HBA-SEB H.B. 2354 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2354
By: Goodman
Juvenile Justice and Family Issues
3/11/1999
Introduced

BACKGROUND AND PURPOSE 

Currently, the Office of the Attorney General-Child Support Division (Title
IV-D agency) provides a 66 percent federal funding match to a county for
child support services that the county provides. Due to an increase in the
filing of child support cases along with complex state and federal
mandates, counties expend  resources to cover costs and expenses of
providing child support services without 100 percent funding.  H.B. 2354
requires the Title IV-D agency to request an appropriation of funds from
the legislature to cover the costs and expenses that the federal government
does not reimburse.    
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 231.205, Family Code, as follows:

Sec. 231.205.  New title:  REQUEST FOR APPROPRIATION; LIMITATIONS ON
LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED FEES AND COSTS.  (a) Requires
the Title IV-D agency (Office of the Attorney General Child Support
Division)  to submit to the legislature a request for an appropriation of
funds to cover the costs and fees incurred by a county under this
subchapter (Payment of Fees and Costs) that are not reimbursed by the
federal government.  Prohibits the Title IV-D agency from expending funds
appropriated for any purpose other than the purpose of this subsection.
Provides that the Title IV-D agency is liable for those fees and costs if
the Title IV-D agency fails to make a request under this subsection.   

(b)  Provides that the Title IV-D agency is liable for a fee or cost under
this subchapter only to the extent that an express, specific appropriation
is made to the agency exclusively for that purpose, except as provided by
Subsection (a) and Section 234.006.  Makes a conforming change. 

(c)  Redesignated from Subsection (b).

SECTION 2.  Amends Subchapter A, Chapter 234, Family Code, as added by
Section 94, Chapter 911, Acts of the 75th Legislature, Regular Session,
1997, by adding Section 234.006, as follows: 

Sec. 234.006.  LIABILITY OF ATTORNEY GENERAL FOR COSTS AND FEES. Provides
that the Title IV-D agency is liable for the costs incurred in establishing
and operating the unified state case registry and disbursement unit.
Requires the Title IV-D agency to reimburse a county for an expense
incurred by the county related to establishing or operating the unified
state case registry and disbursement unit.  Prohibits the Title IV-D agency
from charging a county a fee for obtaining information from the unified
state case registry and disbursement unit. 

SECTION 3.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.