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


Office of House Bill AnalysisC.S.H.B. 2354
By: Goodman
Juvenile Justice and Family Issues
3/19/1999
Committee Report (Substituted)

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.  C.S.H.B.
2354 requires the Title IV-D agency to be liable for the amount of costs
and fees that represent the state share if the federal government disallows
a federal share of reimbursement or if the federal share is not otherwise
received.  It also makes the Title IV-D agency liable for establishing and
operating the state case registry and state disbursement unit for
maintaining and monitoring records of child support orders and obligations. 

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.  LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL FOR AUTHORIZED
FEES AND COSTS.  Deletes existing text regarding the liability of the Title
IV-D agency (Office of the Attorney General-Child Support Division) for a
fee or cost under this subchapter (Payment of Fees and Costs) to the extent
that an express, specific appropriation is made to the Title IV-D agency
exclusively for that purpose.  Requires the Title IV-D agency to be liable
for the amount of costs and fees that represent the state share if the
federal government disallows a federal share of reimbursement or if the
federal share is not otherwise received.  

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 state case registry and state disbursement unit that
maintains and monitors records of child support orders and obligations.
Requires the Title IV-D agency to reimburse a county for the expenses
incurred by the county in the initial gathering of data regarding court
orders necessary to establish the records under Section 234.001
(Establishment and Operation of Unified Registry and Disbursement Unit).
Requires the Title IV-D agency to provide to a local registry specific
computer equipment and connectivity necessary for the operation of the
state disbursement unit.  Prohibits the Title IV-D agency from charging a
county a fee for obtaining information from the state case registry and
state disbursement unit. 

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

SECTION 4.  Emergency clause.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1, by amending Section
231.205, Family Code, to require the Title IV-D agency to be liable for the
amount of costs and fees that represent the state share if the federal
government disallows a federal share of reimbursement or if the federal
share is not otherwise received.  Deletes existing text regarding the
liability of the Title IV-D agency for a fee or cost under this subchapter
(Payment of Fees and Costs) to the extent that an express, specific
appropriation is made to the Title IV-D agency exclusively for that
purpose.  Deletes proposed new language requiring the Title IV-D agency to
submit a request for funds to the legislature to cover the costs and fees
that are not reimbursed by the federal government and making the Title IV-D
agency liable for those fees and costs incurred by a county in the absence
of such a request.  Deletes language modifying the title of this section.   

The substitute modifies the original in SECTION 2, by amending Subchapter
A, Chapter 234, Family Code, as added by Section 94, Chapter 911, Acts of
the 75th Legislature, Regular Session, 1997, by adding a new Subsection (c)
to require the Title IV-D agency to provide to a local registry specific
computer equipment and connectivity necessary for the operation of the
state disbursement unit. Refers to the state case registry and state
disbursement unit, rather than the unified state case registry and
disbursement unit.  Redesignates Subsection (c) in the original to
Subsection (d).