CHAPTER 231. TITLE IV-D SERVICES
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE D. ADMINISTRATIVE SERVICES
CHAPTER 231. TITLE IV-D SERVICES
SUBCHAPTER A. ADMINISTRATION OF TITLE IV-D PROGRAM
Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY. The office of
the attorney general is designated as the state's Title IV-D
agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.0011. DEVELOPMENT OF STATEWIDE INTEGRATED SYSTEM FOR
CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT. (a) The Title
IV-D agency shall have final approval authority on any contract
or proposal for delivery of Title IV-D services under this
section and in coordination with the Texas Judicial Council, the
Office of Court Administration of the Texas Judicial System, the
federal Office of Child Support Enforcement, and state, county,
and local officials, shall develop and implement a statewide
integrated system for child support and medical support
enforcement, employing federal, state, local, and private
resources to:
(1) unify child support registry functions;
(2) record and track all child support orders entered in the
state;
(3) establish an automated enforcement process which will use
delinquency monitoring, billing, and other enforcement techniques
to ensure the payment of current support;
(4) incorporate existing enforcement resources into the system
to obtain maximum benefit from state and federal funding; and
(5) ensure accountability for all participants in the process,
including state, county, and local officials, private
contractors, and the judiciary.
(b) Counties and other providers of child support services shall
be required, as a condition of participation in the unified
system, to enter into a contract with the Title IV-D agency, to
comply with all federal requirements for the Title IV-D program,
and to maintain at least the current level of funding for
activities which are proposed to be included in the integrated
child support system.
(c) The Title IV-D agency may contract with any county meeting
technical system requirements necessary to comply with federal
law for provision of Title IV-D services in that county. All new
cases in which support orders are entered in such county after
the effective date of a monitoring contract shall be Title IV-D
cases. Any other case in the county, subject to federal
requirements and the agreement of the county and the Title IV-D
agency, may be included as a Title IV-D case. Any obligee under a
support order may refuse Title IV-D enforcement services unless
required to accept such services pursuant to other law.
(d) Counties participating in the unified enforcement system
shall monitor all child support registry cases and on delinquency
may, subject to the approval of the Title IV-D agency, provide
enforcement services through:
(1) direct provision of services by county personnel;
(2) subcontracting all or portions of the services to private
entities or attorneys; or
(3) such other methods as may be approved by the Title IV-D
agency.
(e) The Title IV-D agency may phase in the integrated child
support registry and enforcement system, and the requirement to
implement the system shall be contingent on the receipt of
locally generated funds and federal reimbursement. Locally
generated funds include but are not limited to funds contributed
by counties and cities.
(f) The Title IV-D agency shall adopt rules to implement this
section.
(g) Participation in the statewide integrated system for child
support and medical support enforcement by a county is voluntary,
and nothing in this section shall be construed to mandate
participation.
(h) This section does not limit the ability of the Title IV-D
agency to enter into an agreement with a county for the provision
of services as authorized under Section 231.002.
Added by Acts 1995, 74th Leg., ch. 341, Sec. 1.01, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 12, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 50, eff. Sept.
1, 1999.
Sec. 231.0012. CHILD SUPPORT ENFORCEMENT MANAGEMENT. The person
appointed by the attorney general as the person responsible for
managing the Title IV-D agency's child support enforcement duties
shall report directly to the attorney general.
Added by Acts 1997, 75th Leg., ch. 420, Sec. 16, eff. Sept. 1,
1997.
Sec. 231.0013. DEDICATION OF FUNDS. Appropriations made to the
Title IV-D agency for child support enforcement may be expended
only for the purposes for which the money was appropriated.
Added by Acts 1997, 75th Leg., ch. 420, Sec. 16, eff. Sept. 1,
1997.
Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency
may:
(1) accept, transfer, and expend funds, subject to the General
Appropriations Act, made available by the federal or state
government or by another public or private source for the purpose
of carrying out this chapter;
(2) adopt rules for the provision of child support services;
(3) initiate legal actions needed to implement this chapter; and
(4) enter into contracts or agreements necessary to administer
this chapter.
(b) The Title IV-D agency may perform the duties and functions
necessary for locating children under agreements with the federal
government as provided by 42 U.S.C. Section 663.
(c) The Title IV-D agency may enter into agreements or contracts
with federal, state, or other public or private agencies or
individuals for the purpose of carrying out the agency's
responsibilities under federal or state law. The agreements or
contracts between the agency and other state agencies or
political subdivisions of this or another state, including a
consortia of multiple states, and agreements or contracts with
vendors for the delivery of program services are not subject to
Chapter 771 or 783, Government Code.
(d) Consistent with federal law and any international treaty or
convention to which the United States is a party and that has
been ratified by the United States Congress, the Title IV-D
agency may:
(1) on approval by and in cooperation with the governor, pursue
negotiations and enter into reciprocal arrangements with the
federal government, another state, or a foreign country or a
political subdivision of the federal government, state, or
foreign country to:
(A) establish and enforce child support obligations; and
(B) establish mechanisms to enforce an order providing for
possession of or access to a child rendered under Chapter 153;
(2) spend money appropriated to the agency for child support
enforcement to engage in international child support enforcement;
and
(3) spend other money appropriated to the agency necessary for
the agency to conduct the agency's activities under Subdivision
(1).
(e) The Title IV-D agency may take the following administrative
actions with respect to the location of a parent, the
determination of parentage, and the establishment, modification,
and enforcement of child support and medical support orders
required by 42 U.S.C. Section 666(c), without obtaining an order
from any other judicial or administrative tribunal:
(1) issue an administrative subpoena, as provided by Section
231.303, to obtain financial or other information;
(2) order genetic testing for parentage determination, as
provided by Chapter 233;
(3) order income withholding, as provided by Chapter 233, and
issue an administrative writ of withholding, as provided by
Chapter 158; and
(4) take any action with respect to execution, collection, and
release of a judgment or lien for child support necessary to
satisfy the judgment or lien, as provided by Chapter 157.
(f) The Title IV-D agency shall recognize and enforce the
authority of the Title IV-D agency of another state to take
actions similar to the actions listed in this section.
(g) The Title IV-D agency shall develop and use procedures for
the administrative enforcement of interstate cases meeting the
requirements of 42 U.S.C. Section 666(a)(14) under which the
agency:
(1) shall promptly respond to a request made by another state
for assistance in a Title IV-D case; and
(2) may, by electronic or other means, transmit to another state
a request for assistance in a Title IV-D case.
(h) Repealed by Acts 2009, 81st Leg., R.S., Ch. 164, Sec. 3,
eff. May 26, 2009.
(i) The Title IV-D agency may provide a release or satisfaction
of a judgment for all or part of the amount of the arrearages
assigned to the Title IV-D agency under Section 231.104(a).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 874, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 68, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.27, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 556, Sec. 51, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 310, Sec. 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 610, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
164, Sec. 3, eff. May 26, 2009.
Sec. 231.003. FORMS AND PROCEDURES. The Title IV-D agency shall
by rule promulgate any forms and procedures necessary to comply
fully with the intent of this chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.005. BIENNIAL REPORT REQUIRED. (a) The Title IV-D
agency shall report to the legislature each biennium on:
(1) the effectiveness of the agency's child support enforcement
activity in reducing the state's public assistance obligations;
(2) the use and effectiveness of all enforcement tools
authorized by state or federal law or otherwise available to the
agency; and
(3) the progress and impact of the Title IV-D agency's efforts
to use private contractors to perform Title IV-D program
functions.
(b) The agency shall develop a method for estimating the costs
and benefits of the child support enforcement program and the
effect of the program on appropriations for public assistance.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 51, eff.
Sept. 1, 1999.
Sec. 231.006. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS OR
RECEIVE PAYMENT ON STATE CONTRACTS. (a) A child support obligor
who is more than 30 days delinquent in paying child support and a
business entity in which the obligor is a sole proprietor,
partner, shareholder, or owner with an ownership interest of at
least 25 percent is not eligible to:
(1) receive payments from state funds under a contract to
provide property, materials, or services; or
(2) receive a state-funded grant or loan.
(a-1) Repealed by Acts 2007, 80th Leg., R.S., Ch. 972, Sec.
65(1), eff. September 1, 2007.
(b) A child support obligor or business entity ineligible to
receive payments under Subsection (a) remains ineligible until:
(1) all arrearages have been paid;
(2) the obligor is in compliance with a written repayment
agreement or court order as to any existing delinquency; or
(3) the court of continuing jurisdiction over the child support
order has granted the obligor an exemption from Subsection (a) as
part of a court-supervised effort to improve earnings and child
support payments.
(c) A bid or an application for a contract, grant, or loan paid
from state funds must include the name and social security number
of the individual or sole proprietor and each partner,
shareholder, or owner with an ownership interest of at least 25
percent of the business entity submitting the bid or application.
(d) A contract, bid, or application subject to the requirements
of this section must include the following statement:
"Under Section 231.006, Family Code, the vendor or applicant
certifies that the individual or business entity named in this
contract, bid, or application is not ineligible to receive the
specified grant, loan, or payment and acknowledges that this
contract may be terminated and payment may be withheld if this
certification is inaccurate."
(e) If a state agency determines that an individual or business
entity holding a state contract is ineligible to receive payment
under Subsection (a), the contract may be terminated.
(f) If the certificate required under Subsection (d) is shown to
be false, the vendor is liable to the state for attorney's fees,
the costs necessary to complete the contract, including the cost
of advertising and awarding a second contract, and any other
damages provided by law or contract.
(g) This section does not create a cause of action to contest a
bid or award of a state grant, loan, or contract. This section
does not impose a duty on the Title IV-D agency to collect
information to send to the comptroller to withhold a payment to a
business entity. The Title IV-D agency and other affected
agencies are encouraged to develop a system by which the Title
IV-D agency may identify a business entity that is ineligible to
receive a state payment under Subsection (a) and to ensure that a
state payment to the entity is not made. This system should be
implemented using existing funds and only if the Title IV-D
agency, comptroller, and other affected agencies determine that
it will be cost-effective.
(h) This section does not apply to a contract between
governmental entities.
(i) The Title IV-D agency may adopt rules or prescribe forms to
implement any provision of this section.
(j) A state agency may accept a bid that does not include the
information required under Subsection (c) if the state agency
collects the information before the contract, grant, or loan is
executed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 82, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 28, Sec. 1, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 437, Sec. 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1015, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 45, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 65(1), eff. September 1, 2007.
Sec. 231.007. DEBTS TO STATE. (a) A person obligated to pay
child support in a case in which the Title IV-D agency is
providing services under this chapter who does not pay the
required support is indebted to the state for the purposes of
Section 403.055, Government Code, if the Title IV-D agency has
reported the person to the comptroller under that section
properly.
(b) The amount of a person's indebtedness to the state under
Subsection (a) is equal to the sum of:
(1) the amount of the required child support that has not been
paid; and
(2) any interest, fees, court costs, or other amounts owed by
the person because the person has not paid the support.
(c) The Title IV-D agency is the sole assignee of all payments,
including payments of compensation, by the state to a person
indebted to the state under Subsection (a).
(d) On request of the Title IV-D agency:
(1) the comptroller shall make payable and deliver to the agency
any payments for which the agency is the assignee under
Subsection (c), if the comptroller is responsible for issuing
warrants or initiating electronic funds transfers to make those
payments; and
(2) a state agency shall make payable and deliver to the Title
IV-D agency any payments for which the Title IV-D agency is the
assignee under Subsection (c) if the comptroller is not
responsible for issuing warrants or initiating electronic funds
transfers to make those payments.
(e) A person indebted to the state under Subsection (a) may
eliminate the debt by:
(1) paying the entire amount of the debt; or
(2) resolving the debt in a manner acceptable to the Title IV-D
agency.
(f) The comptroller or a state agency may rely on a
representation by the Title IV-D agency that:
(1) a person is indebted to the state under Subsection (a); or
(2) a person who was indebted to the state under Subsection (a)
has eliminated the debt.
(g) Except as provided by Subsection (h), the payment of
workers' compensation benefits to a person indebted to the state
under Subsection (a) is the same for the purposes of this section
as any other payment made to the person by the state.
Notwithstanding Section 408.203, Labor Code, an order or writ to
withhold income from workers' compensation benefits is not
required before the benefits are withheld or assigned under this
section.
(h) The amount of weekly workers' compensation benefits that may
be withheld or assigned under this section may not exceed 50
percent of the person's weekly compensation benefits. The
comptroller or a state agency may rely on a representation by the
Title IV-D agency that a withholding or assignment under this
section would not violate this subsection.
(i) Section 403.055(d), Government Code, does not authorize the
comptroller to issue a warrant or initiate an electronic funds
transfer to pay the compensation or remuneration of an individual
who is indebted to the state under Subsection (a).
(j) Section 2107.008(h), Government Code, does not authorize a
state agency to pay the compensation or remuneration of an
individual who is indebted to the state under Subsection (a).
(k) In this section, "compensation," "state agency," and "state
officer or employee" have the meanings assigned by Section
403.055, Government Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 83, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.19, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1467, Sec. 1.07, eff.
Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1158, Sec. 6, eff. June
15, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 13, eff. Sept. 1,
2003.
Sec. 231.008. DISPOSITION OF FUNDS. (a) The Title IV-D agency
shall deposit money received under assignments or as fees in a
special fund in the state treasury. The agency may spend money in
the fund for the administration of this chapter, subject to the
General Appropriations Act.
(b) All other money received under this chapter shall be
deposited in a special fund in the state treasury.
(c) Sections 403.094 and 403.095, Government Code, do not apply
to a fund described by this section.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.009. PAYMENT OF PENALTIES. From funds appropriated for
the Title IV-D agency, the agency shall reimburse the Texas
Department of Human Services for any penalty assessed under Title
IV-A of the federal Social Security Act (42 U.S.C. Section 651 et
seq.) that is assessed because of the agency's administration of
this chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.010. COOPERATION WITH DEPARTMENT OF PROTECTIVE AND
REGULATORY SERVICES. (a) In this section, "department" means
the Department of Protective and Regulatory Services.
(b) To the extent possible, the Title IV-D agency shall:
(1) provide to the department access to all of the Title IV-D
agency's available child support locating resources;
(2) allow the department to use the Title IV-D agency's child
support enforcement system to track child support payments and to
have access to the agency's management reports that show payments
made;
(3) make reports on Title IV-E, Social Security Act (42 U.S.C.
Section 670 et seq.), foster care collections available to the
department in a timely manner; and
(4) work with the department to obtain child support payments
for protective services cases in which the department is
responsible for providing care for children under temporary and
final orders.
Added by Acts 1999, 76th Leg., ch. 228, Sec. 1, eff. Sept. 1,
1999. Renumbered from Family Code Sec. 231.011 by Acts 2003, 78th
Leg., ch. 1275, Sec. 2(53), eff. Sept. 1, 2003.
Sec. 231.012. CHILD SUPPORT WORK GROUP. (a) The director of
the Title IV-D agency may convene a work group representing
public and private entities with an interest in child support
enforcement in this state to work with the director in developing
strategies to improve child support enforcement in this state.
(b) The director of the Title IV-D agency shall appoint the
members of the work group after consulting with appropriate
public and private entities.
(c) The work group shall meet as convened by the director of the
Title IV-D agency and consult with the director on matters
relating to child support enforcement in this state, including
the delivery of Title IV-D services.
(d) A work group member or the member's designee may not receive
compensation but is entitled to reimbursement for actual and
necessary expenses incurred in performing the member's duties
under this section.
(e) The work group is not an advisory committee as defined by
Section 2110.001, Government Code. Chapter 2110, Government Code,
does not apply to the work group.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 51, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 1258, Sec. 25, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 46, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 47, eff. September 1, 2007.
Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE. (a)
The Title IV-D agency shall create an information resources
steering committee to:
(1) oversee information resource project development for the
Title IV-D agency;
(2) make strategic prioritization recommendations;
(3) facilitate development of accurate information for the
director of the Title IV-D agency; and
(4) perform other functions as determined by the director of the
Title IV-D agency.
(b) The steering committee must include a senior management
executive representing each significant function of the Title
IV-D agency. The steering committee may include a person
representing:
(1) counties; or
(2) a vendor contracting with the Title IV-D agency.
(c) The director of the Title IV-D agency shall appoint the
members of the steering committee after consulting with the
Department of Information Resources.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 51, eff. Sept. 1,
1999.
Sec. 231.014. PERSONNEL. The director of the Title IV-D agency
shall provide to the employees of the Title IV-D agency, as often
as necessary, information regarding the requirements for
employment under this title, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state employees.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 51, eff. Sept. 1,
1999.
Sec. 231.015. INSURANCE REPORTING PROGRAM. (a) In consultation
with the Texas Department of Insurance and representatives of the
insurance industry in this state, including insurance trade
associations, the Title IV-D agency by rule shall operate a
program to improve the enforcement of child support, including
the use of child support liens under Chapter 157. The program
shall provide for procedures, including data matches, under which
insurance companies shall cooperate with the Title IV-D agency in
identifying obligors who owe child support arrearages or who are
subject to liens for child support arrearages to intercept
certain liability insurance settlements or awards for claims in
satisfaction of the arrearage amounts.
(b) An insurance company that provides information or responds
to a notice of child support lien or levy under Subchapter G,
Chapter 157, or acts in good faith to comply with procedures
established by the Title IV-D agency under this section is not
liable for those acts under any law to any person.
Added by Acts 2001, 77th Leg., ch. 1023, Sec. 52, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 27, eff. June 19, 2009.
SUBCHAPTER B. SERVICES PROVIDED BY TITLE IV-D PROGRAM
Sec. 231.101. TITLE IV-D CHILD SUPPORT SERVICES. (a) The Title
IV-D agency may provide all services required or authorized to be
provided by Part D of Title IV of the federal Social Security Act
(42 U.S.C. Section 651 et seq.), including:
(1) parent locator services;
(2) paternity determination;
(3) child support and medical support establishment;
(4) review and adjustment of child support orders;
(5) enforcement of child support and medical support orders; and
(6) collection and distribution of child support payments.
(b) At the request of either the obligee or obligor, the Title
IV-D agency shall review a child support order once every three
years and, if appropriate, adjust the support amount to meet the
requirements of the child support guidelines under Chapter 154.
(c) Except as notice is included in the child support order, a
party subject to a support order shall be provided notice not
less than once every three years of the party's right to request
that the Title IV-D agency review and, if appropriate, adjust the
amount of ordered support.
(d) The Title IV-D agency may review a support order at any time
on a showing of a material and substantial change in
circumstances, taking into consideration the best interests of
the child.
(e) The Title IV-D agency shall distribute a child support
payment received by the agency from an employer within two
working days after the date the agency receives the payment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 702, Sec. 13, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 69, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(22), eff. Sept.
1, 1999.
Sec. 231.102. ELIGIBILITY FOR CHILD SUPPORT SERVICES. The Title
IV-D agency on application or as otherwise authorized by law may
provide services for the benefit of a child without regard to
whether the child has received public assistance.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.103. APPLICATION AND SERVICE FEES. (a) The Title IV-D
agency may:
(1) charge a reasonable application fee;
(2) charge a $25 annual service fee; and
(3) to the extent permitted by federal law, recover costs for
the services provided in a Title IV-D case.
(b) An application fee may not be charged in a case in which the
Title IV-D agency provides services because the family receives
public assistance.
(c) An application fee may not exceed a maximum amount
established by federal law.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 65(3),
eff. September 1, 2007.
(e) The Title IV-D agency may impose and collect a fee as
authorized by federal law for each request for parent locator
services under Section 231.101(a).
(f) The state disbursement unit established and operated by the
Title IV-D agency under Chapter 234 may collect a monthly service
fee of $3 in each case in which support payments are processed
through the unit.
(g) The Title IV-D agency by rule shall establish procedures for
the imposition of fees and recovery of costs authorized under
this section.
(g-1) A fee authorized under this section for providing child
support enforcement services is part of the child support
obligation if the obligor is responsible for the fee, and may be
enforced against the obligor through any method available for the
enforcement of child support, including contempt.
(h) The attorney general child support application and service
fee account is an account in the general revenue fund in the
state treasury. The account consists of all fees and costs
collected under this section. The Title IV-D agency may only use
the money in the account for agency program expenditures.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 2003, 78th Leg., ch. 1262, Sec. 2, 3, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 48, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 65(3), eff. September 1, 2007.
Sec. 231.104. ASSIGNMENT OF RIGHT TO SUPPORT. (a) To the
extent authorized by federal law, the approval of an application
for or the receipt of financial assistance as provided by Chapter
31, Human Resources Code, constitutes an assignment to the Title
IV-D agency of any rights to support from any other person that
the applicant or recipient may have personally or for a child for
whom the applicant or recipient is claiming assistance.
(b) An application for child support services is an assignment
of support rights to enable the Title IV-D agency to establish
and enforce child support and medical support obligations, but an
assignment is not a condition of eligibility for services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 70, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 53, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 14, eff. Sept.
1, 2003.
Sec. 231.105. NOTICE OF CHANGE OF PAYEE. (a) Child support
payments for the benefit of a child whose support rights have
been assigned to the Title IV-D agency under Section 231.104
shall be made payable to the Title IV-D agency and transmitted to
the state disbursement unit as provided by Chapter 234.
(b) If a court has ordered support payments to be made to an
applicant for or recipient of financial assistance or to an
applicant for or recipient of Title IV-D services, the Title IV-D
agency shall, on providing notice to the obligee and the obligor,
direct the obligor or other payor to make support payments
payable to the Title IV-D agency and to transmit the payments to
the state disbursement unit. The Title IV-D agency shall file a
copy of the notice with the court ordering the payments and with
the child support registry. The notice must include:
(1) a statement that the child is an applicant for or recipient
of financial assistance, or a child other than a recipient child
for whom Title IV-D services are provided;
(2) the name of the child and the caretaker for whom support has
been ordered by the court;
(3) the style and cause number of the case in which support was
ordered; and
(4) instructions for the payment of ordered support to the
agency.
(c) On receipt of a copy of the notice under Subsection (b), the
clerk of the court shall file the notice in the appropriate case
file.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 71, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 54, eff.
Sept. 1, 2001.
Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) On
termination of support rights to the Title IV-D agency, the Title
IV-D agency shall, after providing notice to the obligee and the
obligor, send a notice of termination of assignment to the
obligor or other payor, which may direct that all or a portion of
the payments be made payable to the agency and to other persons
who are entitled to receive the payments.
(b) The Title IV-D agency shall send a copy of the notice of
termination of assignment to the court ordering the support and
to the child support registry, and on receipt of the notice the
clerk of the court shall file the notice in the appropriate case
file. The clerk may not require an order of the court to
terminate the assignment and direct support payments to the
person entitled to receive the payment.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 72, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 52, eff. Sept.
1, 1999.
Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
ASSIGNMENT. If an abstract of judgment or a child support lien
on support amounts assigned to the Title IV-D agency under this
chapter has previously been filed of record, the agency shall
file for recordation, with the county clerk of each county in
which such abstract or lien has been filed, a certificate that a
notice of change of payee or a notice of termination of
assignment has been issued by the agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 73, eff.
Sept. 1, 1997.
Sec. 231.108. CONFIDENTIALITY OF RECORDS AND PRIVILEGED
COMMUNICATIONS. (a) Except as provided by Subsection (c), all
files and records of services provided under this chapter,
including information concerning a custodial parent, noncustodial
parent, child, and an alleged or presumed father, are
confidential.
(b) Except as provided by Subsection (c), all communications
made by a recipient of financial assistance under Chapter 31,
Human Resources Code, or an applicant for or recipient of
services under this chapter are privileged.
(c) The Title IV-D agency may use or release information from
the files and records, including information that results from a
communication made by a recipient of financial assistance under
Chapter 31, Human Resources Code, or by an applicant for or
recipient of services under this chapter, for purposes directly
connected with the administration of the child support, paternity
determination, parent locator, or aid to families with dependent
children programs. The Title IV-D agency may release information
from the files and records to a consumer reporting agency in
accordance with Section 231.114.
(d) The Title IV-D agency by rule may provide for the release of
information to public officials.
(e) The Title IV-D agency may not release information on the
physical location of a person if:
(1) a protective order has been entered with respect to the
person; or
(2) there is reason to believe that the release of information
may result in physical or emotional harm to the person.
(f) The Title IV-D agency, by rule, may provide for the release
of information to persons for purposes not prohibited by federal
law.
(g) The final order in a suit adjudicating parentage is
available for public inspection as provided by Section 160.633.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.08, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 74, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 53, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 610, Sec. 15, eff. Sept. 1, 2003.
Sec. 231.109. ATTORNEYS REPRESENTING STATE. (a) Attorneys
employed by the Title IV-D agency may represent this state or
another state in an action brought under the authority of federal
law or this chapter.
(b) The Title IV-D agency may contract with private attorneys,
other private entities, or political subdivisions of the state to
provide services in Title IV-D cases.
(c) The Title IV-D agency shall provide copies of all contracts
entered into under this section to the Legislative Budget Board
and the Governor's Office of Budget and Planning, along with a
written justification of the need for each contract, within 60
days after the execution of the contract.
(d) An attorney employed to provide Title IV-D services
represents the interest of the state and not the interest of any
other party. The provision of services by an attorney under this
chapter does not create an attorney-client relationship between
the attorney and any other party. The agency shall, at the time
an application for child support services is made, inform the
applicant that neither the Title IV-D agency nor any attorney who
provides services under this chapter is the applicant's attorney
and that the attorney providing services under this chapter does
not provide legal representation to the applicant.
(e) An attorney employed by the Title IV-D agency or as
otherwise provided by this chapter may not be appointed or act as
an amicus attorney or attorney ad litem for a child or another
party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.02, eff.
Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
172, Sec. 21, eff. September 1, 2005.
Sec. 231.110. AUTHORIZATION OF SERVICE. The provision of
services by the Title IV-D agency under this chapter or Part D of
Title IV of the federal Social Security Act (42 U.S.C. Section
651 et seq.) does not authorize service on the agency of any
legal notice that is required to be served on any party other
than the agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.111. DISQUALIFICATION OF AGENCY. A court shall not
disqualify the Title IV-D agency in a legal action filed under
this chapter or Part D of Title IV of the federal Social Security
Act (42 U.S.C. Section 651 et seq.) on the basis that the agency
has previously provided services to a party whose interests may
now be adverse to the relief requested.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On
notification by the state registrar under Section 192.005(d),
Health and Safety Code, that the items relating to the child's
father are not completed on a birth certificate filed with the
state registrar, the Title IV-D agency may provide to:
(1) the child's mother and, if possible, the man claiming to be
the child's biological father written information necessary for
the man to complete an acknowledgment of paternity as provided by
Chapter 160; and
(2) the child's mother written information:
(A) explaining the benefits of having the child's paternity
established; and
(B) regarding the availability of paternity establishment and
child support enforcement services.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff.
Sept. 1, 1999.
Sec. 231.113. ENFORCEMENT OF SUPPORT OBLIGATIONS IN PUBLIC
ASSISTANCE CASES. To the extent possible, the Title IV-D agency
shall enforce a child support obligation in a case involving a
child who receives financial assistance under Chapter 31, Human
Resources Code, not later than the first anniversary of the date
the agency receives from the Texas Department of Human Services
the information the department is required to provide to assist
in the enforcement of that obligation.
Added by Acts 1995, 74th Leg., ch. 341, Sec. 1.03, eff. Sept. 1,
1995.
Sec. 231.114. REPORTS OF CHILD SUPPORT PAYMENTS TO CONSUMER
REPORTING AGENCIES. (a) The Title IV-D agency shall make
information available in accordance with this section to a
consumer reporting agency regarding the amount of child support
owed and the amount paid by an obligor in a Title IV-D case.
(b) Before disclosing the information to consumer reporting
agencies, the Title IV-D agency shall send the obligor a notice
by mail to the obligor's last known address. The notice must
include:
(1) the information to be released, including the amount of the
obligor's child support obligation and delinquency, if any, that
will be reported;
(2) the procedure available for the obligor to contest the
accuracy of the information; and
(3) a statement that the information will be released if the
obligor fails to contest the disclosure before the 30th day after
the date of mailing of the notice.
(c) If the obligor does not contest the disclosure within the
period specified by Subsection (b), the Title IV-D agency shall
make the information available to the consumer reporting agency.
(d) The Title IV-D agency shall regularly update the information
released to a consumer reporting agency under this section to
ensure the accuracy of the released information.
(e) The Title IV-D agency may charge a consumer reporting agency
a reasonable fee for making information available under this
section, including all applicable mailing costs.
(f) In this section:
(1) "Consumer reporting agency" means any person that regularly
engages in whole or in part in the practice of assembling or
evaluating consumer credit information or other information on
consumers for monetary fees, for dues, or on a cooperative
nonprofit basis, to furnish consumer reports to third parties.
(2) "Obligor" means any person required to make payments under
the terms of a support order for a child.
(3) "Title IV-D case" means a case in which services are being
provided by the Title IV-D agency under Part D of Title IV of the
federal Social Security Act (42 U.S.C. Section 651 et seq.)
seeking to locate an absent parent, determine parentage, or
establish, modify, enforce, or monitor a child support
obligation.
Added by Acts 1995, 74th Leg., ch. 341, Sec. 1.03, eff. Sept. 1,
1995.
Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC ASSISTANCE.
(a) The failure by a person who is a recipient of public
assistance under Chapter 31, Human Resources Code, to provide
accurate information as required by Section 31.0315, Human
Resources Code, shall serve as the basis for a determination by
the Title IV-D agency that the person did not cooperate with the
Title IV-D agency.
(b) The Title IV-D agency shall:
(1) identify the actions or failures to act by a recipient of
public assistance that constitute noncooperation with the Title
IV-D agency;
(2) adopt rules governing noncompliance; and
(3) send noncompliance determinations to the Texas Department of
Human Services for immediate imposition of sanctions.
(c) In adopting rules under this section that establish the
basis for determining that a person has failed to cooperate with
the Title IV-D agency, the Title IV-D agency shall consider
whether:
(1) good cause exists for the failure to cooperate;
(2) the person has failed to disclose the name and location of
an alleged or probable parent of the child, if known by the
person, at the time of applying for public assistance or at a
subsequent time; and
(3) the person named a man as the alleged father and the man was
subsequently excluded by parentage testing as being the father if
the person has previously named another man as the child's
father.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 75, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff.
Sept. 1, 1999.
Sec. 231.116. INFORMATION ON INTERNET. The Title IV-D agency
shall place on the Internet for public access child support
information to assist the public in child support matters,
including application forms, child support collection in other
states, and profiles of certain obligors who are in arrears in
paying child support.
Added by Acts 1997, 75th Leg., ch. 420, Sec. 18, eff. Sept. 1,
1997.
Sec. 231.1165. INFORMATION ON SERVICE OF CITATION. The Title
IV-D agency shall update the agency's child support automated
system to inform the parties in a suit of the service of citation
in the suit not later than the first business day after the date
the agency receives notice that citation has been served. The
information required by this section must be available by
telephone and on the Internet.
Added by Acts 2001, 77th Leg., ch. 141, Sec. 1, eff. Sept. 1,
2001.
Sec. 231.117. UNEMPLOYED AND UNDEREMPLOYED OBLIGORS. (a) The
Title IV-D agency shall refer to appropriate state and local
entities that provide employment services any unemployed or
underemployed obligor who is in arrears in court-ordered child
support payments.
(b) A referral under Subsection (a) may include:
(1) skills training and job placement through:
(A) the Texas Workforce Commission; or
(B) the agency responsible for the food stamp employment and
training program (7 U.S.C. Section 2015(d));
(2) referrals to education and literacy classes; and
(3) counseling regarding:
(A) substance abuse;
(B) parenting skills;
(C) life skills; and
(D) mediation techniques.
(c) The Title IV-D agency may require an unemployed or
underemployed obligor to complete the training, classes, or
counseling to which the obligor is referred under this section.
The agency shall suspend under Chapter 232 the license of an
obligor who fails to comply with the requirements of this
subsection.
(d) A court or the Title IV-D agency may issue an order that
requires the parent to either work, have a plan to pay overdue
child support, or participate in work activities appropriate to
pay the overdue support.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 7.20(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 1072, Sec. 5, eff.
Sept. 1, 1999. Renumbered from Sec. 231.115 by Acts 1999, 76th
Leg., ch. 62, Sec. 19.01(23), eff. Sept. 1, 1999. Renumbered from
Sec. 231.115 and amended by Acts 1999, 76th Leg., ch. 556, Sec.
54, eff. Sept. 1, 1999.
Sec. 231.118. SERVICE OF CITATION. (a) The Title IV-D agency
may contract with private process servers to serve a citation, a
subpoena, an order, or any other document required or appropriate
under law to be served a party.
(b) For the purposes of Rule 103 of the Texas Rules of Civil
Procedure, a person who serves a citation or any other document
under this section is authorized to serve the document without a
written court order authorizing the service.
(c) Issuance and return of the process shall be made in
accordance with law and shall be verified by the person serving
the document.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1,
1999.
Sec. 231.119. OMBUDSMAN PROGRAM. (a) The Title IV-D agency
shall establish an ombudsman program to process and track
complaints against the Title IV-D agency. The director of the
Title IV-D agency shall:
(1) designate an employee to serve as chief ombudsman to manage
the ombudsman program; and
(2) designate an employee in each field office to act as the
ombudsman for the office.
(b) The Title IV-D agency shall develop and implement a uniform
process for receiving and resolving complaints against the Title
IV-D agency throughout the state. The process shall include
statewide procedures to inform the public and recipients of Title
IV-D services of the right to file a complaint against the Title
IV-D agency, including the mailing addresses and telephone
numbers of appropriate Title IV-D agency personnel responsible
for receiving complaints and providing related assistance.
(c) The ombudsman in each field office shall ensure that an
employee in the field office responds to and attempts to resolve
each complaint that is filed with the field office. If a
complaint cannot be resolved at the field office level, the
ombudsman in the field office shall refer the complaint to the
chief ombudsman.
(d) The Title IV-D agency shall maintain a file on each written
complaint filed with the Title IV-D agency. The file must
include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the Title IV-D agency;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
agency closed the file without taking action other than to
investigate the complaint.
(e) The Title IV-D agency, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of
the status of the investigation of the complaint unless the
notice would jeopardize an undercover investigation.
(f) The Title IV-D agency shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the Title IV-D agency's policies and procedures relating
to complaint investigation and resolution.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1,
1999.
Sec. 231.120. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. The
Title IV-D agency shall maintain a toll-free telephone number at
which personnel are available during normal business hours to
answer questions from employers responsible for withholding child
support. The Title IV-D agency shall inform employers about the
toll-free telephone number.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1,
1999.
Sec. 231.121. AVAILABILITY OF BROCHURES. The Title IV-D agency
shall ensure that all Title IV-D brochures published by the
agency are available to the public at courthouses where family
law cases are heard in the state.
Added by Acts 2001, 77th Leg., ch. 141, Sec. 2, eff. Sept. 1,
2001.
Sec. 231.122. MONITORING CHILD SUPPORT CASES; ENFORCEMENT. The
Title IV-D agency shall monitor each Title IV-D case from the
date the agency begins providing services on the case. If a
child support obligor in a Title IV-D case becomes more than 60
days delinquent in paying child support, the Title IV-D agency
shall expedite the commencement of an action to enforce the child
support order.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 1.10, eff. September 1, 2005.
Sec. 231.123. COOPERATION WITH VOLUNTEER INCOME TAX ASSISTANCE
PROGRAMS. (a) In order to maximize the amount of any tax refund
to which an obligor may be entitled and which may be applied to
child support and medical support obligations, the Title IV-D
agency shall cooperate with volunteer income tax assistance
programs in the state in informing obligors of the availability
of the programs.
(b) The Title IV-D agency shall publicize the services of the
volunteer income tax assistance programs by distributing printed
materials regarding the programs and by placing information
regarding the programs on the agency's Internet website.
(c) The Title IV-D agency is not responsible for producing or
paying the costs of producing the printed materials distributed
in accordance with Subsection (b).
Added by Acts 2005, 79th Leg., Ch.
925, Sec. 1, eff. September 1, 2005.
Renumbered from Family Code, Section 231.122 by Acts 2007, 80th
Leg., R.S., Ch.
921, Sec. 17.001(22), eff. September 1, 2007.
SUBCHAPTER C. PAYMENT OF FEES AND COSTS
Sec. 231.201. DEFINITIONS. In this subchapter:
(1) "Federal share" means the portion of allowable expenses for
fees and other costs that will be reimbursed by the federal
government under federal law and regulations regarding the
administration of the Title IV-D program.
(2) "State share" means the portion of allowable expenses for
fees and other costs that remain after receipt of the federal
share of reimbursement and that is to be reimbursed by the state
or may be contributed by certified public expenditure by a
county.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES. In
a Title IV-D case filed under this title, including a case filed
under Chapter 159, the Title IV-D agency shall pay only the
following costs and fees:
(1) filing fees and fees for issuance and service of process as
provided by Chapter 110 of this code and by Sections
51.317(b)(1), (2), and (3) and (b-1), 51.318(b)(2), and
51.319(2), Government Code;
(2) fees for transfer as provided by Chapter 110;
(3) fees for the issuance and delivery of orders and writs of
income withholding in the amounts provided by Chapter 110;
(4) the fee for services provided by sheriffs and constables,
including:
(A) a fee authorized under Section 118.131, Local Government
Code, for serving each item of process to each individual on whom
service is required, including service by certified or registered
mail; and
(B) a fee authorized under Section 157.103(b) for serving a
capias;
(5) the fee for filing an administrative writ of withholding
under Section 158.503(d);
(6) the fee for issuance of a subpoena as provided by Section
51.318(b)(1), Government Code; and
(7) a fee authorized under a local rule for the electronic
filing of documents with a clerk.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.04, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.21(a), eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 116, Sec. 2, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1217, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 49, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
767, Sec. 28, eff. September 1, 2009.
Sec. 231.2025. CONTINGENCY FEES. The Title IV-D agency may pay
a contingency fee in a contract or agreement between the agency
and a private agency or individual authorized under Section
231.002(c).
Added by Acts 1997, 75th Leg., ch. 420, Sec. 19, eff. Sept. 1,
1997.
Sec. 231.203. STATE EXEMPTION FROM BOND NOT AFFECTED. This
subchapter does not affect, nor is this subchapter affected by,
the exemption from bond provided by Section 6.001, Civil Practice
and Remedies Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except as
provided by this subchapter, an appellate court, a clerk of an
appellate court, a district or county clerk, sheriff, constable,
or other government officer or employee may not charge the Title
IV-D agency or a private attorney or political subdivision that
has entered into a contract to provide Title IV-D services any
fees or other amounts otherwise imposed by law for services
rendered in, or in connection with, a Title IV-D case, including:
(1) a fee payable to a district clerk for:
(A) performing services related to the estates of deceased
persons or minors;
(B) certifying copies; or
(C) comparing copies to originals;
(2) a court reporter fee, except as provided by Section 231.209;
(3) a judicial fund fee;
(4) a fee for a child support registry, enforcement office, or
domestic relations office;
(5) a fee for alternative dispute resolution services; and
(6) a filing fee or other costs payable to a clerk of an
appellate court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 55, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 55, eff.
Sept. 1, 2001.
Sec. 231.205. LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL FOR
AUTHORIZED FEES AND COSTS. (a) The Title IV-D agency is liable
for a fee or cost under this subchapter only to the extent that
an express, specific appropriation is made to the agency
exclusively for that purpose. To the extent that state funds are
not available, the amount of costs and fees that are not
reimbursed by the federal government and that represent the state
share shall be paid by certified public expenditure by the county
through the clerk of the court, sheriff, or constable. This
section does not prohibit the agency from spending other funds
appropriated for child support enforcement to provide the initial
expenditures necessary to qualify for the federal share.
(b) The Title IV-D agency is liable for the payment of the
federal share of reimbursement for fees and costs under this
subchapter only to the extent that the federal share is received,
and if an amount is paid by the agency and that amount is
disallowed by the federal government or the federal share is not
otherwise received, the clerk of the court, sheriff, or constable
to whom the payment was made shall return the amount to the
agency not later than the 30th day after the date on which notice
is given by the agency.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.206. RESTRICTION ON FEES FOR CHILD SUPPORT OR REGISTRY
SERVICES IN TITLE IV-D CASES. A district clerk, a county child
support registry or enforcement office, or a domestic relations
office may not assess or collect fees for processing child
support payments or for child support services from the Title
IV-D agency, a managing conservator, or a possessory conservator
in a Title IV-D case, except as provided by this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.207. METHOD OF BILLING FOR ALLOWABLE FEES. (a) To be
entitled to reimbursement under this subchapter, the clerk of the
court, sheriff, or constable must submit one monthly billing to
the Title IV-D agency.
(b) The monthly billing must be in the form and manner
prescribed by the Title IV-D agency and be approved by the clerk,
sheriff, or constable.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.208. AGREEMENTS FOR REIMBURSEMENT IN LIEU OF FEES. (a)
The Title IV-D agency and a qualified county may enter into a
written agreement under which reimbursement for salaries and
certain other actual costs incurred by the clerk, sheriff, or
constable in Title IV-D cases is provided to the county.
(b) A county may not enter into an agreement for reimbursement
under this section unless the clerk, sheriff, or constable
providing service has at least two full-time employees each
devoted exclusively to providing services in Title IV-D cases.
(c) Reimbursement made under this section is in lieu of all
costs and fees provided by this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.209. PAYMENT FOR SERVICES NOT AFFECTED BY THIS
SUBCHAPTER. Without regard to this subchapter and specifically
Section 231.205, the Title IV-D agency may pay the costs for:
(1) the services of an official court reporter for the
preparation of statements of facts;
(2) the costs for the publication of citation served by
publication; and
(3) mileage or other reasonable travel costs incurred by a
sheriff or constable when traveling out of the county to execute
an outstanding warrant or capias, to be reimbursed at a rate not
to exceed the rate provided for mileage or other costs incurred
by state employees in the General Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.05, eff.
Sept. 1, 1995.
Sec. 231.210. AUTHORITY TO PAY LITIGATION EXPENSES. (a) The
Title IV-D agency may pay all fees, expenses, costs, and bills
necessary to secure evidence and to take the testimony of a
witness, including advance payments or purchases for
transportation, lodging, meals, and incidental expenses of
custodians of evidence or witnesses whose transportation is
necessary and proper for the production of evidence or the taking
of testimony in a Title IV-D case.
(b) In making payments under this section, the Title IV-D agency
shall present vouchers to the comptroller that have been sworn to
by the custodian or witness and approved by the agency. The
voucher shall be sufficient to authorize payment without the
necessity of a written contract.
(c) The Title IV-D agency may directly pay a commercial
transportation company or commercial lodging establishment for
the expense of transportation or lodging of a custodian or
witness.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995.
Sec. 231.211. AWARD OF COST AGAINST NONPREVAILING PARTY IN TITLE
IV-D CASE. (a) At the conclusion of a Title IV-D case, the
court may assess attorney's fees and all court costs as
authorized by law against the nonprevailing party, except that
the court may not assess those amounts against the Title IV-D
agency or a private attorney or political subdivision that has
entered into a contract under this chapter or any party to whom
the agen