By:�Hernandez�(Senate Sponsor - Gallegos) H.B.�No.�4424
�������(In the Senate�-�Received from the House May�8,�2009;
May�8,�2009, read first time and referred to Committee on
Jurisprudence; May�22,�2009, reported adversely, with favorable
Committee Substitute by the following vote:��Yeas�5, Nays�0;
May�22,�2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B.�No.�4424 By:��Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to operations fees and child support service fees assessed
by domestic relations offices.
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�������SECTION�1.��Section 110.006, Family Code, is amended to read
as follows:
�������Sec.�110.006.��DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND
CHILD SUPPORT SERVICE FEES. (a) If an administering entity of a
domestic relations office adopts an initial operations fee under
Section 203.005(a)(1) [or an initial child support service fee
under Section 203.005(a)(2)], the clerk of the court shall:
�������������(1)��collect the operations fee at the time the
original suit, motion for modification, or motion for enforcement,
as applicable, is filed; and
�������������(2)��send the fee to the domestic relations office.
�������(b)If an administering entity of a domestic relations
office adopts an initial child support service fee under Section
203.005(a)(2), the clerk of the court shall:
�������������(1)collect the child support service fee at the time
the original suit is filed; and
�������������(2)��send the fee to the domestic relations office.
�������(c)The fees described by Subsections (a) and (b) are not
filing fees for purposes of Section 110.002 or 110.003.
�������SECTION�2.��Section 203.005(a), Family Code, is amended to
read as follows:
�������(a)��The administering entity may authorize a domestic
relations office to assess and collect:
�������������(1)��an initial operations fee not to exceed $15 to be
paid to the domestic relations office on each [the] filing of an
original [a] suit, motion for modification, or motion for
enforcement;
�������������(2)��in a county that has a child support enforcement
cooperative agreement with the Title IV-D agency, an initial child
support service fee not to exceed $36 to be paid to the domestic
relations office on the filing of an original [a] suit;
�������������(3)��a reasonable application fee to be paid by an
applicant requesting services from the office;
�������������(4)��a reasonable attorney's fee and court costs
incurred or ordered by the court;
�������������(5)��a monthly service fee not to exceed $3 to be paid
annually in advance by a managing conservator and possessory
conservator for whom the domestic relations office provides child
support services;
�������������(6)��community supervision fees as provided by Chapter
157 if community supervision officers are employed by the domestic
relations office;
�������������(7)��a reasonable fee for preparation of a
court-ordered social study;
�������������(8)��in a county that provides visitation services
under Sections 153.014 and 203.004 a reasonable fee to be paid to
the domestic relations office at the time the visitation services
are provided;
�������������(9)��a fee to reimburse the domestic relations office
for a fee required to be paid under Section 158.503(d) for filing an
administrative writ of withholding;
�������������(10)��a reasonable fee for parenting coordinator
services; and
�������������(11)��a reasonable fee for alternative dispute
resolution services.
�������SECTION�3.��This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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