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A BILL TO BE ENTITLED
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AN ACT
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relating to operations fees and child support service fees assessed |
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by domestic relations offices. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 110.006, Family Code, is amended to read |
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as follows: |
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�������Sec.�110.006.��DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND |
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CHILD SUPPORT SERVICE FEES. (a) If an administering entity of a |
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domestic relations office adopts an initial operations fee under |
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Section 203.005(a)(1) [or an initial child support service fee
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under Section 203.005(a)(2)], the clerk of the court shall: |
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�������������(1)��collect the operations fee at the time the |
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original suit, motion for modification, or motion for enforcement, |
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as applicable, is filed; and |
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�������������(2)��send the fee to the domestic relations office. |
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�������(b)��If an administering entity of a domestic relations |
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office adopts an initial child support service fee under Section |
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203.005(a)(2), the clerk of the court shall: |
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�������������(1)��collect the child support service fee at the time |
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the original suit is filed; and |
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�������������(2)��send the fee to the domestic relations office. |
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�������(c)��The fees described by Subsections (a) and (b) are not |
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filing fees for purposes of Section 110.002 or 110.003. |
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�������SECTION�2.��Section 203.005(a), Family Code, is amended to |
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read as follows: |
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�������(a)��The administering entity may authorize a domestic |
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relations office to assess and collect: |
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�������������(1)��an initial operations fee not to exceed $15 to be |
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paid to the domestic relations office on each [the] filing of an |
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original [a] suit, motion for modification, or motion for |
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enforcement; |
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�������������(2)��in a county that has a child support enforcement |
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cooperative agreement with the Title IV-D agency, an initial child |
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support service fee not to exceed $36 to be paid to the domestic |
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relations office on the filing of an original [a] suit; |
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�������������(3)��a reasonable application fee to be paid by an |
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applicant requesting services from the office; |
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�������������(4)��a reasonable attorney's fee and court costs |
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incurred or ordered by the court; |
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�������������(5)��a monthly service fee not to exceed $3 to be paid |
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annually in advance by a managing conservator and possessory |
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conservator for whom the domestic relations office provides child |
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support services; |
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�������������(6)��community supervision fees as provided by Chapter |
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157 if community supervision officers are employed by the domestic |
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relations office; |
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�������������(7)��a reasonable fee for preparation of a |
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court-ordered social study; |
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�������������(8)��in a county that provides visitation services |
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under Sections 153.014 and 203.004 a reasonable fee to be paid to |
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the domestic relations office at the time the visitation services |
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are provided; |
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�������������(9)��a fee to reimburse the domestic relations office |
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for a fee required to be paid under Section 158.503(d) for filing an |
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administrative writ of withholding; |
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�������������(10)��a reasonable fee for parenting coordinator |
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services; and |
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�������������(11)��a reasonable fee for alternative dispute |
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resolution services. |
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�������SECTION�3.��This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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