Bill Text: TX SB870 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to certain Title IV-D cases and other cases with respect to child support or Title IV-D agency services and to practices and procedures for the operation of the Title IV-D agency.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-05-23 - Effective on 9/1/23 [SB870 Detail]

Download: Texas-2023-SB870-Enrolled.html

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S.B. No. 870

AN ACT
relating to certain Title IV-D cases and other cases with respect to
child support or Title IV-D agency services and to practices and
procedures for the operation of the Title IV-D agency.
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 judgment or a determination of
arrearages by a court under Title 5, Family Code; or
(B) administratively determined as evidenced by
a certified child support payment record produced 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, Family Code; and
(2) for unpaid child support obligations under Section
154.015, Family Code.
SECTION 2. Section 154.004, Family Code, is amended by
amending Subsections (a) and (b) to read as follows:
(a) The court shall order the payment of child support,
medical support, and dental support to the state disbursement unit
as provided by Chapter 234.
(b) In a Title IV-D case, the court or the Title IV-D agency
shall order that income withheld for child support, medical
support, and dental support be paid to the state disbursement unit
of this state or, if appropriate, to the state disbursement unit of
another state.
SECTION 3. Subchapter A, Chapter 154, Family Code, is
amended by adding Section 154.017 to read as follows:
Sec. 154.017. EMPLOYMENT SERVICES-RELATED ORDERS FOR
UNEMPLOYED AND UNDEREMPLOYED OBLIGORS. (a) When establishing,
modifying, or enforcing a child support obligation, a court or
Title IV-D agency may render an order requiring an unemployed or
underemployed obligor to:
(1) enroll and participate fully in a program
available in the obligor's community that provides employment
assistance, skills training, or job placement services; or
(2) work, have a plan to pay child support, or
participate in work activities appropriate to pay the support
obligation.
(b) An order rendered under this section is enforceable as
provided by Chapter 157.
SECTION 4. Section 156.401(b), Family Code, is amended to
read as follows:
(b) Except as provided by Sections 231.1015, 231.1016, and
231.1017, a [A] support order may be modified with regard to the
amount of support ordered only as to obligations accruing after the
earlier of:
(1) the date of service of citation; or
(2) an appearance in the suit to modify.
SECTION 5. Section 157.321, Family Code, is amended to read
as follows:
Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. (a) A child
support lien claimant may at any time release a lien on all or part
of the property of the obligor or return seized property, without
liability, if assurance of payment is considered adequate by the
claimant or if the release or return will facilitate the collection
of the arrearages. The release or return may not operate to prevent
future action to collect from the same or other property owned by
the obligor.
(b) A release of child support lien filed by the Title IV-D
agency under this section does not require verification.
SECTION 6. Section 157.322, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) A release of child support lien filed by the Title IV-D
agency under this section does not require verification.
SECTION 7. Section 161.304, Family Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The clerk of the court shall provide a copy of an order
rendered under Subsection (c) to the Title IV-D agency.
SECTION 8. Subchapter B, Chapter 201, Family Code, is
amended by adding Section 201.1045 to read as follows:
Sec. 201.1045. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE
COMMUNICATION. (a) In this section, "remote communication"
includes teleconferencing, videoconferencing, and any similar
technology.
(b) Unless a party files a written objection and except as
provided by Subsection (d), an associate judge appointed under this
subchapter may conduct a proceeding or perform a judicial action
authorized under Section 201.104 from any location in this state
using remote communication.
(c) Except as provided by Subsection (d), an associate judge
appointed under this subchapter may require or authorize a party to
participate in a proceeding authorized under Section 201.104 using
a method of remote communication available to the party.
(d) A respondent is entitled to appear in person at a final
hearing that may result in a finding of contempt or revocation of
the respondent's community supervision under Chapter 157. The
respondent may waive the right to appear in person at the hearing in
writing or on the record. Unless the respondent waives that right,
the associate judge must also appear at the hearing in person.
SECTION 9. Section 231.002(e), Family Code, is amended to
read as follows:
(e) The Title IV-D agency may take the following
administrative actions with respect to the location of a parent,
the determination of parentage, and the establishment,
modification, and enforcement of child support, medical support,
and dental support orders required by 42 U.S.C. Section 666(c),
without obtaining an order from any other judicial or
administrative tribunal:
(1) issue an administrative subpoena, as provided by
Section 231.303, to obtain financial or other information;
(2) order genetic testing for parentage
determination, as provided by Chapter 233;
(3) order income withholding, as provided by Chapter
233, and issue an administrative writ of withholding, as provided
by Chapter 158; [and]
(4) take any action with respect to execution,
collection, and release of a judgment or lien for child support
necessary to satisfy the judgment or lien, as provided by Chapter
157; and
(5) adjust the support obligations of an incarcerated
obligor, as provided by Sections 231.1015, 231.1016, and 231.1017.
SECTION 10. Subchapter A, Chapter 231, Family Code, is
amended by adding Section 231.016 to read as follows:
Sec. 231.016. DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE
IV-D AGENCY OR TITLE IV-D AGENCY EMPLOYEE. A court may dismiss a
cause of action asserted in a suit filed against the Title IV-D
agency or an employee of the Title IV-D agency pertaining to the
powers or duties of, or services provided by, the Title IV-D agency
under this subtitle if the court determines the asserted cause of
action:
(1) is frivolous or malicious;
(2) fails to state a claim on which relief may be
granted; or
(3) seeks monetary relief from the agency or employee
for which immunity applies.
SECTION 11. Section 231.101, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) The Title IV-D agency shall distribute a child support
payment received on behalf of a child placed in substitute care as
described by Section 264.109 to the appropriate state agency in
accordance with applicable federal laws or regulations.
SECTION 12. Subchapter B, Chapter 231, Family Code, is
amended by adding Sections 231.1015, 231.1016, and 231.1017 to read
as follows:
Sec. 231.1015. ADMINISTRATIVE ADJUSTMENT OF SUPPORT
OBLIGATIONS DURING OBLIGOR'S INCARCERATION. (a) Subject to
Subsection (b), on verification by the Title IV-D agency that a
judgment or order has been rendered for the confinement of a child
support obligor in a local, state, or federal jail or prison for a
period of at least 180 consecutive days, the Title IV-D agency shall
review and administratively adjust the obligor's child support,
medical support, and dental support order to amounts that are based
on the application of the child support guidelines under Chapter
154 to the obligor's net resources during incarceration.
(b) This section does not apply if the Title IV-D agency
determines that the obligor is confined:
(1) due to the obligor's failure to comply with a child
support order; or
(2) for an offense constituting an act of family
violence, as defined by Section 71.004, committed against the
obligee or a child covered by the child support order.
(c) If the Title IV-D agency administratively adjusts a
support obligation under Subsection (a), the agency must:
(1) provide notice of the administrative adjustment to
the parties to the support order; and
(2) file a copy of the notice with the court of
continuing, exclusive jurisdiction.
(d) The notice provided under Subsection (c) must state:
(1) the amount of the obligor's adjusted support
obligation during incarceration;
(2) the effective date of the administrative
adjustment of the support obligation; and
(3) the style and cause number of the case in which the
support order was rendered.
(e) Notwithstanding Subsection (a), the Title IV-D agency
may seek modification of the support order under Subchapter E,
Chapter 156, in lieu of administratively adjusting the support
obligation under this section.
(f) The administrative adjustment of a support obligation
under this section may not take effect before the 30th day after the
date a copy of the notice is filed with the court of continuing,
exclusive jurisdiction under Subsection (c)(2).
(g) The administrative adjustment of a support obligation
under this section does not affect a support obligation due before
the effective date of the administrative adjustment.
(h) The Title IV-D agency may adopt rules to implement this
section.
Sec. 231.1016. REVIEW OF ADMINISTRATIVE ADJUSTMENT OF
SUPPORT OBLIGATIONS. (a) Not later than the 30th day after
receiving notice of an administrative adjustment of a support
obligation under Section 231.1015, a party to the support order may
contest the administrative adjustment by requesting that the Title
IV-D agency review the agency's decision to grant the
administrative adjustment.
(b) If a party to the support order does not request the
Title IV-D agency to review the administrative adjustment within
the time prescribed by Subsection (a), the Title IV-D agency shall
file an administrative adjustment order with the court of
continuing, exclusive jurisdiction. The order must contain a
signed statement from the Title IV-D agency that neither party to
the order requested an administrative review within the time
required by Subsection (a) and state the amount of the obligor's
adjusted support obligation during incarceration and the effective
date of the administrative adjustment. The court shall sign the
order not later than the seventh day after the date the order is
filed. On expiration of the seventh day after the date the order is
filed, the order is considered confirmed by the court by operation
of law, regardless of whether the court has signed the order.
(c) On request by a party under Subsection (a), the Title
IV-D agency shall:
(1) review the administrative adjustment of the
support obligation to determine whether:
(A) the exceptions under Section 231.1015(b)
apply; and
(B) the administrative adjustment accurately
reflects the obligor's net resources during incarceration; and
(2) provide an opportunity for review with the parties
in person or by telephone, as appropriate.
(d) After conducting a review under Subsection (c), the
Title IV-D agency shall:
(1) affirm the administrative adjustment of the
support obligation by issuing a notice of determination to the
parties regarding the agency's decision to affirm the
administrative adjustment; or
(2) withdraw the administrative adjustment of the
support obligation by filing a notice with the court of continuing,
exclusive jurisdiction withdrawing the administrative adjustment
and issuing a notice of determination to the parties regarding the
agency's decision to withdraw the administrative adjustment.
(e) Not later than the 30th day after a party receives
notice under Subsection (d)(1), the party may file a motion
requesting a hearing with the court of continuing, exclusive
jurisdiction to contest the Title IV-D agency's administrative
adjustment of the support obligation. The administrative
adjustment remains in effect until:
(1) the agency files a notice with the court of
continuing, exclusive jurisdiction withdrawing the administrative
adjustment; or
(2) the court renders an order regarding the
administrative adjustment.
(f) If a party to a support order does not file a motion
requesting a hearing with the court of continuing, exclusive
jurisdiction within the time prescribed by Subsection (e), the
Title IV-D agency shall file an administrative adjustment order
with the court of continuing, exclusive jurisdiction and shall
attach to the order a copy of the notice of determination issued
under Subsection (d)(1). The order must state the amount of the
obligor's adjusted support obligation during incarceration and the
effective date of the administrative adjustment. The court shall
sign the order not later than the seventh day after the date the
order is filed. On expiration of the seventh day after the date the
order is filed, the order is considered confirmed by the court by
operation of law, regardless of whether the court has signed the
order.
(g) The Title IV-D agency may adopt rules to implement this
section.
Sec. 231.1017. MODIFICATION OF SUPPORT OBLIGATION AFTER
OBLIGOR'S RELEASE FROM INCARCERATION. In a Title IV-D case, on the
release of an obligor whose support obligations were
administratively adjusted during incarceration under Section
231.1015, the Title IV-D agency shall review the obligor's support
order as provided by Section 231.101 to determine if modification
is necessary and may proceed under Chapter 156 or 233.
SECTION 13. Section 231.108, Family Code, is amended by
adding Subsection (h) to read as follows:
(h) A court may not order the Title IV-D agency to release
information that is confidential or privileged under this section.
SECTION 14. The heading to Section 231.117, Family Code, is
amended to read as follows:
Sec. 231.117. EMPLOYMENT SERVICES-RELATED REFERRALS FOR
UNEMPLOYED AND UNDEREMPLOYED OBLIGORS.
SECTION 15. Section 231.117(a), Family Code, is amended to
read as follows:
(a) The Title IV-D agency:
(1) shall refer to appropriate state and local
entities that provide employment services any unemployed or
underemployed obligor who is in arrears in court-ordered child
support payments; and
(2) may make the referral described by Subdivision (1)
for any unemployed or underemployed obligor who is not in arrears.
SECTION 16. Chapter 233, Family Code, is amended by adding
Section 233.0155 to read as follows:
Sec. 233.0155. ISSUANCE AND ENFORCEMENT OF CHILD SUPPORT
REVIEW ORDER CONTAINING DETERMINATION OF ARREARAGES; TIME
LIMITATION NOT APPLICABLE. The Title IV-D agency's authority to
issue and enforce a child support review order containing a
determination of arrearages is not subject to the time limitation
prescribed by Section 157.005(b) on the court's jurisdiction to
confirm the amount of and render cumulative money judgments for
arrearages.
SECTION 17. Section 233.018(e), Family Code, is amended to
read as follows:
(e) Notwithstanding Subsection (a)(2) or Section
132.001(d), Civil Practice and Remedies Code, the [mailing] address
of a party shall be omitted from the child support review order and
any waiver signed under this section 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 18. Section 233.020(a), Family Code, is amended to
read as follows:
(a) A petition for confirmation of a child support review
order not agreed to by the parties:
(1) must include the final review order as an
attachment to the petition; and
(2) may include a waiver of service executed under
Section 233.018 [233.018(b)] and an agreement to appear in court
for a hearing.
SECTION 19. Section 234.001(d), Family Code, is amended to
read as follows:
(d) A certified child support payment record produced by the
Title IV-D agency or state disbursement unit is admissible as
evidence of the truth of the information contained in the record and
does not require further authentication or verification.
SECTION 20. Subchapter A, Chapter 234, Family Code, is
amended by adding Sections 234.0015 and 234.013 to read as follows:
Sec. 234.0015. CHILD SUPPORT PAYMENTS. For purposes of
services provided by the state disbursement unit under this
subchapter, a child support payment includes child support, medical
support, and dental support ordered under Chapter 154.
Sec. 234.013. APPLICABILITY TO CERTAIN MAINTENANCE
PAYMENTS. The state disbursement unit shall administer maintenance
payments ordered under Section 8.062 in the same manner as child
support payments under this subchapter.
SECTION 21. Section 552.117(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a current or honorably retired peace officer as
defined by Article 2.12, Code of Criminal Procedure, or a current or
honorably retired security officer commissioned under Section
51.212, Education Code, regardless of whether the officer complies
with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2.12, Code of
Criminal Procedure, or other law, a reserve law enforcement
officer, a commissioned deputy game warden, or a corrections
officer in a municipal, county, or state penal institution in this
state who was killed in the line of duty, regardless of whether the
deceased complied with Section 552.024 or 552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters, regardless of whether the current or former attorney
complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(15) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a family member of a current
or former federal judge, including a federal bankruptcy judge, a
marshal of the United States Marshals Service, a United States
attorney, or a state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department;
(17) an elected public officer, regardless of whether
the officer complies with Section 552.024 or 552.1175;
(18) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse or child of the current or former attorney or public
defender, regardless of whether the person complies with Section
552.024 or 552.1175; or
(19) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code, regardless of whether the firefighter or
volunteer firefighter or emergency medical services personnel
comply with Section 552.024 or 552.1175, as applicable.
SECTION 22. Section 552.1175(a), Government Code, is
amended to read as follows:
(a) This section applies only to:
(1) current or honorably retired peace officers as
defined by Article 2.12, Code of Criminal Procedure, or special
investigators as described by Article 2.122, Code of Criminal
Procedure;
(2) current or honorably retired county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(5-a) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(8) current or honorably retired police officers and
inspectors of the United States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement or are performed
under Chapter 231, Family Code;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department;
(13) federal judges and state judges as defined by
Section 1.005, Election Code;
(14) current or former employees of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office;
(15) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(17) an elected public officer;
(18) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code; and
(19) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender.
SECTION 23. Section 12.0011(d), Property Code, is amended
to read as follows:
(d) This section does not apply to a child support lien
notice or release of child support lien issued by the Title IV-D
agency under Chapter 157, Family Code. For purposes of this
subsection, "Title IV-D agency" has the meaning assigned by Section
101.033, Family Code.
SECTION 24. Section 240.151, Property Code, is amended by
amending Subsections (g) and (h) and adding Subsection (i) to read
as follows:
(g) A disclaimer by a child support obligor is barred as to
disclaimed property that could be applied to satisfy the
disclaimant's child support obligations if those obligations have
been:
(1) administratively determined as evidenced by a
certified child support payment record produced 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, Family Code]; or
(2) confirmed and reduced to judgment as provided by
Section 157.263, Family Code.
(h) If Subsection (g) applies, the child support obligee to
whom child support arrearages are owed or the Title IV-D agency may
enforce the child support obligation against the disclaimant as to
disclaimed property by a lien or by any other remedy provided by
law.
(i) In this section:
(1) "Title IV-D agency" has the meaning assigned by
Section 101.033, Family Code.
(2) "Title IV-D case" has the meaning assigned by
Section 101.034, Family Code.
SECTION 25. Section 25.025(a), Tax Code, is amended to read
as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2.12, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2.122(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer; and
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 26. Section 231.117(d), Family Code, is repealed.
SECTION 27. The change in law made by Section 355.102(e),
Estates Code, as amended by this Act, applies only to the estate of
a decedent who dies on or after the effective date of this Act. The
estate of a decedent who dies before the effective date of this Act
is governed by the law in effect on the date of the decedent's
death, and the former law is continued in effect for that purpose.
SECTION 28. The changes in law made by Section 154.017,
Family Code, as added by this Act, and Section 231.117, Family Code,
as amended by this Act, do not constitute a material and substantial
change of circumstances under Section 156.401, Family Code,
sufficient to warrant modification of a court order or a portion of
a decree that provides for the support of a child rendered before
the effective date of this Act.
SECTION 29. The changes in law made by Section 157.321,
Family Code, as amended by this Act, Section 157.322(c), Family
Code, as added by this Act, and Section 12.0011(d), Property Code,
as amended by this Act, apply only to a child support lien release
executed on or after the effective date of this Act. A child
support lien release executed before the effective date of this Act
is governed by the law in effect on the date the lien release was
executed, and the former law is continued in effect for that
purpose.
SECTION 30. The change in law made by Section 161.304(c-1),
Family Code, as added by this Act, applies only to an order
reinstating parental rights that is rendered on or after the
effective date of this Act. An order rendered before the effective
date of this Act is governed by the law in effect on the date the
order was rendered, and the former law is continued in effect for
that purpose.
SECTION 31. The change in law made by Section 201.1045,
Family Code, as added by this Act, applies to a proceeding conducted
or judicial action performed on or after the effective date of this
Act.
SECTION 32. The change in law made by Section 231.016,
Family Code, as added by this Act, applies only to a suit filed on or
after the effective date of this Act.
SECTION 33. The change in law made by Section 231.101(f),
Family Code, as added by this Act, applies only to a child support
payment received by the Title IV-D agency on or after the effective
date of this Act. A child support payment received by the Title
IV-D agency before that date is governed by the law in effect on the
date the payment was received, and the former law is continued in
effect for that purpose.
SECTION 34. (a) The changes in law made by Section
231.002(e), Family Code, as amended by this Act, and Sections
231.1015, 231.1016, and 231.1017, Family Code, as added by this
Act, apply to a child support order regardless of whether the order
was rendered before, on, or after the effective date of this Act.
(b) The change in law made by this Act described by
Subsection (a) of this section constitutes a material and
substantial change of circumstances under Section 156.401, Family
Code, sufficient to warrant modification of a court order or a
portion of a decree that provides for the support of a child
rendered before the effective date of this Act.
SECTION 35. The change in law made by Section 233.0155,
Family Code, as added by this Act, applies to a child support review
order issued by the Title IV-D agency on or after the effective date
of this Act regardless of whether the original child support order
was rendered before, on, or after that date.
SECTION 36. The change in law made by Section 233.018(e),
Family Code, as amended by this Act, applies only to an agreed child
support review order filed on or after the effective date of this
Act. An agreed child support review order filed before that date 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 37. The change in law made by Section 234.001(d),
Family Code, as amended by this Act, applies only to the
admissibility of evidence in a proceeding commenced on or after the
effective date of this Act. The admissibility of evidence in a
proceeding that commences before the effective date of this Act is
governed by the law in effect on the date the proceeding commenced,
and the former law is continued in effect for that purpose.
SECTION 38. The changes in law made by Section 154.004,
Family Code, as amended by this Act, and Sections 234.0015 and
234.013, Family Code, as added by this Act, apply to a child support
or maintenance payment made on or after the effective date of this
Act regardless of whether the order for child support or
maintenance was rendered before, on, or after the effective date of
this Act.
SECTION 39. The changes in law made by Sections 552.117(a)
and 552.1175(a), Government Code, and Section 25.025(a), Tax Code,
as amended by this Act, apply only to a request for information that
is received by a governmental body or an officer on or after the
effective date of this Act. A request for information that was
received before the effective date of this Act is governed by the
law in effect on the date the request was received, and the former
law is continued in effect for that purpose.
SECTION 40. The change in law made by Section 240.151,
Property Code, as amended by this Act, applies only to a disclaimer
made on or after the effective date of this Act. A disclaimer made
before the effective date of this Act is governed by the law in
effect at the time the disclaimer was made, and the former law is
continued in effect for that purpose.
SECTION 41. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 870 passed the Senate on
April 3, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 870 passed the House on
May 9, 2023, by the following vote: Yeas 136, Nays 6, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor