HBA-SEB H.B. 956 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 956
By: Uher
Juvenile Justice & Family Issues
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a court must consider certain relevant factors when determining
whether  the application of child support guidelines would be appropriate,
such as the child's age and needs and the ability of the parents to
contribute to the child.  Similarly, a court ordering retroactive child
support must consider whether the obligor has previously provided support
and whether financial hardship would be imposed upon the obligor.  The
court is not required to consider in either case whether the obligee of the
child support is eligible for assistance under Chapter 31, Human Resources
Code (Financial Assistance and Service Programs), whether the obligee has
received such financial assistance, and if so, whether all or part of that
assistance was used for the support of the child.   

H.B. 956 requires a court to consider an obligee's eligibility for
financial assistance when determining the appropriateness of the
application of child support guidelines.  This bill also requires a court
ordering retroactive child support to consider whether the obligee has
received that assistance and whether all or part of that assistance was
used for the support of the child. 

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 154.123(b), Family Code, to require a court,
when determining whether the application of the child support guidelines
would be unjust or inappropriate, to consider among other factors any
financial resources available for the support of the child, including the
amount, if any, of financial assistance under Chapter 31, Human Resources
Code (Financial Assistance and Service Programs), for which an obligee is
eligible. 

SECTION 2.  Amends Section 154.131(b), Family Code, to require the court,
when ordering retroactive child support, to consider among other factors
whether the obligee received financial assistance under Chapter 31, Human
Resources Code, during the relevant time period and whether all or part of
that financial assistance was used for the support of the child.  Makes a
conforming change. 

SECTION 3.  Amends Section 231.108, Family Code, by amending Subsection (b)
and adding Subsection (f), as follows: 

(b)  Makes changes which conform to the addition of Subsection (f).

(f)  Authorizes the Title IV-D agency (the office of the attorney general
child support division) to release to an obligor information regarding the
amount of financial assistance an obligee has received under Chapter 31,
Human Resources Code, during the two years preceding the date of the
release and the amount of that financial assistance that was directly or
indirectly used for the support of a child. 

SECTION 4.  (a)  Effective date: September 1, 1999.
      Makes application of this Act prospective.
 
(b)  Provides that the enactment of this Act does not by itself constitute
a material and substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides for the
support of a child rendered before the effective date of this Act. 

SECTION 5.  Emergency clause.