bill lets the child support office send notices by e-mail

The text as introduced · 2,644 words

89R5044 KRM-F

By: West
S.B. No. 1403

A BILL TO BE ENTITLED

AN ACT

relating to the collection, modification, and enforcement of child

support, and to certain procedures for child support cases and

orders.

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 may 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 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 , a

return of the process made under this section in a suit may not

include the address served and the court may 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

report is admissible as evidence of the truth of the information

contained in the record and does not require further authentication

or verification. A respondent may offer evidence controverting

income information contained in an investigation report submitted

under this subsection.

SECTION 11. Section 232.006(b), Family Code, is amended to

read as follows:

(b) Notice under this section may be served:

(1) if the party has been ordered under Chapter 105 to

provide the court and registry with the party's current mailing

address or e-mail address , by :

(A) mailing a copy of the notice to the

respondent, together with a copy of the petition, by first class

mail to the last mailing address of the respondent on file with the

court and the state case registry; or

(B) electronically mailing a copy of the notice

to the respondent, together with a copy of the petition, to the last

known e-mail address of the respondent on file with the court and

the state case registry; or

(2) as in civil cases generally.

SECTION 12. Section 233.006(a), Family Code, is amended to

read as follows:

(a) The notice of child support review issued by the Title

IV-D agency must:

(1) describe the procedure for a child support review,

including the procedures for requesting a negotiation conference;

(2) inform the recipient that the recipient may be

represented by legal counsel during the review process or at a court

hearing; and

(3) inform the recipient that if the recipient refuses

[ may refuse ] to participate or ceases [ cease ] participation in the

child support review process, [ but ] that the recipient's lack of

participation [ refusal by the recipient to participate ] will not

prevent the completion of the process or the filing of a child

support review order.

SECTION 13. Section 233.007(a), Family Code, is amended to

read as follows:

(a) A notice required in an administrative action under this

chapter may be delivered [ by personal service or first class mail ]

on each party entitled to citation or notice under [ as provided by ]

Chapter 102 by:

(1) personal service;

(2) first class mail; or

(3) e-mail to an address provided by the party to the

court or Title IV-D agency .

SECTION 14. Section 233.0155, Family Code, is amended 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 and judgment 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 15. Section 234.012, Family Code, is amended to

read as follows:

Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE

REGISTRY. Unless prohibited by a court in accordance with Section

105.006(c), the state case registry shall, on request under Section

231.301 and to the extent permitted by federal law, provide the

information required under Sections 105.006 and 105.008 in any case

included in the registry under Section 234.001(b) to:

(1) any party to the proceeding;

(2) an amicus attorney;

(3) an attorney ad litem;

(4) a friend of the court;

(5) a guardian ad litem;

(6) a domestic relations office;

(7) a prosecuting attorney or juvenile court acting in

a proceeding under Title 3; or

(8) a governmental entity or court acting in a

proceeding under Chapter 262.

SECTION 16. The changes in law made by Sections 201.1045(e)

and 231.109(f), Family Code, as added by this Act, apply only to a

proceeding commenced on or after the effective date of this Act.

SECTION 17. The changes in law made by Section 231.002(k),

Family Code, as added by this Act, and Section 233.0155, Family

Code, as amended by this Act, apply to a child support review order

regardless of whether the order was rendered before, on, or after

the effective date of this Act.

SECTION 18. The change in law made by Section 231.016,

Family Code, as amended by this Act, applies only to a suit filed on

or after the effective date of this Act. A suit 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 19. The changes in law made by Sections 231.1015 and

231.1016, Family Code, as amended by this Act, apply only to an

administrative adjustment of a support obligation for which notice

is filed by the Title IV-D agency on or after the effective date of

this Act. An administrative adjustment of a support obligation for

which notice is filed by the Title IV-D agency before the effective

date of this Act is governed by the law in effect on the date the

notice was provided, and the former law is continued in effect for

that purpose.

SECTION 20. The changes in law made by Sections 231.118(d),

232.006(b), 233.006(a), and 233.007(a), Family Code, as amended by

this Act, apply only to notice provided or a citation served on or

after the effective date of this Act. Notice provided or a citation

served before the effective date of this Act is governed by the law

in effect on the date the notice was provided or citation was

served, as applicable, and the former law is continued in effect for

that purpose.

SECTION 21. The change in law made by Section 231.104(c),

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 22. Not later than December 1, 2025, the Title IV-D

agency shall ensure that all Title IV-D brochures published by the

agency are available on the agency's Internet website as required

by Section 231.121, Family Code, as amended by this Act.

SECTION 23. The change in law made by Section 234.012,

Family Code, as amended by this Act, applies to information

requested on or after the effective date of this Act.

SECTION 24. This Act takes effect September 1, 2025.