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212254101 

The Attorney General of Texas 

December 13, 1984 

, 

Ronorablc Hike Driscoll 

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 

Dear Mr. Driscoll: 

You inform us that the Earris County Juvenile Probation 

Department has ‘cstabllshed s Child Support Division. It Is our 

understanding that tho Rarris County Juvenile Board has 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. 

In that 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 be allowed to 

transfer -‘r~t:~ponsibllity for the Child Support 

Division .from the 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. See Tex. Conat. art. 0. 518; 

Cannales’v.%aughlio, 214 S.Y.2d 4S1, 4537%. 1948). We begin with 

a the *orking l ssumptloo that the tollaction of child support payments 

ln Rarris County uy arguably be governed by articlea 5139W, 5142a-1, 

and/or 2338-le. V.T.CI.S. We vi11 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 In Rerris County. 

p. 1105 
. 

. . 

Honorable Hike Driacoll - Page 3 (m-247) 

See. 2. (a) A domestic relations office 

established under Ssclios 1 of this article may be 

l da inia teby r ed the Jwrenile bosrd of a county or 

ulticounty srea or athsnise as provided by the 

comissioners court. 

(b) Any domestic 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 admialstration as established b:r such statute or tradltion. 

. . . . 

Sec. 7. (a) This article does not apply to a 

county in which 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 a child 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). As indicated 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’; of 

your.. firbt question , YC conclude 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. The Rarria 

Coucty Cocmissioners Court may l 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. 1107 
Honorable Iiike Driscoll - Page 2 (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. The only other person the Juvenile Board may 

authorize under the act to rweive child support payment is the 

dlatrict clerk. See V.T.C.S. art. 5139W. 610(b). 

- 

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

Section 1. In counties having a population 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 

and enforce 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. 

The chief 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. He conclude 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. The comnis~ioners court of a county 

may establish a domestic relstions office vith the 

p&err and duties as provided in this article. 

. 

p. 1106 
. 

Honorable Mike Drieeoll - Page 4 (JR-247) 

colaissioners Court 1s vithout authority to trsnsfer the performance 

of that official dutv to any ot’hdr person or body thao that named in 

the law. See Aldrich v. Dalias C,ti, 167 S.W.Zd 560 (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 a party’s right to child :support and/or visitation privileges. 

On the 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 on the Aarris County Juvenile 

Board to provide a child suppol:t: collection service and transfer the 

performance of that function to the Domestic Relations Office. 

S II ti I4 A R Y -- 

The Child 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 of Texas 

TOM GREEN 

First Assistant Attorney Genercll 

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

DAVID R. RICRARDR 

Executive Aeoirtant Attorney Gen.eral 

RICK CILPIN 

chairman, oplnloa comitte* 

Prepared by Tony Culllory 

Aaei8tant Attorney General 

APPROVD: 

OPINION COMHITTSE 

Rick Gilpin, Cbairmsn 

Colin Carl 

Susan Garrlron 

Tony Guillory 

Jim Hoellingcr 

Jennifer Rig@ 

Nancy Sutton 

p. 1109