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# TheAttorney General ofTexas

December 13, 1984

,

Ronorablc 

### HikeDriscoll Rarria County Attorne]r 1001 Preston, Sulto 634

--___ opinion no. 311-247
UC: Whether rcspoaaibility .- .- for Rouaton. Texaa 77ln.u the Ratrio County Child Support Division may be tranaferred from the Juvenile Board to the Domestic Relations Office
DearMr.Driscoll:
You inform us that 

### the Earris County Juvenile Probation Department has ‘cstabllshed s Child Support Division. It Is our understanding that tho Rarris 

### CountyJuvenile Boardhas dealgnated 

### the chief ,juvenile probation officer to receive child support payments in Harris County pursuant to section 10(a) of article 5139W, V.T.C.S.
Inthat kegard. you ask:

1. Is the Child Support Dlviaion, ss it la nov attached to the Rarris County Juvenile Probation Department II ‘child support collection service specifically established by statute’ [within the meaning 

### of section 7(a) of article S142a-1. V.T.C.S.]?
2. You

’ll the collissioners court beallowed to transfer

-‘r~t:~ponsibllity for the Child Support Division .fromthe Juvenile Board to the Domestic Relations Office [established pursuant to article 2338-le. ‘V.rX.S.]? 

### The Harris County Coamisaioners Court 

### has only the powers conferred either expressly 

### or by necessary implication ‘by the constitution and statutea of thia atate. SeeTex. Conat. art. 

### 0. 518; Cannales ’v.%aughlio, 214 S.Y.2d 4S1, 4537%. 1948). Webegin with a

### the*orking 

### l

ssumptloo 

### that the tollaction 

### of child support payments ln Rarris County uy arguably begoverned byarticlea 5139W, 5142a-1, and/or 2338-le. V.T.CI.S. Wevi11 analyze there statutes to determine vhich:ones actually e,overn this matter. Thus, the ansvera to 

### your questions will depeo,d upon which of these statutes authorizes the collection of child rupport payments InRerris County.

p. 1105.

. . Honorable Hike Driacoll - Page3 (m-247)

See. 2. (a) A domestic relations office established under Ssclios 1

### ofthis article maybe l dainiatered

by the Jwrenile bosrd of acounty 

### or ulticounty srea 

### or athsnise as provided by the 

### comissioners court. (b) Anydomestic wlatlons office currently in existence by statute or trsdition and vhich has been under the conrrol 

### of and governed by a juvenile board by Matute or tradition shall continue 

### to operate under the current admialstra

### tion as established b:rsuch statute or tradltion.

. . . . Sec. 7. (a) This article does not apply to a county inwhich achir5 support collection service is epeciflcally estabzlshed by statute. (b) This arti&! is cumulaiive of other statutes relsting to juvenile boirds and child support collection offices. (c) Another statut:e relating 

### to funds for the operation of achild support office and providing 

### for an additional :!S.ling fee in excess of $5 prevails over this 

### Act to the extent that the other ststute collflicts with the UXbN edditional filing fee provided by this Act. @@hasis added). Id. This statute excepts 

### frnr its application those counties “in Which a child support collect:ltm service is speclficelly established by statute.

. . .” V.T.C.S. art. 5142a-1. 17(a). Asindicated above, the legislature has establishal the Juvenile Board 

### of Harris County with the duty to “direct vhel:her

. . . the chief juvenile probation officer shall receive paymwtr 

### for the support 

### of wives and children.

. . .” See V.T.C.S, art. 5139W. 

### 55(f). Accordingly, 

### In response.. 

### to Divlalon ’; ofyour..firbt question , YCconclude that the Child Support

the Rarria County Juvenile Probation Department 

## l stabliahed,pursuant 

### to l rticl.e! 5139W. V.T.C.S.. is a“child aupport collection service :
. . spec~lfieally astabliahed by atatute” vithin the meaning 

### of mection 7(a) af article 3142a-1, V.T.C.S. TheRarria Coucty 

### Cocmissioners Court mayl atablfah s child support collection service only pursuant to article 5139W. V.T.C.S.’
In regard to your second question , the general rule ia that vhen the legislsturs impoaee upon an officer or govermental board the performance of certain acts as part of an official duty, the

p. 1107Honorable Iiike Driscoll - Page2 (247)

The Harris County Juvenile I?robation Department vas l stabliehed in 1965 slong vith the Harris County Juvenile Board by the Texaa Legislature. See V.T.C.S. art. 5139W, 111, 11. Section 10(a) 

### of article 5139Wzs amended in 10 ’15. provides that the Juvenile Board has the pover -- independently of! the comlssioners court and at its option -- to direct the chief juvenile probation officer to receive child support payments. Theonly other person the Juvenile Board may authorize under the act to rweive child support payment is the dlatrict clerk. SeeV.T.C.S. art. 5139W. 610(b).

- Section 1of article 2338-1s. V.T.C.S., provides:

Section 1. In counties having apopulation in excess of 2.000,000, aa shown by the last preceding United States Census, the count commissioners court -pay create a domestiz relations office to pwvide services to eetablish andenforce court orders providing for the support and/or visitation right,s to a child, to establish paternity or legitimation of a child, aod to provide informational services to assist parties affected by a cour’i order la understanding, complying vith, and enforcing the duties and obligations in the court order pertaining to child support and rights of visitation. Upon such creation, said designated county office shall be directly responsible to the commissioners court. Thechief admlnistratA,ve officer of the designated county office so created shell be appointed by a majority vote of the comissioners court of the county. (Emphasis adclad).
Harris County falla within the: 2.000,OOO population bracket 

### of the statute. Heconclude that the dominant purpose of article 2338-le is to authorize the Earrls Count:j Coomissioners Court to establish a Domestic Relations Office to act: as a legal sgency to provide those legal servicas necessary to assist those persone having s legal right to child support snd/or vlsital:l.on privileges. The statute does not authorize the comissioners cod’rt to establish a Domestic Relations Office to function as a collection service to receive and/or distribute child support paymews. A county co~isaloners court io also authorized to establish a Domestic Relations 

### Office pursu,uit to article S142a-1, V.T.C.S., which providea: Section 1. Thecomnis~ioners court of acounty

mayestablish adomestic relstions office vith the p&err andduties as provided in this article.

. p. 1106. Honorable Mike Drieeoll - Page4 (JR-247)

colaissioners Court 1s vithout authority to trsnsfer the performance of that official dutv to 

### anyot’hdr person or body thao that named in the law. SeeAldrich v. Dalias C,ti, 167S.W.Zd560 (Tex. Civ. App.

- Dallas 1922, vrit dlrr~~‘arro County v. Tullos, 237 S.W. 982 (Tex. Civ. APP. - Dallas 1921: 

### vrit ref ’d). You ask whether ths Rarris County C~issioners ‘Court is bthorized to 

### transfer responsibility for the Child Sllpport Division of the Harris County Probation Department vhich was created pursuant to article 3139W, V.T.C.S., 

### to the Domestic Relations Office established pursuant to article 2338-18. V.T.C.S. As previously stated, the Domeatic Relations Office, which is directly responsible to the commissioners court. has the duty of providing those legal services necessary to ensure aparty

’s right to child :support and/or visitation privileges. Onthe contrary. the Child Support Division of the Harris County Probation Departmeot is administered by the chief juvenile probation officer. but it is responsible to the Harris County Juvenile Board. See Harris County v. Schoenbschew, 594 S.W.Zd 106 (Tex. Clv. App. - Rouston [let Dirt.] 1979, writ re:f ’d n.r.e.). Accordingly, the Barris (County Comissioners Court is not authorized to ignore the duties imposed onthe Aarris County Juvenile Board to provide a child suppol:t: collection service and transfer the performance of that function to the Domestic Relations Office. SIItiI4ARY -- TheChild Support Iklvision of the Harris County Juvenile Probation Department vas specifically established by article s139w. V.T.C.S.; accordingly, article !ilbZa-1. V.T.C.S., does not govern the collection of child support payments in Hsrris ‘County. Additionally, the Rarrls County CoPnissioners Court is vithout authority to transfer the Child Support Division from the Juvenile Board to the Domestic Relations Office established pursuant to article 2338-le. V.T.C.S.

Attorney General ofTexas TOM GREEN First Assistant Attorney Genercll

‘J. 1108Honorable Hike Drircoll - Pap* 5 (a-247)

DAVIDR.

### RICRARDR Executive Aeoirtant 

### Attorney Gen.eral RICKCILPIN chairman, oplnloa comitte* Prepared byTonyCulllory Aaei8tant Attorney General
APPROVD: OPINIONCOMHITTSE Rick Gilpin, Cbairmsn Colin Carl Susan Garrlron TonyGuillory JimHoellingcr Jennifer Rig@ NancySutton

p. 1109