reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.021. Duties of Clerk of Court

Sec. 233.021.  DUTIES OF CLERK OF COURT.  (a)  On the filing of an agreed child support review order or of a petition for confirmation of a nonagreed order issued by the Title IV-D agency, the clerk of court shall endorse on the order or petition the date and time the order or petition is filed.
(b)  In an original action, the clerk shall endorse the appropriate court and cause number on the agreed review order or on the petition for confirmation of a nonagreed order.
(c)  The clerk shall deliver by personal service or, if court-ordered, a method of substituted service, a copy of the petition for confirmation of a nonagreed review order and a copy of the order, to each party entitled to service who has not waived service.
(d)  A clerk of a district court is entitled to collect in a child support review case the fees authorized in a Title IV-D case by Chapter 231.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.421 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.022. Form to Request a Court Hearing on Nonagreed Order

Sec. 233.022.  FORM TO REQUEST A COURT HEARING ON NONAGREED ORDER.  (a)  A court shall consider any responsive pleading that is intended as an objection to confirmation of a child support review order not agreed to by the parties, including a general denial, as a request for a court hearing.
(b)  The Title IV-D agency shall:
(1)  make available to each clerk of court copies of the form to request a court hearing on a nonagreed review order;  and
(2)  provide the form to request a court hearing to a party to the child support review proceeding on request of the party.
(c)  The clerk shall furnish the form to a party to the child support review proceeding on the request of the party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.422 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.023. Time to Request a Court Hearing

Sec. 233.023.  TIME TO REQUEST A COURT HEARING.  A party may file a request for a court hearing not later than the 20th day after the date the petition for confirmation of a nonagreed child support review order is delivered to the party.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.423 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.024. Confirmation of Agreed Order

Sec. 233.024.  CONFIRMATION OF AGREED ORDER.  (a)  On the filing of an agreed child support review order signed by all parties, together with waiver of service, the court shall sign the order not later than the seventh day after the filing of the order.  On expiration of the seventh day after the filing of the order, the order is considered confirmed by the court by operation of law, regardless of whether the court has signed the order.  The court may sign the order before filing the order, but the signed order shall immediately be filed.
(b)  On confirmation by the court, the Title IV-D agency shall immediately deliver to each party a copy of the signed agreed review order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.424 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1023, Sec. 68, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 610, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 699 (H.B. 2048), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.025. Effect of Request for Hearing on Nonagreed Order; Pleading

Sec. 233.025.  EFFECT OF REQUEST FOR HEARING ON NONAGREED ORDER;  PLEADING.  (a)  A request for hearing or an order setting a hearing on confirmation of a nonagreed child support review order stays confirmation of the order pending the hearing.
(b)  At a hearing on confirmation, any issues in dispute shall be heard in a trial de novo.
(c)  The petition for confirmation and the child support review order constitute a sufficient pleading by the Title IV-D agency for relief on any issue addressed in the petition and order.
(d)  The request for hearing may limit the scope of the de novo hearing by specifying the issues that are in dispute.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.425 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.026. Time for Court Hearing

Sec. 233.026.  TIME FOR COURT HEARING.  (a)  When a timely request for a court hearing has been filed as provided by Section 233.023, the court shall hold a hearing on the confirmation of a child support review order that has not been agreed to by the parties not later than the 30th day after the date the request was filed.
(b)  A court may not hold a hearing on the confirmation of a nonagreed child support review order if a party does not timely request a hearing as provided by Section 233.023.
(c)  If the court resets the time of the hearing, the reset hearing shall be held not later than the 30th day after the date set for the initial hearing.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.426 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 610, Sec. 19, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.027. Nonagreed Order After Hearing

Sec. 233.027.  NONAGREED ORDER AFTER HEARING.  (a)  After the hearing on the confirmation of a nonagreed child support review order, the court shall:
(1)  if the court finds that the nonagreed order should be confirmed, immediately sign the nonagreed order and enter the order as a final order of the court;
(2)  if the court finds that the relief granted in the nonagreed child support review order is inappropriate, sign an appropriate order at the conclusion of the hearing or as soon after the conclusion of the hearing as is practical and enter the order as an order of the court; or
(3)  if the court finds that all relief should be denied, enter an order that denies relief and includes specific findings explaining the reasons that relief is denied.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 742, Sec. 18, eff. September 1, 2013.
(c)  If the party who requested the hearing fails to appear at the hearing, the court shall sign the nonagreed order and enter the order as an order of the court.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.427 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 610, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 14, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 15, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.0271. Confirmation of Nonagreed Order Without Hearing

Sec. 233.0271.  CONFIRMATION OF NONAGREED ORDER WITHOUT HEARING.  (a)  If a request for hearing has not been timely received, the court shall confirm and sign a nonagreed child support review order not later than the 30th day after the date the petition for confirmation was delivered to the last party entitled to service.
(b)  The Title IV-D agency shall immediately deliver a copy of the confirmed nonagreed review order to each party, together with notice of right to file a motion for a new trial not later than the 30th day after the date the order was confirmed by the court.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 233 - Child Support Review Process to Establish or Enforce Support Obligations › Section 233.029. Administrative Procedure Law Not Applicable

Sec. 233.029.  ADMINISTRATIVE PROCEDURE LAW NOT APPLICABLE.  The child support review process under this chapter is not governed by Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 2.04, eff. Sept. 1, 1995.  Redesignated from Family Code Sec. 231.429 and amended by Acts 1997 75th Leg., ch. 911, Sec. 80, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.001. Establishment and Operation of State Case Registry and State Disbursement Unit

Sec. 234.001.  ESTABLISHMENT AND OPERATION OF STATE CASE REGISTRY AND STATE DISBURSEMENT UNIT.  (a)  The Title IV-D agency shall establish and operate a state case registry and state disbursement unit meeting the requirements of 42 U.S.C. Sections 654a(e) and 654b and this subchapter.
(b)  The state case registry shall maintain records of child support orders in Title IV-D cases and in other cases in which a child support order has been established or modified in this state on or after October 1, 1998.
(c)  The state disbursement unit shall:
(1)  receive, maintain, and furnish records of child support payments in Title IV-D cases and other cases as authorized by law;
(2)  forward child support payments as authorized by law;
(3)  maintain records of child support payments made through the state disbursement unit; and
(4)  make available to a local registry each day in a manner determined by the Title IV-D agency the following information:
(A)  the cause number of the suit under which withholding is required;
(B)  the payor's name and social security number;
(C)  the payee's name and, if available, social security number;
(D)  the date the disbursement unit received the payment;
(E)  the amount of the payment; and
(F)  the instrument identification information.
(d)  A certified child support payment record produced by the Title IV-D agency or state disbursement unit is admissible as evidence of the truth of the information contained in the record and does not require further authentication or verification.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 68, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 69, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 58, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.0015. Child Support Payments

Sec. 234.0015.  CHILD SUPPORT PAYMENTS.  For purposes of services provided by the state disbursement unit under this subchapter, a child support payment includes child support, medical support, and dental support ordered under Chapter 154.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.002. Integrated System for Child Support, Medical Support, and Dental Support Enforcement

Sec. 234.002.  INTEGRATED SYSTEM FOR CHILD SUPPORT, MEDICAL SUPPORT, AND DENTAL SUPPORT ENFORCEMENT.  The statewide integrated system for child support, medical support, and dental support enforcement under Chapter 231 shall be part of the state case registry and state disbursement unit authorized by this subchapter.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 556, Sec. 68, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 53, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.004. Contracts and Cooperative Agreements

Sec. 234.004.  CONTRACTS AND COOPERATIVE AGREEMENTS.  (a)  The Title IV-D agency may enter into contracts and cooperative agreements as necessary to establish and operate the state case registry and state disbursement unit authorized under this subchapter.
(b)  To the extent funds are available for this purpose, the Title IV-D agency may enter into contracts or cooperative agreements to process through the state disbursement unit child support collections in cases not otherwise eligible under 42 U.S.C. Section 654b.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 70, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.006. Rulemaking

Sec. 234.006.  RULEMAKING.  The Title IV-D agency may adopt rules in compliance with federal law for the operation of the state case registry and the state disbursement unit.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 68, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 71, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 59, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.007. Notice of Place of Payment

Sec. 234.007.  NOTICE OF PLACE OF PAYMENT.  (a)  A court that orders a party to pay child support under a temporary or final order shall order that all child support payments be paid through the state disbursement unit, including any child support that the court orders an employer to withhold from the income of the obligor.
(b)  In order to redirect payments to the state disbursement unit, the Title IV-D agency shall issue a notice of place of payment informing the obligor, obligee, and employer that income withheld for child support is to be paid to the state disbursement unit and may not be remitted to a local registry, the obligee, or any other person or agency.  If withheld support has been paid to a local registry, the Title IV-D agency shall send the notice to the registry to redirect any payments to the state disbursement unit.
(c)  A copy of the notice under Subsection (b) shall be filed with the court of continuing jurisdiction.
(d)  The notice under Subsection (b) must include:
(1)  the name of the child for whom support is ordered and of the person to whom support is ordered by the court to be paid;
(2)  the style and cause number of the case in which support is ordered;  and
(3)  instructions for the payment of ordered support to the state disbursement unit.
(e)  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.
(f)  The notice under Subsection (b) may be used by the Title IV-D agency to redirect child support payments from the state disbursement unit of this state to the state disbursement unit of another state.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 68, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1247, Sec. 45, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 16, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.008. Deposit, Distribution, and Issuance of Payments

Sec. 234.008.  DEPOSIT, DISTRIBUTION, AND ISSUANCE OF PAYMENTS.  (a)  Not later than the second business day after the date the state disbursement unit receives a child support payment, the state disbursement unit shall distribute the payment to the Title IV-D agency or the obligee.
(b)  The state disbursement unit shall deposit daily all child support payments in a trust fund with the state comptroller.  Subject to the agreement of the comptroller, the state disbursement unit may issue checks from the trust fund.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 65(5), eff. September 1, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 65(5), eff. September 1, 2007.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 972, Sec. 65(5), eff. September 1, 2007.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 68, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1262, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1232 (H.B. 1238), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 60, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 65(5), eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.009. Official Child Support Payment Record

Sec. 234.009.  OFFICIAL CHILD SUPPORT PAYMENT RECORD.  (a)  The record of child support payments maintained by a local registry is the official record of a payment received directly by the local registry.
(b)  The record of child support payments maintained by the state disbursement unit is the official record of a payment received directly by the unit.
(c)  After the date child support payments formerly received by a local registry are redirected to the state disbursement unit, a local registry may accept a record of payments furnished by the state disbursement unit and may add the payments to the record of payments maintained by the local registry so that a complete payment record is available for use by the court.
(d)  If the local registry does not add payments received by the state disbursement unit to the record maintained by the registry as provided by Subsection (c), the official record of child support payments consists of the record maintained by the local registry for payments received directly by the registry and the record maintained by the state disbursement unit for payments received directly by the unit.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 68, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.0091. Administrative Review of Child Support Payment Record

Sec. 234.0091.  ADMINISTRATIVE REVIEW OF CHILD SUPPORT PAYMENT RECORD.  (a)  On request, the state disbursement unit shall provide to an obligor or obligee a copy of the record of child support payments maintained by the unit.  The record must include the amounts and dates of all payments received from or on behalf of the obligor and disbursed to the obligee.
(b)  An obligor or obligee may request that the Title IV-D agency investigate an alleged discrepancy between the child support payment record provided by the state disbursement unit under Subsection (a) and the payment records maintained by the obligor or obligee.  The obligor or obligee making the request must provide to the Title IV-D agency documentation of the alleged discrepancy, including a canceled check or other evidence of a payment or disbursement at issue.
(c)  The Title IV-D agency shall respond to a request under Subsection (b) not later than the 20th day after the date the agency receives the request.  If, after an investigation, the agency determines that the child support payment record maintained by the state disbursement unit should be amended, the state disbursement unit shall immediately make the required amendment to the record and notify the obligor or obligee who made the request under Subsection (b) of that amendment.
Added by Acts 2003, 78th Leg., ch. 1085, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.010. Direct Deposit and Electronic Benefits Transfer of Child Support Payments

Sec. 234.010.  DIRECT DEPOSIT AND ELECTRONIC BENEFITS TRANSFER OF CHILD SUPPORT PAYMENTS.  (a)  The state disbursement unit authorized under this chapter may make a direct deposit of a child support payment to an obligee by electronic funds transfer into an account with a financial institution maintained by the obligee.  It is the responsibility of the obligee to notify the state disbursement unit of:
(1)  the existence of an account;
(2)  the appropriate routing information for direct deposit by electronic funds transfer into an account; and
(3)  any modification to account information previously provided to the state disbursement unit, including information that an account has been closed.
(b)  Except as provided by Subsection (d), the state disbursement unit shall deposit a child support payment by electronic funds transfer into a debit card account established for the obligee by the Title IV-D agency if the obligee:
(1)  does not maintain an account with a financial institution;
(2)  fails to notify the state disbursement unit of the existence of an account maintained with a financial institution; or
(3)  closes an account maintained with a financial institution previously used to accept direct deposit of a child support payment without establishing a new account and notifying the state disbursement unit of the new account in accordance with Subsection (a).
(c)  The Title IV-D agency shall:
(1)  issue a debit card to each obligee for whom a debit card account is established under Subsection (b); and
(2)  provide the obligee with instructions for activating and using the debit card.
(c-1)  Chapter 604, Business & Commerce Code, does not apply to a debit card issued under Subsection (c).
(d)  An obligee may decline in writing to receive child support payments by electronic funds transfer into an account with a financial institution or a debit card account and request that payments be provided by paper warrants if the obligee alleges that receiving payments by electronic funds transfer would impose a substantial hardship.
(e)  A child support payment disbursed by the state disbursement unit by electronic funds transfer into an account with a financial institution maintained by the obligee or into a debit card account established for the obligee under Subsection (b) is solely the property of the obligee.
Added by Acts 1999, 76th Leg., ch. 1072, Sec. 6, Sept. 1, 1999.  Renumbered from Sec. 234.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(33), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 551 (S.B. 1777), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 30, eff. June 19, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.012. Release of Information From State Case Registry

Sec. 234.012.  RELEASE OF INFORMATION FROM STATE CASE REGISTRY.  Unless prohibited by a court in accordance with Section 105.006(c), the state case registry shall, on request and to the extent permitted by federal law, provide the information required under Sections 105.006 and 105.008 in any case included in the registry under Section 234.001(b) to:
(1)  any party to the proceeding;
(2)  an amicus attorney;
(3)  an attorney ad litem;
(4)  a friend of the court;
(5)  a guardian ad litem;
(6)  a domestic relations office;
(7)  a prosecuting attorney or juvenile court acting in a proceeding under Title 3; or
(8)  a governmental entity or court acting in a proceeding under Chapter 262.
Added by Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 61, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter A. Unified State Case Registry and Disbursement Unit › Section 234.013. Applicability to Certain Maintenance Payments

Sec. 234.013.  APPLICABILITY TO CERTAIN MAINTENANCE PAYMENTS.  The state disbursement unit shall administer maintenance payments ordered under Section 8.062 in the same manner as child support payments under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter B. State Directory of New Hires › Section 234.101. Definitions

Sec. 234.101.  DEFINITIONS.  In this subchapter:
(1)  "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(c)) or an independent contractor as defined by the Internal Revenue Service. The term includes a driver who logs in to the digital network of a transportation network company, as those terms are defined by Section 2402.001, Occupations Code, regardless of whether the driver is considered an independent contractor under Section 2402.114, Occupations Code, and an individual who logs in to or otherwise uses a technology platform to make deliveries for compensation. The term does not include an employee of a state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting employee information under this subchapter could endanger the safety of the employee or compromise an ongoing investigation or intelligence activity.
(2)  "Employer" has the meaning given that term by Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(d)) and includes a governmental entity and a labor organization, as that term is identified in Section 2(5) of the National Labor Relations Act (29 U.S.C. Section 152(5)), including an entity, also known as a "hiring hall," used by the labor organization and an employer to carry out requirements of an agreement between the organization and an employer described in Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)). The term includes a transportation network company, as defined by Section 2402.001, Occupations Code, and a person that operates a technology platform used to make deliveries to customers.
(3)  "Newly hired employee" means an employee who:
(A)  has not previously been employed by or received earnings from the employer; or
(B)  was previously employed by the employer but has been separated from that employment or has not received earnings from the employer for at least 60 consecutive days.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 17, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 7, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 446 (H.B. 458), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter B. State Directory of New Hires › Section 234.102. Operation of New Hire Directory

Sec. 234.102.  OPERATION OF NEW HIRE DIRECTORY.  In cooperation with the Texas Workforce Commission, the Title IV-D agency shall develop and operate a state directory to which employers in the state shall report each newly hired or rehired employee in accordance with the requirements of 42 U.S.C. Section 653a.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 178, Sec. 12, eff. Aug. 30, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter B. State Directory of New Hires › Section 234.103. Contracts and Cooperative Agreements

Sec. 234.103.  CONTRACTS AND COOPERATIVE AGREEMENTS.  The Title IV-D agency may enter into cooperative agreements and contracts as necessary to create and operate the directory authorized under this subchapter.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 178, Sec. 13, eff. Aug. 30, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter B. State Directory of New Hires › Section 234.104. Procedures

Sec. 234.104.  PROCEDURES.  The Title IV-D agency by rule shall establish procedures for reporting employee information and for operating a state directory of new hires meeting the requirements of federal law.
Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 178, Sec. 14, eff. Aug. 30, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle D - Administrative Services › Chapter 234 - State Case Registry, Disbursement Unit, and Directory of New Hires › Subchapter B. State Directory of New Hires › Section 234.105. Civil Penalty

Sec. 234.105.  CIVIL PENALTY.  (a)  In addition to any other remedy provided by law, an employer who knowingly violates a procedure adopted under Section 234.104 for reporting employee information may be liable for a civil penalty as permitted by Section 453A(d) of the federal Social Security Act (42 U.S.C. Section 653a).
(b)  The amount of the civil penalty may not exceed:
(1)  $25 for each occurrence in which an employer fails to report an employee; or
(2)  $500 for each occurrence in which the conduct described by Subdivision (1) is the result of a conspiracy between the employer and an employee to not supply a required report or to submit a false or incomplete report.
(c)  The attorney general may sue to collect the civil penalty.  A penalty collected under this section shall be deposited in a special fund in the state treasury.
Added by Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 62, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter A. General Provisions › Section 261.003. Application to Students in School for Deaf or School for Blind and Visually Impaired

Sec. 261.003.  APPLICATION TO STUDENTS IN SCHOOL FOR DEAF OR SCHOOL FOR BLIND AND VISUALLY IMPAIRED.  This chapter applies to the investigation of a report of abuse or neglect of a student, without regard to the age of the student, in the Texas School for the Deaf or the Texas School for the Blind and Visually Impaired.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter A. General Provisions › Section 261.004. Tracking of Recurrence of Child Abuse or Neglect Reports

Sec. 261.004.  TRACKING OF RECURRENCE OF CHILD ABUSE OR NEGLECT REPORTS.  (a)  The department shall collect and monitor data regarding repeated reports of abuse or neglect:
(1)  involving the same child, including reports of abuse or neglect of the child made while the child resided in other households and reports of abuse or neglect of the child by different alleged perpetrators made while the child resided in the same household; or
(2)  by the same alleged perpetrator.
(b)  In monitoring reports of abuse or neglect under Subsection (a), the department shall group together separate reports involving different children residing in the same household.
(c)  The department shall consider any report collected under Subsection (a) involving any child or adult who is a part of a child's household when making case priority determinations or when conducting service or safety planning for the child or the child's family.
Added by Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter A. General Provisions › Section 261.005. Reference to Executive Commissioner or Commission

Sec. 261.005.  REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION.  Unless otherwise provided by a provision of this chapter, in this chapter:
(1)  a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and
(2)  a reference to the Health and Human Services Commission means the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 10, eff. September 1, 2017.
Redesignated from Family Code, Section 261.004 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(12), eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter B. Report of Abuse or Neglect; Immunities › Section 261.102. Matters to Be Reported

Sec. 261.102.  MATTERS TO BE REPORTED.  A report should reflect the reporter's belief that a child has been or may be abused or neglected or has died of abuse or neglect.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 88, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter B. Report of Abuse or Neglect; Immunities › Section 261.103. Report Made to Appropriate Agency

Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.
(a)  Except as provided by Subsections (b) and (c) and Section 261.405, a report shall be made to:
(1)  any local or state law enforcement agency;
(2)  the department; or
(3)  the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.
(b)  A report may be made to the Texas Juvenile Justice Department instead of the entities listed under Subsection (a) if the report is based on information provided by a child while under the supervision of the Texas Juvenile Justice Department concerning the child's alleged abuse of another child.
(c)  Notwithstanding Subsection (a), a report, other than a report under Subsection (a)(3) or Section 261.405, must be made to the department if the alleged or suspected abuse or neglect involves a person responsible for the care, custody, or welfare of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 89, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1477, Sec. 24, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1297, Sec. 46, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 213 (H.B. 1970), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.123, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 80, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter B. Report of Abuse or Neglect; Immunities › Section 261.104. Contents of Report; Notice

Sec. 261.104.  CONTENTS OF REPORT; NOTICE.  (a)  The individual making a report shall identify, if known:
(1)  the name and address of the child;
(2)  the name and address of the person responsible for the care, custody, or welfare of the child;
(3)  the facts that caused the individual to believe the child has been abused or neglected and the source of the information;
(4)  the individual's name and telephone number;
(5)  the individual's:
(A)  home address; or
(B)  if the individual is a professional as defined by Section 261.101(b), the individual's business address and profession; and
(6)  any other pertinent information concerning the alleged or suspected abuse or neglect.
(b)  If the individual making a report of child abuse or neglect uses the toll-free telephone number the department operates for reporting child abuse or neglect and the individual is unwilling to provide the information described by Subsection (a)(4), the department representative receiving the report shall notify the individual that:
(1)  the department is not authorized to accept an anonymous report of abuse or neglect;
(2)  the individual may report the abuse or neglect by making a report to any local or state law enforcement agency; and
(3)  the identity of an individual making a report under this subchapter is confidential and may be disclosed only:
(A)  as provided by Section 261.201; or
(B)  to a law enforcement officer for the purposes of conducting a criminal investigation of the report.
(c)  The department representative or other person receiving a report of child abuse or neglect shall use the person's best efforts to obtain the information described by Subsection (a).
(d)  If a report of abuse or neglect is made orally, the department or local or state law enforcement agency receiving the report shall:
(1)  notify the individual making the report that:
(A)  the report is being recorded; and
(B)  making a false report is a criminal offense under Section 261.107 punishable as a state jail felony or a third degree felony; and
(2)  make an audio recording of the report.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 90, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter B. Report of Abuse or Neglect; Immunities › Section 261.1055. Notification of District Attorneys

Sec. 261.1055.  NOTIFICATION OF DISTRICT ATTORNEYS.  (a)  A district attorney may inform the department that the district attorney wishes to receive notification of some or all reports of suspected abuse or neglect of children who were in the county at the time the report was made or who were in the county at the time of the alleged abuse or neglect.
(b)  If the district attorney makes the notification under this section, the department shall, on receipt of a report of suspected abuse or neglect, immediately notify the district attorney as requested and the department shall forward a copy of the reports to the district attorney on request.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 67, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.125, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter B. Report of Abuse or Neglect; Immunities › Section 261.106. Immunities

Sec. 261.106.  IMMUNITIES.  (a)  A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed.
(b)  Immunity from civil and criminal liability extends to an authorized volunteer of the department or a law enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect or in an action arising from an investigation if the person was acting in good faith and in the scope of the person's responsibilities.
(c)  A person who reports the person's own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 91, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 261 - Investigation of Report of Child Abuse or Neglect › Subchapter B. Report of Abuse or Neglect; Immunities › Section 261.107. False Report; Criminal Penalty; Civil Penalty

Sec. 261.107.  FALSE REPORT; CRIMINAL PENALTY; CIVIL PENALTY.  (a)  A person commits an offense if, with the intent to deceive, the person knowingly makes a report as provided in this chapter that is false.  An offense under this subsection is a state jail felony unless it is shown on the trial of the offense that the person has previously been convicted under this section, in which case the offense is a felony of the third degree.
(b)  A finding by a court in a suit affecting the parent-child relationship that a report made under this chapter before or during the suit was false or lacking factual foundation may be grounds for the court to modify an order providing for possession of or access to the child who was the subject of the report by restricting further access to the child by the person who made the report.
(c)  The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.
(d)  The court shall order a person who is convicted of an offense under Subsection (a) to pay any reasonable attorney's fees incurred by the person who was falsely accused of abuse or neglect in any proceeding relating to the false report.
(e)  A person who engages in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000.  The attorney general shall bring an action to recover a civil penalty authorized by this subsection.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 92, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 575, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1022, Sec. 68;  Acts 1999, 76th Leg., ch. 62, Sec. 6.30, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.13, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.14(a), eff. September 1, 2005.