1 TAC §§55.801 - 55.804
The Office of the Attorney General, Child Support Division
proposes new §§55.801 - 55.804, concerning the operation of the
State Disbursement Unit, which is responsible for receiving, disbursing, maintaining
and furnishing child support payments and records in accordance with applicable
federal and state law. The proposed new sections will describe the operation
of the State Disbursement Unit in compliance with federal and state law.
Alicia Key, IV-D Director, Child Support Division, has determined that
for the first five years the new sections as proposed are in effect, there
will be no significant fiscal implications for state or local government as
a result of enforcing or implementing the sections.
Ms. Key has also determined that for each year of the first five years
the sections are in effect, the public benefit as a result of the new sections
will be compliance with state and federal requirements. There will be no significant
fiscal implications for small businesses or individuals. In addition, Ms.
Key has determined that there will be no local employment impact as a result
of the new sections.
Comments may be submitted to Kathy Shafer, State and Federal Operations
Section, 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.
The proposed new §§55.801 - 55.804 are authorized by
Texas Family Code §234.006.
The new sections are proposed under Texas Family Code Chapter 234, State
Case Registry, Disbursement Unit and Directory of New Hires, Subchapter A.
§55.801.Scope.
The Office of the Attorney General operates the State Disbursement
Unit, which is responsible for receiving, disbursing, maintaining and furnishing
child support payments and records in accordance with applicable federal and
state law. Texas Family Code §234.006 authorizes the adoption of rules
in compliance with federal law for the operation of the State Disbursement
Unit.
§55.802.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Office of the Attorney General--The state's Title IV-D
agency administered by the Child Support Division of the Office of the Attorney
General.
(2)
State Disbursement Unit--The unit established and operated
by the Title IV-D agency, the Office of the Attorney General Child Support
Division, under 42 U.S.C. Section 654(b) that has responsibility for receiving,
disbursing, maintaining and furnishing child support payments and records.
(3)
Authorization for Release of Information Form 1A004--The
form used when a custodial or noncustodial parent wishes to authorize the
Office of the Attorney General to release case status information, redirect
correspondence or redirect payments to another person, company, organization,
or governmental entity.
(4)
Revocation of Authorization for Release of Information
Form 1A005--The form used when a custodial or noncustodial parent wishes to
cancel their authorization for the Office of the Attorney General to release
case status information, redirect correspondence or redirect payments to another
person, company, organization, or governmental entity previously named on
the Authorization for Release of Information Form 1A004.
(5)
Direct Deposit Application Form 6A002--The form signed
by an obligee that authorizes the State Disbursement Unit to set up direct
deposit for all child support payments to be deposited directly into a bank
account.
(6)
Texas Debit Card--The plastic card used by obligees to
gain immediate access to child support payments through the use of electronic
fund transfer systems via automated teller machines or the electronic funds
transfer point-of-sale system.
(7)
Obligee--A person or entity entitled to receive payments
of child support, including an agency of this state or of another jurisdiction
to which a person has assigned the person's right to support.
§55.803.Forms.
The prescribed forms for Direct Deposit Application (Form 6A002), the
Authorization for Release of Information (Form 1A004) and the Revocation
of Authorization for Release of Information (Form 1A005) can be obtained on
the Office of the Attorney General's website www.oag.state.tx.us under Child
Support, Forms.
§55.804.Methods of Disbursement.
(a)
The OAG's Child Support Division will disburse child support
payments to an obligee through the Texas Debit card unless the obligee has
signed an Authorization for Release of Information Form (1A004).
(b)
An obligee may opt out of the Texas Debit Card program
and receive a state warrant. The opt out form can be obtained by calling 1-866-729-6159
or can be obtained on the Office of the Attorney General's website at www.oag.state.tx.us.
(c)
An obligee may choose to receive their child support payment
through direct deposit into their bank account by completing the Direct Deposit
Application Form (6A002).
(d)
An obligee who has signed an Authorization for Release
of Information Form (1A004) must revoke that authorization by signing a Revocation
of Authorization for Release of Information Form (1A005) to receive their
payments through the Texas Debit card.
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 27, 2006.
TRD-200601814
Stacey Schiff
Deputy Attorney General
Office of the Attorney General
Earliest possible date of adoption: May 7, 2006
For information regarding this publication, you
may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.