reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 204 - Child Support Collection by Private Entity › Section 204.003. Terms and Conditions of Contract

Sec. 204.003.  TERMS AND CONDITIONS OF CONTRACT.  The commissioners court or domestic relations office shall include all appropriate terms and conditions in the contract that it determines are reasonable to secure the services of a private entity as provided by this chapter, including:
(1)  provisions specifying the services to be provided by the entity;
(2)  the method, conditions, and amount of compensation for the entity;
(3)  provisions for the security of funds collected as child support, fees, or other amounts under the contract or that otherwise provide reasonable assurance to the county of the entity's full and faithful performance of the contract;
(4)  provisions specifying the records to be kept by the entity, including any records necessary to fully account for all funds received and disbursed as child support, fees, or other amounts;
(5)  requirements governing the inspection, verification, audit, or explanation of the entity's accounting or other records;
(6)  the county's right to terminate the contract on 30 days' notice to the private entity if the private entity engages in an ongoing pattern of child support enforcement that constitutes wilful and gross misconduct subjecting delinquent obligors to unconscionable duress, abuse, or harassment;
(7)  provisions permitting an obligor and obligee to jointly waive the monitoring procedure, if not required by law, by written request approved by order of the court having jurisdiction of the suit in which the child support order was issued;  and
(8)  provisions for the disclosure or nondisclosure of information or records maintained or known to the entity as a result of contract performance, including a requirement for the private entity to:
(A)  disclose to any child support obligor that the private entity is attempting to enforce the obligor's child support obligation;  and
(B)  make no disclosure of the information or records other than in furtherance of the effort to enforce the child support order.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Human Resources Code Sec. 153.003 and amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 204 - Child Support Collection by Private Entity › Section 204.004. Funding

Sec. 204.004.  FUNDING.  (a)  To provide or recover the costs of providing services authorized by this chapter, a commissioners court, on its behalf or on behalf of the domestic relations office, may:
(1)  provide by order for the assessment and collection of a reasonable fee at the time a party files a suit affecting the parent-child relationship;
(2)  provide by order for the assessment and collection of a fee of $3 per month at a time specified for payment of child support;
(3)  provide by order for the assessment and collection of a late payment fee of $4 per month to be imposed if an obligor does not make a payment of child support in full when due;
(4)  accept or receive funds from public grants or private sources available for providing services authorized by this chapter;  or
(5)  use any combination of funding sources specified by this subsection.
(b)  The commissioners court, on its behalf or on behalf of the domestic relations office, may:
(1)  provide by order for reasonable exemptions from the collection of fees authorized by Subsection (a);  and
(2)  require payment of a fee authorized by Subsection (a)(2) annually and in advance.
(c)  The commissioners court may not charge a fee under Subsection (a)(2) if the amount of child support ordered to be paid is less than the equivalent of $100 per month.
(d)  The fees established under Subsection (a) may be collected by any means provided for the collection of child support.  The commissioners court may provide by order, on its behalf or on behalf of the domestic relations office, for the manner of collection of fees and the apportionment of payments received to meet fee obligations.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Human Resources Code Sec. 153.004 and amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle C - Judicial Resources and Services › Chapter 204 - Child Support Collection by Private Entity › Section 204.005. Cumulative Effect of Chapter

Sec. 204.005.  CUMULATIVE EFFECT OF CHAPTER.  A power or duty conferred on a county, county official, or county instrumentality by this chapter is cumulative of the powers and duties created or conferred by other law.
Added by Acts 1997, 75th Leg., ch. 1053, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Human Resources Code Sec. 153.005 and amended by Acts 1999, 76th Leg., ch. 118, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › 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 › Section 231.001. Designation of Title Iv-D Agency

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.
2023 Texas Statutes › 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 › Section 231.0012. Child Support Enforcement Management

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.
2023 Texas Statutes › 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 › Section 231.0013. Dedication of Funds

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.
2023 Texas Statutes › 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 › Section 231.003. Forms and Procedures

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.
2023 Texas Statutes › 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 › Section 231.005. Biennial Report Required

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; and
(2)  the use and effectiveness of all enforcement tools authorized by state or federal law or otherwise available to the agency.
(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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 990 (H.B. 1781), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › 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 › Section 231.008. Disposition of Funds

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.
2023 Texas Statutes › 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 › Section 231.009. Payment of Penalties

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.
2023 Texas Statutes › 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 › Section 231.010. Cooperation With Department of Protective and Regulatory Services

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.
2023 Texas Statutes › 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 › Section 231.012. Child Support Work Group

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 (S.B. 228), Sec. 46, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 47, 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 231 - Title Iv-D Services › Subchapter A. Administration of Title Iv-D Program › Section 231.014. Personnel

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.
2023 Texas Statutes › 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 › Section 231.016. Dismissal of Certain Claims Against Title Iv-D Agency or Title Iv-D Agency Employee

Sec. 231.016.  DISMISSAL OF CERTAIN CLAIMS AGAINST TITLE IV-D AGENCY OR TITLE IV-D AGENCY EMPLOYEE.  A court may dismiss a cause of action asserted in a suit filed against the Title IV-D agency or an employee of the Title IV-D agency pertaining to the powers or duties of, or services provided by, the Title IV-D agency under this subtitle if the court determines the asserted cause of action:
(1)  is frivolous or malicious;
(2)  fails to state a claim on which relief may be granted; or
(3)  seeks monetary relief from the agency or employee for which immunity applies.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 10, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.101. Title Iv-D Child Support Services

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, medical support, and dental support establishment;
(4)  review and adjustment of child support orders;
(5)  enforcement of child support, medical support, and dental 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.  If the Title IV-D agency determines that the primary care and possession of the child has changed, the Title IV-D agency may file a petition for modification under Chapter 156.
(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.
(f)  The Title IV-D agency shall distribute a child support payment received on behalf of a child placed in substitute care as described by Section 264.109 to the appropriate state agency in accordance with applicable federal laws or regulations.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 43, eff. September 1, 2018.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 11, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.1015. Administrative Adjustment of Support Obligations During Obligor's Incarceration

Sec. 231.1015.  ADMINISTRATIVE ADJUSTMENT OF SUPPORT OBLIGATIONS DURING OBLIGOR'S INCARCERATION.  (a)  Subject to Subsection (b), on verification by the Title IV-D agency that a judgment or order has been rendered for the confinement of a child support obligor in a local, state, or federal jail or prison for a period of at least 180 consecutive days, the Title IV-D agency shall review and administratively adjust the obligor's child support, medical support, and dental support order to amounts that are based on the application of the child support guidelines under Chapter 154 to the obligor's net resources during incarceration.
(b)  This section does not apply if the Title IV-D agency determines that the obligor is confined:
(1)  due to the obligor's failure to comply with a child support order; or
(2)  for an offense constituting an act of family violence, as defined by Section 71.004, committed against the obligee or a child covered by the child support order.
(c)  If the Title IV-D agency administratively adjusts a support obligation under Subsection (a), the agency must:
(1)  provide notice of the administrative adjustment to the parties to the support order; and
(2)  file a copy of the notice with the court of continuing, exclusive jurisdiction.
(d)  The notice provided under Subsection (c) must state:
(1)  the amount of the obligor's adjusted support obligation during incarceration;
(2)  the effective date of the administrative adjustment of the support obligation; and
(3)  the style and cause number of the case in which the support order was rendered.
(e)  Notwithstanding Subsection (a), the Title IV-D agency may seek modification of the support order under Subchapter E, Chapter 156, in lieu of administratively adjusting the support obligation under this section.
(f)  The administrative adjustment of a support obligation under this section may not take effect before the 30th day after the date a copy of the notice is filed with the court of continuing, exclusive jurisdiction under Subsection (c)(2).
(g)  The administrative adjustment of a support obligation under this section does not affect a support obligation due before the effective date of the administrative adjustment.
(h)  The Title IV-D agency may adopt rules to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 12, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.1017. Modification of Support Obligation After Obligor's Release From Incarceration

Sec. 231.1017.  MODIFICATION OF SUPPORT OBLIGATION AFTER OBLIGOR'S RELEASE FROM INCARCERATION.  In a Title IV-D case, on the release of an obligor whose support obligations were administratively adjusted during incarceration under Section 231.1015, the Title IV-D agency shall review the obligor's support order as provided by Section 231.101 to determine if modification is necessary and may proceed under Chapter 156 or 233.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 12, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.102. Eligibility for Child Support Services

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.103. Application and Service Fees

Sec. 231.103.  APPLICATION AND SERVICE FEES.  (a)  The Title IV-D agency may:
(1)  charge a reasonable application fee;
(2)  charge a $35 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 (S.B. 228), Sec. 48, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 65(3), eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 13.01, eff. September 1, 2019.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.104. Assignment of Right to Support

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, medical support, and dental support obligations, but an assignment is not a condition of eligibility for services.
(c)  Filing a notice of assignment of support rights, a notice of change of payee under Section 231.105, or a pleading by the Title IV-D agency in a suit under this title is evidence of the assignment of support rights to the Title IV-D agency in that cause and is admissible as evidence of the truth of the assignment of support rights and does not require further authentication or verification.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 44, eff. September 1, 2018.
Acts 2021, 87th Leg., R.S., Ch. 175 (S.B. 285), Sec. 4, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.105. Notice of Change of Payee

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.106. Notice of Termination of Assignment

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.107. Certificate of Assignment or of Termination of Assignment

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.108. Confidentiality of Records and Privileged Communications

Sec. 231.108.  CONFIDENTIALITY OF RECORDS AND PRIVILEGED COMMUNICATIONS.  (a)  Except as provided by Subsection (c), all files and records of services provided by the Title IV-D agency under this title, including information concerning a custodial parent, a noncustodial parent, a child, or 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.
(h)  A court may not order the Title IV-D agency to release information that is confidential or privileged under this section.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 13, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.109. Attorneys Representing State

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 (H.B. 307), Sec. 21, eff. September 1, 2005.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.110. Authorization of Service

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.111. Disqualification of Agency

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.112. Information on Paternity Establishment

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.113. Enforcement of Support Obligations in Public Assistance Cases

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.114. Reports of Child Support Payments to Consumer Reporting Agencies

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.115. Noncooperation by Recipient of Public Assistance

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.116. Information on Internet

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.1165. Information on Service of Citation

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.
2023 Texas Statutes › 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 B. Services Provided by Title Iv-D Program › Section 231.117. Employment Services-Related Referrals for Unemployed and Underemployed Obligors

Sec. 231.117.  EMPLOYMENT SERVICES-RELATED REFERRALS FOR UNEMPLOYED AND UNDEREMPLOYED OBLIGORS.  (a)  The Title IV-D agency:
(1)  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; and
(2)  may make the referral described by Subdivision (1) for any unemployed or underemployed obligor who is not in arrears.
(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)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 26, eff. September 1, 2023.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 14, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 15, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 26, 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 231 - Title Iv-D Services › Subchapter B. Services Provided by Title Iv-D Program › Section 231.118. Service of Citation

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.
(d)  Notwithstanding Subsection (c), a return of the process made under this section in a suit may not include the address served if:
(1)  a pleading filed in the suit requests a finding under Section 105.006(c); or
(2)  the court has previously made a finding and ordered nondisclosure under Section 105.006(c) relating to the parties and the order has not been superseded.
Added by Acts 1999, 76th Leg., ch. 556, Sec. 54, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 699 (H.B. 2048), Sec. 2, eff. September 1, 2017.