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


Office of House Bill AnalysisH.B. 2354
By: Goodman
Juvenile Justice and Family Issues
7/7/1999
Enrolled

BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the Office of the Attorney
General-Child Support Division (Title IV-D agency) provided a 66 percent
federal funding match to a county for child support services that the
county provided.  Due to an increase in the filing of child support cases
along with complex state and federal mandates, counties expended  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 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.