HB4034 - Relating to the administration of the Title IV-D agency, the powers and duties of the Title IV-D agency regarding the collection, modification, and enforcement of child support, and to certain procedures for cases and orders relating to the Title IV-D agency.

  89R14784 KRM-F     By: Dutton H.B. No. 4034     Substitute the following for H.B. No. 4034:     By:  Leach C.S.H.B. No. 4034       A BILL TO BE ENTITLED   AN ACT   relating to the administration of the Title IV-D agency, the powers   and duties of the Title IV-D agency regarding the collection,   modification, and enforcement of child support, and to certain   procedures for cases and orders relating to the Title IV-D agency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 201.1045, Family Code, is amended by   adding Subsection (e) to read as follows:           (e)     Section 30.012(b), Civil Practice and Remedies Code,   does not apply to a proceeding conducted using remote communication   under this section.          SECTION 2.  Section 231.002, Family Code, is amended by   amending Subsection (j) and adding Subsection (k) to read as   follows:          (j)  In the establishment, enforcement , or modification of a   child support order, the Title IV-D agency is not:                (1)  subject to a mediation or arbitration clause or   requirement in the order to which the Title IV-D agency was not a   party; or                (2)  liable for any costs associated with mediation or   arbitration [ arising from provisions in the order or another   agreement of the parties ].           (k)     The Title IV-D agency may cease child support   enforcement services against an obligor for child support   arrearages if the obligee is confined in a local, state, or federal   jail or prison for an offense constituting an act of family violence   committed against a child covered by the child support order.          SECTION 3.  Section 231.016, Family Code, is amended to read   as follows:          Sec. 231.016.  DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE   IV-D AGENCY , [ OR ] TITLE IV-D AGENCY EMPLOYEE , OR CONTRACTED   ATTORNEY OR POLITICAL SUBDIVISION .  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 , or an attorney or a political   subdivision with which the Title IV-D agency has contracted under   this chapter, 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 4.  Section 231.1015, Family Code, is amended by   amending Subsections (a) and (d) and adding Subsection (d-1) to   read as follows:          (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 may 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.          (d)  The notice provided under Subsection (c) must :                 (1)   state:                       (A)  [ (1) ]  the amount of the obligor's adjusted   support obligation during incarceration;                       (B)  [ (2) ]  the effective date of the   administrative adjustment of the support obligation; and                       (C)  [ (3) ]  the style and cause number of the case   in which the support order was rendered ;                 (2)     be in the form prescribed by the Title IV-D agency;   and                 (3)     be sent to the party's last known residence   address, mailing address, or e-mail address provided to the Title   IV-D agency, except that if no updated addresses have been provided   to the Title IV-D agency, the notice may be sent to the party's   residence address, mailing address, or e-mail address listed in the   most recent order on file with the clerk of the court .           (d-1)     A court shall consider due process requirements for   notice and service of process to be met with regard to a party   affected by an administrative adjustment of a support obligation   under this section if notice is provided to the party in compliance   with Subsection (d)(3).          SECTION 5.  Section 231.1016, Family Code, is amended by   amending Subsections (c) and (e) and adding Subsections (f-1),   (f-2), (f-3), and (f-4) to read as follows:          (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   contesting party [ parties ] in person , [ or ] by telephone, or by   remote communication including teleconferencing,   videoconferencing, or other similar technology, as determined   appropriate by the Title IV-D agency .          (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.   A timely filed request for a   hearing under this subsection stays the administrative adjustment   of the support obligation pending the hearing.   The court shall hold   the hearing not later than the 30th day after the date the request   is filed.   At the hearing, the court shall review only the Title   IV-D agency's determinations described by Section 231.1015(b) in a   trial de novo [ 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-1)     The Title IV-D agency may file together with an   administrative adjustment order under this section an   investigation report that includes any factual findings supporting   the administrative adjustment order, including findings supporting   the Title IV-D agency's compliance with Section 231.1015(d)(3).   The investigation report must be in the form prescribed by the Title   IV-D agency and signed by an agent of the Title IV-D agency. Unless   a party contests the findings of the investigation report under   Subsection (e), the investigation report conclusively establishes   the findings.           (f-2)     An administrative adjustment order filed under this   section must be in the form prescribed by the Title IV-D agency.           (f-3)     Notwithstanding Section 105.006, an administrative   adjustment order filed under this section may not include the   social security number, driver's license number, residence   address, mailing address, home telephone number, name of employer,   address of employment, or work telephone number of a party 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 Title IV-D agency indicates in an   investigation report filed under Subsection (f-1) that the Title   IV-D agency excluded the information of a party from the   administrative adjustment order based on a family violence   indicator that the Title IV-D agency placed on the case and recorded   in the agency's unified enforcement system.           (f-4)     On the filing of an administrative adjustment order,   the clerk of the court may collect the fees authorized in a Title   IV-D case by this chapter.          SECTION 6.  Section 231.104(c), Family Code, is amended to   read as follows:          (c)  Filing a notice of assignment of support rights, a   notice of change of payee under Section 231.105, a child support   payment record produced by the Title IV-D agency, 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 7.  Section 231.109, Family Code, is amended by   adding Subsection (f) to read as follows:           (f)     An attorney employed to provide Title IV-D services may,   without notice to the parties, represent the Title IV-D agency at a   court proceeding in an action brought under this title.          SECTION 8.  Section 231.118(d), Family Code, is amended to   read as follows:          (d)  Notwithstanding Subsection (c) or any other law or rule ,   a return of the process made under this section in a suit may not   include the address served and the court shall consider due process   requirements for notice and service of process to be met with   respect to a party if:                (1)  a pleading filed in the suit requests a finding   under Section 105.006(c); or                (2)  the court has previously made a finding and   ordered nondisclosure under Section 105.006(c) relating to the   party [ parties ] and the order has not been superseded.          SECTION 9.  Section 231.121, Family Code, is amended to read   as follows:          Sec. 231.121.  AVAILABILITY OF BROCHURES. The Title IV-D   agency shall ensure that all Title IV-D brochures published by the   agency are available to the public on the agency's Internet website   and, on the request of the clerk of a district court, at courthouses   where family law cases are heard in the county in which that   district court is located [ state ].          SECTION 10.  Section 231.302, Family Code, is amended by   adding Subsection (b-1) to read as follows:           (b-1)     After conducting an investigation and assessment of a   party's financial resources in a child support action under this   title, the Title IV-D agency may prepare and submit to the court an   investigation report indicating the agency's findings regarding   the party's average monthly gross income based on information   obtained under Subsection (a).   The Title IV-D agency investigation   report must be signed by the agent who prepared the report.   The   investigation report is admissible as e [Text truncated for display. Full text available on Congress.gov.]