CHAPTER 204. CHILD SUPPORT COLLECTION BY PRIVATE ENTITY
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE C. JUDICIAL RESOURCES AND SERVICES
CHAPTER 204. CHILD SUPPORT COLLECTION BY PRIVATE ENTITY
Sec. 204.001. APPLICABILITY. This chapter applies only to a
commissioners court or domestic relations office of a county that
did not have the authority to contract with a private entity to
receive, disburse, and record payments or restitution of child
support on January 1, 1997.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,
1997. Redesignated from Human Resources Code Sec. 153.001 and
amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
740, Sec. 3, eff. June 17, 2005.
Sec. 204.002. AUTHORITY TO CONTRACT. A county, acting through
its commissioners court or domestic relations office, may
contract with a private entity to:
(1) enforce, collect, receive, and disburse:
(A) child support payments;
(B) other amounts due under a court order containing an order to
pay child support; and
(C) fees, including fees provided by this chapter;
(2) maintain appropriate records, including records of child
support and other amounts and fees that are due, past due, paid,
or delinquent;
(3) locate absent parents;
(4) furnish statements to parents accounting for payments that
are due, past due, paid, or delinquent;
(5) send billings and other appropriate notices to parents;
(6) perform any duty or function that a local registry is
authorized to perform;
(7) perform any duty or function in connection with the state
case registry; or
(8) provide another child support or visitation enforcement
service authorized by the commissioners court, including
mediation of disputes related to child support or visitation.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,
1997. Redesignated from Human Resources Code Sec. 153.002 and
amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,
1999.
Sec. 204.003. TERMS AND CONDITIONS OF CONTRACT. The
commissioners court or domestic relations office shall include
all appropriate terms and conditions in the contract that it
determines are reasonable to secure the services of a private
entity as provided by this chapter, including:
(1) provisions specifying the services to be provided by the
entity;
(2) the method, conditions, and amount of compensation for the
entity;
(3) provisions for the security of funds collected as child
support, fees, or other amounts under the contract or that
otherwise provide reasonable assurance to the county of the
entity's full and faithful performance of the contract;
(4) provisions specifying the records to be kept by the entity,
including any records necessary to fully account for all funds
received and disbursed as child support, fees, or other amounts;
(5) requirements governing the inspection, verification, audit,
or explanation of the entity's accounting or other records;
(6) the county's right to terminate the contract on 30 days'
notice to the private entity if the private entity engages in an
ongoing pattern of child support enforcement that constitutes
wilful and gross misconduct subjecting delinquent obligors to
unconscionable duress, abuse, or harassment;
(7) provisions permitting an obligor and obligee to jointly
waive the monitoring procedure, if not required by law, by
written request approved by order of the court having
jurisdiction of the suit in which the child support order was
issued; and
(8) provisions for the disclosure or nondisclosure of
information or records maintained or known to the entity as a
result of contract performance, including a requirement for the
private entity to:
(A) disclose to any child support obligor that the private
entity is attempting to enforce the obligor's child support
obligation; and
(B) make no disclosure of the information or records other than
in furtherance of the effort to enforce the child support order.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,
1997. Redesignated from Human Resources Code Sec. 153.003 and
amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,
1999.
Sec. 204.004. FUNDING. (a) To provide or recover the costs of
providing services authorized by this chapter, a commissioners
court, on its behalf or on behalf of the domestic relations
office, may:
(1) provide by order for the assessment and collection of a
reasonable fee at the time a party files a suit affecting the
parent-child relationship;
(2) provide by order for the assessment and collection of a fee
of $3 per month at a time specified for payment of child support;
(3) provide by order for the assessment and collection of a late
payment fee of $4 per month to be imposed if an obligor does not
make a payment of child support in full when due;
(4) accept or receive funds from public grants or private
sources available for providing services authorized by this
chapter; or
(5) use any combination of funding sources specified by this
subsection.
(b) The commissioners court, on its behalf or on behalf of the
domestic relations office, may:
(1) provide by order for reasonable exemptions from the
collection of fees authorized by Subsection (a); and
(2) require payment of a fee authorized by Subsection (a)(2)
annually and in advance.
(c) The commissioners court may not charge a fee under
Subsection (a)(2) if the amount of child support ordered to be
paid is less than the equivalent of $100 per month.
(d) The fees established under Subsection (a) may be collected
by any means provided for the collection of child support. The
commissioners court may provide by order, on its behalf or on
behalf of the domestic relations office, for the manner of
collection of fees and the apportionment of payments received to
meet fee obligations.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,
1997. Redesignated from Human Resources Code Sec. 153.004 and
amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,
1999.
Sec. 204.005. CUMULATIVE EFFECT OF CHAPTER. A power or duty
conferred on a county, county official, or county instrumentality
by this chapter is cumulative of the powers and duties created or
conferred by other law.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1,
1997. Redesignated from Human Resources Code Sec. 153.005 and
amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1,
1999.