in the Interest of R.S.T., a Child, 14-15-00925-CV

in the Interest of R.S.T., a Child

14-15-00925-CV

| Tex. App. | Dec 22, 2015

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Case Information

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 12/22/2015 2:55:16 PM CHRISTOPHER A. PRINE Clerk

*1 ACCEPTED 14-15-00925-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/22/2015 2:55:16 PM CHRISTOPHER PRINE

CLERK No. 14–15–00925–CV I N T HE F OURTEENTH C OURT OF A PPEALS H OUSTON , T EXAS IN THE INTEREST OF R.S.T., A CHILD The Office of the Attorney General of Texas, Appellant , v. Patrick Eugene Bedford Appellee. BRIEF OF APPELLANT, THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS __________________________________________________________________ K EN P AXTON R ANDE K. H ERRELL Attorney General of Texas J OHN B. W ORLEY C HARLES R OY D ETERREAN G AMBLE First Assistant Attorney General Assistant Attorneys General

Mail Code 038-1 I LDEFONSO O CHOA , J R . P.O. Box 12017 Deputy Director Austin, Texas 78711-2017 Policy, Legal, and Program Operations Phone No. (512) 460-6672 Child Support Division Fax No. (512) 460-6612

Attorneys for Appellant, Office of the Attorney General of Texas

ORAL ARGUMENT REQUESTED

IDENTITY OF PARTIES AND COUNSEL

*2 Appellant : Office of the Texas Attorney General P.O. Box 12017, MC 038–1 Austin, Texas 78711-2017

Counsel for Appellant : Rande K. Herrell John B. Worley Deterrean Gamble

Appellee Patrick Eugene Bedford Counsel for Appellee : Gary M. Polland

2211 Norfolk Street, Suite 920 Houston, Texas 77098

Trial Court Hon. Charley Prine 246 th District Court Harris County, Texas

*3 IDENTITY OF PARTIES AND COUNSEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i TABLE OF CONTENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii INDEX OF AUTHORITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii REQUEST FOR ORAL ARGUMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v ISSUES PRESENTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi STATEMENT OF THE CASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 STATEMENT OF FACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SUMMARY OF ARGUMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARGUMENTS AND AUTHORITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Issue 1 : In its default judgment against the OAG, the trial court erred in ordering a modification regarding the registration of a foreign state child support order.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

CONCLUSION AND PRAYER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 CERTIFICATE OF COMPLIANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 CERTIFICATE OF SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 APPENDIX .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

INDEX OF AUTHORITIES

*4 Cases Barber v. Barber ,

323 U.S. 77, 65 S.Ct. 137 (1944). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bard v. Charles R. Myers Ins. Agency, Inc. , 839 S.W.2d 791 (Tex. 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Dunn v. Mortenson , 839 So.2d 1007 (La. Ct. App. 2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Durfee v. Duke , 375 U.S. 106, 84 S.Ct. 242 (1963). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Glass v. Williamson , 137 S.W.3d 114 (Tex. App.—Houston [1st Dist.] 2004, no pet.). . . . . . 7, 8, 9 In re E.H. , 450 S.W.3d 166 (Tex. App.—Houston [1st Dist.] 2014, pet. denied). . . . . . . 8 Miles v. Peacock , 229 S.W.3d 384 (Tex. App.—Houston [1st Dist.] 2007, no pet.). . . . . 5, 6, 13 Quaestor Investments, Inc. v. State of Chiapas , 997 S.W.2d 226 (Tex. 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6, 13 Villanueva v. Off. of the Attorney Gen. , 935 S.W.2d 953 (Tex. App.—San Antonio 1996, writ denied). . . . . . . . . . . . 8 iii *5 Statutes Act of May 21, 2009, 81 st Leg., R.S., ch. 767, § 21, sec. 159.611, 2009 Tex. Gen. Laws 1938, 1945. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Act of May 20, 1997, 75th Leg., R.S., ch. 607, § 18, sec. 159.613, 1997 Tex. Gen. Laws 2137, 2143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12, 13 T EX . F AM . C ODE § 158.506. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 T EX . F AM . C ODE § 159.605. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 6, 7 T EX . F AM . C ODE § 159.606. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 8, 9 T EX . F AM . C ODE § 159.611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 9, 10, 11 T EX . F AM . C ODE § 159.613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 9, 10, 11 T EX . R. A PP . P. 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6, 13

REQUEST FOR ORAL ARGUMENT

*6 The Office of the Attorney General of Texas requests oral argument if this Court deems such argument necessary to resolve the issues involved with this appeal. v

ISSUES PRESENTED

*7 ISSUE 1 : In its default judgment against the OAG, the trial court erred in ordering a modification regarding the registration of a foreign state child support order.

vi *8 No. 14–15–00925–CV I N T HE F OURTEENTH C OURT OF A PPEALS H OUSTON , T EXAS IN THE INTEREST OF R.S.T., A CHILD The Office of the Attorney General of Texas, Appellant , v. Patrick Eugene Bedford Appellee. BRIEF OF APPELLANT, THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS __________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

The undersigned Assistant Attorney General respectfully submits this brief on

behalf of Appellant, the Office of the Attorney General of Texas (OAG).

STATEMENT OF THE CASE

The trial court issued a default order modifying a registration of a Louisiana trial court’s child support order. In its order, the trial court ordered that any withholding from Father’s income involving child support be suspended.

*9 STATEMENT OF FACTS ^[1] On September 13, 2011, the OAG filed a Notice of Registration of Foreign Support Order, seeking to register a Louisiana child support order obliging Father to pay $152.00 per month in current child support. C.R. at 4–7, 24. (Apx. A, B). On the same day, the OAG filed its Motion to Confirm Support Arrearage, seeking to confirm Father’s accrued child support arrearage and reduce the confirmed arrearage to judgment. C.R. at 4–7. (Apx. A).

On December 15, 2011, the trial court convened a hearing on the OAG’s Motion to Confirm Support Arrearage. C.R. at 25–30. (Apx. C). Father and the OAG appeared at the hearing. Id. On December 19, 2011, the trial court issued an Order Confirming Support Arrearage. Id. In its order, the trial court found that the Louisiana trial court retained continuing, exclusive jurisdiction over the child support issue and that the Louisiana trial court issued the controlling order in the case. Id. The trial court also found that Father owed $21,584.00 in child support arrearages as of October 31, 2009. Id. The trial court ordered Father to pay $100.00 per month beginning on January 1, 2012 until the arrearage judgment was paid in full. Id. The record reflects that Father did not contest the registration of the Louisiana trial court’s 1 ‘C.R.’ is an abbreviated reference to the Clerk’s Record; R.R. is an

abbreviated reference to the Reporter’s Record; ‘Apx.’ is an abbreviated reference to the Appendix.

2 *10 child support order. On January 17, 2012, Father filed his Motion for New Trial and requested that the trial court order genetic testing. C.R. at 35–36. (Apx. D). On February 24, 2012, the trial court granted Father’s motion. C.R. at 37. (Apx. E). On March 29, 2012, the OAG filed Notice of Nonsuit and the trial court subsequently granted the nonsuit. C.R. at 42–43. (Apx. F).

On or about September 3, 2014, Father filed his Motion to Modify. See C.R. at 45–47, 63–64, 74–75 (referring to pleading). ^[2] On October 30, 2014, the OAG filed an Original Answer and Motion to Dismiss Motion to Modify. C.R. at 45–46. The OAG filed at least two amended answers as well. See C.R. at 48–51; see also C.R. at 51–55.

On July 6, 2015, the trial court convened a hearing on Father’s Motion to Modify. R.R. at 5. Father appeared at the hearing, but the OAG did not. Id. At the hearing, Father denied paternity and requested that the Texas trial court order that the writ of withholding be withdrawn. R.R. at 6. The trial court verbally granted Father’s request. R.R. at 7. 2 The OAG requested that the clerk’s record include Father’s Motion to

Modify. See C.R. at 74–75. The record reflects that the district clerk did not include this pleading in the record before this Court. The OAG will request a Supplemental Clerk’s Record which will include Father’s Motion to Modify.

3 *11 On August 10, 2015, the trial court issued its default Order in Suit to Modify Child Support Withholding. C.R. at 63–65. (Apx. H). In the order, the trial court found that the allegations in Father’s motion were true. Id. The trial court modified the registration of the Louisiana order and ordered that the Harris County auditor “stop all child support arrearages.” Id. The OAG gave notice of appeal.

SUMMARY OF ARGUMENT

The trial court erred in issuing an order modifying a registration of a Louisiana trial court’s child support order, thereby establishing an error on the face of the record sufficient to satisfy the restricted appeal standard in Texas Rule of Appellate Procedure 30. Because Father failed to contest the registration, the Louisiana trial court’s child support order was registered by operation of law pursuant to Texas Family Code sections 159.605 and 159.606. In addition, the trial court erred in issuing an order modifying registration of the Louisiana order under either Texas Family Code sections 159.611 or 159.613 by failing to establish that it had jurisdiction to modify the Louisiana trial court’s child support order. There was no evidence or testimony presented to the trial court and present on the face of the record to show the residence of the child, obligee, or Father. Finally, Father used an incorrect remedy to seek relief against the administrative writ of withholding. Instead of seeking to modify the registration, Father should have use the statutory remedy

4 *12 found in Texas Family Code section 158.506, which provides for administrative review and judicial review if a child support obligor seeks to contest an administrative writ of withholding.

ARGUMENT

ISSUE ONE: In its default judgment against the OAG, the trial court erred in ordering a modification regarding the registration of a foreign state child support order.

STANDARD OF REVIEW: To succeed on a restricted appeal, an appellant must show the following: 1) that the appellant appealed within six months after the issuance of the default judgment; 2) that the appellant was a party to the underlying lawsuit; 3) that the appellant did not participate in the trial of the case; and 4) that there is error on the face of the record. T EX . R. A PP . P. 30 (Apx. I); see also Quaestor Investments, Inc. v. State of Chiapas , 997 S.W.2d 226, 227 (Tex. 1999); see also Miles v. Peacock , 229 S.W.3d 384, 386–87 (Tex. App.—Houston [1st Dist.] 2007, no pet.).

Here, the OAG filed its notice of appeal on October 26, 2015, a date within six months of the issuance of the Texas trial court’s August 10, 2015 order. C.R. at 71. In addition, the OAG was a party to the underlying suit. See C.R. at 63–65 (in “Apperances” section of trial court’s August 10, 2015 order, State of Texas named

5 *13 as one of the parties). (Apx. H). Finally, the OAG did not appear at the hearing that resulted in the Texas trial court’s August 10, 2015 order. Id. ; see also R.R. at 5. Therefore, three of the four prongs of the standard for restricted appeal have been satisfied. See T EX . R. A PP . P. 30 (Apx. I); see also Quaestor , 997 S.W.2d at 227; see also Miles , 229 S.W.3d at 386–87. The fourth prong is discussed below.

REGISTRATION OF FOREIGN STATE CHILD SUPPORT ORDER:

Texas Family Code section 159.605 states:

(a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) A notice must inform the nonregistering party: (1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Section 159.707;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in 6 *14 confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) of the amount of any alleged arrearages. (c) If the registering party asserts that two or more orders are in effect, the notice must also: (1) identify the two or more orders and the order alleged

by the registering party to be the controlling order and the consolidated arrears , if any;

(2) notify the nonregistering party of the right to a determination of which is the controlling order; (3) state that the procedures provided in Subsection (b) apply to the determination of which is the controlling order; and

(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) On registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer under Chapter 158.

T EX . F AM . C ODE § 159.605 (Apx. J); see also Glass v. Williamson , 137 S.W.3d 114, 7 *15 119 (Tex. App.—Houston [1st Dist.] 2004, no pet.). Texas Family Code section 159.606, states in relevant part: (b) If the nonregistering party fails to contest the validity or

enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

T EX . F AM . C ODE § 159.606(b) (Apx. J); see also Glass , 137 S.W.3d at 119. When registered and confirmed, a sister state’s child support order is entitled to full faith and credit in Texas. See Bard v. Charles R. Myers Ins. Agency, Inc. , 839 S.W.2d 791, 794 (Tex. 1992) (citing Barber v. Barber , 323 U.S. 77, 79, 65 S.Ct. 137, 138 (1944)(construing the Full Faith and Credit Clause of the U.S. Constitution)); see also In re E.H. , 450 S.W.3d 166, 170 (Tex. App.—Houston [1st Dist.] 2014, pet. denied). “A properly proven foreign judgment must be recognized and given effect coextensive with that to which it is entitled in the rendering state.” Bard , 839 S.W.2d at 794. “The full faith and credit clause requires that a valid judgment from one state be enforced in other states regardless of the laws or public policy of the other states.” Id. “In addition, a state is required to give another state’s judgment the same res judicata effect it would receive in the rendering state.” Villanueva v. Off. of the Attorney Gen. , 935 S.W.2d 953, 956 (Tex. App.—San Antonio 1996, writ denied) (citing Durfee v. Duke , 375 U.S. 106, 109, 84 S.Ct. 242, 244 (1963) (“A judgment of a court in one state is conclusive upon the merits in a court in another state only if the

8 *16 court in the first state had power to pass on the merits—had jurisdiction, that is, to render the judgment.”)); see also Dunn v. Mortenson , 839 So.2d 1007, 1012 (La. Ct. App. 2003) (applying res judicata standard against Texas trial court judgment; Louisiana res judicata standard substantially similar to Texas res judicata standard)

Here, the record reflects that Father failed to timely contest the registration of the Louisiana trial court’s order filed on September 13, 2011. See C.R. at 24 (Apx. B); see also C.R. at 25–30 (inference from jurisdictional recitals of trial court’s order that Father did not challenge registration of Louisiana trial court’s order and also agreed with finding on arrears at the time of hearing, although Father later filed motion for new trial to overturn agreed order). (Apx. C). When Father failed to contest the registration of the Louisiana trial court’s order, the order was confirmed by operation of law. See T EX . F AM . C ODE § 159.606 (Apx. J); see also Glass , 137 S.W.3d at 119.

MODIFICATION OF REGISTERED FOREIGN SUPPORT ORDER:

Nonetheless, Father sought a modification of the registration of the Louisiana

trial court’s child support order. The Texas trial court issued its August 10, 2015 order modifying the registration of the Louisiana trial court’s order. C.R. at 63–65. (Apx. H). Modification of a registered foreign child support order is controlled by Texas Family Code sections 159.611 and 159.613, which gives the Texas trial court

9 *17 jurisdiction to modify a registered foreign child support order under certain circumstances. T EX . F AM . C ODE §§ 159.611, 159.613. (Apx. J).

The version of Texas Family Code section 159.611 that was effective when Father filed his motion to modify states, in relevant part: (a) Except as provided by Section 159.615, on petition a tribunal of this state may modify a child support order issued in another state and registered in this state only if Section 159.613 does not apply and after notice and hearing the tribunal finds that: (1) the following requirements are met:

(A) the child, the obligee who is an individual, and the obligor do not reside in the issuing state;

(B) a petitioner who is a nonresident of this state seeks modification; and (C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or (2) this state is the state of residence of the child and the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal consents for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child support order is subject to the same requirements,, procedures, and defenses that 10 *18 apply to the modification of an order issued by the tribunal of this state, and the order may be enforced and satisfied in the same manner.

Act of May 21, 2009, 81 st Leg., R.S., ch. 767, § 21, sec. 159.611, 2009 Tex. Gen. Laws 1938, 1945. (Apx. K) (prior version of now-amended T EX . F AM . C ODE § 159.611; amendment effective on July 1, 2015).

On the face of the record, Father did not present any evidence or testimony as to the residence of the child or of the obligee. See R.R. at 5–7. In addition, Father, the child support obligor, did not present any evidence or testimony to show that he is a non–resident of Texas. See R.R. at 5–7. The trial court made no findings that neither the child nor the obligee are residents of Louisiana. See C.R. at 63–65. (Apx. H). Nor did the trial court make any findings that Father is a nonresident of Texas. Id. Therefore, the trial court erred in issuing an order modifying registration of the Louisiana order under Texas Family Code section 159.611 when the record does not establish that it had jurisdiction to modify the Louisiana trial court’s child support order. See Act of May 21, 2009, 81 st Leg., R.S., ch. 767, § 21, sec. 159.611, 2009 Tex. Gen. Laws 1938, 1945. (Apx. J) (prior version of now-amended T EX . F AM . C ODE § 159.611; amendment effective on July 1, 2015). (Apx. K).

The version of Texas Family Code section 159.613 that was effective when Father filed his motion to modify states, in relevant part: 11 *19 (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Sections 159.101 through 159.209 and 159.601 through 159.614 and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 159.301 through 159.507 and 159.701 through 159.802 do not apply.

Act of May 20, 1997, 75th Leg., R.S., ch. 607, § 18, sec. 159.613, 1997 Tex. Gen. Laws 2137, 2143. (Apx. J) (prior version of now-amended T EX . F AM . C ODE § 159.613; amendment effective on July 1, 2015). (Apx. K).

Again, Father presented no evidence or testimony as to the residence of the child or the obligee. See R.R. at 5–7. In addition, Father, the child support obligor, did not present any evidence or testimony to show that he is a resident of Texas. See R.R. at 5–7. The trial court made no findings regarding the residence of the child or the obligee. See C.R. at 63–65. (Apx. H). Nor did the trial court make any findings that Father is a resident of Texas. Id. Therefore, the trial court erred in issuing an order modifying registration of the Louisiana order under Texas Family Code section 159.613 when the record does not establish that it had jurisdiction to modify the Louisiana trial court’s child support order. See Act of May 20, 1997, 75th Leg., R.S.,

12 *20 ch. 607, § 18, sec. 159.613, 1997 Tex. Gen. Laws 2137, 2143. (Apx. J) (prior version of now-amended T EX . F AM . C ODE § 159.613; amendment effective on July 1, 2015). (Apx. K). The trial court’s error on the face of the record satisfies the fourth prong of the restricted appeal standard. See T EX . R. A PP . P. 30 (Apx. I); see also Quaestor , 997 S.W.2d at 227; see also Miles , 229 S.W.3d at 386–87.

CONTEST TO ADMINISTRATIVE WRIT OF WITHHOLDING:

Father used the incorrect remedy here. Instead, Father had a statutory remedy

as set out in Texas Family Code section 158.506. See T EX . F AM . C ODE § 158.506. (Apx. K). Texas Family Code section 158.506 allows a child support obligor who receives notice of an administrative writ of withholding to contest the writ through an administrative proceeding. Id. If the dispute remains after the administrative process has concluded, the obligor may seek judicial review. Id. Because Father failed to utilize the correct remedy to contest the administrative writ of withholding, this is also an error on the face of the record. See T EX . R. A PP . P. 30 (Apx. I); see also Quaestor , 997 S.W.2d at 227; see also Miles , 229 S.W.3d at 386–87. The error on the face of the record satisfies the fourth prong of the restricted appeal standard. See T EX . R. A P P . P. 30 (Apx. I); see also Quaestor , 997 S.W.2d at 227; see also Miles , 229 S.W.3d at 386–87.

CONCLUSION AND PRAYER

*21 For the forgoing reasons, the OAG respectfully requests that this Court reverse the judgment of the trial court and remand the case to the trial court for further proceedings in accordance with this Court’s opinion.

Respectfully submitted, Ken Paxton, Attorney General of Texas Charles Roy First Assistant Attorney General Ildefonso Ochoa, Jr. Deputy Director Policy, Legal, and Program Operations Child Support Division Rande K. Herrell Managing Attorney, Appellate Litigation Child Support Division /s/ Deterrean Gamble Deterrean Gamble Assistant Attorney General State Bar No. 24062194 deterrean.gamble@texasattorneygeneral.gov P.O. Box 12017 Austin, Texas 78711-2017 Voice: (512) 460-6085 Fax: (512) 460-6612

14 *22 Attorneys for Appellant, The Office of the Attorney General of Texas

CERTIFICATE OF COMPLIANCE

*23 I certify that this document complies with the typeface requirements of Tex. R. App. P. 9.4(e) because it has been prepared in a conventional typeface no smaller than 14-point for text and 12-point for footnotes. This document also complies with the word-count limitations of Tex. R. App. P. 9.4(i), if applicable, because it contains 2950 words, excluding any parts exempted by Tex. R. App. P. 9.4(i)(1).

/s/ Deterrean Gamble Deterrean Gamble Assistant Attorney General

CERTIFICATE OF SERVICE

*24 I certify that a copy of this Brief of Appellant was served on the parties or their counsel listed below by certified United States mail on December 22, 2015. /s/ Deterrean Gamble Deterrean Gamble Assistant Attorney General

Gary M. Polland 2211 Norfolk Street Houston, Texas 77098 Counsel for Respondent, Patrick Eugene Bedford Michelle D. Sanders Assistant Attorney General

17 *25 No. 14–15–00925–CV I N T HE F OURTEENTH C OURT OF A PPEALS H OUSTON , T EXAS IN THE INTEREST OF R.S.T., A CHILD The Office of the Attorney General of Texas, Appellant , v. Patrick Eugene Bedford Appellee.

APPENDIX

*26 A. Motion to Confirm Support Arrearage (September 13, 2011) B. Notice of Registration of Foreign Order (September 13, 2011) C. Order on Motion to Confirm Arrearage (December 19, 2011) D. Motion for New Trial (January 17, 2012) E. Order Granting Motion for New Trial (February 24, 2012) F. Notice and Order of Nonsuit (April 3, 2012) G. Order on Motion for New Trial (May 27, 2015) H. Order in Suit Modifying Child Support Withholding (August 10, 2015) I. T EX . R. A PP . P. 30 J. T EX . F AM . C ODE §§ 159.605, 159.606 Act of May 21, 2009, 81 st Leg., R.S., ch. 767, § 21, sec. 159.611, 2009 K.

Tex. Gen. Laws 1938, 1945 K. Act of May 20, 1997, 75th Leg., R.S., ch. 607, § 18, sec. 159.613, 1997 Tex. Gen. Laws 2137, 2143 19 *27 0 9.7 ry PA TRICK EUGENE BEDFORD NCP Name: TANYA R DARBONNE CP Name: OAG Number: 0012134745 LAC: RREN

csmw?ÿ § INT JUDICIAL DISTRICT [NTHE INTEREST OF § OF § HARRIS COUNTY, TEXAS A CHILD MOTION TO CONFIRM SUPPORT ARREARAGE (UIFSA) The TEXAS ATTORNEY GENERAL, representing the State of Texas as a Support Enforcement Agency pursuant to Texas Family Code Chapter 1 59, and providing services pursuant to Texas Family Code Chapter 231 , files this pleading for which discovery is iniended to be conducted under Level 2 of Rule 190, Texas Rules of Civil Procedure.

JURISDICTION

L This Court has, or should assume, jurisdiction over PATRICK EUGENE BEDFORD pursuant to Texas Family Code Chapter 1 59,

CHILDREN

2, The following child residing in Louisiana is the subject of this suit Name Sex DOB Birthplace No property, other than personal effects, is owned by any child, subject of this suit.

PERSONS

ENTITLED TO NOTICE 3 , PA TRICK EUGENE BEDFORD, age 39, the father of the child, resides in HOUSTON, TX. The TEXAS ATTORNEY GENERAL requests the issuance and service of process on this person in accordance with the attached service information sheet.

PRIOR CHILD

SUPPORT ORDER On 5/30/1999 a tribunal ordered PA TRICK EUGENE BEDFORD to pay current child support of $152. 00 4. monthly , beginning 1/1/1998. and monthly thereafter. The amount and frequency of PATRICK EUGENE BEDFORD* child support obligation remains unchanged. Attached as Exhibit A are the relevant portions of said order

SEP 1 3 2011

Time:

RvmlCoLtnTy.To* its By. D op Lily Motion To Confirm Support Arrearage (UIFSA) Page 5 4 *28 •

CHILD SUPPORT ARREARAGE

5. PATRiCK EUGENE BEDFORD failed to pay court ordered child support as follows: Prior arrears as of 10/3112009 $21,584.00 Support accrued since 10/31/2009 $3,040.00 Interest accrued since 10/31/2009 $0.00 Support paid since 1013112009 $6,345.47 Total arrearage as of6127/2011 $18,278.53

EXBIBIT B, which is attached and incorporated by reference, is a true and correct copy of a payment record indicating the occasions Obligor violated the above-referenced order.

ARREARAGE JUDGMENT

6. The Court should conJ1rm and enter judgment for all support arrearage and accrued interest as of the hearing date. The Court should order payment and Income withholding to liquidate the judgment pursuant to Texas family Code Chapters 157, 158 and 159.

Attached as EXHIBIT C and incorporated by reference is a true and correct copy of the payment record of PATRICK EUGENE BEDFORDshowing the date and amount of each child support payment made by him, and the accrual of interest and arrears since 10/3 112009,

WITEIBOLDING FROM EARNINGS FOR SUPPORT

7. The Court should order al.l support withheld from disposable earnings pursuant to Texas Family Code Chapter 158 and § 159.305(h)(3). The Court should order a.ll payments of support processed pursuant to Tc.xos Family Code Chapter 231 for distribution according to law . .If appropriate, the Court should order PATRICK EUGENE BEDFORD to post a bond or security.

Motion To Conform Support Arrearage (UIFSA) Page 6 · *29 5 tu;QUEST FOR PRODUCTION OF DOCUMENTS PATRICK EUGENE BEDFORD has in his possession documents that will ~how the nature and extent of his 8. ability to pay child support. Tho TEXAS A 'ITORNBY GENERAL, pur~uant to Rule 196, TeXlls Rules of Civil Procedur~;~, reques\8 him to produce ruod permit the TfiXAS A TIORNEY OENHRAL t.o in~pcct and copy the originals, or true copies. of the lo llowing documen\S in his possession. custody or control: (a) his IRS federal htx returns for the past two years with all schedule.~ included witb the returns and all W-2s and 1099s sltl!chGd to ~ucb returns, (b) any a.nd all W- 2 statements. all I 099a, and all documents showing income received by Re~pondent from any source for the two tax yeors preceding the dute of filing of this action, (c) all puyrol l stubs. vouchers, records ofcnmmis~ions ond nil other written ro:cords or evidem:c of income received by him within the; last si~t months, (d) the most recent Social Stlcurity Administration Form SSA· 7005, showing his income his1ory, sent to him three months before his last llirthday, (c) stalemenls of accounts for all checking or saving accounts in which he has held an interest withiu the last six monlhs, m all evidence (policies, premium schedules, records of premiums paid, etc.) of health rnsunmce avail~ble at his place of employment that may provide coverage for dependent children, (g) copies of loan applications made within the lost !ilx months, (h) current stntement of benefits and account balances lor all retirement, pension, or profit-sharing pl110s In whioh the respondent has accmed or may accrue benefits, regardless if such benefits have vested, including but not limit~d to employer- or union-sponsore-d defined benefit or defined contribution plans and individual retir~ment accounts (LRAs). and (i) summllly pla.n description of all retirement, p~n~ion, or profit-shuing plan~ in which the respondent has accrued or may accrue benefits, regardless if such benefits have vested. The 1'EXAS ATI'ORNEY GENERAL requests produaiion of the specified documents at: The Office of the Attorn~)' General

2JUCANALST

SUiTE 100

HOUSTON, TX 77003

on or bcfor11- 3:00p.m. on th~ 50th day following the dat~ of servic11 of this request.

ATTORNEY FEES AND COSTS

9. The Court should order PATRICK EUGENE BEDFORD to pay reasonable uttomey f~es :~nd llll othur cost~ of this proceeding.

PRAYER

The Tfi.XAS A l'TORNEY 06NERAL prays that the Court gr110t all relief requested hen;in. The TEXAS ATTORNEY G.a.IERAL prays for general relief. Molfon To Confirm Support AnearC~ge (UIFSA) Page7 *30 6 Respectfuily submitted, GregAbbon Attorney General of Texas Daniel T. Hodge First Assistant Attorney General ANNA M CASILLAS- SBN: 03966550 MICHELLE D SAN DERS- SBN: 24001582 MINERVA A RAMIREZ- SBN: 16502550 STEPHANIE A PRUETZ- SBN: 2407045 I Y ASMIN KUTTY -SBN: 24068862 ASSISTANT ATI'ORNEY GENERAL

CHILD SUPPORT DIVISION

23 11 CANAL ST

SUITE 100

HOUSTON, TX 77003 Telephone No. (71 3)802-9293 Toll Free 1(800)687-8327 Fax No. (71 3)864-8842 *31 Page S

Motion To Confirm Support Anearage (UIFSA) 7 PATRICK EUGENE BE ORB NCPNeme; CP Name: TANYA R DARBONNE QAG Number: 001213-1745

LAC:

RRFN § IN H JUDICIAL DISTRICT

fN TFLE INTEREST OF § OF § HARRIS COUNTY, TEXAS A CHILD NOTICE OE REGISTRATION OF FOREIGN SUPPORT ORDER (UIFSA) FA TRICK EUGENE BEDFORD TO: has been registered pursuant to Texas Family Code Chapter 1 59, Subchapter G is attached . along with a copy of any other relevant information accompanying the order, A registered order is enforceable ns of the date of registration in the same manner as an order issued by a Texas 2, court. 3. The amount of the alleged arrearage is 5 of 4. A hearing to contest the validity or enforcement of the registered order must he requested within 20 days after the

date of personal service of this notice. If you wish to contest the registered order, file a written response with the District Clerk and mail a copy to the 5. TEXAS ATTORNEY GENERAL at 2311 CANAL ST. SUITE 100, HOUSTON TX, 77003 within 20 days after the date of service oflhts notice,

6 Failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages This precludes Further contest of the order with respect to any matter that could have been asserted and the amount of alleged arrearages. Any prior determination of arrearages by any tribunal is entitled to full faith and credit and the amount is not subject to retroactive redetermination. Direct ali child support payments to:

7. By _ Texas Child Support Disbursement Unit SEP 1 3 2011 P O Box 659791 Time: San Antonio, TX 78265-9791 uountv. TnjtiE for distribution according to law. Deputy CHRIS DANIEL District Clerk HA RR1S County, Texas By: , Deputy *32 Nonet OF Rtoisi K v i IOM or FOREIGN Sirroui ORDER (LiFSAj 24 3l| Sc. NCP Name: PATRICK EUGENE BEDFORD CP Name: TANYA R DARBONNE OAG Number 0012134745

CAUSE NUMBER 3to j I § IN JUDICIAL DISTRICT

IN

THE INTEREST OF § OF A CHILD $ HARRIS COUNTY, TEXAS ORDER CONFIRMING SUPPORT ARREARAGE (UIFSA) 20 1 On the day of , the Court held a hearing in this cause. The TEXAS ATTORNEY GENERAL appeared by Its ATTORNEY OF RECORD. PA TRICK EUGENE BEDFORD, the father of the child, is the Obligor, and appeared ID person fonH hv fiunmpy fyQ J; \ appeared in person Pm Se and was advised of his rights, including the right to court appointed attorney if

found indigent. The Court finds that PATRICK EUGENE BEDFORD knowingly and intelligently waived his rights and proceeded Pro Se;

faj agreed to the entry of these orders as evidenced by his signature; lÿjF- although duly notified, did not appear;

although duly and properly cited and notified, did not appear and wholly made default. At the request of the TEXAS ATTORNEY GENERAL, the Court severed the contempt action and then heard other issues raised by pleadings on file, including the request for a judgment and for income withholding.

_ has continuing exclusive jurisdiction over the The Court FINDS that TANYA R DARBONNE, the mother of the child, is the Obligee. The Court FI N D5 that a (rib una! of /

child support issue and has issued the controlling order. The Court further FINDS, pursuant to Texas Family Code Chapter 159, that it has jurisdiction over PATRICK EUGENE BEDFORD and the subject matter of this suiL

A record of the proceedings was; (jfj waived by the parties with the consent of the court. made by audio recording, |_J FILED Chris Daniel District Clerk DEU1 &

Tt(WT' K™1 ^[1] *33 01 (p Okhi H CONHKMIM, SI PEUKI AKKEARACE 1 UIFSA) PAGE 25 • • Cffil.OREN Th~ fulluwing child is the subject of this suit: -- I - PRIOR ORDER s... SSN 81rlhp1Att 008 On 5/30/J999 a tribunal ordered PATRICK EUGENE BEDFORD to pay curreol child support ofS/52.00 monthly, beginning 1/ 111998 and m(lllfhly thereafter .

• JUDGMENT ON ARREARS

The Court FINDS and CONFIRMS that PATRICK EUGeNE BEDFORD is in arre11rs in the amount uf $ d. I , 5Si'1 Qo as of O:i"al:w t 3 I , .;x)?9 . This includes alltmpaid child support and any bal'snce owed on previously conlinned arrea.n1ges or retroactive support judgments os of the speaified date. The judgment for this amount IS a cumulative j udgment.

l'he Court GRANTS and RENDERS judgment agaimst PATRICK EUGENE BEDFORD and in favor of the TeXAS AlTORNEY GENERAL in the amount ofS :;II S.~'-1 0 a • with interest as provided by the law of. • the State of'J'e:xas, at tbe rate of 6% per annum; 9Q the Stntc, ( Ci14' Sa' a a 9 , that issued the controlling order; fur collection Jlnd distribution acrording to law. The Court ORDERS PATRICK EUGENE BEDFORD, Obligor, to pay said child support judgment by paying ) s on or before the dayol , 211d bj paying~ ' \ 0 (l a n.ct $. _ ____!;! a~c,_~_~o~o!__ eaoh month beginning the __t!L. day of , :lo\:> , payable on or berorc that date and on or before the same day of each munth thereafter until the arrearage is paid in full. e 1 011 t11e tetllllnat.ton of-euta c•at suppoat fm all) child the subject ofdJiS smf. '

as not paid tbe jud&oment m full b ~h-en or hefo•e l~e same da)' af eaah month until the 8A'ear~e i' paid in full.\fhe withholding order authorized herein shall include such payments, but nothing herein shall prohibit the use of other collection methods authorized by luw. The court's order setting payments on a child supponjudgment or on a medical support judgment does not preclude or limit 'the use of any other means for enforcement of the judgment.

*34 26 . F.I\'T OF SUPPORT AND eOSTS • PATRICK EUGENE BEDFORD i$ ORDUR£0 lD p11y Dll ~uppott U1rough the ~s•stty of tloe court . Te.ms Child Suppt~tt Uisbu"*c'"CIIT IJnil J' 0 llox 6S'n1J 1 San Antonio, 'l X 782!>$>9191

for dlmibution .ll.Deordlngr.o '"'"· A\1 paymenn shall be i<Xntifiro by; Oblit;or n11nw PATIUCK BUG ENS BEOFORD. Obligte .1111me TANYA R DARBONNE, 111XAS A'rt'ORNf.V O ~N ERAl. case number OIJ12/J.t74.$, Cllu~e numher ~O if 5~ ) 9 S , CV..d the d31C o n whid11hc; withltoJdiJlg o~currcd

PATRICK f:U(iENF. JJI!OFO!W cs ORDERED lD pay court cosls of3..&L&>:IIt>C\ to the Di!IIicl Clak of' HtfRRJSCounty. Texas on or before the 3M day of Qa-.p.pb)l. ( , ::>ot~ dir...ctly to:

CHRIS OANL£1.

ro BOX ~651 IIOUSfON. TX 77210.46$ 1

INCOME W l TU.UOLDCNG: The Coun OROI:RS.I?ursonnt to Tcx.~s r'sullily Code Chapter ISS *'M § I S-9.30$(b)(3), sny omploy1.1r of f'ATJUCK EUGENE BEDFORI>. c.umm or sub~qacm, to withhold fl'IOC)mc: fi·Nn td1c d c&J'll)~nhl'c eamings ·of PATRJCK lilKJb"NE BED FORI> for the child'~ support~' ~et out in the OROER/Nffi'IIC£ TO WtniHOt.O INCOME fOR CHI I. I) .\iUPf'ORT. Any I Roome w'ithhclil fro•~ PATRICK EUO£NFJ BEDFORD~ clh,pos3bl'o ·~aming!l for child st.~pport and (l'lid according to this. order shall be cmdJtcd agnltm hi~ child ~uppr,~rt obligation., but shall not discnarge any of his child ~uppott ubllit,llno11 thai ex'~~d· tlw lllllount so cNditro.

·n•e Conrt finds PA1'/UCX £W EN£ BWFORI> is liJibf~. for lilt cocJrt ordo.rcd ohi!cl support, r~gardlllSs of th~ amounts withheld by any employer or cnuty, and PA'I'RJCK EUGENE BEDFORD·~ ordered w pay 11ny court ordered. child support not withheld by any l!.lllploy~r or mtlty dire<1tly to the Texas Child Support Di~bur~>emem lJnjt a5 on:lered...

Tho Co1crt ORDliR S lhu Cl~·rk of the Court. upon ~quc~l to cause :1 ooti lied ~ of th!! ORDER/NOTICE TO Wlt'HHOI.V lNCOM £ FOR C HILO SUPPORT, " 'ilh a copy orT~xas f ;J.IIIIily Code Cill3pW \S8 anaeb.cd, to be delivered lD !'A TRICK £UOBN£ BF.DFVR!Ysemfiloyer.

The Court OK..OERS PATRICK EUGENE BEDFOIW tO provide 31'\y suhjtqu~nr employer wlt)l a ColiJy of1hc· ORDERINOTJCH TO WITJII IOLD INCOME FOR CHH.D SUPPORT.

S'I'ATU'I'ORY

WARNI.NGS FAIJ.U'R•: '1'0 ORftY A COURT ORDER FOR CHILD SUPPORT OR f'OR POSSESSION OF OR ACC.t:SS TO A CHI LD MAY RESULT ll\1 t·URT.I:IER U'TJC'.A TJON '11'0 .U~ t'ORC£ TJ:IJ:: ORDL"R, INCLUDING CONTEMPT OF COURT. A H NJ>ING OF CONTEMPT MAY BE PU.NJSHLD BY CO.NFIN£ MENT CN JAIL FOR UP TO SIX MONTHS. A fl~£ Of Ul~ T O S.."'O FOR tAC H VJOU.TlON, AND A MONEY J UDGMENT FOR PAY~1£NT OF A'rrORNEY 'S 111t £S AND CO URT C()IS'ffi.

FA LL U.RE o•· A PARTY TO MAKE A CHJ.LD SlfPPORT PAYMENT TO TJiE PUCE AND IN m E MANNER REQUIRED BY A COURT ORDER ~tA Y REStJLT L~ 1 H.£ PARTY NOT R£C'£JVINC CIU'.J>rl' fOR ~1AKlNG T£f£ PAYMENT.

f AlLURE OF A PARTY TO PAY CHII.O SUPPORT DOES NOT .nJSTJFY D lo:NYIN(; TifAT PAR1'Y COURT-ORDERED POSSESSION OF OR ACCt:.SS TO A C HILD. A .. Efi'USAL BY A PARTY TO ALLOW *35 27 • • POSS!.'SSJON OF OR ACCESS TO A CJULO DOES NOT JUSTIFY FAiLURE TO PAY COURT·ORDERKD OULO SUPPORT TO THAT PARTY.

EACR PERSON WliO IS A PARTY TO THIS ORDLR lS ORDERED TO NOTIFY EACH OTHER PARTY. THi: COURT, AND THE STATE CASE R.fGlSTRY OF Ai~Y CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS. MAiLiNG ADDRESS. HOME TELEPHONJE NUMBER. NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRJVER'S U C£NS£ NUMBER, ANID WO.RK U :L£PHONE NUMBER. l'U£ PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OJo' THE REQUIRED INFORMATION TO EACH OTHER PARTY. THE COURT, A.Nll THF. STATE CASF. REG ISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. JJ1 TR£ P.~TY DOtS .NO'r KNOW OR COU LD NOT HAVE KNOWN OF THE CHANGE IN SUFJIICJI!::NT TIME 'J'O PROVIDE 66·DA Y NOTICE, THE PARTY lS ORDERED 1'0 GIVE NOTtO: OJ1 THE CHANGE ON OR BEFORE THE FJJITH DAY A.nJCR THJ: DATE THA 1' TliE PARTY KNOWS OF THE CHANG It,

TtiE DUTY TO FURNISH Tl:US lNFORMATION '1'0 EACll OHlER PARTY, THE COURT, AND

THE STATE

CASE REGISTRY CONTIN UES AS I,ONG AS ANY PERSON, BY VIRT·UE OF TWS ORDER, IS UNO£R AN 08LlGATJON TO PAY CHILO SU PPORT OR ENTITLED TO POSSESSION OF OR ACCE~"'S TO A C HILD.

FA ILURE BY A PARTY TO OBEY THE ORDER 0 .1' TJiiS COURT TO fROVIO£ .EAC.R OTtlER PARTY. THE COURT ANO, T I::I E S'TATI!: CASE REGJSTRY WITB tCHANGE IN nu; RF:QUIRED IN FORMA TtON MAY RESUL'f IN }.'\JRl'Hl:R LJT IGA TrON 'fO ENFORCE TtlE ORDER, INCLUDING CONTEMPT OF COURT. A FlNDI,NG OF CONTEMPT MAY BE PIUNISHEO BY CONF(NEMENT IN JAIL FO.R UP l'O SlX MONl'liS, A FINE OF UP TO SSOO FOR EACH VIOLATION, AND A MONEV JUDGMENT FOR PAYMENT Of A TIORNEV'S FEE-S ANO COURT COSTS.

NOTICE TO TlUJ: S'fA'fE CAS£ RI!:GISTRY A& is required by th~ preceding section. any chunge of a purty'~ resi.dential address. mailing uddres~. home telephone number, nome of employer, address of employment, dn'ver'll license number, and work telephone number are to bu ruportcd by mail to th~;

Stare Case Registry Contr~ct S~rvices s~ction

MC046S

P.O. Box 12017 Austin. TX 78711-2017 in nddltion U> reporting the change(s) lo the other parties nnd rhe Court.

REVIEW

Pursuant to 42 USC 666{1!)( I O), n parent subJeCt to a child support order, nr I CASt eve f)' three yen~. hn~ the rlgln l() rt•quo~t u Nviuw of the ()rd~red child supp~>rt amount~ by contacting the CIU LD SUPPORT DIVISION (,)f th~ TEXAS ATI'ORNEY GENERAL.

*36 28 INFORMATION PURSUANT TO TEXAS FAMILY CODE § 105.006 JUDICIAL DISTRICT HARRIS County, Texas Court: 96-3363 Cause Number: PRIMARY JOINT MANAGING or MANAGING CONSERVATOR INFORMATION: TANYA R DARBONNE Name: Residence Address; Work Phone:

JOINT MANAGING nr POSSESSORY CONSERVATOR INFORMATION:

PATRICK

EUGENE BEDFORD Address: Expected termination dale of obligation to pay child support and of orders for possession ofv or access to, a child (date of expected emancipation of all minors), 1 he Court: U has [ÿJ has not ordered that special restrictions be placed on the distribution of this information pursuant to Texas Family Code g 105.006(c), to wit:

*37 OF (p O Rum CONFIRMING Sorrow Amu AKAUE rt'lFSA) PAUE 29 •

•

DEC 1 9 2011 , ___ . Signed this _ _ day of ASS~· YAS N ANNA M CASILLAS- : 03966550 MINERVA A RAMIRE - SBN: 16502550 MICHELLE D SANDERS - SBN: 24001582 STEPHANIE A PRUETZ- SBN: 24070451 ATTORNEY OF RECORD CHILD SUPPORT DIVISION 2311 CANAL ST SUITE 100 HOUSTON, TX 77003 Telephone No. {7 13)802-9293 ·roll Pree I(R00)6R7-RD7

FA X No. (7 13 jiS64- ISM 2

*38 30 p.ÿ CAUSE NO. 2011-54295 IN THE INTEREST OF IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS /fÿ

§

246th JUDICIAL DISTRICT; §

MOTION FOR

NEW TRIAL it, %ÿ- Respondent PATRICK EUGENE BEDFORD moves this Court to set aside the judgment rendered against PATRICK EUGENE BEDFORD on December 15, 2011, and grant him a new trial in this cause.

1. This Motion is presented within the time limits prescribed by the Texas Rules of Civil Procedure for a Motion for a New Trial. Respondent has asked for DNA testing in this matter because he does not believe 2. he is the father. 3. The judgment in this case was against the great weight and preponderance of the evidence. The granting of a new trial will not prejudice the other parties to this cause. 4. 5. Respondent is able, ready and willing to go to trial immediately, and no delay,

harm or prejudice will occur to the other parties as a result of Respondent’s motion.

PRAYER

Respondent prays that after notice and hearing the judgment rendered in this cause be set aside and that Respondent be granted a new trial. ASSESSED IT ENTEREDÿ />)

VERIFIER

*39 35 . ' ~ · . . Respectfully submitted,

I '

/\~. 0 By: _;~L,- __ ,-'L. _ ____ _ _ Gary M. Polland State Bar No. 16095800 2211 Norfolk St., Suite 920 Houston, Texas 77098 Telephone: (713) 62 1-6335 Facs.imile: (713) 622-6334

A TTORNEY FOR P ATRICK E UGENE BEDFORD CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document has been forwarded via facsimile and/or first-class mai l, postage prepaid to the following counsel of record on this the 13th day of January, 2012. Via Facsimile (713) 864-8842 Anna M. Casillas Michelle D. Sanders Minerva A. Ramirez Stephanie A. Pructz Yasmin Kutty Assistant Attorney General Child Support Division 2311 Canal St., Suite I 00 Houston, TX 77003

Gary M. Polland *40 36 ej V' CAUSE NO. 2011-54295 f iR IN THE INTEREST OF 5 IN THE DISTRICT COURT § § OF HARRIS COUNTY, TEXAS §

246™ JUDICIAL DISTRICT 5 wmffM ORDE OTION FOR NEW TRIAL On 2012, the Court considered Respondent PATRICK. EUGENE BEDFORD’S Motion for New Trial, After considering the Motion, the Court decided that the request should be granted,

IT IS ORDERED that Respondent PATRICK EUGENE BEDFORD shall be granted a new trial. GRANTED this , 2012. day of

JUDGE

PRESIDING APPROVED AS TO FORM AND ENTRY REQUESTED: By:

Gary M. Polland

FILED

State Bar No, 1 6095800 2211 Norfolk Street, Suite 920

fficFSK Houston, Texas 77098 Telephone: (713) 621-6335

FEB 2 4 2012 Facsimile: (713)622-6334 rimer ATTORNEY FOR PATRICK EUGENE BEDFORD §?: *41 37 UCft

FILED

MAR 29 2012

I

NCP Name: PATRICK EUGENE BEDFORD Time: Harrlt County, Taut CP Name: TANYA R DARBONNE ay. OAG Number: 0012134745 Deputy CAUSE NUMBER 201154295 § DM THE 246TH JUDICIAL DISTRICT DM T HE INTEREST OF § OF <4 A CHILD § HARRIS COUNTY, TEXAS NOTICE OF NONSUIT The TEXAS ATTORNEY GENERAL, pursuant to Rule 162, Texas Rules of Civil Procedure, gives notice of its Nonsuit concerning its * Motion to Confirm Support Arrearaftes fULFSAl filed on September 13, 20 11 , Respectfully submitted, Greg Abbott Attorney General of T exas Daniel T. Hodge First Assistant Attorney General

M CASILLAS - Sfefr 0396fl55(f\ MICHELLE D SANDERS - SBN: 2ÿ001 5$ MINERVA A RAMIREZ - SBN: 165&2550 STEPHANIE A PRUETZ - SBN: 24070451 ASSISTANT ATTORNEY GENERAL CHILD SUPPORT DIVISION 2311 CANAL ST SUITE 100 HOUSTON, TX 77003 Telephone No. (713)802-9293 Toll Free 1(800)687-8327 Fax No. (713)864-8842

RECORDER'S WEMQEL-lDUWi \ This Instrument Is of poor qusut,'

1ÿ3, *42 42 NONSUIT The Court finds that the Office of the Attorney General has nonsuited its pending action and directs the Clerk of the Court to record such nonsuit in the minutes of the court. MAlt 2 5 fO ll- dayof ~ LoJ}__

Signedthis _ _..3::.....__ A~E JUDGE PRESIDING

.J

*43 43 FILE® ssctfaft MAY 2 7

CAUSE NO. 2011-54295 count/, T**11 Tin»v IN THEÿ&fSTKICTÿOUHTOF” / IN THE INTEREST OP § § s

HARRIS COUNTY, TEXAS 0mrsX

§

I CHILD 246™ JUDICIAL DISTRICT (60

ORDER

On this day came on for hearing Respondent PATRICK BEDFORD'S First Amended Motion to Stay Child Support Withholding, and it is tire opinion of this Court after hearing the evidence and argument of counsel that said Motion should be GRANTED.

It is therefore, ORDERED, ADJUDGED and DECREED that the Harris County Auditor's Office stop all child support arrearages withholding regarding the above-styled case from Respondent PATRICK BEDFORD’S Harris County paycheck, and pending a review of the validity of the registered child support order; and IT IS ORDERED that DNA testing take place , the subject lor the Respondent, PATRICK BEDFORD, and the child, of tliis suit at Respondent’s expense.

day of _ £)( SIGNED this the .oft

,2015.

MAY 2 7 2015

JUDGEWESfDIh

APPROVED AS t o FORM AND APPR; JVED AS TO FORM: ENTRY REQUESTED: Bv: /S/ Gary M Pot land _ __

By:

Michelle D, Sanders Gary M. Polland State Bar No. 16095800 Stale Bar No. 24001582 221 1 Norfolk Sl„ suite 920 2311 Canal St., Suite 100 Houston, TX 77098 Houston, Texas 77003 (713) 802-9293 (713) 621-6335 (713) 622-6334 - fax (713) 864-8K42 ATTORNEY TOR RESPONDENT ATTORNEY GENERAL OF TEXAS

*44 nFGGRP$« MEMORANDUM ths insim'THnt >5 (if poor 4ua%

at awltr* cflniaslrfl 62 7/27/20155:03:31 PM

Chris Daniel - Olslrtd Clerk Harris Counly Envelope No, 6242563 By. Charlotle Gales FSed- 7/27/201 5 5ÿ3ÿ31 PM p.i CAUSE NO. 2011-54295 nCA' IN THE INTEREST OF § rN THE DISTRICT COURT OF )/fnA

§

§ HARRIS COUNTY, TEXAS §

246™ JUDICIAL DISTRICT CHILD (O') § ORDER IN SUIT TO MODIFY CHILD SUPPORT WITHHOLDING On July 06, 2015, the Couit heard this case. 1, Appearances Petitioner, STATE OF TEXAS, although duly notified, did not appear. Respondent, PATRICK EUGENE BEDFORD, appeared in person and through attorney

of record, Gary Polland and announced ready for trial. 2. Jurisdiction

This Court after examining the record and the evidence and argument of counsel, finds that it has jurisdiction of this case and all the parties and that no other court has continuing exclusive jurisdiction of this case. All persons entitled to citation were properly cited. 3. Jury

A jury was waived, and all questions of fact and of law were submitted to the Court. 4. Record The making of a record of testimony was not waived by the parties. 5. Children sssitsr-- *45 RECORDER' 5 MEMORANDUM This InsirijmHTl B O! pot* (Jiafcr

Htlha linwflfirrafling 63 •' 6. Findings The Court finds that the material allegations in Respondent's petition to modifY are tnte. IT IS ORDERED thln the requested modification is GRANTED, as Respondent was never properly served with citation in regards to the claim for child support registratiol1 in Texas of the Louisiana cblld support order.

It is therefore, ORDERED, ADJUDGED and DECREED that the Harris County Auditor's Office stop all child support a.rrearages withholding regarding the above-styled case from Respondent PATRICK EUGENE BEDFORD'S Harris County, Texas paychecks. 7. Relief Not Granted

IT IS ORDERED that all relief requested in tbis case and not expressly granted is denied. All other terms of the prior orders not specifically modified in this ofder shall remain in full force and effect. Dalt!. of Order SIGNED on A'-'8 / ()

_ _,201 5.

day of Aa Signed on this the I 0 .2o1s. /J *46 2 64 APPROVED-~ TO FORM By: lSI Gary M Polland

Gary M. Polland State Bar No. 16095800 2211 Norfolk Sl, suite 920 Houston, TX 77098 (713) 621 -6335 (713) 622-6334- fax ATTORNEY FOR Rl:sPONl>EI\'T

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing Order in Suit to Modify Child Support Withholding bas been forwarded via fucsimile and/or ftrst-class mail, postage prepaid to the following counsel of record on this the 21'' day of July 2015. Via F acsimile (713) 864-8842 Attorney General of Texas Michelle D. Sanders · State Bar No. 24001582 231 I Canal St., Suite 100 Houston, Texas 77003

lSI Garv M. Pol/and Gary M. Polland

*47 3 65 Rule 30. Restricted Appeal to Court of Appeals in Civil Cases, TX R APP Rule 30 Vernon's Texas Rules Annotated Texas Rules of Appellate Procedure Section Two. Appeals from Trial Court Judgments and Orders (Refs & Annos) TX Rules App.Proc., Rule 30 Rule 30. Restricted Appeal to Court of Appeals in Civil Cases Currentness A party who did not participate--either in person or through counsel--in the hearing that resulted in the judgment complained of and who did not timely file a postjudgment motion or request for findings of fact and conclusions of law, or a notice of appeal within the time permitted by Rule 26.1(a), may file a notice of appeal within the time permitted by Rule 26.1(c). Restricted appeals replace writ of error appeals to the court of appeals. Statutes pertaining to writ of error appeals to the court of appeals apply equally to restricted appeals. Credits Eff. Sept. 1, 1997. Rules App. Proc., Rule 30, TX R APP Rule 30 Rules of Civil Procedure, Rules of Evidence, and Rules of Appellate Procedure are current with amendments received through September 1, 2015. Bar Rules, Rules of Disciplinary Procedure, Code of Judicial Conduct, and Rules of Judicial Administration are current with amendments received through September 1, 2015. Other state court rules and selected county rules are current with rules verified through June 1, 2015. End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.

*48 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 § 159.605. Notice of Registration of Order, TX FAMILY § 159.605 Vernon’s Texas Statutes and Codes Annotated Family Code (Refs & Annos) Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship (Refs & Annos)

(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under Section 159.707; (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (4) of the amount of any alleged arrearages.

(c) If the registering party asserts that two or more orders are in effect, the notice must also: *49 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 § 159.605. Notice of Registration of Order, TX FAMILY § 159.605 (1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears , if any; (2) notify the nonregistering party of the right to a determination of which is the controlling order; (3) state that the procedures provided in Subsection (b) apply to the determination of which is the controlling order; and (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) On registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer under Chapter 158. Credits Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 607, § 15, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1247, § 35, eff. Sept. 1, 2003; Acts 2015, 84th Leg., ch. 368 (H.B. 3538), § 43, eff. July 1, 2015. V. T. C. A., Family Code § 159.605, TX FAMILY § 159.605 Current through the end of the 2015 Regular Session of the 84th Legislature End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.

*50 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 2 § 159.606. Procedure to Contest Validity or Enforcement of..., TX FAMILY § 159.606 Vernon’s Texas Statutes and Codes Annotated Family Code (Refs & Annos) Title 5. The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship (Refs & Annos)

Subtitle B. Suits Affecting the Parent-Child Relationship Chapter 159. Uniform Interstate Family Support Act (Refs & Annos) Subchapter G. Registration, Enforcement, and Modification of Support Order Part 2. Contest of Validity or Enforcement V.T.C.A., Family Code § 159.606 § 159.606. Procedure to Contest Validity or Enforcement of Registered Support Order Effective: July 1, 2015 Currentness (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 159.605 . The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages under Section 159.607. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. Credits Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 607, § 16, eff. Sept. 1, 1997; Acts 2015, 84th Leg., ch. 368 (H.B. 3538), § 44, eff. July 1, 2015. V. T. C. A., Family Code § 159.606, TX FAMILY § 159.606 Current through the end of the 2015 Regular Session of the 84th Legislature © 2015 Thomson Reuters. No claim to original U.S. Government Works. End of Document

*51 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 Ch. 766, § 3 81st LEGISLATURE-REGULAR SESSION they are required to be furnished under Section 59, Article XVI, Texas Constitution, andChapter 313, Government Code.(b) The governor, one of the required recipients, has submitted the notice and Act to theTexas Commission on Environmental Quality.(c) The Texas Commission on Environmental Quality has filed its recommendationsrelating to this Act with the governor, the lieutenant governor, and the speaker of the houseof representatives within the required time.(d) All requirements of the constitution and laws of this state and the rules and proceduresof the legislature with respect to the notice, introduction, and passage of this Act are fulfilledand accomplished.SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all themembers elected to each house, as provided by Section 39, Article III, Texas Constitution. Ifthis Act does not receive the vote necessary for immediate effect, this Act takes effectSeptember 1, 2009. Passed the Senate on April 28, 2009: Yeas 31, Nays 0; the Senate concurred in Houseamendment on May 29, 2009: Yeas 31, Nays 0; passed the House, with amend-ment, on May 25, 2009: Yeas 141, Nays 0, two present not voting.Approved June 19, 2009.Effective June 19, 2009. CHAPTER 767 S.B. No. 865 AN ACTrelating to child support enforcement and disbursement and to health care coverage for children in Title IVD cases. Be it enacted by the Legislature of the State of Texas: SECTION 1. Section 102.009, Family Code, is amended by adding Subsection (e) to readas follows: (e) In a proceeding under Chapter 233, the requirements imposed by Subsections (a) and(c) do not apply to the extent of any conflict between those requirements and the provisionsin Chapter 233. SECTION 2. Subsection (b), Section 102.011, Family Code, is amended to read as follows:(b) The court may also exercise personal jurisdiction over a person on whom service ofcitation is required or over the person's personal representative, although the person is not aresident or domiciliary of this state, if:(1) the person is personally served with citation in this state;(2) the person submits to the jurisdiction of this state by consent, by entering a generalappearance, or by filing a responsive document having the effect of waiving any contest topersonal jurisdiction;(3) the child resides in this state as a result of the acts or directives of the person;(4) the person resided with the child in this state; (5) the person resided in this state and provided prenatal expenses or support for thechild;(6) the person engaged in sexual intercourse in this state and the child may have beenconceived by that act of intercourse;(7) the person, [registered with the paternity registry maintained by the, bu..reau of ,lstatisties] as provided by Chapter 160: (A) registered with the paternity registry maintained by the bureau of vital statistics; *52 81st LEGISLATURE-REGULAR SESSION Ch. 767, § 6 (B) signed an acknowledgment of paternity of a child born in this state; or (8) there is any basis consistent with the constitutions of this state and the United Statesfor the exercise of the personal jurisdiction.SECTION 3. Section 110.006, Family Code, is amended to read as follows:Sec. 110.006. DOMESTIC RELATIONS OFFICE OPERATIONS FEES AND CHILDSUPPORT SERVICE FEES. (a) If an administering entity of a domestic relations officeadopts an initial operations fee under Section 203.005(a)(1) [or a initial child support sepc fcc under Sction 203.005(a)(2)], the clerk of the court shall (1) collect the operations fee at the time the original suit motion for modification, ormotion 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 supportsertice 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 Section110.002 or 110.003. SECTION 4. Subsections (b) and (c), Section 154.062, Family Code, are amended to readas follows:(b) Resources include:(1) 100 percent of all wage and salary income and other compensation for personalservices (including commissions, overtime pay, tips, and bonuses);(2) interest, dividends, and royalty income;(3) self-employrnent income;(4) net rental income (defined as rent after deducting operating expenses and mortgagepayments, but not including noncash items such as depreciation); and (5) all other income actually being received, including severance pay, retirement benefits,pensions, trust income, annuities, capital gains, social security benefits other than supple-mental security income, unemployment benefits, disability and workers' compensationbenefits, interest income from notes regardless of the source, gifts and prizes, spousalmaintenance, and alimony.(c) Resources do not include:(1) return of principal or capital;(2) accounts receivable; or(3) benefits paid in accordance with federal public assistance programs [;id for families V.ith dependent children].SECTION 5. Subsection (a-i), Section 154.125, Family Code, is amended to read asfollows:(a-l) The dollar amount prescribed by Subsection (a) is adjusted every six years asnecessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, totake effect beginning September 1 of the year of the adjustment, based on the percentagechange in the consumer price index during the 72-month [prc.ding six yearl period preceding March 1 of the year of the adjustment [in the on.umer prico index], as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. Forpurposes of this subsection, "consumer price index" has the meaning assigned by Section341.201, Finance Code.SECTION 6. Section 154.130, Family Code, is amended by amending Subsections (a) and (b) *53 Ch. 767, § 6 81st LEGISLATURE-REGULAR SESSION (1) a party files a written request with the court not later than 10 days after the date ofthe hearing;(2) a party makes an oral request in open court during the hearing; or (3) the amount of child support ordered by the court varies from the amount computedby applying the percentage guidelines under Section 154.125 or 154.129, as applicable.(a-1) If findings under this section are required as a result of the request by a partyunder Subsection (a)(1) or (2), the court shall make and enter the findings not later than the15th day after the date of the party's request. (b) If findings are required by this section, the court shall state whether the application ofthe guidelines would be unjust or inappropriate and shall state the following in the childsupport order:"(1) the [monthly] net resources of the obligor per month are $ "(2) the [monthly] net resources of the obligee per month are $ "(3) the percentage applied to the obligor's net resources for child support [by-the-aetiuaorder rendered by the court] is _ %; and "(4) [the amount of child support i thc p.rentag guidelines are applied to thc portion of the obliger's nct resources that does, not cxkeed theP amount provided by Section 154.125(a), Family Code, is $ [45)] if applicable, the specific reasons that the amount of child support per month orderedby the court varies from the amount computed by applying the percentage guidelines underSection 154.125 or 154.129, as applicable [stated in Subdiision (4) are: ; and] ["(6) if applicable, the obliger is obligated to support childrnla in more than onhousehold, and:] ["(A) the number of childrenQ4 before thoecourt is["(B) the numr41@ Of children- not befo6re the cour-t r-esRiding in the same househiold witthe obligor is ; and] ["(C) the numbher of cahildren no0t before, the. cour1t for who1m the obligor is obligated-bya court order to pay support, without regard to whether the obligor is denquent in childsupport pay.-rents, and w.ho are nt coun.ted under Paragraph (A) or (B) is ]., SECTION 7. Subsections (b), (c), and (e), Section 154.181, Family Code, are amended toread as follows:(b) Before a hearing on temporary orders or a final order, if no hearing on temporaryorders is held, the court shall require the parties to the proceedings to disclose in a pleadingor other statement:(1) if private health insurance is in effect for the child, the identity of the insurancecompany providing the coverage, the policy number, which parent is responsible forpayment of any insurance premium for the coverage, whether the coverage is providedthrough a parent's employment, and the cost of the premium; or(2) if private health insurance is not in effect for the child, whether:(A) the child is receiving medical assistance under Chapter 32, Human ResourcesCode;(B) the child is receiving health benefits coverage under the state child health planunder Chapter 62, Health and Safety Code, and the cost of any premium; and(C) either parent has access to private health insurance at reasonable cost to theobligor [that parent].(c) In rendering temporary orders, the court shall, except for good cause shown, order thatany health insurance coverage in effect for the child continue in effect pending the renditionof a final order, except that the court may not require the continuation of any healthinsurance that is not available to the parent at reasonable cost to the obliger. If there is nohealth insurance coverage in effect for the child or if the insurance in effect is not available ata reasonable cost to the obliger, *54 81st LEGISLATURE-REGULAR SESSION Ch. 767, § 9 (e) In this section, "reasonable cost" means the cost of health insurance coverage for achild that does not exceed nine percent of the obligor's [responsible parent's] annualresources, as described by Section 154.062(b), if the obligor is responsible under a medicalsupport order for the cost of health insurance coverage for only one child. If the obligor isresponsible under a medical support order for the cost of health insurance coverage for morethan one child, "reasonable cost" means the total cost of health insurance coverage for allchildren for which the obligor is responsible under a medical support order that does notexceed nine percent of the obligor's annual resources, as described by Section 154.062(b). SECTION 8. Subsections (a), (b), (b-1), (b-2), and (c), Section 154.182, Family Code, areamended to read as follows:(a) The court shall consider the cost, accessibility, and quality of health insurance coverageavailable to the parties and shall give priority to health insurance coverage available throughthe employment of one of the parties if the coverage is available at a reasonable cost to theobligor. (b) In determining the manner in which health care coverage for the child is to be ordered,the court shall render its order in accordance with the following priorities, unless a partyshows good cause why a particular order would not be in the best interest of the child:(1) if health insurance is available for the child through a parent's employment ormembership in a union, trade association, or other organization at reasonable cost [to -thparen-], the court shall order that parent to include the child in the parent's healthinsurance;(2) if health insurance is not available for the child under Subdivision (1) but is availableto a parent at reasonable cost from another source, including the program under Section154.1826 to provide health insurance in Title IV-D cases [and at a reasonable cost], the court may order that parent to provide health insurance for the child; or (3) if health insurance coverage is not available for the child under Subdivision (1) or (2),the court shall order the obligor to pay the obligee, in addition to any amount orderedunder the guidelines for child support, an amount, not to exceed nine percent of theobligor's annual [motJh-y] resources, as described by Section 154.062(b), as cash medicalsupport for the child.(b-i) If the parent ordered to provide health insurance under Subsection (b)(1) or (2) is theobligee, the court shall order the obligor to pay the obligee, as additional child support, anamount equal to the actual cost of health insurance for the child, but not to exceed areasonable cost to the obligor. In calculating the actual cost of health insurance for the child,if the obligee has other minor dependents covered under the same health insurance plan, thecourt shall divide the total cost to the obligee for the insurance by the total number of minordependents, including the child covered under the plan.(b-2) If the court finds that neither parent has access to private health insurance at areasonable cost to the obligor, the court shall order the parent awarded the exclusive right todesignate the child's primary residence or, to the extent permitted by law, the other parent toapply immediately on behalf of the child for participation in a government medical assistanceprogram or health plan. If the child participates in a government medical assistance programor health plan, the court shall order cash medical support under Subsection (b)(3).(c) In this section: (1) "Accessibility" means the extent to which health insurance coverage for a childprovides for the availability of medical care within a reasonable traveling distance and time from the child's primary residence, as determined by the court. (2) "Reasonable[, easonab] cost" has the meaning assigned by Section 154.181(e).SECTION 9. Subchapter D, Chapter 154, Family Code, is amended by adding Sections154.1826 and 154.1827 to read as follows: Sec. 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN TITLEIV-D CASES. (a) In this section:(1) "Health benefit plan issuer" means an insurer, health maintenance organization, orother entity authorized to provide health benefits coverage under the laws of this state. *55 Ch. 767, § 9 81st LEGISLATURE-REGULAR SESSION (2) "Health care provider" means a physician or other person who is licensed, certified,or otherwise authorized to provide a health care service in this state.(3) "Program" means the child health care program developed under this section.(4) "Reasonable cost" has the meaning assigned by Section 154.181(e).(5) "Third-party administrator" means a person who is not a health benefit plan issueror agent of a health benefit plan issuer and who provides administrative services for theprogram, including processing enrollment of eligible children in the program and process-ing premium payments on behalf of the program.(b) In consultation with the Texas Department of Insurance, the Health and HumanServices Commission, and representatives of the insurance industry in this state, the TitleIV-D agency shall develop and implement a statewide program to address the health careneeds of children in Title iV-D cases for whom health insurance is not available to eitherparent at reasonable cost under Section 154.182(b)(1) or under Section 1,54.182(b)(2) from asource other than the program.(c) The director of the Title IV-D agency may establish an advisory committee to consultwith the director regarding the implementation and operation of the program. If thedirector establishes an advisory committee, the director may appoint any of the followingpersons to the advisory committee:(1) representatives of appropriate public and private entities, including state agenciesconcerned with health care management;(2) members of the judiciary;(3) members of the legislature; and(4) representatives of the insurance industry.(d) The principal objective of the program is to provide basic health care services,including office visits with health care providers, hospitalization, and diagnostic andemergency services, to eligible children in Title IV-D cases at reasonable cost to the parentsobligated by court order to provide medical support for the children.(e) The Title IV-D agency may use available private resources, including gifts and grants,in administering the program. (f) The Title IV-D agency shall adopt rules as necessary to implement the program. TheTitle IV-D agency shall consult with the Texas Department of Insurance and the Health andHuman Services Commission in establishing policies and procedures for the administrationof the program and in determining appropriate benefits to be provided under the program.(g) A health benefit plan issuer that participates in the program may not deny health carecoverage under the program to eligible children because of preexisting conditions or chronicillnesses. A child who is determined to be eligible for coverage under the program continuesto be eligible until the termination of the parent's duty to pay child support as specified bySection 154.006. Enrollment of a child in the program does not preclude the subsequentenrollment of the child in another health care plan that becomes available to the child'sparent at reasonable cost, including a health care plan available through the parent'semployment or the state child health plan under Chapter 62, Health and Safety Code.(h) The Title IV-D agency shall contract with an independent third-party administratorto provide necessary administrative services for operation of the program.(i) A person acting as a third-party administrator under Subsection (h) is not consideredan administrator for purposes of Chapter 4151, Insurance Code.(j) The Title IV-D agency shall solicit applications for participation in the program fromhealth benefit plan issuers that meet requirements specified by the agency. Each healthbenefit plan issuer that participates in the program must hold a certificate of authorityissued by the Texas Department of Insurance.(k) The Title IV-D agency shall promptly notify the courts of this state when the programhas been implemented and is available to provide for the health care needs of childrendescribed by Subsection (b). The notification must specify a date beginning on whichchildren may be enrolled in the program. *56 81st LEGISLATURE-REGULAR SESSION Ch. 767, § 13 (1) 0n or after the date specified in the notification required by Subsection (k), a courtthat orders health care coverage for a child in a Title IV-D case shall order that the child beenrolled in the program authorized by this section unless other health insurance is availablefor the child at reasonable cost, including the state child health plan under Chapter 62,Health and Safety Code.(m) Payment of premium costs for the enrollment of a child in the program may beeniforced by the Title IV-D agency against the obligor by any means available for theentforcement of a child support obligation, including income withholding under Chapter 158.(n) The program is niot subject to any provision of the Insurance Code or other law thatrequires coverage or the offer of coverage of a health care service or benefit.(o) Any health information obtained by the program, or by a third-party administratorproviding program services, that is subject to the Health Insurance Portability and Account-ability Act of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181, Health and Safety Code,is confidential and not open to public inspection. Any personally identifiable financialinformation or supporting documentation of a parent whose child is enrolled in the programthat is obtained by the program or by a third-party administrator providing programservices, is confidential and not open to public inspection.Sec. 154.1827. ADMINISTRATIVE ADJUSTMENT OF MEDICAL SUPPORT ORDER.(a) In each Title V-D case in which a medical support order requires that a child beenrolled in a health care program under Section 154.1826, the Title IV-D agency mayadministratively adjust the order as necessary on an annual basis to reflect changes in theamoun t of premium costs associated with the child's enrollment.(b) The Title IV-D agency shall provide notice of the administrative adjustment to theobligor and the clerk of the court that rendered the order. SECTION 10. Subsection (c), Section 154.183, Family Code, is amended to read asfollows: (c) As additional child support, the court shall allocate between the parties, according totheir circumstances: (1) [] the reasonable and necessary health care expenses, including vision and dentalexpenses, of the [o--"] child that are not reimbursed by health insurance or are nototherwise covered by the amount of cash medical support ordered under Section154.182(b)(3); and(2) amounts paid by either party as deductibles or copayments in obtaining health careservices for the child covered under a health insurance policy. SECTION 11. Subsection (c), Section 154.187, Family Code, is amended to read asfollows:(c) An employer who has received an order or notice under this subchapter shall provide tothe sender, by first class mail not later than the 30th day after the date the employer receivesthe order or notice, a statement that the child:(1) has been enrolled in the employer's [a] health insurance plan or is already enrolled inanother health insurance plan in accordance with a previous child support or medicalsupport order to which the employee is subject; or(2) cannot be enrolled or cannot be enrolled permanently in the employer's [a] healthinsurance plan and provide the reason why coverage or permanent coverage cannot beprovided. SECTION 12. Subsection (b), Section 154.191, Family Code, is amended to read asfollows:(b) This subchapter does not limit the authority of the court to render or modify a medicalsupport order to provide [containing a pro;ision] for payment of uninsured health expenses,health care costs, or health insurance premiums in a manner consistent *57 Ch. 767, § 13 81st LEGISLATURE-REGULAR SESSION (b) The court retains jurisdiction to confirm the total amount of child support arrearagesand render a cumulative money judgment for past-due child support, as provided by Section157.263, if a motion for enforcement requesting a cumulative money judgment is filed notlater than the 10th anniversary after the date:(1) the child becomes an adult; or(2) on which the child support obligation terminates under the child support order or byoperation of law.SECTION 14. Subchapter A, Chapter 157, Family Code, is amended by adding Section157.009 to read as follows: Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. In addition to any other credit or offset available to an obligor under this title, if a child for whom theobligor owes child support receives a lump-sum payment as a result of the obligor'sdisability and that payment is made to the obligee as the representative payee of the chilthe obligor is entitled to a credit. The credit under this section is equal to the amount of thelump-sum payment and shall be applied to any child support arrearage and interest owed bythe obligor on behalf of that child at the time the payment is made. SECTION 15. Section 157.162, Family Code, is amended by adding Subsection (e) to readas follows: (e) Notwithstanding Subsection (d), the court may award the petitioner costs of court andreasonable attorney's fees in a proceeding described by that subsection if the court finds that:(1) on the date the motion for enforcement was filed, the respondent was not current inthe payment of child support as ordered by the court; and(2) the respondent made the child support payments described by Subsection (d) after the date the respondent was served notice of the motion or otherwise discovered that themotion for enforcement had been filed. SECTION 16. Subsection (f), Section 157.262, Family Code, is amended to read asfollows:(f) The money judgment for arrearages rendered by the court may be subject to acounterclaim or offset as provided by this title [subehapter].SECTION 17. Section 157.264, Family Code, is amended by adding Subsection (c) to readas follows: (c) An order rendered under Subsection (b) does not preclude or limit the use of any othermeans for enforcement of the judgment. SECTION 18. Section 157.268, Family Code, is amended to read as follows:Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child support collect-ed shall be applied in the following order of priority:(1) current child support;(2) non-delinquent child support owed;(3) [interest on the principal amounts specifled in, Subdiviions (4) and (5), [(4)] the principal amount of child support that has not been confirmed and reduced tomoney judgment;(4) [(-Q] the principal amount of child support that has been confirmed and reduced tomoney judgment; (5) interest on the principal amounts specified in Subdivisions (3) and (4); and(6) the amount of any ordered attorney's fees or costs, or Title IV-D service feesauthorized under Section 231.103 for which the obligor is responsible.SECTION 19. Section 158.203, Family Code, is amended by amending Subsection (b) andadding Subsection (b-i) to read as follows:(b) An employer with 250 or more employees shall remit a payment required under thissection *58 81st LEGISLATURE-REGULAR SESSION Ch. 767, § 25 (b-i) An employer with fewer than 250 employees may remit a payment required underthis section by electronic funds transfer or electronic data interchange. A payment remittedby the employer electronically must be remitted not later than the date specified bySubsection (b). SECTION 20. Subsections (a), (b), and (c), Section 158.215, Family Code, are amended toread as follows:(a) In this section, "lump-sum payment" means income in the form of a bonus or[commission or] an amount paid in lieu of vacation or other leave time. The term does notinclude an employee's usual earnings or an amount paid as severance pay on termination ofemployment.(b) This section applies only to an employer who receives an administrative writ ofwithholding in a Title IV-D case [that requires that an obligor's income be ;withhcld for childsupport arrearages].(c) An employer to whom this section applies may not make a lump-sum payment to theobligor in the amount of $500 or more without first notifying the Title IV-D agency [thatissued the vwit] to determine whether all or a portion of the payment should be applied to[the] child support arrearages owed by the obligor. SECTION 21. Subsection (a), Section 159.611, Family Code, is amended to read asfollows:(a) Except as provided by Section 159.615, on petition a tribunal of this state may modify achild support order issued in another state and registered in this state only if Section 159.613does not apply and after notice and hearing the tribunal finds that:(1) the following requirements are met: (A) the child, the obligee who is an individual, and the obligor do not reside in the issuing state;(B) a petitioner who is a nonresident of this state seeks modification; and(C) the respondent is subject to the personal jurisdiction of the tribunal of this state;or(2) this state is the state of residence of the child [and the child], or a party who is anindividual[j] is subject to the personal jurisdiction of the tribunal of this state, and all of theparties who are individuals have filed consents in a record in the issuing tribunal [consets;]for a tribunal of this state to modify the support order and assume continuing, exclusivejurisdiction.SECTION 22. Subsection (a), Section 160.103, Family Code, is amended to read asfollows:(a) Except as provided by Chapter 233, this [This] chapter governs every determination ofparentage in this state.SECTION 23. Subsection (b), Section 160.601, Family Code, is amended to read asfollows:(b) The proceeding is governed by the Texas Rules of Civil Procedure, except as providedby Chapter 233. SECTION 24. Subsection (e), Section 201.009, Family Code, is amended to read asfollows:(e) On a request for a de novo hearing, the referring court may consider testimony or otherevidence in the record[, if the record is taken by a cour reporter,] in addition to witnesses or other matters presented under Section 201.015.SECTION 25. Subsection (c), Section 201.015, Family Code, is amended to read asfollows:(c) In the de novo hearing before the referring court, the parties may present witnesses onthe issues specified in the request for hearing. The referring court may also consider therecord from the hearing before the associate judge, including the charge to and verdictreturned by a jury[, if the record was taken by *59 Ch. 767, § 26 81st LEGISLATURE-REGULAR SESSION SECTION 26. Subsection (a), Section 203.005, Family Code, is amended to read asfollows:(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 officeon each [the] filing of an original [a] suit, motion for modification, or motion forenforcement; (2) in a county that has a child support enforcement cooperative agreement with theTitle IV-D agency, an initial child support service fee not to exceed $36 to be paid to thedomestic relations office on the filing of an original [a] suit;(3) a reasonable application fee to be paid by an applicant requesting services from theoffice;(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 managingconservator and possessory conservator for whom the domestic relations office provideschild support services;(6) community supervision fees as provided by Chapter 157 if community superisionofficers 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 areasonable fee to be paid to the domestic relations office at the time the visitation servicesare 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 27. Section 231.015, Family Code, is amended to read as follows:Sec. 231.015. INSURANCE REPORTING [VIIO] PROGRAM. (a) In consultationwith the Texas Department of Insurance and representatives of the insurance industry in thisstate, including insurance trade associations, the Title IV-D agency by rule shall operate [establish] a [ilota] program to improve the enforcement of child support, including the use ofchild support liens under Chapter 157. The [pilot] program shall provide for procedures,including data matches, [develop processes] under which insurance companies shall [may voluntarly] cooperate with the Title IV-D agency in identifying obligors who owe childsupport arrearages or who are subject to liens for child support arrearages to interceptcertain liability insurance settlements or awards for claims in satisfaction of the arrearageamounts.(b) An insurance company that provides information or [PtheQA4se] responds to a notice ofchild support lien or levy under Subchapter G, Chapter 157, or acts in good faith to complywith procedures established by the Title iV-D agency [in the pilot program] under thissection is not liable for those acts under any law to any person.SECTION 28. Section 231.202, Family Code, is amended to read as follows:Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES. In a TitleIV-D case filed under this title, including a case filed under Chapter 159, the Title IV-D agency shall pay only the following costs and fees: (1) filing fees and fees for issuance and service of process as provided by Chapter 110 ofthis code and by Sections 51.317(b)(1), (2), and (3) and (b-1) [51- 217], 51.318(b)(2), and51.319(2), Government Code;(2) fees for transfer as provided by Chapter 110;(3) fees for the issuance and delivery of orders and writs of income withholding in theamounts provided by Chapter 110;(4) the fee for services provided by [that] sheriffs and constables, including: *60 81st LEGISLATURE-REGULAR SESSION Ch. 767, § 30 (A) a fee [are] authorized [to charge for se.vng process] under Section 118.131, LocalGovernment Code, for serving each item of process to each individual on whom service isrequired, including service by certified or registered mail[, to be paid to a sheriff,constable, or cc.k Az eheve-r- Se- e of process is required]; and(B) a fee authorized under Section 157.103(b) for serving a capias; (5) the fee for filing an administrative writ of withholding under Section 158.503(d);[and](6) the fee for issuance of a subpoena as provided by Section 51.318(b)(1), GovernmentCode; and(7) af'e authorized under a local rule for the electronic filing of documents with a clerk. SECTION 29. Subsection (a), Section 232.005, Family Code, is amended to read asfollows:(a) A petition under this chapter must state that license suspension is required underSection 232.003 and allege:(1) the name and, if known, social security number of the individual;(2) [;.th regard t eh license, the type, and if know, number of any iense theindi;vdual is believed to hold and] the name of the licensing authority that issued a [e]license the individual is believed to hold; and(3) the amount of arrearages owed under the child support order or the facts associatedwith the individual's failure to comply with:(A) a subpoena; or(B) the terms of a court order providing for the possession of or access to a child. SECTION 30. Section 234.010, Family Code, is amended to read as follows: Sec. 234.010. DIRECT DEPOSIT AND ELECTRONIC BENEFITS TRANSFER OFCHILD SUPPORT PAYMENTS. (a) The state disbursement unit authorized under thischapter may make a direct deposit of [traasmit] a child support payment to an obligee byelectronic funds transfer into [if the obligee maintains] an account with a financial institution maintained by the obligee. It is the responsibility of the obligee to notify the statedisbursement unit of-(1) the existence of an account;(2) the appropriate routing information for direct deposit by electronic funds transferinto an account; and(3) any modification to account information previously provided to the state disburse-mevt unit, including information that an account has been closed. (b) Except as provided by Subsection (d), the state disbursement unit shall deposit a childsnpport payment by electronic funds transfer into a debit card account established for theobligee 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 maintainedwith a financial institution; or(3) closes an account maintained with a financial institution previously used to acceptdirect deposit of a child support payment without establishing a new account andnotifying the state disbursement unit of the new account in accordance with Subsection (a) [The work group convened underv this subchapter may develop a plan to assist ;a obligec who does not have an account 1.th a financial institution to obtain an account]. (c) The Title IV-D agency shall:(1) issue a debit card to each obligee for whom a debit card account is established underSubsection (b); and(2) provide the obligee with instructions for activating and using the debit card [workgroup may detearmine whether it is fe'asible an1d otefciefor the state. to administer An electronic benefits transfer system for Child support obligees and m~ay 1-FRemmed implementation of such a system to the Ttle n? *61 Ch. 767, § 30 81st LEGISLATURE-REGULAR SESSION (c-1) Chapter 604, Business & Commerce Code, does not apply to a debit card issuedunder Subsection (c). (d) An obligee may decline in writing to receive child support payments by electronicfunds transfer into an account with a financial institution or a debit card account andrequest that payments be provided by paper warrants if the obligee alleges that receivingpayments by electronic funds transfer would impose a substantial hardship [After reeewngany rcmedtosby the work group under Subsection (e), the Title IV7 D agency or2 thevendo-r selected by the Title IV D agency to operate the State dis-bu-rsement unit may provide _for elec0-tronic benecfits tran4sfer, if the requcst for proposals issuaed by thia Title 1IV D agency and any contr;act resulting fromA the selec_,tion Of A vendor to provide the. Ser.40cs specified in the request for proposals provides for electron(44ic_ benefits tralnsfe].(e) A child support payment disbursed by the state disbursement unit by electronic fundstransfer into an account with a financial institution maintained by the obligee or into adebit card account established for the obligee under Subsection (b) is solely the property ofthe obligee [The work group may recomme.nd ad the Title D TT agency may establishprocedures to implement this section.] [(f The Title T D agency, after receing the recommendan of the work group, mayrequire an obligee to receive payments by direct deposit to the obligee's bank a.ccunt or byelecptronic benefits transfer to anP ac2ount estabhlishqed by the Title I T D agency or the, statedisbursement unit if the account is established at no cost to the obligee].SECTION 31. Section 34.001, Civil Practice and Remedies Code, is amended by addingSubsection (c) to read as follows: (c) This section does not apply to a judgment for child support under the Family Code. SECTION 32. Subsection (e), Section 501.014, Government Code, is amended to read as follows: (e) On notification by a court, the department shall withdraw from an inmate's account anyamount the inmate is ordered to pay by order of the court under this subsection. On receiptof a valid court order requiring an inmate to pay child support, the department shallwithdraw the appropriate amount from the inmate's account under this subsection, regard-less of whether the court order is provided by the court or another person. The departmentshall make a payment under this subsection as ordered by the court to either the court or theparty specified in the court order. The department is not liable for withdrawing or failing towithdraw money or making payments or failing to make payments under this subsection.The department shall make withdrawals and payments from an inmate's account under thissubsection according to the following schedule of priorities:(1) as payment in full for all orders for child support;(2) as payment in full for all orders for restitution;(3) as payment in full for all orders for reimbursement of the Health and [TexasDepa4~ei4-4] Human Services Commission for financial assistance provided for thechild's health needs under Chapter 31, Human Resources Code, to a child of the inmate;(4) as payment in full for all orders for court fees and costs;(5) as payment in full for all orders for fines; and(6) as payment in full for any other court order, judgment, or writ.SECTION 33. Section 12.0011, Property Code, is amended by adding Subsection (d) toread as follows: (d) This section does not apply to a child support lien notice issued by the Title IV-Dagency under Chapter 157, Family Code. For purposes of this subsection, "Title IV-D agency" has the meaning assigned by Section 101.033, Family Code. SECTION 34. Section 72.101, Property Code, is amended by adding Subsection (e) toread as follows: (e) This section does not apply to money collected as child support that:(1) is being held for disbursement by the state disbursement unit under Chapter 234,Family Code, or a local registry, as defined by Section 101.018, Family Code, pendingidentification and location of the person to whom the money is owed; or *62 81st LEGISLATURE-REGULAR SESSION Ch. 767, § 47 (2) has been disbursed by the state disbursement unit under Chapter 234, Family Code,by electronic funds transfer into a child support debit card account established for anindividtal under Section 234.010, Family Code, but not activated by the individual. SECTION 35. Subdivision (1), Subsection (a), Section 73.001, Property Code, is amendedto read as follows:(1) "Account" means funds deposited with a depository in an interest-bearing account, achecking or savings account, or a child support debit card account established underSection 234.010, Family Code, or funds received by a depository in exchange for thepurchase of a stored value card.SECTION 36. Subsection (c), Section 601.454, Transportation Code, is amended to readas follows:(c) Information obtained under this subchapter is confidential. The agent: (1) may use the information only for a purpose authorized under this subchapter; (2) [and] may not use the information for a commercial purpose; and(3) on request, and subject to appropriate safeguards to protect the privacy of motorvehicle owners developed by the implementing agencies and the attorney general, mayprovide the information to the attorney general for the purpose of enforcing child supportobligations. SECTION 37. Subsection (c), Section 154.130, Subsection (d), Section 154.182, and Section234.011, Family Code, are repealed.SECTION 38. Section 102.009, Family Code, as amended by this Act, applies to aproceeding under Chapter 233, Family Code, that is pending before the Title IV-D agency orinitiated by the Title IV-D agency on or after the effective date of that provision. SECTION 39. Section 102.011, Family Code, as amended by this Act, applies only to an acknowledgment of paternity signed on or after the effective date of that provision.SECTION 40. Sections 154.062 and 154.130, Family Code, as amended by this Act, applyonly to a suit affecting the parent-child relationship that is commenced on or after theeffective date of those provisions. A suit affecting the parent-child relationship commencedbefore the effective date of those provisions is governed by the law in effect on the date thesuit was commenced, and the former law is continued in effect for that purpose.SECTION 41. Sections 154.181, 154.182, 154.183, and 154.191, Family Code, as amendedby this Act, apply to a suit affecting the parent-child relationship pending in a trial court onor filed on or after the effective date of those provisions.SECTION 42. Section 154.187, Family Code, as amended by this Act, applies to an orderor notice received by an employer on or after the effective date of that provision. An orderor notice received by an employer before the effective date of that provision is governed bythe law in effect on the date the order or notice was received, and the former law is continuedin effect for that purpose.SECTION 43. Section 157.009, Family Code, as added by this Act, applies only to amoney judgment for child support arrearages that is rendered on or after the effective date ofthat provision. A money judgment for child support arrearages rendered before the effectivedate of that provision is governed by the law in effect on the date that the judgment wasrendered, and the former law is continued in effect for that purpose.SECTION 44. The change in law made by Subsection (e), Section 157.162, Family Code,as added by this Act, applies only to a motion for enforcement that is filed on or after theeffective date of this Act. A motion for enforcement filed before the effective date of this Actis governed by the law in effect immediately before that date, and the former law is continued *63 Ch. 767, § 47 81st LEGISLATURE-REGULAR SESSION those provisions. A hearing before an associate judge that commenced before the effectivedate of those provisions is governed by the law in effect on the date the hearing commenced,and the former law is continued in effect for that purpose.SECTION 48. The changes in law made by this Act to Section 231.202, Family Code, bythe amendment of Subdivision (4) and the enactment of Subdivision (7) of that section apply toa suit affecting the parent-child relationship pending in a trial court on or filed on or afterSeptember 1, 2009.SECTION 49. Section 232.005, Family Code, as amended by this Act, applies only to apetition filed on or after the effective date of that provision. A petition filed before theeffective date of that provision is governed by the law in effect on the date the petition wasfiled, and the former law is continued in effect for that purpose.SECTION 50. Section 34.001, Civil Practice and Remedies Code, as amended by this Act,applies to each judgment for child support under the Family Code, regardless of the date onwhich the judgment was rendered.SECTION 51. (a) Except as provided by Subsections (b) and (c) of this section:(1) this Act takes effect immediately if it receives a vote of two-thirds of all the memberselected to each house, as provided by Section 39, Article III, Texas Constitution; and(2) if this Act does not receive the vote necessary for immediate effect, this Act takeseffect September 1, 2009.(b) The change in law made by this Act to Section 157.268, Family Code, takes effectJanuary 1, 2010.(c) The changes in law made by this Act to Subsection (b), Section 154.182, and Sections158.203 and 231.202, Family Code, take effect September 1, 2009. Passed the Senate on April 23, 2009: Yeas 30, Nays 0; the Senate concurred in House amendments on May 28, 2009: Yeas 31, Nays 0; passed the House, with amend-ments, on May 21, 2009: Yeas 138, Nays 0, four present not voting.Approved June 19, 2009.Effective June 19, 2009, except as provided by §§ 51 (b), 51 (c). CHAPTER 768 S.B. No. 866 AN ACT relating to the rights and liabilities of the parties in a suit for dissolution of a marriage and certain post-dissolution proceedings. Be it enacted by the Legislature of the State of Texas: SECTION 1. Subsection (d), Section 3.007, Family Code, is amended to read as follows:(d) A spouse who is a participant in an employer-provided stock option plan or anemployer-provided restricted stock plan has a separate property interest in the options orrestricted stock granted to the spouse under the plan as follows:(1) if the option or stock was granted to the spouse before marriage but required continued employment during marriage before the grant could be exercised or therestriction removed, the spouse's separate property interest is equal to the fraction of theoption or restricted stock in which: (A) the numerator is the sum of-(i) the period from the date the option or stock was granted until the date ofmarriage; and (ii) if the option or stock also required continued employment following the date ofdissolution of the marriage before the grant could be exercised or the restriction *64 75th LEGISLATURE-REGULAR SESSION Ch. 607, § 1 of this Act. A member of the governing board of the Department of Information Resourceswho is serving on the board immediately before the effective date of this Act is governed forthe remainder of the member's current term by Sections 2054.021 and 2054.022, GovernmentCode, as those statutes existed immediately before the effective date of this Act, and the priorlaw is continued in effect for this purpose. (c) The three voting board positions with terms that expire February 1, 1999, are abolishedon that date. (d) On February 1, 1999, the first two-year terms on the board begin for the members ofthe nonvoting ex officio group composed of the executive director of the Texas Workers'Compensation Commission, the commissioner of health and human services, and the executivedirector of the Texas Department of Transportation. On February 1, 2001, those threemembers' first terms expire, and the first two-year terms on the board begin for themembers of the nonvoting ex officio group composed of the commissioner of education, theexecutive director of the Texas Department of Criminal Justice, and the executive director ofthe Parks and Wildlife Department. (e) In appointing voting members of the board to terms scheduled to begin February 1,2001, the governor shall appoint one voting member to the board for a term expiringFebruary 1, 2003, one voting member for a term expiring February 1, 2005, and one votingmember for a term expiring February 1, 2007. (f) In appointing voting members of the board to terms scheduled to begin February 1,2003, the governor shall appoint one voting member to the board for a term expiring February 1, 2005, one voting member for a term expiring February 1, 2007, and two votingmembers for terms expiring February 1, 2009.SECTION 23. This Act takes effect September 1, 1997.SECTION 24. The importance of this legislation and the crowded condition of thecalendars in both houses create an emergency and an imperative public necessity that theconstitutional rule requiring bills to be read on three several days in each house besuspended, and this rule is hereby suspended. Passed the Senate on April 11, 1997, by a viva-voce vote; the Senate concurred inHouse amendments on May 21, 1997, by a viva-voce vote; passed the House, withamendments, on May 8, 1997, by a non-record vote.Approved June 11, 1997. Effective September 1, 1997. CHAPTER 607 S.B. No. 426 AN ACTrelating to the revision of the Uniform Interstate Family Support Act to comply with federal law. Be it enacted by the Legislature of the State of Texas: SECTION 1. Subdivisions (7), (16), and (19), Section 159.101, Family Code, are amendedto read as follows:(7) "Initiating state" means a state from [in] which a proceeding is ]brfvarded or in which a proceeding isfiledforforvarding to a responding state under this chapter or a law o. procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement ofSupport Act, or the Revised Uniform Reciprocal Enforcement of Support Act [i filed CAI fom.arding to a responding statel. (16) "Responding state" means a state in [to] which a proceeding is filed or to which aproceeding is forwarded for filing from an initiating state under this chapter or a law orprocedure *66 Ch. 607, § 1 75th LEGISLATURE-REGULAR SESSION(19) "State" means a state of the United States, the District of Columbia, [the Commg- wealth -f] Puerto Rico, the United States Virgiu Islands, or any territory or insularpossession subject to the jurisdiction of the United States. The term includes: (A) an Indian tribe; and (B) a foreign jurisdiction that has enacted a law or established procedures for issuanceand enforcement of support orders that are substantially similar to the procedures underthis chapter, the Un iform Reciprocal Einforcement of Support Act, or the RevisedUniform Reciprocal Enforcement of Support Act. SECTION 2. Section 159.102, Family Code, is amended to read as follows:See. 159.102. TRIBUNAL OF [T-81 STATE. The court is the tribunal of this state.SECTION 3. Section 159.203, Family Code, is amended to read as follows:Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF [TIS1 STATE. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forwardproceedings to another state and as a responding tribunal for proceedings initiated in anotherstate.SECTION 4. Subsection (a), Section 159.205, Family Code, is amended to read as follows:(a) A tribunal of this state issuing a support order consistent with the law of this state hascontinuing, exclusive jurisdiction over a child support order: (1) as long as this state remains the residence of the obligor, the individual obligee, orthe child for whose benefit the support order is issued; or(2) until all of the parties who are individnals have leach individual1 party hasl filedwritten consents Jeonsentl with the tribunal of this state for a tribunal of another state tomodify the order and assume continuing, exclusive jurisdiction.SECTION 5. Section 159.207, Family Code, is amended to read as follows:See. 159.207. RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER [OR- DERSI. (a) If a proceeding is brought under this chapter and lone or more child supporto.d'~hwc been iassued in thi . o" -nother .°tae ,ith-v+9prd to an obligor and a child, a Wbunal-of thstte. hall appy .the -olo ng rules in determining ,,hie,-o'e to ,eeg.ize f., pu'PeJes o tinuing, exlusiv jurisdiction 1("4-il only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this chapter and two or more child support ordershave been issued by tribnmals of this state or another state with regard to the same obligorand child, a tribunal of this state shall apply the following rules in determining which orderto recognize for purposes of contin u ing, exclnsive.inrisdict ion: (1) [1,-(,l if ltwo or moro tribunals hAVc i, .ued Chil(' ..PPOr order fol- the Same obliger ad -hi-. ndI only one of the tribunals would have continuing, exclusive jurisdiction underthis chapter, the order of that tribunal controls and must be so recognized; (I2) 1(31 if Itwo o" more tribunals have issued child Support orders for the same obliger a... .hildan.d more than one of the tribunals would have continuing, exclusive jurisdictionunder this chapter, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current homestate of the child, the order most recently issued controls and must be so recognized; and (3) [()1 if [two o3" more tribunals hae isued child Support orders for thhe same obligor and- hi-'- aI.. none of the tribunals would have continuing, exclusive jurisdiction under thischapter, the tribunal of this state having. jurisdiction over the parties shall [mayl issue achild support order that controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor a d childand if the obligor or the individual obligee resides in this state, a party may request atribunal of this state to determine which order controls and must be so recognized underSubsection (b). The request must be accompanied by a certified copy qf every support orderin effect. The requesting party shall give notice of the request to each party whose rightsmay be ajffcted by the determination. *67 75th LEGISLATURE-REGULAR SESSION Ch. 607, § 8 (d) [(b)l The tribunal that issued the controlling [issues ;m] order [,reegized] underSubsection (a), (b), or (c) is the tribunal that has continuing, exclusive jurisdiction under Section 159.205. (e) A tribunal of this state that determines by order the identity of the controlling orderunder Subsection (b)(1) or (2) or that issues a new controlling order under Subsection (b)(3) shall state in that order the basis upon which the tribunal made its determination (0 Within 30 days after issuance of an order determining the identity of the controllingorder, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order andfails to file a certified copy is subject to appropriate sanctions by a tribunal in which theissue of.failure to file arises. The failure to file does not affect the validity or enforceabilityof the controlling order. SECTION 6. Section 159.301, Family Code, is amended to read as follows:See. 159.301. PROCEEDINGS UNDER ITIIS1 CHAPTER. (a) Except as otherwiseprovided in this chapter, this subchapter applies to all proceedings under this chapter.(b) This chapter provides for the following proceedings:(1) establishment of an order for spousal support or child support pursuant to [1nderSection 159.401;(2) enforcement of a support order and income-withholding order of another statewithout registration pursuant to Sections 159.501 through 159.507 [under Subchaptr F];(3) registration of an order for spousal support or child support of another state for enforcement pursuant to Sections 159.601 through 159.608 [under Subha r ]; (4) modification of an order for child support or spousal support issued by a tribunal ofthis state prsuant to junde I Sections 159.203 through [-1159.205;(5) registration of an order for child support of another state for modification pursuantto Sections 159.609 through 159.614 [unde-Sub- hpte-G]; (6) determination of parentage pursuant to Section 159.701 [under Subchaptcr H]; an](7) assertion of jurisdiction over nonresidents pursuant to [und I] Sections 159.201 and159.202.(c) An individual or a support enforcement agency may commence a proceeding authorizedunder this chapter by filing a petition in an initiating tribunai for forwarding to a respondingtribunal or by filing a petition or a comparable pleading directly in a tribunal of another statethat has or that can obtain personal jurisdiction over the respondent.SECTION 7. Section 159.303, Family Code, is amended to read as follows:See. 159.303. APPLICATION OF LAW OF [THIS] STATE. Except as otherwiseprovided in this chapter, a responding tribunal of this state shall:(1) apply the procedural and substantive law, including the rules on choice of law,generally applicable to similar proceedings originating in this state and may exercise allpowers and provide all remedies available in those proceedings; and(2) determine the duty of support and the amount payable in accordance with the lawand support guidelines of this state.SECTION 8. Section 159.304, Family Code, is amended to read as follows: See. 159.304. DUTIES OF INITIATING TRIBUNAL. (a) On the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward three copies of thepetition and its accompanying documents:(1) to the responding tribunal or appropriate support enforcement agency in the re-sponding state; or(2) if the identity of the responding tribunal is unknown, to the state information agencyof the responding state with a request that they be forwarded to the appropriate tribunaland that receipt be acknowledged. (b) If a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to that Act, a tribunal of this state may issue a *68 Ch. 607, § 8 75th LEGISLATURE-REGULAR SESSION certificate or other docu ment and make findings required by the law of the responding state.If the responding state is a foreign jurisdiction, the tribunal may specify the amoulnt ofsitpport sought and provide othee documents necessary to satisfy the requirements of theresponding state. SECTION 9. Subsections (a), (b), and (e), Section 159.305, Family Code, are amended toread as follows:(a) When a responding tribunal of this state receives a petition or comparable pleadingfrom an initiating tribunal or directly under Section 159.801(c), the responding tribunal shallcause the petition or pleading to be filed and notify the petitioner [by first Glass mi] whereand when it was filed. (b) A responding tribunal of this state, to the extent otherwise authorized by law, may doone or more of the following:(1) issue or enforce a support order, modify a child support order, or render a judgmentto determine parentage;(2) order an obligor to comply with a support order and specify the amount and themanner of compliance; (3) order income withholding;(4) determine the amount of any arrearages and specify a method of payment;(5) enforce orders by civil or criminal contempt, or both; (6) set aside property for satisfaction of the support order; (7) place liens and order execution on the obligor's property[, provided, however, a- Wenunder thi, subdivision may not a. or att-ch to real property until reco-ded in -theal-popert, r.cors of theounty w"here the real property of the obligor is located and shall hesubodinte o te rght ofprir bns idopurchasers and lienholders on the realpropeiyl; (8) order an obligor to keep the tribunal informed of the obligor's current residentialaddress, telephone number, employer, address of employment, and telephone number atthe place of employment;(9) issue a bench warrant or capias for an obligor who has failed after proper notice toappear at a hearing ordered by the tribunal and enter the bench warrant or capias in anylocal and state computer systems for criminal warrants;(10) order the obligor to seek appropriate employment by specified methods;(11) award reasonable attorney's fees and other fees and costs; and(12) grant any other available remedy.(e) If a responding tribunal of this state issues an order under this chapter, the tribunalshall send a copy of the order [by-firt -eass mai!] to the petitioner and the respondent and tothe initiating tribunal, if any.SECTION 10. Section 159.306, Family Code, is amended to read as follows:Sec. 159.306. INAPPROPRIATE TRIBUNAL. If a petition or comparable pleading isreceived by an inappropriate tribunal of this state, that tribunal shall forward the pleadingand accompanying documents to an appropriate tribunal in this state or another state andnotify the petitioner [by firs't .eass.ma l where and when the pleading was sent. SECTION 11. Subsection (b), Section 159.307, Family Code, is amended to read as *69 75th LEGISLATURE-REGULAR SESSION Ch. 607, § 13 (4) not later than the second day, excluding Saturdays, Sundays, and legal holidays, afterthe date of receipt of a written notice from an initiating, responding, or registering tribunal,send a copy of the notice [by first elasa afl] to the petitioner; (5) not later than the second day, excluding Saturdays, Sundays, and legal holidays, afterthe date of receipt of a written communication from the respondent or the respondent'sattorney, send a copy of the communication [by firt elass mal] to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained.SECTION 12. Subsections (a) and (c), Section 159.313, Family Code, are amended to readas follows:(a) The petitioner may not be required to pay [An initiating court may require p..nt o " either] a filing fee or other costs [from the oblige@ and may request the responding court to collect feesr and costsS from the obligor. The clerk of the responding court may requirpa~ent of a filing fee or other costes from theobligeel. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if itdetermines that a hearing was requested primarily for delay. In a proceeding pursuant toSections 159.601 through 159.608 [under Subehap G], a hearing is presumed to have beenrequested primarily for delay if a registered support order is confirmed or enforced without change. SECTION 13. Subchapter F, Chapter 159, Family Code, is amended to read as follows:SUBCHAPTER F. [D]REGI ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATIONSec. 159.501. EMPLOYER'S RECEIPT [RECOGNITIONI OF INCOME-WITHHOLD- ING ORDER OF ANOTHER STATE. [()] An income-withholding order issued in anotherstate may be sent [by fi-r s t ass ail] to the obligor's employer under Chapter 158 withoutfirst filing a petition or comparable pleading or registering the order with a tribunal of thisstate. Sec. 159.502. EMPLOYER'S COMPLIANCE WITH INCOME-WITHHOLDING OR-DER OF ANOTHER STATE. (a) On receipt of an income-withholdivg [the] order, the obligor's employer shall immediately provide a copy of the order to the obligor.(b) The employer shall[; [(1-] treat an income-withholding order issued in another state that appears regular on itsface as if the order had been issued by a tribunal of this state. (c) Except as otherwise provided in Subsection (d) and Section. 159.503, the employer shall withhold and[i [(2) immediately prolde a copy of the order to the obligor; an[(3)] distribute the funds as directed in the withholding order by complying with terms ofthe order that specify:(1) the duration and amount of periodic payments of current child support, stated as asum certain; (2) the person or agency designated to receive payments and the address to which thepayments are to be forwarded (3) medical support, whether in the form of periodic cash payments, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under apolicy available through the obligor's employment; (4) the amount of periodic payments of fees and costs for a support enforcement agency,the issuing tribunal, and the obligee's attorney, stated as sums certain; and -(5) the amount of periodic payments of arrearages and interest on arrearages, stated assums certain.(d) An employer shall comply with the law of the state of the obligor's principal place ofemployment for withholding from income with respect to:(1) the employer's fee for processing an income-withholding order *70 Ch. 607, § 13 75th LEGISLATURE-REGULAR SESSION (2) the maxiinnin amount permitted to be withheld froin the obligor's income; and(3) the times within which the employer muest implement the withholding order and Jbrward the child support payment. See. 159.503. COMPLIANCE WITH MULTIPLE INCOME-WITHHOLDING ORDERS.If an obligor's employer receives mnltiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment toestablish the priorities for withholding and allocating income withheld fbr multiple childsupport obligees. Sec. 159.504. IMMUNITY FROM CIVIL LIABILITY. An employer who complies with an income-withholding order issued in another state in accordance with this subchapter isnot subject to civil liability to an individual or agency with regard to the employer'swithholding of child snpport fiom the obligor's income. Sec. 159.505. PENALTIES FOR NONCOMPLIANCE. An employer who wilfully failsto comply with an income-withholding order issued by another state and received forenforcempnt is subject to the same penalties that may be inposed for noncompliance with anorder issued by a tribunal of this state. Sec. 159.506. CONTEST BY OBLIGOR. (a) [()1 An obligor may contest the validity orenforcement of an income-withholding order issued in another state and received directly byan employer in this state in the same manner as if the order had been issued by a tribunal ofthis state. Section 159.604 applies to the contest. (b) The obligor shall give notice of the contest to: (1) a [anyl support enforcement agency providing services to the obligee; (2) each employer that has directly received an income-withholding order, and [to;] (3) -1.(4 the person or agency designated to receive payments in the income-withholding orderil or to 1(04] the obligee, if no person or agency is designated. Se. 159.507 lSee 159.502). ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a)A party seeking to enforce a support order or an income-withholding order, or both, issued bya tribunal of another state may send the documents required for registering the order to asupport enforcement agency of this state. (b) On receipt of the documents, the support enforcement agency, without initially seekingto register the order, shall consider and, if appropriate, use any administrative procedureauthorized by the law of this state to enforce a support order or an income-withholding order,or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order,the support enforcement agency shall register the order under this chapter.SECTION 14. Subsection (a), Section 159.604, Family Code, is amended to read asfollows:(a) The law of the issuing state governs the nature, extent, amount, and duration of currentpayments and other obligations of support and the payment of arrearages under the order[only if a Party provides the Court having jur4iain over an -Action in this :tate a certife copy of the applicable law of the stwate. Othei1.e, the law of this state applies]. SECTION 15. Subsections (a) and (b), Section 159.605, Family Code, are amended to read as follows:(a) When a support order or income-withholding order issued in another state is regis-tered, the registering tribunal shall notify the nonregistering party. I Notice mut he g.ven byfirst class, certified, . registered mail . by any means of personl. --- i -- athorized by thelaw Of thig SWMte. The notice must be accompanied by a copy of the registered order and thedocuments and relevant information accompanying the order.(b) The notice must inform the nonregistering party:(1) that a registered order is enforceable as of the date of registration in the samemanner as an order issued by a tribunal of this state; *71 75th LEGISLATURE-REGULAR SESSION Ch. 607, § 18 (2) that a hearing to contest the validity or enforcement of the registered order must berequested within 20 days [not later than the 20th day] after [the date the] notice [wasmailed 01 personally Served]; (3) that failure to contest the validity or enforcement of the registered order in a timelymanner: (A) will result in confirmation of the order and enforcement of the order and thealleged arrearages; and(B) precludes further contest of that order with respect to any matter that could havebeen asserted; and(4) of the amount of any alleged arrearages.SECTION 16. Subsections (a) and (c), Section 159.606, Family Code, are amended to readas follows:(a) A nonregistering party seeking to contest the validity or enforcement of a registeredorder in this state shall [mu4l request a hearing within 20 days [net later than the 2Oth dayafter [th e date thel notice of the registration [:wa mailed or personally ser.ed]. Thenonregistering party may seek under Section 159.607 to: (1) vacate the registration;(2) assert any defense to an allegation of noncompliance with the registered order; or (3) contest the remedies being sought or the amount of any alleged arrearages. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and givenotice to the parties [by first cl mail] of the date, time, and place of the hearing.SECTION 17. Subsections (a) and (c), Section 159.611, Family Code, are amended to readas follows:(a) After a child support order issued in another state has been registered in this state, theresponding tribunal of this state may modify the order only if Section 159.613 does not applyand[,] after notice and hearing[,I the tribunal finds that: (1) the following requirements are met: (A) the child, the individual obligee, and the obligor do not reside in the issuing state;(B) a petitioner who is a nonresident of this state seeks modification; and (C) the respondent is subject to the personal jurisdiction of the tribunal of this state; 0I' (2) [anndviJdlual--paigy-orl the child, or a party who is an individual, is subject to thepersonal jurisdiction of the tribunal of this state and all of the [i]di4dalI parties who areindividuals have filed in the issuing tribunal Ia] written consents for [conseat that providesthat] a tribunal of this state to [mayl modify the support order and assume continuing,exclusive jurisdiction over the order, however, for the purposes of this subdivision, if the issuing state is a foreign jurisdiction that has not enacted a law or established proceduressubstantially similar to the procedures 'under this chapter, the consent otherwise requiredof an individual residing in this state is not required .for the tribunal to assume jurisdiction to modify the child support order. (c) A tribunal of this state may not modify any aspect of a child support order that may notbe modified under the law of the issuing state. If two or more tribunals have issued child support orders for the sane obligor and child, the order that controls and must be sorecognized under Section 159.207 establishes the aspects of the support order that aren on)nodifiable. SECTION 18. Subchapter G, Chapter 159, Family Code, is amended by adding Sections159.613 and 159.614 to read as follows: Sec, 159.613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTH-ER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE. (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuingstate, a tribunal of this state has jurisdiction to enforce and to modif/l the issuinlg state'schild support orxler in a proceeding to register that order. *72 Ch. 607, § 18 75th LEGISLATURE-REGULAR SESSION (b) A tribunal of this state exercising jurisdiction under this section shall apply theprovisions of Sections 159.101 through 159.209 and 159.601 through 159.614 and the proce-dural and substantive law of this state to the proceeding for enforcement or modification.Sections 159.301 through 159.507 and 159.701 through 159.802 do not apply.Sec. 159.614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. Within 30 days after issuance of a modified child support order; the party obtaining the modificationshall file a certifi. i copy of the order with the issuing tribunal that had continuing, exclusivejurisdiction over ne earlier order and in each tribunal in which the party knows the earlierorder has been registered. A party who obtains the order and fails to file a certified copy issubject to appropriate sanctions by a tribunal in, which the issue of failure to file arises.The failure to file does not qffect the validity or enforceability of the modified order of thenew tribunal having continuing, exclusive jurisdiction. SECTION 19. This Act takes effect September 1, 1997, and applies only to an order,decree, or judgment entered on or after that date.SECTION 20. The importance of this legislation and the crowded condition of thecalendars in both houses create an emergency and an imperative public necessity that theconstitutional rule requiring bills to be read on three several days in each house besuspended, and this rule is hereby suspended. Passed the Senate on March 13, 1997: Yeas 31, Nays 0; passed the House on May 20, 1997, by a non-record vote.Approved June 11, 1997. Effective September 1, 1997. CHAPTER 608 S.B. No. 467 AN ACT relating to prohibiting a peace officer or attorney representing the state from requiring that certaincomplainants submit to polygraph examinations. Be it enacted by the Legislature of the State of Texas: SECTION 1. Article 15.051, Code of Criminal Procedure, is amended to read as follows:Art. 15.051. REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT PRO-HIBITED. (a) A peace officer or an attorney representing the state may not require apolygraph examination of a person who charges or seeks to charge in a complaint thecommission of an offense under Section 21.11, 22.011, 22.021, or 25.02, Penal Code.(b) If a peace officer or an attorney representing the state requests a polygraph examina-tion of a person who charges or seeks to charge in a complaint the commission of an offenselisted in Subsection (a), the officer or attorney must inform the complainant that theexamination is not required and that a complaint may not be dismissed solely:(1) because a complainant did not take a polygraph examination; or(2) on the basis of the results of a polygraph examination taken by the complainant.(c) A peace officer or an [An] attorney representing the state may not take a polygraphexamination of a person who charges or seeks to charge the commission of an offense listed inSubsection (a) unless the officer or

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