HBA-TBM H.C.R. 208 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 208
By: Martinez Fischer
Civil Practices
4/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, Carmen R. Melenyzer alleges that she is entitled to collect
$83.00 per month in child support for Russell Glen Melenyzer from Charles
L. Melenyzer.  Both state and federal laws require the  Office of the
Attorney General of the State of Texas (OAGTX) and the Attorney General of
the State of Texas to preserve and protect the rights of the children of
Texas and, in particular, the rights of the child Russell Glen Melenyzer.
As such, OAGTX and the attorney general have assumed exclusive right to
receive and collect monthly court-ordered child support payments from
Charles L. Melenyzer to Carmen R. Melenyzer. However, while Mr. Melenyzer
has been regularly paying $83.00 each month to the OAGTX, since
approximately October 1999 through May 2000, OAGTX has been routinely
withholding half or more of the payments from Ms. Melenyzer.  When Ms.
Melenyzer sought to learn the reason for the confiscation or conversion of
the child support money by OAGTX, she was advised that the monies were
being withheld to repay a debt to the State of Texas in the sum of $10,000
that is unknown and undefined to Ms. Melenyzer.  Despite repeated requests
for an explanation, Ms. Melenyzer contends that neither OAGTX, the attorney
general, any employee or representative of OAGTX, or any other agency of
the State of Texas has provided Ms. Melenyzer with a bill for any sum owed
to the state or any valid reason for withholding child support monies.  Not
only have OAGTX and the attorney general allegedly breached their fiduciary
duty to the State of Texas, OAGTX has allegedly supplied false and
incorrect information about Ms. Melenyzer's entitlement to receive child
support and the amount of child support she is receiving that has caused
her to be denied Medicaid for and on behalf of her father for medical
expenses incurred in 1999. House Concurrent Resolution 208 authorizes
Carmen R. Melenyzer, individually and as next friend of Russell Glen
Melenyzer, a child, or any other person who may hereafter be appointed by
the court to act for or on behalf of the child, to sue in a court in Bexar
County, the State of Texas and John Cornyn, Attorney General of the State
of Texas in his representative capacity, and the Office of the Attorney
General of the State of Texas, Child Support Division.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Concurrent Resolution 208 grants permission for Carmen R. Melenyzer,
individually and as next friend of Russell Glen Melenyzer, a child, or any
other person who may hereafter be appointed by the court to act for or on
behalf of the child to sue the State of Texas and John Cornyn, Attorney
General of the State of Texas in his representative capacity, and the
Office of the Attorney General of the State of Texas, Child Support
Division (division).  H.C.R. 242 provides that the attorney general and the
director of the division be served process.