HBA-DMD H.B. 443 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 443
By: Reyna, Arthur
Juvenile Justice & Family Issues
4/14/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the filing of a lien in a Title IV-D case is optional.  H.B. 443
makes filing a lien without obtaining an order from any other judicial or
administrative tribunal in a Title IV-D case mandatory, in order to
expedite payment of the child support 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 231.002(e), Family Code, as relettered by
Section 1, Chapter 874, Acts of the 75th Legislature, Regular Session,
1997, and amended by Section 68, Chapter 911, Acts of the 75th Legislature,
Regular Session, 1997, by excluding the use of any administrative action by
a Title IV-D agency (Office of the Attorney General), with respect to the
release of a lien for child support as provided by Chapter 157
(Enforcement).  Makes a conforming and nonsubstantive change. 

SECTION 2. Amends Section 231.002, Family Code, by adding Subsection (h),
to require the Title IV-D agency (Office of the Attorney General) in each
Title IV-D case to enforce the child support obligation by using the
enforcement procedures for a child support lien under Subchapter G, Chapter
157 (Child Support Lien), without obtaining an order from any other
judicial or administrative tribunal. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.