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.