HBA-SEP, LJP C.S.H.B. 769 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 769
By: King, Phil
Juvenile Justice & Family Issues
2/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes a district clerk to charge a filing fee for both an
order of withholding that establishes the amount of child support to be
withheld by an employer and an application for judicial writ of withholding
when an arrearage occurs.  However, a clerk is not authorized to charge a
filing fee for an administrative writ of withholding to enforce an existing
order when arrearages occur.   An administrative writ may be sent to a new
employer each time the obligor changes employment which can result in
several writs for the same case being filed with the district clerk.  As a
result, in larger counties where many writs are filed, it has become
necessary to increase staff to meet the mandated clerical functions.
C.S.H.B. 769 requires the Office of the Attorney General, the designated
Title IV-D agency, to pay a filing fee for an administrative writ of
withholding affecting child support.   

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. 

ANALYSIS

C.S.H.B. 769 amends the Family Code to authorize a district clerk to charge
a Title IV-D agency a filing fee not to exceed $15 for an administrative
writ of withholding in a Title IV-D case that affects withholding earnings
for child support. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by providing that the filing fee
not exceed $15 rather than providing a set filing fee of $15.