Case Information
*1 The Attorney General of Texas December 13, 1984 AATrOX ,
,mey Qenerrl Ronorablc Hike Driscoll opinion no. 311-247 Rarria County Attorne]r UC: Whether rcspoaaibility for 1001 Preston, Sulto 634 .- .- --___ 77ln.u the Ratrio County Child Support
Rouaton. Texaa
Division may be tranaferred from the Juvenile Board to the Domestic Relations Office Dear Mr. Driscoll: that the Earris Probation
You inform us Department has ‘cstabllshed s Child Support Division. It Is our ’ 41bwl* AW.. eune lso understanding tho Rarris County Juvenile Board has dealgnated w.lx. 7ow&2703
chief ,juvenile to receive child support payments Harris County pursuant to section 10(a) of article 5139W, V.T.C.S. t*xrs, SUllO no In that kegard. you ask:
mton. lx. 77002-3111 r223sem Is the Child Support Dlviaion, ss la nov 1. it
attached to the Rarris County Juvenile Probation Department II ‘child collection specifically by statute’ [within meaning section 7(a) S142a-1. V.T.C.S.]?
JO N. Tenth, SuIta I) .dm. lx 78m.16% 2. You’ll the collissioners court be allowed 'W4S4? transfer -‘r~t:~ponsibllity the Child Support
Division .from the Juvenile Board to the Domestic 4ah-l Plua. tmt* 400 Relations Office [established pursuant &ntonlo. lx ?32052?0? 2338-le. ‘V.rX.S.]?
The Harris County Coamisaioners Court has only the powers conferred or by necessary either expressly implication ‘by constitution and statutea of thia atate. See Tex. Conat. art. 0. 518; Cannales’v.%aughlio, 214 S.Y.2d 4S1, 4537%. 1948). We begin with a the *orking ssumptloo the tollaction support payments
ln Rarris County uy arguably be governed by articlea 5139W, 5142a-1, and/or 2338-le. V.T.CI.S. We vi11 analyze there statutes to determine vhich:ones actually e,overn this matter. your Thus, the ansvera questions will depeo,d upon which of these statutes authorizes collection of child rupport payments In Rerris County.
.
. . (m-247)
Honorable Hike Driacoll - Page (a) A domestic relations office
See. 2. under Ssclios 1 of this article may be established l dainiatered by the Jwrenile bosrd of a county or srea or athsnise ulticounty as provided by the comissioners
(b) Any domestic wlatlons office currently existence by statute or trsdition and vhich has of and governed by a been under the conrrol tradition shall juvenile board by Matute or operate under the current continue admialstra- tion as established b:r such statute or tradltion. . . .
Sec. 7. (a) This article does not apply to a county in which achir5 support collection service is epeciflcally estabzlshed by statute. of
(b) This arti&! cumulaiive other statutes relsting juvenile boirds and child support collection offices.
(c) Another statut:e relating funds for the operation of a child support office and providing for an additional :!S.ling fee in excess of $5 this Act prevails over the extent the other ststute collflicts with the UXbN edditional filing fee provided this Act.
@@hasis added). frnr Id. This statute excepts its application counties “in Which a child support collect:ltm service speclficelly
by statute. . . .” V.T.C.S. art. 5142a-1. 17(a). As indicated above, Board of Harris County the legislature has establishal the Juvenile with the duty to “direct vhel:her . . . the chief of wives shall receive paymwtr support and
children. . . .” See V.T.C.S, art. 5139W. 55(f). In Accordingly, response.. your.. firbt question , YC conclude the Child Support Divlalon’; of the Rarria Probation Department l stabliahed,pursuant l rticl.e! 5139W. V.T.C.S.. is “child aupport collection service : . . spec~lfieally astabliahed by atatute” vithin the meaning mection 7(a) af article 3142a-1, V.T.C.S. The Rarria Coucty Cocmissioners Court may atablfah s child collection only pursuant 5139W. V.T.C.S.’
In regard to your second question , the general rule ia that vhen legislsturs impoaee upon an officer or govermental board performance certain acts as part an official duty, *3 Honorable Iiike Driscoll - Page 2 (247) I?robation Department vas stabliehed
The Harris County Juvenile in 1965 slong vith the Harris County Juvenile Board by the Texaa Legislature. See V.T.C.S. art. 5139W, 111, 11. Section 10(a) of 5139Wzs amended in 10’15. provides the Juvenile Board has the pover -- independently of! the comlssioners court and at its -- to direct the chief to receive option officer child support payments. The only other person the Juvenile Board may authorize under the act to rweive child support payment the See V.T.C.S. art. 5139W. 610(b). dlatrict clerk. -
Section 1 of article 2338-1s. V.T.C.S., provides: In counties having a population
Section 1. 2.000,000, aa shown by the last excess States Census, count preceding United a commissioners court -pay create domestiz relations office to pwvide services to eetablish and enforce court orders providing for the support to a child, and/or visitation right,s to establish of child, paternity or legitimation aod to provide informational services to assist parties la understanding, affected cour’i order a complying vith, and enforcing the duties and obligations in the court order pertaining child support and rights visitation. Upon such said designated county office shall be creation, directly responsible the commissioners
The chief admlnistratA,ve of the designated county office so created shell be appointed by a majority vote of the comissioners court of
county. (Emphasis adclad). bracket of Harris County falla within the: 2.000,OOO population He conclude the dominant purpose of article 2338-le statute.
to authorize the Earrls Count:j Coomissioners Court to establish a Domestic Relations Office to act: as a legal sgency to provide legal servicas necessary assist those persone having s legal right to child snd/or vlsital:l.on privileges. The statute does not authorize the comissioners cod’rt establish a Domestic Relations Office function as a collection receive and/or distribute support paymews.
A county co~isaloners court io also authorized to establish a Domestic Relations Office pursu,uit S142a-1, V.T.C.S., which providea:
Section 1. The comnis~ioners court a county may establish a domestic relstions vith office
p&err and duties as provided in this article.
Honorable Mike Drieeoll - Page 4 (JR-247)
colaissioners Court 1s vithout authority to trsnsfer the performance of that official dutv any ot’hdr person or body thao that named in law. See Aldrich v. Dalias C,ti, 167 S.W.Zd 560 (Tex. Civ. App. - Dallas 1922, vrit dlrr~~‘arro v. Tullos, 237 S.W. County 1921: vrit You ask whether ths (Tex. Civ. APP. - Dallas ref’d). transfer
Rarris County C~issioners ‘Court is bthorized to responsibility the Child Sllpport Division the Harris County Probation Department vhich was created pursuant to article 3139W, the Domestic Relations Office V.T.C.S., established pursuant to the Domeatic As previously stated, article 2338-18. V.T.C.S. Relations Office, which is directly responsible to the commissioners has the duty of providing legal services necessary ensure a party’s right to child :support and/or visitation privileges.
On the contrary. the Child Support Division the Harris County Probation Departmeot is administered by the chief
officer. but is responsible the Harris County Juvenile Board. it See Harris County v. Schoenbschew, 594 S.W.Zd 106 (Tex. Clv. App. - Rouston [let Dirt.] 1979, writ re:f’d n.r.e.). not
Accordingly, the Barris (County Comissioners Court authorized to ignore the duties imposed on the Aarris County Juvenile Board to provide suppol:t: collection and transfer performance function to the Domestic Relations Office. S II ti I4 A R Y
-- The Child Support Iklvision of the Harris Probation Department vas specifically established article s139w. V.T.C.S.; accordingly, !ilbZa-1. V.T.C.S., does not govern the collection of child support payments Hsrris ‘County. Additionally, the Rarrls County vithout authority CoPnissioners Court
transfer the Child Support Division from Juvenile Board the Domestic Relations Office pursuant 2338-le. V.T.C.S.
Attorney General of Texas TOM GREEN
First Assistant Attorney Genercll
‘J. 1108
Honorable Hike Drircoll - Pap* 5 (a-247)
DAVID R. RICRARDR
Executive Aeoirtant Attorney Gen.eral
RICK CILPIN
chairman, oplnloa comitte*
Prepared by Tony Culllory
Aaei8tant Attorney General
APPROVD:
OPINION COMHITTSE
Rick Gilpin, Cbairmsn
Colin Carl
Susan Garrlron
Tony Guillory
Jim Hoellingcr
Jennifer Rig@
Nancy Sutton