HBA-LCA S.B. 391 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 391
By: Harris
Juvenile Justice and Family Issues
4-22-1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, provisions regarding the enforcement of a child support order do
not permit, without authorization, a domestic relations officer or certain
friends of the court to obtain records from the National Directory of New
Hires or the state case registry.  S.B. 391 amends Chapters 203 and 233,
Family Code (Domestic Relations Offices; Sharing Information in State Case
Registry), to authorize a domestic relations office to obtain information
from that directory, and to authorize both a domestic relations office and
certain friends of the court to obtain information from the state case
registry. 

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 203.004(a), Family Code, to authorize a domestic
relations office to provide an informal forum for negotiating an agreed
repayment schedule for delinquent child support as an alternative to filing
suit to enforce a court order for child support under Subdivision (3),
which permits a domestic relations office to file suit to establish
paternity, enforce an order for child support or possession of or access to
a child, or modify or clarify an existing order.  Makes conforming changes. 

SECTION 2.  Amends Section 203.007, Family Code, by amending Subsections
(a), (c), and (f)-(j), and adding Subsections (d) and (e), as follows: 

(a)  Makes a conforming change.

(c)  Makes a nonsubstantive change.

(d)  Entitles a domestic relations office, to the extent provided by
federal law, to obtain records from the National Directory of New Hires,
established under 42 U.S.C., Section 653(i), as amended, that relate to a
person described by Subsection (a), who has been ordered to pay child
support, been designated possessory or managing conservator or father of a
child, or executed a statement of paternity.  Provides that those records
may include the name, address, and telephone number of the person's
employer, information provided by the person on a W-4 form, and information
provided by the person's employer on a Title IV-D form. 

(e)  Entitles a domestic relations office, to the extent provided by
federal law, to obtain from the state case registry (registry) records that
relate to a person described by Subsection (a), including records  that
relate to the addresses and social security number of the person, the name,
address, and telephone number of the person's employer.  the location and
value of real and personal property owned by the person, and the name and
address of each financial institution with which the person maintains an
account and the account number for each account. 

 (f)  Created from existing text.

(g)  Redesignated from existing Subsection (e).  Makes a nonsubstantive
change. 

(h)-(j)  Redesignated from existing Subsections (f)-(h), respectively.

SECTION 3.  Amends Section 233.001, Family Code, by amending Subsections
(a) and (b), and adding Subsection (c), as follows: 

Sec. 233.001.  REQUEST FOR INFORMATION.  (a)  Requires the registry to
provide information to a domestic relations office or friend of the court
regarding certain cases. Makes conforming and nonsubstantive changes. 

(b)  Makes conforming changes.

(c)  Requires the registry, to the extent provided by federal law, to
provide information about the noncustodial parent described by Subsection
(b) to a domestic relations office or friend of the court who makes a
request for information under Subsection (a). 

SECTION 4.  Amends Section 233.03, Family Code, as added by Chapter 420,
Acts of the 75th Legislature, Regular Session, 1997, as follows 

Sec. 233.003.  APPLICATION FOR SERVICES NOT REQUIRED.  Prohibits the Title
IVD agency from requiring an application for service to release information
under Section 233.001. 

SECTION 5.  Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Amendment No. 1:

Amends S.B. 391 by deleting SECTION 3 (amending Section 233.001, (Request
for Information), Family Code).  Redesignates SECTION 4 and SECTION 5 of
the original to SECTION 3 and SECTION 4, respectively.