Part III.
Office of the Attorney General
Chapter 55.
Child Support Enforcement
The Office of the Attorney General, Child Support Division, proposes
the repeal of §§55.111- 55.114, 55.116-55.118 and simultaneously
proposes new §§55.111, 55.112, 55.116-55.118 concerning child
support. The proposed repeals are necessary due to the federal requirement
to use one mandated form. The new sections will replace the current forms.
Section 55.111, Notice of Application For Judicial Writ of Withholding
replaces Notice of Delinquency.
The Notice of Application for Judicial Writ of Withholding may be used
in IV-D or non-IV-D cases, if there is a delinquency equal to one month's
support or income withholding was not previously ordered.
Section 55.112, Motion to Stay, replaces Motion to Stay Issuance and Delivery
of Writ of Income Withholding.
The Motion to Stay is filed by the child support obligor, and prohibits
the clerk of the court from delivering the judicial writ of withholding to
any employer of the obligor before a hearing is held.
Section 55.113,Writ of Income Withholding (to Employer) and To Request
Issuance of Writ of Income Withholding forms are deleted.
The functions of these forms have been included in §55.118, Order/Notice
to Withhold Income for Child Support.
Section 55.114, Revised Writ of Withholding and the Request for Issuance
of Revised Writ of Income Withholding forms are deleted.
The functions of these forms have been included in §55.116, Order/Notice
to Withhold Income for Child Support (Administrative Writ of Withholding)
and §55.118, Order/Notice to Withhold Income for Child Support.
Section 55.116, Notice of Administrative Writ of Withholding and the Order/Notice
to Withhold Income for Child Support replaces Motion and Affidavit to Withdraw
Writ of Income Withholding.
These forms are used by the Title IV-D agency for administrative withholding.
Section 55.117, Request for Issuance of Order replaces Notice to Terminate
Writ of Income Withholding and Request for Issuance of Notice to Terminate
Writ of Income Withholding.
This form is used to request issuance of the Order/Notice to Withhold Income
for Child Support.
Section 55.118, Order/Notice to Withhold Income for Child Support replaces
Employer's Order To Withhold Earnings for Child Support, Request for Issuance
of Order, Writ of Income Withholding (to Employer), and To Request Issuance
of Writ of Income Withholding.
This document is federally mandated for use in IV-D and non IV-D cases
and may be used as a judicial withholding document, an original withholding
document, amended withholding document, or to terminate withholding.
Howard G. Baldwin, Deputy Attorney General for Child Support, has determined
that for the first five years these sections as proposed are in effect, there
will be no fiscal implications for state or local government as a result of
any replacement in these sections.
Mr. Baldwin has also determined that each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
replacing or deleting these forms is more standardized and efficient income
withholding. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with these sections as
proposed.
Comments may be submitted to Kathy Shafer, Child Support Division, General
Counsel Section, Office of the Attorney General, (physical address) 5500 East
Oltorf, Austin, Texas 78741, or (mailing address) P.O. Box 12017, mail code
039, Austin, Texas, 78722-2017.
Subchapter D. Forms for Child Support Enforcement
1 TAC §§55.111-55.114, 55.116-55.118
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Office of the Attorney General or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Family Code,
Chapter 158, pursuant to the September 1, 1997, statutory changes.
The Texas Family Code is affected by 42 USC 652(a)(11), and 42 USC 654(9)(E).
§55.111. Form for Notice of Delinquency.
§55.112. Form for Motion to Stay Issuance and Delivery of Writ of Income Withholding.
§55.113. Forms for Writ of Income Withholding (to Employer) and To Request Issuance of Writ of Income Withholding.
§55.114. Forms for Revised Writ of Income Withholding and for Request for Issuance of Revised Writ of Income Withholding.
§55.116. Form for Motion and Affidavit To Withdraw Writ of Income Withholding.
§55.117. Forms for Notice To Terminate Writ of Income Withholding and for Request for Issuance of Notice To Terminate Writ of Income Withholding.
§55.118. Forms for Employer's Order To Withhold Earnings for Child Support and for Request for Issuance of Order.
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
July 2, 1999.
TRD-9903950
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: August 15, 1999
For further information, please call: (512) 463-2110
1 TAC §§55.111, 55.112, 55.116, 55.117, 55.118
The new sections are proposed under the Texas Family Code,
Chapter 158, pursuant to the September 1, 1999, statutory changes.
The Texas Family Code is affected by 42 USC 652(a)(11), and 42 USC 654(9)(E).
§55.111. Notice of Application For Judicial Writ of Withholding.
The following form is to be used in IV-D or non-IV-D cases, if there
is a delinquency equal to one month's support or income withholding was not
previously ordered.
Figure: 1 TAC §55.111
§55.112. Motion To Stay.
This form is filed by the child support obligor, and prohibits the
clerk of the court from delivering the judicial writ of withholding to any
employer of the obligor before a hearing is held.
Figure: 1 TAC §55.112
§55.116. Notice of Administrative Writ of Withholding and the Order/Notice to Withhold Income for Child Support.
(a)
This form is sent to the obligor by the Title IV-D agency,
informing the obligor that withholding has commenced and providing procedures
for contesting the withholding.
Figure: 1 TAC §55.116(a)
(b)
This form is issued by the Title IV-D agency to initiate
withholding for the enforcement of an existing order.
Figure: 1 TAC §55.116(b)
§55.117. Request for Issuance of Order.
This form is used to request issuance of the Order/Notice to Withhold
Income for Child Support.
Figure: 1 TAC §55.117
§55.118. Order/Notice to Withholding Income for Child Support.
This form is federally mandated for use in IV-D and non IV-D cases
and may be used as a judicial withholding document, an original withholding
document, amended withholding document, or to terminate withholding.
Figure: 1 TAC §55.118
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
July 2, 1999.
TRD-9903949
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Earliest possible date of adoption: August 15, 1999
For further information, please call: (512) 463-2110
Chapter 71.
Office of the Secretary of State
Subchapter C. Purchasing Procedures
1 TAC §71.61
The Office of the Secretary of State proposes new §71.61,
concerning procedures for Vendor Protests. The new rule establishes protest
procedures consistent with those of the General Services Commission.
Mary Jon Urban, Purchasing Manager, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Ms. Urban also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated will be to clarify the
procedures for formal protest by a vendor and dispute resolution. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Mary Jon Urban, Office of
the Secretary of State, Purchasing, P.O. Box 12887, Austin, Texas 78711 or
by e-mail to mjurban@sos.state.tx.us.
The new rule is proposed under the authority of Texas Government
Code, Chapter 2155, §2155.132.
Government Code, Chapter 2155, §2155.132 affects this proposal.
§71.61. Protests/Dispute Resolution.
(a)
Any actual or prospective bidder, offeror, or contractor
alleging to have been aggrieved in connection with the solicitation, evaluation,
or award of a contract may formally protest to the Deputy Assistant Secretary
for Administrative Services (the Deputy). Such protests must be in writing
and received in the Deputy's office within 10 working days after the protesting
party knows, or should have known, of the occurrence of the action which is
protested. Formal protests must conform to the requirements of this subsection
and subsection (c) of this section, and shall be resolved in accordance with
the procedure set forth in subsections (d) and (e) of this section. Copies
of the protest must be mailed or delivered by the protesting party to the
agency and other interested parties. For the purposes of this section, "interested
parties" means all vendors who have submitted bids or proposals for the contract
involved.
(b)
In the event of a timely protest or appeal under this
section, the Secretary of State's office shall not proceed further with the
solicitation or with the award of the contract unless the Deputy makes a written
determination that the award of contract without delay is necessary to protect
substantial interests of the state.
(c)
A formal protest must be sworn and contain:
(1)
a specific identification of the statutory or regulatory
provision(s) that the action complained of is alleged to have violated;
(2)
a specific description of each act alleged to have
violated the statutory or regulatory provision(s) identified in paragraph
(1) of this subsection;
(3)
a precise statement of the relevant facts;
(4)
an identification of the issue or issues to be resolved;
(5)
argument and authorities in support of the protest;
and
(6)
a statement that copies of the protest have been
mailed to identifiable interested parties.
(d)
The Deputy shall have the authority, prior to appeal to
the Secretary of State, to settle and resolve the dispute concerning the solicitation
or award of a contract. The Deputy may solicit written responses to the protest
from other interested parties.
(e)
If the protest is not resolved by mutual agreement, the
Deputy will issue a written determination on the protest.
(1)
If the Deputy determines that no violation of rules or
statutes has occurred, he shall so inform the protesting party and other interested
parties by letter which sets forth the reasons for the determination.
(2)
If the Deputy determines that a violation of the
rules or statutes has occurred in a case where a contract has not been awarded,
he shall so inform the protesting party, and other interested parties by letter
which sets forth the reasons for the determination and the appropriate remedial
action.
(3)
If the Deputy determines that a violation of the
rules or statutes has occurred in a case where a contract has been awarded,
he shall so inform the protesting party and other interested parties by letter
which sets forth the reasons for the determination, which may include nullifying
the contract.
(f)
The Deputy's determination on a protest may be appealed
by an interested party to the Secretary of State. An appeal of the Deputy's
determination must be in writing and must be received in the Secretary of
State's office no later than 10 working days after the date of the Deputy's
determination. The appeal shall be limited to review of the Deputy's determination.
Copies of the appeal must be mailed or delivered by the appealing party to
other interested parties and must contain an affidavit that such copies have
been provided.
(g)
The general counsel shall review the protest, Deputy's
determination, and the appeal and prepare a written opinion with recommendation
to the Secretary of State. Copies of the general counsel's recommendation
shall be mailed to the appealing party, and other interested parties.
(h)
When a protest has been appealed to the Secretary of State
under subsection (f) of this section a decision issued in writing by the Secretary
of State shall be the final administrative action of the agency.
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
July 2, 1999.
TRD-9903951
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: August 15, 1999
For further information, please call: (512) 463-5561
Subchapter D. Security
Part IV.
Office of the Secretary of State
Chapter 102.
Health Spas