March 22 issue (all sections) - Texas Secretary of State

TITLE 1. ADMINISTRATION
PART 3. OFFICE OF THE ATTORNEY
GENERAL
CHAPTER 55. CHILD SUPPORT
ENFORCEMENT
SUBCHAPTER D. FORMS FOR CHILD
SUPPORT ENFORCEMENT
1 TAC §55.121
The Office of the Attorney General, Child Support Division, proposes
new §55.121 regarding the promulgation of the Record
of Support form pursuant to Texas Family Code §105.008. New
§55.121 concerns Record of Support and will be included in Subchapter
D, Forms for Child Support Enforcement. This new form
is completed by the clerk of the court to provide a record of a
support order for the state case registry when an order has been
entered and the clerk has not provided the information on the
Attorney General Child Support Web Portal.
Alicia G. Key, Deputy Attorney General for the Child Support
Division, has determined that for the first five-year period the
section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the
section.
Ms. Key has also determined that for each year of the first five
years the section is in effect the public benefit anticipated as a
result of enforcing the section is an accurate and complete state
case registry. There will not be an effect on small businesses.
There is no anticipated economic cost to persons who are required
to comply with the section as proposed.
Written comments on the proposed section should be submitted
to John O'Connell, Deputy Director, Legal Counsel Division,
Child Support Division, Office of the Attorney General, (physical
address) 5500 East Oltorf, Austin, Texas 78741 or (mailing
address) P.O. Box 12017, Mail Code 044, Austin, Texas
78711-2017. Comments on this proposed section must be submitted
no later than 30 days from the date of this publication.
The proposed section is authorized under Texas Family Code
§105.008, which provides the Office of the Attorney General with
the authority to develop a form for the clerk of court to provide the
state case registry with a record of court orders for child support.
The proposed new section implements Chapter 105 of the Texas
Family Code.
No other code, article or statute is affected by this proposal.
§55.121. Record of Support.
The prescribed form for the Record of Support (Form 1828) for the
state case registry can be obtained from the Texas Attorney General's
Child Support Division webpage www.texasattorneygeneral.gov under
Child Support, Forms. The clerk of the court may provide the state case
registry with a record of a court order for child support by either completing
this form or providing the information on the Attorney General
Child Support Web Portal.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March 4, 2013.
TRD-201300959
Katherine Cary
General Counsel
Office of the Attorney General
Earliest possible date of adoption: April 21, 2013
For further information, please call: (512) 936-1180
♦ ♦ ♦
SUBCHAPTER H. LICENSE SUSPENSION
1 TAC §55.203
The Office of the Attorney General, Child Support Division,
proposes amendments to Subchapter H, License Suspension,
§55.203, Forms, regarding the forms for license suspension
pursuant to Texas Family Code §232.005. The proposed
amendments amend the forms for "Petition to Suspend License,"
"Request for Hearing," "Notification to Licensing Authority of
Order Suspending License," "Notification to Licensing Authority
of Order Vacating or Staying Order Suspending License" and
"Suggested model forms for use by the Courts". Texas Family
Code §232.005 only requires the petitioner to allege the name
of the licensing authority that issued a license the individual
is believed to hold. Further, pursuant to Texas Family Code
§232.011(i), although the contents of the petition may identify a
single type of license issued by a licensing authority, the effect
of a final order is the suspension of any type of license issued
by the licensing authority that may be available to the delinquent
obligor.
Alicia G. Key, Deputy Attorney General for the Child Support
Division, has determined that for the first five-year period the
section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the
amended section.
Ms. Key has also determined that for each year of the first five
years the section is in effect the public benefit anticipated as a
result of enforcing the amended section will be that licensing authorities
listed in the petition and subject to an order suspend-
PROPOSED RULES March 22, 2013 38 TexReg 1943