HBA-JRA C.S.S.B. 368 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 368
By: Harris
Juvenile Justice and Family Issues
5/7/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the child support division of the Office of the Attorney General
(division) is responsible for enforcing certain child support cases.  After
an extensive review process, suggestions were made to the division on
updating and creating an efficient process for collecting and distributing
child support payments.  C.S.S.B. 368 makes statutory modifications to
implement the child support enforcement provisions of the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, grants
rulemaking authority, and creates civil and criminal penalties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Title IV-D agency and bureau of
vital statistics in SECTION 34 (Section 160.215, Family Code), and the
Title IV-D agency in SECTIONS 49, 50, and 64 (Section 231.108, 231.115,
and 234.006,  Family Code) 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 101, Family Code, by amending Sections 101.021
and 101.024, and adding Sections 101.0021 and 101.0302, as follows: 

 Sec.  101.0021.  BUREAU OF VITAL STATISTICS.  Defines "bureau of vital
statistics." 

 Sec.  101.021.  OBLIGEE.  Redefines "obligee."

 Sec.  101.024.  PARENT.  Redefines "parent."

 Sec.  101.0302.  STATE DISBURSEMENT UNIT.  Defines "state disbursement
unit." 

SECTION 2.  Amends Sections 102.009(a) and (b), Family Code, to entitle the
Title IV-D agency (agency), rather than the attorney general, to service of
citation if the petition requests the termination of the parent-child
relationship and support rights have been assigned to the Title IV-D
agency, rather than assigned by the Title IV-D agency. Requires notice to
be given to the agency, rather than the attorney general, if the petition
requests the recission of a voluntary acknowledgment of paternity. 

SECTION 3.  Amends Section 105.002(b), Family Code, to prohibit a party
from demanding a jury trial in a suit to determine parentage under Chapter
160, Family Code.  Makes conforming changes. 

SECTION 4.  Amends Section 108.008, Family Code, to provide that a court
clerk prepares a report of determination of paternity, rather than a
declaration.  Deletes the deadline for forwarding a report. Makes
conforming changes. 

SECTION 5.  Amends Section 111.001, Family Code, as follows:

Sec. 111.001.  REVIEW OF GUIDELINES.  (a)  Requires the standing committees
of each house of the legislature having jurisdiction over family law issues
to review and revise the guidelines for possession of and access to a child
under Chapter 153 and for support of a  child under Chapter 154.  Deletes
text relating to the appointment of an advisory committee to assist the
legislature in reviewing the guidelines in this title. 

(b)  Authorizes the lieutenant governor, the speaker of the house of
representatives, and the attorney general to each appoint five members to a
committee to review and make recommendations on the guidelines for the
possession of, access to, and support of a child.  Requires the lieutenant
governor and the speaker of the house of representatives to each appoint
one member who has been appointed as a sole or joint managing conservator
of a child and one member who has been appointed as a possessory
conservator of a child.  Deletes language providing that at least five
members of the committee must be or have been managing conservators,
possessory conservators, ordered to pay child support, or entitled to
receive child support. 

(c)  Requires the lieutenant governor to designate from the committee
members the presiding officer of the committee and requires the speaker of
the house of representatives to designate from the committee members the
assistant presiding officer.  Deletes the requirement that guidelines be
reviewed at least once every four years. 

(d)  Requires the agency to submit a report to the standing committees of
each house of the legislature having jurisdiction over family law issues by
December 1 of each oddnumbered year.  Sets forth the information the report
must contain. 

SECTION 6.  Amends Section 151.002(a), Family Code, to delete the provision
that a man is presumed to be the biological father of a child if he
consents in writing to be named as the child's father on the child's birth
certificate without attempting to marry the mother or if he receives the
child into his home before the child reaches the age of majority and openly
holds out the child as his biological child. 

SECTION 7.  Amends Section 154.001, Family Code, by adding Subsection (c),
as follows: 

(c)  Authorizes the court to render an order providing that a nonparent or
agency having physical possession is authorized to receive, hold, or
disburse child support payments if neither parent has physical possession
or conservatorship of the child. 

SECTION 8.  Amends Sections 154.004 and 154.006, Family Code, 

Sec. 154.004.  PLACE OF PAYMENT.  Requires the court to order the payment
of child support to, rather than through, a local registry, the Title IV-D
agency, or the state disbursement unit, as provided by Chapter 234, as
added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997.
Makes conforming changes. 

Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT.  Provides that any provision
regarding conservatorship of, possession of, or access to a child
terminates upon the marriage of the obligor and obligee to each other,
unless a nonparent or agency has been appointed conservator of the child
under Chapter 153. 

SECTION 9.  Amends Sections 154.242 and 154.243, Family Code, to make
conforming changes. 

SECTION 10.  Amends Sections 155.205(a) and (b), Family Code, to make
conforming changes. 

SECTION 11.  Amends Subchapter E, Chapter 156, Family Code, by adding
Section 156.409, as follows: 

Sec.  156.409.  CHANGE IN PHYSICAL POSSESSION.  Authorizes the court to
modify a child support order to allow the person having possession of the
child to receive and give receipts for  payments of child support and to
hold or disburse money for the benefit of the child if the sole managing
conservator of a child or the joint managing conservator who designates the
child's primary residence has voluntarily relinquished the actual care,
control, and possession of the child for at least six months. 
 
SECTION 12.  Amends Section 157.005(b), Family Code, to provide that the
court retains jurisdiction until all current child support, medical
support, and child support arrears, including interest and any applicable
fees and costs, have been paid, rather than if a motion for enforcement
requesting a money judgment is filed by a certain date. 

SECTION 13.  Amends Section 157.102, Family Code, to require, rather than
authorize, the forwarding of the capias. 

SECTION 14.  Amends Section 157.166(b), Family Code, by amending Subsection
(b) and adding Subsection (c), as follows: 

(b)  Provide that if the order imposes incarceration or a fine for criminal
contempt, an enforcement order must contain findings which identify the
provisions of the order, and the date of each occasion when the
respondent's failure to comply with the order was found to constitute
criminal contempt.  

(c)  Provides that the enforcement order must state the specific conditions
for release, if incarceration is imposed for civil contempt. 

SECTION 15.  Amends Section 157.167, Family Code, by adding Subsection (c),
as follows: 

(c)  Authorizes the fees and costs ordered under this section to be
enforced by any available means, including contempt. 

SECTION 16.  Amends Section 157.269, Family Code, to provide that a court
retains jurisdiction until all current support, medical support, and child
support arrearages, including interest and any applicable fees and costs,
have been paid, rather than until the arrearages are paid in full. 

SECTION 17.  Amends Section 157.317(a), Family Code, to provide that a
child support lien attaches to property not exempt under the Texas
Constitution or other law, including a depository account in a financial
institution, including a mutual fund money market account, or a retirement
plan.  Makes conforming changes. 

SECTION 18.  Amends Section 158.003(a), Family Code, to make a
nonsubstantive change. 

SECTION 19.  Amends Sections 158.004 and 158.007, Family Code, to make
conforming changes. 

SECTION 20.  Amends Sections 158.102-158.104, Family Code, as follows:

Sec.  158.102.  TIME LIMITATIONS.  Authorizes the issuance of an order or
writ for income withholding, until any applicable fees and costs have been
paid.  Makes conforming changes. 

Sec.  158.103.  New title:  CONTENTS OF ORDER OR WRIT OF WITHHOLDING.
Provides that a writ of withholding must contain only the information that
is necessary for an employer or other entity to comply with the existing
child support order, including the amount of income to be withheld and
remitted.  Deletes the requirement that the order state that the obligor is
required to notify the court promptly of any change affecting the order and
that the ordered amount is required to be paid to a local registry or the
agency. 

Sec.   158.104.  New title:  REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT
OF WITHHOLDING.  Authorizes a request for issuance of a judicial writ of
withholding to be filed with a domestic relations office or an attorney
representing certain parties. 

SECTION 21.  Amends Section 158.105, Family Code, as follows:

Sec.  158.105.  New title:  ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL WRIT
OF WITHHOLDING.  Authorizes electronic transmission as a means to deliver
an  order or judicial writ of withholding.  Makes conforming changes. 

SECTION 22.  Amends Section 158.106, Family Code, by amending Subsection
(a) and adding Subsection (d), as follows: 

(a)  Requires the agency to prescribe forms as authorized by federal law in
a standard format entitled order or notice to withhold income for child
support, rather than forms for an order of withholding, a notice of
application for judicial writ of withholding, a judicial writ of
withholding, and an administrative writ of withholding. 

(d)  Authorizes the forms prescribed by the agency under this section to be
used to request voluntary withholding under Section 158.011 (Voluntary
Withholding by Obligor). 

SECTION 23.  Amends Section 158.203, Family Code, by amending Subsection
(b) and adding Subsections (c) and (d), as follows: 

(b)  Requires an employer to transmit payments made by electronic transfer
by the second business day after the pay date.   

(c)  Requires the employer to include the name of the county or the
county's federal information processing standard code with each payment
transmission.  Redesignated from existing Subsection (b). 

(d)  Requires the employer to remit the payment of child support directly
to the local registry, the agency, or to the state disbursement unit in a
case in which an obligor's income is subject to withholding. 

SECTION 24.  Amends Section 158.210(a), Family Code, to provide that an
employer may be subject to a maximum $200 fine for failure to withhold
income for child support as instructed in an order or writ issued under
this chapter or failure to remit withheld income within the time required
by Section 158.203(b) to the payee identified in the order or writ or to
the state disbursement unit. 

SECTION 25.  Amends Section 158.211(a), Family Code, to require an obligor
to notify the court or the agency if employment is terminated. 

SECTION 26.  Amends Subchapter C, Chapter 158, Family Code, to add Section
158.212, as follows: 

Sec.  158.212.  IMPROPER PAYMENT.  Requires an employer who incorrectly
remits a payment to the agency or person identified in the order or
withholding to remit the payment by the second business date after the date
the employer receives the returned payment. 

SECTION 27.  Amends Section 158.312(b), Family Code, to prohibit the filing
of a request for issuance prior to the 11th day after the date of receipt
of the notice of application for judicial writ of withholding by the
obligor. 

SECTION 28.  Amends Sections 158.501 and 158.502, Family Code, as follows:

Sec.  158.501.  New heading:  ISSUANCE OF ADMINISTRATIVE WRIT OF
WITHHOLDING BY TITLE IV-D AGENCY.  Provides that the agency is the only
entity authorized to issue an administrative writ under this subchapter.
Makes a conforming change. 

Sec.  158.502.  WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE ISSUED.
Authorizes a writ to be based on an obligation in multiple support orders.
Authorizes the agency to issue an administrative writ directing or
modifying arrearage withholdings.  Authorizes the agency to issue an
administrative writ of withholding as a reissuance of an existing order.
Exempts the administrative writ under this subsection from the contest
provisions of Sections 158.505(a)(2) and 158.506, Family Code. 
   
SECTION 29.  Amends Sections 158.503(a) and (b), Family Code, to authorize
the delivery of an administrative writ of withholding to an obligor and an
obligee, and authorizes the electronic signing of the certificate.  Makes a
conforming change. 

SECTION 30.  Amends Section 158.504(b), Family Code, to authorize an
administrative writ of withholding to contain only the information
necessary for the employer to comply with the existing support, rather than
withholding, order. 

SECTION 31.  Amends Section 158.505(a), Family Code, to provide that
Section 158.502(c) provides an exception to the requirement that the agency
send the obligor notice of the procedures to contest withholding on the
grounds that the identity of the obligor the existence or amount of
arrearages is incorrect.  Makes a nonsubstantive change. 

SECTION 32.  Amends Section 158.506(a), Family Code, to authorize an
obligor who receives notice under Section 158.505, rather than 158.503,
Family Code, to request a review by the agency and to provide that Section
158.502(c) provides an exception to this authorization. 

SECTION 33.  Amends Sections 160.001 and 160.004, Family Code, to provides
that this chapter governs a suit affecting the parent-child relationship in
which the parentage of the biological mother or biological father is
voluntarily admitted by the putative father or jointly acknowledge by the
mother and putative father.  Authorizes the court to render a temporary
order authorized in a suit under this title if the man executes a statement
of paternity under Subchapter C, Family Code. 

SECTION 34.  Amends Subchapter C, Chapter 160, Family Code, as follows:

SUBCHAPTER C.  New title:  ACKNOWLEDGMENT OR DENIAL OF PATERNITY

Sec.  160.201.  New title:  VOLUNTARY ACKNOWLEDGMENT OF PATERNITY.
Authorizes a mother and a man claiming to be the father of a child to
execute an acknowledgment of paternity to establish the man's paternity.
Deletes text regarding a statement of paternity, an order adjudicating the
child to be the child of the father, and a suit for paternity termination. 

Sec.  160.202.  New title:  EXECUTION OF ACKNOWLEDGMENT OF PATERNITY.
Provides that, if the mother declares in the acknowledgment that there is a
presumed father of the child, the acknowledgment must be accompanied by a
denial of paternity signed by the presumed father, unless the presumed
father is the man who has signed the acknowledgment. Deletes text regarding
a waiver of citation and the right to notice of the proceedings.  Makes
conforming changes.  

Sec.  160.203.  New title:  FILING ACKNOWLEDGMENT OF PATERNITY.  Requires
an acknowledgment of paternity to be filed with the bureau of vital
statistics.  Prohibits the bureau of vital statistics from charging a
filing fee.  Deletes text providing that a statement of paternity is prima
facie evidence that the child is the child of the person executing the
statement, that the person has an obligation to support the child and that
the statement is sufficient for a court to render an order establishing the
man's paternity. 

Sec.  160.204.  New title:  SIGNING OF ACKNOWLEDGMENT OR DENIAL OF
PATERNITY.  Authorizes the mother's and putative father's signature to be
on separate documents for an acknowledgment or denial of paternity document
(paternity document). Authorizes the signing of a paternity document prior
to the child's birth.  Authorizes an adult or a minor to sign a paternity
document.  Deletes text regarding disputed paternity. 

Sec.  160.205.  New title:  EFFECT OF ACKNOWLEDGMENT OF PATERNITY. Provides
that a paternity document is a legal finding of paternity upon filing with
the bureau of vital statistics, subject to the right to rescind or contest
an acknowledgment of paternity under this subchapter.  Provides that the
paternity document is voidable if the mother or the man claiming to be the
father denies the existence of a presumed father.  Deletes text  regarding
a deadline for a statement. 

Sec.  160.206.  SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL.  Authorizes a
paternity document signer to file a suit to rescind the paternity document.
Sets forth deadlines for the petition to rescind or deny the paternity
document.  Requires the court to order the bureau of vital statistics to
remove the father's name from the child's birth record if a proceeding to
rescind a paternity document is filed jointly or agreed to by all necessary
parties.  Requires the court to conduct a hearing to determine parentage if
the proceeding to rescind is not agreed to by all parties. 

Sec.  160.207.  SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL.  Authorizes a
person who is authorized to contest a presumption of paternity to contest a
paternity document and sets forth guidelines for such a suit.  Provides
that the burden of proof lies with the party challenging the paternity
document.  Requires a suit to contest the paternity document to be
conducted in the same manner as a proceeding to determine parentage.
Provides that a person must bring such a suit by the fourth anniversary of
the date the paternity document is filed.  Prohibits a suit to contest an
unrescinded paternity document from being filed after the date a court has
rendered an order based on the paternity document. Prohibits a collateral
attack on a paternity document executed under this subchapter from being
filed after the fourth anniversary of the date the paternity document is
filed with the bureau of vital statistics, notwithstanding any other
provision of this chapter. 

Sec.  160.208.  PROCEDURE FOR SUIT TO RESCIND OR CONTEST.  Requires each
paternity document signer to be made a party to a suit to rescind, contest,
or deny the paternity document.  Prohibits the court from suspending a
legal responsibility arising from the paternity document while a suit is
pending.  Sets forth provisions for amendments to the birth record
subsequent to a determination of paternity or nonpaternity. 

Sec.  160.209.  COURT RATIFICATION.  Provides that an unrescinded and
uncontested paternity document is valid and effective without court
ratification.  Authorizes the parentage of a child to be proved in a
judicial, administrative, or other proceeding, by evidence that an
unrescinded and uncontested paternity document has been filed with the
bureau of vital statistics. 

Sec.  160.210.  FULL FAITH AND CREDIT.  Requires a paternity document
signed in another state to be accorded full faith and credit by the courts
of this state if it is in apparent compliance with the other state's law. 

Sec.  160.211.  VALIDATION OF EARLIER STATEMENT.  Provides that a paternity
statement signed before September 1, 1999, is valid and binding. 

Sec.  160.212.  FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. Requires
the bureau of vital statistics to prescribe forms for complying paternity
documents. Sets forth requirements for the forms.  Requires the paternity
document to inform the putative father that the mother's consent to the
paternity document will result in certain actions.  Requires the form for
denial of paternity to inform the signer of certain actions resulting from
consent of the mother. 

Sec.  160.213.  VALIDITY OF FORMS.  Provides that the validity of paternity
documents is not affected by bureau of vital statistics modifications that
occur after the paternity document is signed if the form met the
requirements of state law at the time it was signed. 

Sec.  160.214.  RELEASE OF INFORMATION.  Requires the bureau of vital
statistics to release information relating to the paternity document and
the rescinding of a paternity document to the agency and any other person
authorized by law. 

Sec.  160.215.  ADOPTION OF RULES.  Authorizes the agency and the bureau of
vital statistics to adopt rules to implement this subchapter.   

 Sec.  160.216.  MEMORANDUM OF UNDERSTANDING.  Requires the agency and the
bureau of vital statistics to adopt a memorandum of understanding regarding
paternity information, and requires these entities to renew or modify the
memorandum as necessary. 

SECTION 35.  Amends Section 160.251(d), Family Code, to exempt a man from
registering with the paternity registry if he has filed a paternity
document under Subchapter C. 

SECTION 36.  Amends Subchapter D, Chapter 160, Family Code, by adding
Section 160.2545, as follows: 

Sec.  160.2545.  INFORMATION REGARDING REGISTRY, BIRTH RECORDS, AND
ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF VITAL STATISTICS.
Requires the bureau of vital statistics  to search notices on intent to
claim paternity filed with the registry, birth records, acknowledgments of
paternity, and central file records on receipt of a request for a
certificate under Section 160.260, Family Code, and requires the bureau to
provide the search results to the requestor. 

SECTION 37.  Amends Section 161.105(b), Family Code, to require the
affidavit to contain a statement that an alleged father has executed an
acknowledgment, rather than a statement, of paternity. 

SECTION 38.  Amends Section 201.102(b), Family Code, to delete text
regarding issues that apply to a master appointed under this subchapter. 

SECTION 39.  Amends Section 201.104, Family Code, by amending the heading
and adding Subsections (c) and (d), as follows: 

Sec.  201.104.  New title:  POWERS AND DUTIES OF MASTER.  

(c)  Authorizes a master to render and sign any order that is not a final
order on the merits of the case.   

(d)  Authorizes a master to recommend to the referring court any order
after a trial on the merits. 

SECTION 40.  Amends Subchapter B, Chapter 201, Family Code, by adding
Sections 201.1041 and 201.1042, as follows: 

Sec.  201.1041.  JUDICIAL ACTION ON MASTER'S REPORT.  Requires a master's
recommendation to become an order of the referring court by operation of
law without ratification by the referring court if an appeal to the
referring is not filed or the right to appeal is waived.  Provides that a
master's report that recommends enforcement by contempt or the immediate
incarceration of a party becomes an order of the referring court only if
the referring court signs an order adopting the recommendation.  Provides
that the decisions and recommendations of a master have full force and
effect and are enforceable as an order of the referring court during an
appeal of the master's report to the referring court, except for a report
that recommends enforcement by contempt or immediate incarceration that has
not been adopted by the referring court. 

Sec.  201.1042.  APPEAL TO REFERRING COURT.  Expands the application of
Section 201.015, Family Code, to include an appeal of the master's
recommendations.  Requires the party appealing the master's recommendations
to file notice with the referring court and the clerk of the court.  Sets
forth deadlines for a release hearing following an appeal.  Requires the
referring court to determine whether the respondent should be released on
bond or whether appearance in court can be otherwise assured.  Sets forth
provisions for the release of the respondent on bail.  Requires the court
to give the respondent notice of the hearing in open court, if the
respondent is released without posting bond or security.  Sets forth
provisions for a respondent whose appearance in court cannot be assured by
the referring court. 
 
SECTION 41.  Amends Subchapter B, Chapter 201, Family Code, by adding
Section 201.1065, as follows: 

Sec.  201.1065.  SUPERVISION OF MASTERS.  Requires certain entities to
report a plan to improve masters' efficiency and participation in the child
support enforcement program. Sets forth the information the plan must
contain.  Requires the office of court administration to assist the
presiding judges in monitoring the masters' compliance with certain job
standards, laws, and policies. 

SECTION 42.  Amends Section 201.107(b), Family Code, to authorize
reimbursement for entities appointed under this subchapter, rather than
section. 

SECTION 43.  Amends Section 201.111, Family Code, as follows:

Sec.  201.111.  New title:  TIME TO ACT ON MASTER'S REPORT THAT INCLUDES
FINDING OF CONTEMPT.  Requires the referring court to adopt, approve, or
reject the master's report, hear further evidence, or recommit the matter
for further proceedings by the 10th, rather than the 30th, day after the
filing of a master's report recommending a finding of contempt. 

SECTION 44.  Amends Subchapter B, Chapter 201, Family Code, by adding
Section 201.112, as follows: 

Sec. 201.112.  LIMITATION ON LAW PRACTICE BY MASTER.  Prohibits a master
from engaging in the private practice of law. 

SECTION 45.  Amends Section 203.007(a), Family Code, to make a conforming
change. 

SECTION 46.  Amends Section 231.0011, Family Code, to delete text relating
to the duties of the attorney general and makes conforming changes. 

SECTION 47.  Amends Subchapter A, Chapter 231, Family Code, by amending
Sections 231.002 and 231.005, and adding Sections 231.011-231.014, as
follows: 

Sec.  231.002.  POWERS AND DUTIES.  Requires the agency to respond to a
request made by another state for assistance in a Title IV-D case promptly,
rather than within five business days.  Requires the agency to enforce the
child support obligation, in each Title IV-D case in which the total amount
of a child support obligor's child support delinquency is at least $5,000
and the obligor owns property in the state or resides in the state, by
filing a child support lien under Subchapter G, Chapter 157.  Provides that
this subsection does not prohibit the agency from filing a child support
lien in any other case in which a lien may be filed under Subchapter G,
Chapter 157.  Makes conforming and nonsubstantive changes. 

Sec.  231.005.  BIENNIAL REPORT REQUIRED.  Requires the Title IV-D agency
(agency), designated as the Office of the Attorney General, to report to
the legislature biennially on the use and effectiveness of enforcement
tools and the progress and  impact of using private contractors.  Makes
conforming changes. 

Sec.  231.011.  INTERAGENCY WORK GROUP.  Requires the agency to convene a
standing work group (group) to develop and maintain an interagency
partnership strategy, and requires the agency's director to lead the group.
Sets forth the composition of the groups and requirements for agencies to
appoint representatives.  Requires a Health and Human Services Commission
(HHS) representative's presence in the group when addressing an issue under
HHS's authority.  Sets forth requirements for the interagency partnership
strategy. Requires agency representatives in the group to identify child
support services provided by that agency.  Sets forth requirements for the
state auditor and the State Council on Competitive Government regarding
their responsibility to assist agencies and the group. 

Sec.  231.012.  COUNTY ADVISORY WORK GROUP.  Requires the agency's director
to  establish a county advisory work group (advisory group) to assist in
modifying child support programs that affect counties.  Sets forth the
required composition of the advisory group. Requires the agency's director
to consult with certain entities prior to appointing advisory group
members.  Requires the agency's director to determine the composition and
leadership of the advisory group.  Sets forth required actions of the
advisory group.  Prohibits a work group member, or the member's designee
from receiving compensation, but entitles the individual to reimbursement
for certain expenses.  Provides that the work group is not an advisory
committee as defined by Section 2110.001, Government Code.  Exempts the
work group from being subject to regulations of Chapter 2110 (State Agency
advisory Committees), Government Code. 

Sec.  231.013.  INFORMATION RESOURCES STEERING COMMITTEE.  Sets forth
required actions of an information resources steering committee appointed
by the agency. Requires the steering committee to include a senior
management executive representing each significant function of the agency,
and authorizes the steering committee to include other certain persons.
Requires the agency director to appoint steering committee members
subsequent to consultation with the Department of Information Resources. 

Sec.  231.014.  PERSONNEL.  Requires the agency director to provide
information regarding employment requirements, responsibilities, and
standards of conduct, to certain entities. 

SECTION 48.  Amends Section 231.106(b), Family Code, to prohibit the clerk
from requiring an order of the court to terminate the assignment and direct
support payments to the person entitled to receive the payment. 

SECTION 49.  Amends Section 231.108, Family Code, by adding Subsection (f),
as follows: 

(f)  Authorizes the agency, by rule, to provide for the release of
information to persons for purposes not prohibited by federal law. 

SECTION 50.  Amends Subchapter B, Chapter 231, Family Code, by amending
Sections 231.112, 231.115 and 231.117, and adding Sections 231.118-231.120,
as follows: 

Sec.  231.112.  INFORMATION ON PATERNITY ESTABLISHMENT.  Makes a conforming
change. 

Sec.  231.115.  NONCOOPERATION BY RECIPIENT OF PUBLIC ASSISTANCE. Requires
the agency to identify the actions or failures to act by a recipient of
public assistance that constitute noncooperation with the agency, adopt
rules governing noncompliance, and send noncompliance determinations to the
Texas Department of Human Services (DHS) to impose sanctions. 

Sec.  231.117.  UNEMPLOYED NONCUSTODIAL PARENTS.  Authorizes a court or the
agency to issue an order requiring the parent to take certain actions
towards the payment of overdue support.  Redesignated from existing Section
231.115.   

Sec.  231.118.  SERVICE OF CITATION.  Authorizes the agency to contract
with private process servers to serve certain required documents.  Provides
that a document server under this section is authorized to serve documents
without a written court order authorizing the service.  Sets forth
provisions for the issuance and return of the process. 

Sec.  231.119.  OMBUDSMAN PROGRAM.  Requires the agency to establish an
ombudsman program to process and track complaints against the agency.  Sets
forth requirements for the agency director.  Requires the agency to develop
and implement a uniform ombudsman process, and sets forth requirements for
that process.  Requires each ombudsman to oversee complaint filing and
resolution.  Requires the agency to maintain a file on each complaint and
sets forth requirements for the file.  Requires the agency to notify the
complainant and other entities of the status of the complaint, and creates
an exception.  Requires the agency to provide the complainant and other
entities with a copy of the agency's complaint policies. 

Sec.  231.120.  TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS.  Requires the
agency to maintain a toll-free number for employers responsible for
withholding child support, and requires the agency to inform employers
about the existence of the toll-free number. 

SECTION 51.  Amends Section 231.204, Family Code, to prohibit an appellate
court or a clerk of an appellate court from charging certain entities with
certain fees. 

SECTION 52.  Amends Section 231.301, Family Code, to require the parent
locator service conducted by the agency to be used for child support and
paternity establishment.  Authorizes certain persons to receive information
under this section. 

SECTION 53.  Amends Section 231.305, Family Code, to require the agency and
DHS to do the following:  quickly forward information regarding child
support collection to the agency, develop training programs to enhance
information collection,  develop a deadline to respond to a complying and a
noncompliance sanction request, develop certain performance measures, and
to prescribe a forwarding information deadline and determine what
constitutes complete information.  Requires the agency and DHS to review
and renew the memorandum by January 1 of each even-numbered year, rather
than semiannually, and as necessary. 

SECTION 54.  Amends Section 231.307, Family Code, by amending Subsections
(c) and (d) and adding Subsection (e), as follows: 

(c)  Authorizes the agency to enter into an agreement with one or more
states to create a consortium for data matches authorized under this
section.  Authorizes the agency to contract with a vendor selected by the
consortium to perform data matches with financial institutions. 

(d)  Created from existing text.

(e)  Redesignated from existing Subsection (d).

SECTION 55.  Amends Section 232.003(a), Family Code, to authorize a court
or the agency to issue an order suspending a license as provided by this
chapter if an individual who is an obligor has met certain conditions,
including having been provided an opportunity to make payments toward the
child support arrearage under a court order or an agreed repayment
schedule.  Deletes the provision that this is without regard to whether the
repayment schedule was agreed to or ordered before or after the date the
petition for suspension of a license was filed. 

SECTION 56.  Amends Section 232.004(b), Family Code, to authorize a
petition to be filed with the court of continuing jurisdiction or the
tribunal in which a child support order has been registered. Provides that
the tribunal in which the petition is filed obtains jurisdiction over the
matter. 

SECTION 57.  Amends Section 232.008(a), Family Code, to add establishing an
affirmative defense as provided by Section 157.008(c) to the list of
actions an individual may take to prevent the agency from rendering an
order suspending the individual's license on making the findings required
by Section 232.003. 

SECTION 58.  Amends Section 233.001, Family Code, by amending Subsection
(b) and adding Subsection (c), as follows: 

(b)  Deletes text regarding information in the registry required by 42
U.S.C. Section 654a(e) concerning the parent's case.  Makes conforming and
nonsubstantive changes. 

(c)  Requires the state case registry to provide the information described
by Subsection (b) to a domestic relations office or friend of the court
that requests information regarding a case described by Subsection (a), to
the extent permitted by federal law. 
 
SECTION 59.  Amends Section 233.005, Family Code, to authorize the
initiation of an administrative action by a notice of proposed child
support review under Section 233.0095, Family Code. 

SECTION 60.  Amends Chapter 233, Family Code, by adding Section 233.0095,
as follows: 
 
Sec.  233.0095.  NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN CASES OF
ACKNOWLEDGED PATERNITY.  Authorizes the agency to serve a father who signs
a paternity document, with a notice of proposed child support review order.
Sets forth requirements of the proposed child support review order.
Authorizes the agency to schedule a negotiation conference without a
request from a party.  Requires the agency to schedule a negotiation
conference on the timely request of a party.  Authorizes the agency to
conduct a negotiation conference through certain formats, and adjourn the
conference to permit mediation of certain unresolved issues. 

SECTION 61.  Amends Section 233.018, Family Code, as redesignated by
Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, to
provide that the statement that must be included with a child support
review order may be underlined.  Authorizes the parties to sign a waiver of
service along with an agreement to appear in court at a specified date and
time for a determination by the court of all unresolved issues if a
negotiation conference results in an agreement on some but not all issues
in the case.   Provides that notice of the hearing is not required. 

SECTION 62.  Amends Section 233.019(c), Family Code, to make a conforming
change. 

SECTION 63.  Amends Section 233.020, Family Code, to authorize a petition
for confirmation of a child support review order not agreed to by the
parties to include a waiver of services executed under Section 233.018(b)
and an agreement to appear in court for a hearing.  Makes a conforming
change. 

SECTION 64.  Amends Subchapter A, Chapter 234, Family Code, by amending
Sections 234.001234.003, and adding Sections 234.006-234.008, as follows: 

Sec.  234.001.  New title:  ESTABLISHMENT AND OPERATION OF STATE CASE
REGISTRY AND STATE DISBURSEMENT UNIT.  Requires the state case registry to
maintain records of child support orders established or modified on or
after October 1, 1998. Requires the state disbursement unit to receive,
maintain, and furnish records of child support payments and make certain
information available to a local registry each day in a manner determined
by the agency with the assistance of the work group established under
Section 234.003.  Deletes text regarding monitoring support payments and
initiating enforcement actions.  Makes conforming and nonsubstantive
changes. 

Sec.  234.002.  INTEGRATED SYSTEM FOR CHILD SUPPORT AND MEDICAL SUPPORT
ENFORCEMENT.  Makes a conforming change. 

Sec.  234.003.  WORK GROUP; COOPERATION REQUIRED.  Requires the work group
to meet at least quarterly.  Provides for the expiration of this section
December 31, 2000. Makes conforming and nonsubstantive changes.   

Sec.  234.006.  EFFECTIVE DATE AND PROCEDURES.  Requires the agency, in
cooperation with the work group, to adopt rules, in compliance with federal
law, establishing definitions for, and the date of and the procedures for
the operation of the state case registry and the state disbursement unit
and the return of payments made in error or delivered to the state
disbursement unit with insufficient information for disbursement. 

Sec.  234.007.  NOTICE OF PLACE OF PAYMENT.  Requires the agency to notify
the courts of the establishment of the disbursement unit, and requires
certain orders of the court subsequent to notification.  Requires the
agency to issue a notice of place of payment informing the obligor,
obligee, and employer, that income withheld for child support is to be
paid to the state disbursement unit.  Requires the filing of the notice
with certain entities. Sets forth requirements for the notice.  Requires
the clerk of the court to appropriately file the notice upon its receipt. 

Sec.  234.008.  DEPOSIT, DISTRIBUTION, AND ISSUANCE OF PAYMENTS.  Requires
the state disbursement unit to distribute the payment to the agency or the
obligee by the second business day after the date it receives a child
support payment.  Requires the state disbursement unit to deposit daily all
child support payments in a trust fund with the state comptroller.
Authorizes the state disbursement unit to issue checks from the trust fund,
subject to the agreement of the comptroller. 

SECTION 65.  Amends Section 192.002, Health and Safety Code, by adding
Subsection (d), as follows: 

(d)  Requires the mother's and father's social security number to be made
available to the federal Social Security Administration.  

SECTION 66.  Amends Section 192.0051, Health and Safety Code, as follows:

Sec.  192.0051.  New heading:  REPORT OF DETERMINATION OF PATERNITY.
Requires a clerk to forward the report for each decree that became final in
that court to the state on completion of the report, rather than by the
10th day of each month.  Makes conforming and nonsubstantive changes. 

SECTION 67.  Amends Section 192.006, Health and Safety Code, by adding
Subsection (e), as follows: 

(e)  Authorizes a supplementary birth certificate to be filed in accordance
with board rules for a person whose parentage is determined by a paternity
document.  

SECTION 68.  Amends Subchapter A, Chapter 192, Health and Safety Code, by
adding Section 192.012, as follows: 

Sec. 192.012.  RECORD OF ACKNOWLEDGMENT OF PATERNITY.  Requires a person
who is responsible for filing a birth certificate, if the mother of a child
is not married to the father of the child, to provide an opportunity for
the child's mother and putative father to sign a paternity document and
provide oral and written information to the child's mother and putative
father about establishing paternity and the availability of child support
services. Requires the local registrar to transmit the paternity document
to the state registrar.  Requires the state registrar to record the
information contained in the paternity document and transmit the
information to the agency.  Authorizes the agency to use the information
for any purpose directly connected with providing child support services. 

SECTION 69.  Amends Sections 193.001(b) and (c), Health and Safety Code, to
require the recording of the social security number on certain documents
regarding the death.  Makes conforming changes. 

SECTION 70.  Amends Section 31.0032(a), Human Resources Code, to require
the Department of Protective and Regulatory Services to immediately apply
appropriate sanction or penalties, except as provided by Section 231.115,
Family Code, after an investigation by the agency.  Makes conforming
changes. 

SECTION 71.  Amends Sections 31.0033(a) and (c), Human Resources Code, to
prohibit the imposition of sanctions on a showing of good cause for
noncompliance.  Includes the agency in certain powers and responsibilities. 

SECTION 72.  Amends Section 411.127, Government Code, to define "Title IV-D
agency" in this section.  Makes conforming and nonsubstantive changes. 

 SECTION 73.  (a)  Requires the attorney general to redesign and improve
the child support enforcement program. 

(b)  Sets forth provisions regarding the attorney general's involvement
with child support enforcement.  Limits the subjects the Sunset Advisory
Commission is authorized to review. 

(c)  Requires the Sunset Advisory Commission to analyze certain actions of
the attorney general. 

(d)  Creates a deadline for the attorney general to report improved
performance regarding the child support enforcement program.  Requires the
attorney general's child support enforcement division to collect and report
on certain information. 

(e)  Provides that the attorney general's involvement in child support
enforcement matters is not abolished under Chapter 325, Government Code
(Texas Sunset Act). 

(f)  Sets forth the attorney general's required duties in child support
enforcement related matters. 

(g)  Requires the Sunset Advisory Commission to report required findings to
the 77th Legislature, Regular Session, 2001. 

SECTION 74.  (a)  Requires the attorney general's child support enforcement
division (division) to investigate revenue sources for the child support
program.  Sets forth required guidelines for the investigation.  Sets forth
requirements of the cost-benefit analysis. 

(b)  Requires the division to report its findings to the Sunset Advisory
Commission, and other authorities by October 15, 2000. 

SECTION 75.  Repealer:  Sections 158.505(c) (regarding a writ of
withholding) and160.002(c), (regarding authorization to bring a suit to
establish paternity at any time), Family Code, and Sections 192.003(e),
(f), and (g), Health and Safety Code (relating to the recordation of a
paternity document). 

SECTION 76.  (a)  Effective date:  September 1, 1999.

(b)  Requires the interagency work group to develop the partnership
strategy required by Section 231.011, Family Code, by January 1, 2000. 

(c)  Requires the county advisory work group to complete the state-county
support improvement plan by January 1, 2000. 

(d)  Requires the agency and the Texas Department of Human Services to
update the memorandum of understanding by January 1, 2000. 

 (e)  Makes application of this Act prospective to January 1, 2001.

SECTION 77.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds a new SECTION 5, which amends Section 111.001, Family
Code, to require the standing committees of each house of the legislature
having jurisdiction over family law issues to review and revise the
guidelines for possession of and access to a child under Chapter 153 and
for support of a child under Chapter 154.  For more information, please the
Section-by-Section Analysis portion of this document. 

The substitute redesignates SECTION 7 of the original to SECTION 8 (Section
154.004, Family Code) and modifies it to add a reference to Chapter 234, as
added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997. 
 
The substitute redesignates SECTION 19 of the original to SECTION 20  and
modifies Section 158.103, Family Code, to restore the language of the
existing law and amend it to provide that a writ of withholding must
include the amount of income to be withheld and remitted.  The original
deleted all of the specific requirements relating to information to be
contained in a writ of withholding. 

The substitute adds a new SECTION 21 (Section 158.105, Family Code), which
was included in SECTION 19 of the original and further amends it to restore
existing Subdivision (b), requiring the clerk to attach a copy of
Subchapter C to the order or writ. 

The substitute redesignates SECTION 20 of the original to SECTION 22 (
Section 158.106, Family Code) and modifies it to add Subsection (d), to
authorize the forms prescribed by the agency under this section to be used
to request voluntary withholding under Section 158.011 (Voluntary
Withholding by Obligor). 

The substitute redesignates SECTION 23 of the original to SECTION 25
(Section 158.211(a), Family Code) and modifies it to delete the proposed
amendment to Subsection (b), which would have authorized failure to inform
an employer of the order or writ of withholding to be punished as contempt. 

The substitute adds a new SECTION 26 (proposed Section 158.212, Family
Code), which was included in SECTION 23 of the original (SECTION 25 of the
substitute). 

The substitute redesignates SECTION 28 of the original to SECTION 31 and
modifies Section 158.505(a), Family Code, to provide that Section
158.502(c) provides an exception to the requirement that the agency send
the obligor notice of the procedures to contest withholding on the grounds
that the identity of the obligor or the existence or amount of arrearages
is incorrect. 

The substitute redesignates SECTION 29 of the original to SECTION 32
(Section 158.506(a), Family Code) and modifies it to provide that Section
158.502(c) provides an exception to the authorization of an obligor who
receives notice under Section 158.505, Family Code, to request a review by
the agency. 

The substitute redesignates SECTION 31 of the original to SECTION 34 and
modifies proposed Section 160.205, Family Code, to provide that the legal
finding of paternity is subject to the right to rescind or contest an
acknowledgment of paternity under this subchapter.  The substitute modifies
proposed Section 160.207, Family Code, to prohibit a suit to contest an
unrescinded acknowledgment of paternity from being filed after the date a
court has rendered an order based on the acknowledgment of paternity and to
prohibit a collateral attack on an acknowledgment of paternity executed
under this subchapter from being filed after the fourth anniversary of the
date the acknowledgment of paternity is filed with the bureau of vital
statistics, notwithstanding any other provision of this chapter.  The
substitute modifies proposed Section 160.209, Family Code, by deleting the
proposed section, which would have prohibited a court from ratifying an
unrescinded paternity document.  The substitute adds a new Section 160.209
to provide that an unrescinded and uncontested paternity document is valid
and effective without court ratification and to authorize the parentage of
a child to be proved in a judicial, administrative, or other proceeding, by
evidence that an unrescinded and uncontested paternity document has been
filed with the bureau of vital statistics. 

The substitute redesignates SECTION 34 of the original to SECTION 37
(Section 161.105(b), Family Code) to require the affidavit to contain a
statement that an alleged father has executed an acknowledgment, rather
than a statement or acknowledgment, of paternity. 

The substitute redesignates SECTION 37 of the original to SECTION 40 and
modifies proposed Section 201.1041, Family Code, to provide that a master's
report that recommends enforcement by contempt or immediate incarceration
does not have full force and effect unless the referring court signs an
order adopting the master's recommendation.  The substitute modifies
proposed Section 201.1042 by deleting the prohibition against the repeal of
a pretrial or temporary order rendered and signed by a master. 

The substitute redesignates SECTION 38 of the original to SECTION 41 and
modifies proposed  Section 201.1065, Family Code, to provide that the plan
must contain written personnel performance standards, rather than establish
meaningful personnel performance standards; specify that the performance
evaluations must be annual; ensure accountability of the masters for
complying with statutes regarding a minimum 40-hour workweek and working
hours under Chapter 658 (Hours of Labor), Government Code; and require,
rather than include, a uniform process for receiving, handling, and
resolving complaints. 

The substitute redesignates SECTION 40 of the original to SECTION 43
(Section 201.111, Family Code) to require the referring court to take
action by the 10th, rather than the 30th, day after the filing of a
master's report recommending a finding of contempt. 

The substitute adds a new SECTION 44 to add Section 201.112, Family Code,
to prohibit a master from engaging in the private practice of law. 

The substitute redesignates SECTION 43 of the original to SECTION 47 and
modifies proposed Section 231.002, Family Code, to require the agency to
enforce the child support obligation, in each Title IV-D case in which the
total amount of a child support obligor's child support delinquency is at
least $5,000 and the obligor owns property in the state or resides in the
state, by filing a child support lien under Subchapter G, Chapter 157.  The
substitute also provides that this subsection does not prohibit the agency
from filing a child support lien in any other case in which a lien may be
filed under Subchapter G, Chapter 157. 

The substitute adds new SECTION 54, which amends Section 231.307, Family
Code, to authorize the agency to enter into an agreement with one or more
states to create a consortium for data matches authorized under this
section.  The substitute also authorizes the agency to contract with a
vendor selected by the consortium to perform data matches with financial
institutions and makes nonsubstantive changes. 

The substitute adds a new SECTION 55, which amends Section 232.003(a),
Family Code, to authorize a court or the agency to issue an order
suspending a license as provided by this chapter if an individual who is an
obligor has met certain conditions, including having been provided an
opportunity to make payments toward the child support arrearage under a
court order or an agreed repayment schedule and delete the provision that
this is without regard to whether the repayment schedule was agreed to or
ordered before or after the date the petition for suspension of a license
was filed. 

The substitute adds a new SECTION 57, which amends Section 232.008(a),
Family Code, to add establishing an affirmative defense as provided by
Section 157.008(c) to the list of actions an individual may take to prevent
the agency from rendering an order suspending the individual's license on
making the findings required by Section 232.003. 

The substitute redesignates SECTION 51 of the original to SECTION 58
(Section 233.001, Family Code), and modifies it by adding Subsection (c),
to require the state case registry to provide the information described by
Subsection (b) to a domestic relations office or friend of the court that
requests information regarding a case described by Subsection (a), to the
extent permitted by federal law. 

The substitute adds a new SECTION 61, which amends Section 233.018, Family
Code, as redesignated by Chapter 911, Acts of the 75th Legislature, Regular
Session, 1997, to provide that the statement that must be included child
support review order may be underlined.  The substitute also authorizes the
parties to sign a waiver of service along with an agreement to appear in
court at a specified date and time for a determination by the court of all
unresolved issues if a negotiation conference results in an agreement on
some but not all issues in the case and provides that notice of the hearing
is not required. 

The substitute redesignates SECTION 55 of the original to SECTION 63
(Section 233.020, Family Code) and modifies it to amend Subsection (a), as
well as Subsection (b), to authorize a petition for confirmation of a child
support review order not agreed to by the parties to include a waiver of
services executed under Section 233.018(b) and an agreement to appear in
court for a hearing.   
 
The substitute redesignates SECTION 56 of the original to SECTION 64 and
modifies Section 234.001 to require the state disbursement unit to make
certain information available to a local registry each day in a manner
determined by the agency with the assistance of the work group established
under Section 234.003.  The substitute modifies Section 234.006 to require
the agency, in cooperation with the work group, to adopt rules that
establish the definitions for, and the date and procedures for the return
of payments made in error or delivered to the state disbursement unit with
insufficient information for disbursement.  The substitute modifies
proposed Section 234.008 by changing the section title to "Deposit,
Distribution, and Issuance of Payments" from "Distribution and Return of
Payments."  The substitute requires the state disbursement unit to deposit
daily all child support payments in a trust fund with the state comptroller
and authorizes the state disbursement unit to issue checks from the trust
fund, subject to the agreement of the comptroller. The substitute deletes
the provisions for the return and remittance of payment regarding failure
to process child support payments or insufficient information. 

The substitute deletes SECTION 57 of the original, which would have amended
Subtitle D, Title 5, Family Code, by adding Chapter 237 (Registration of
Private Child Support Collection Entities). Chapter 237 would have placed
responsibility for the registration of collection entities with the agency;
required the agency, by rule, to adopt fees; set forth registration
procedures; set forth procedures for the cancellation of and claim against
a surety bond and the term of a surety bond; set forth the requirements of
a contract for child support collection services; set forth disciplinary
actions; and set forth remedies and prohibited practices. 

The substitute deletes SECTION 58 of the original, which would have amended
Section 191.028, Health and Safety Code, to authorize a correcting
certificate to be filed to correct birth record errors within a certain
time frame, subject to rules adopted by the Texas Department of Health, and
authorized certain entities to issue the corrected certificate without
being required to issue a copy of the original certificate with an amending
certificate attached. 

The substitute redesignates SECTION 59 of the original to SECTION 65 and
modifies Section 192.002, Health and Safety Code, to add the proposed
provisions as a new Subsection (d), rather than amending Subsection (c).
The substitute restores the existing text of Subsection (c) relating to
signatures and enforcement. 

The substitute deletes SECTION 60 of the original, which would have amended
Sections 192.003(e) and (g), Health and Safety Code, to require a certain
person to provide an opportunity for the child's mother and putative,
rather than biological, father to sign a paternity document as provided by
Subchapter C, Chapter 160, Family Code, and to provide oral information to
the parents and deleted text regarding the birth certificate and signed
consent forms. 

The substitute deletes SECTION 61 of the original, which would have amended
Section 192.005, Health and Safety Code, to require the completion of items
on a birth certificate if the father and mother signed an acknowledgment of
paternity form, rather than the birth certificate, under Subchapter C,
Chapter 160, Family Code; required the state registrar to issue a
supplementary birth certificate, under certain conditions; and deleted text
authorizing the father of a child with no presumed father to acknowledge
paternity by signing the birth certificate or acknowledging paternity in
accordance with Section 160.202, Family Code. 

The substitute redesignates SECTION 63 of the original to SECTION 67
(Section 192.006, Health and Safety Code) and modifies it to add Subsection
(e) to authorize a supplementary birth certificate to be filed for a person
whose parentage has been determined by a paternity document, rather than
amending Subsection (a) to authorize a supplementary birth certificate to
be issued if the child's parents get married after the child is born, if
the child's parentage is determined by a paternity document, if the
parent-child relationship is terminated, if the child is adopted, or if the
child's parentage is determined by the agency or a court. 

The substitute adds a new SECTION 68 which amends Subchapter A, Chapter
192, Health and Safety Code, by adding Section 192.012, to require a person
who is responsible for filing a birth certificate, if the mother of a child
is not married to the father of the child, to provide an opportunity for
the child's mother and putative father to sign a paternity document and
provide oral and written  information to the child's mother and putative
father about establishing paternity and the availability of child support
services.  The substitute also sets forth the procedures for recordation
and uses of the paternity document. 

The substitute redesignates SECTION 67 of the original to SECTION 72
(Section 411.127, Government Code), to restore the existing section title
and delete proposed Subsection (b) which would have entitled the agency to
obtain from the Department of Public Safety, the Federal Bureau of
Investigation identification division, or another law enforcement agency,
criminal histroy record information regarding an applicant for registration
under Chapter 237, Family Code, as a child support collection entity or an
employee of the entity, including an owner, officer, or investigator. The
original would also have prohibited the agency from requesting information
until an application seeking registration as a child support collection
entity had been filed with the agency. 

The substitute redesignates SECTION 70 of the original to SECTION 75 and
modifies it to repeal Sections 192.003(e), (f), and (g), Health and Safety
Code, as well.  The provisions of these subsections are contained in
SECTION 68 (Section 192.012, Health and Safety Code) of the substitute. 

The substitute redesignates SECTION 71 of the original to SECTION 76 and
modifies it by deleting Subsections (f)-(h) which would have required the
agency to adopt rules by May 1, 2000; provided that the effective date for
Section 237.101 and Subchapter G, Chapter 237, Family Code, is January 1,
2001; and made application of this Act prospective, in certain situations. 

The substitute also redesignates SECTIONS 5, 6, 8-18, 21, 22, 24-27, 30,
32-37, 39, 41, 42, 44-49, 50, 52, 53, 54, 62, 64-66, 68, 69, and 72 of the
original to SECTIONS 6, 7, 9-19, 23, 24, 27-30, 33, 35-40, 42, 45, 56,
48-53, 56, 59, 60, 62, 66, 69-71, 73, 74, and 77.