confirmation of a nonagreed review order and a copy of | ||
the order, to each party entitled to service who has not waived | ||
service. | ||
SECTION 7. Section 233.024(a), Family Code, is amended to | ||
read as follows: | ||
(a) On the filing of an agreed child support review order | ||
signed by all parties, together with waiver of service, the court | ||
shall sign the order not later than the seventh [ |
||
the filing of the order. On expiration of the seventh [ |
||
after the filing of the order, the order is considered confirmed by | ||
the court by operation of law, regardless of whether the court has | ||
signed the order. The court may sign the order before filing the | ||
order, but the signed order shall immediately be filed. | ||
SECTION 8. The changes in law made by this Act to Sections | ||
105.008 and 231.0011, Family Code, apply to a suit affecting the | ||
parent-child relationship pending in a trial court on or filed on or | ||
after the effective date of this Act. | ||
SECTION 9. The change in law made by this Act to Section | ||
233.021(c), Family Code, applies only to a petition for | ||
confirmation of a nonagreed order filed on or after the effective | ||
date of this Act. A petition filed before the effective date of | ||
this Act is governed by the law in effect on the date the petition | ||
was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 10. The change in law made by this Act to Section | ||
233.024(a), Family Code, applies only to an agreed child support | ||
review order filed on or after the effective date of this Act. An | ||
order filed before the effective date of this Act is governed by the | ||
law in effect on the date the order was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 285 passed the Senate on | ||
April 29, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 285 passed the House on | ||
May 14, 2021, by the following vote: Yeas 129, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |