Part 3. OFFICE OF THE ATTORNEY GENERAL
Chapter 55. CHILD SUPPORT ENFORCEMENT
Subchapter A. GENERAL GUIDELINES
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §55.4 and §55.5, concerning the determination of cooperation for persons receiving public assistance, who are referred to the Office of the Attorney General for child support services and good cause for failure to cooperate. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9187) and will not be republished.
The purpose of the amended sections are to clarify procedures used by the Title IV-D agency in the determination of cooperation.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §231.002, which authorizes the Office of the Attorney General to adopt rules for the provision of child support services.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800921
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §55.31 and §55.32, concerning the application to the Title IV-D Agency for locate-only services. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9188) and will not be republished.
The purpose of the amendments is to clarify who may apply to the IV-D agency for locate-only services and parental kidnapping and child custody services.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §231.002, which provides the Office of the Attorney General with the authority to adopt rules for the provision of child support services.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800922
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §§55.101 - 55.105, concerning administrative review of federal income tax refund intercept, criteria for reporting past-due child support to consumer credit reporting agencies, and contesting reporting to consumer credit reporting agencies. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9188) and will not be republished.
The purpose of the amendments is to clarify procedures for administrative review and criteria for reporting past due child support to consumer credit reporting agencies, update statutory references to Texas Civil Statutes, and include revisions to an attached graphic.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §231.003, which provides the Office of the Attorney General with the authority to prescribe forms and procedures for the implementation of Chapter 231.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800923
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
1 TAC §§55.111, 55.112, 55.115 - 55.119
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §§55.111, 55.112, and 55.115 - 55.119, regarding forms for child support enforcement. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9190) and will not be republished.
The purpose of the amendments is to provide forms authorized by state and federal statutes and used by the Office of the Attorney General, Child Support Division. The amendments also clarify the description of the forms and update statutory cites to the Texas Family Code.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §158.106, which authorizes the Office of the Attorney General to prescribe forms for the collection of child support.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800924
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts an amendment to 1 TAC §55.141, concerning contesting distribution of collections on child support obligations. The amended section is adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9191) and will not be republished.
The purpose of the amended section is to clarify procedures regarding contesting distribution of collections on child support obligations, and update an attached form that is used when contesting the distribution of collections. The updated Request for Hearing form conforms to the Request for Hearing form currently used by the Office of the Attorney General.
No public comments were received regarding adoption of the amendments.
The amendment is adopted under Texas Family Code §231.002, which authorizes the State's Title IV-D agency to adopt rules for the provision of child support services.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800925
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §55.151 and §55.152, concerning authorized costs and billing costs and fees in IV-D cases. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9192) and will not be republished.
The purpose of the amended sections is to clarify costs and fees that may be charged to the Office of the Attorney General by a clerk of the court, and update the name of a billing form provided by the Office of the Attorney General.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §231.002, which provides the Office of the Attorney General with the authority to adopt rules for the provision of child support services.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800926
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §55.203 and §55.216, concerning forms used in the suspension of a license pursuant to Texas Family Code Chapter 232, and procedures used when a Petition to Suspend License is dismissed for want of prosecution. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9193) and will not be republished.
The purpose of the amended sections are to provide the Notice of Filing of Petition to Suspend License used by the Office of the Attorney General, and to clarify procedures regarding the dismissal of a Petition to Suspend License for want of prosecution.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code, §232.016, which provides the Office of the Attorney General with the authority to adopt rules for the implementation of Chapter 232, Texas Family Code.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800927
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §§55.301 - 55.308, concerning the State Directory of New Hires. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9193) and will not be republished.
The purpose of the amended sections are to clarify procedures within the State Directory of New Hires and reflect the current names of the program and state agencies. Included in the amendment is the current State of Texas New Hire Reporting Form promulgated by the Office of the Attorney General.
No public comments were received concerning the adoption of the amendments.
The amendments are adopted under Texas Family Code §234.104, which provides the Office of the Attorney General with the authority to establish by rule procedures for reporting employee information.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800928
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §§55.401 - 55.407, concerning the voluntary paternity acknowledgment process. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9195) and will not be republished.
The purpose of the amended sections is to clarify the voluntary paternity acknowledgment process and reflect the current name of the Texas Department of State Health Services, Vital Statistics Unit.
No public comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Family Code §160.314, which authorizes the Office of the Attorney General to adopt rules for the provision of Texas Family Code, Chapter 160, Subchapter D.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800929
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts new §55.408, concerning the Parent Survey on the Acknowledgment of Paternity. The new section is adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9197) and will not be republished.
The purpose of the adopted new section is to outline the procedures regarding the use of the Parent Survey in the voluntary paternity acknowledgment process.
No public comments were received regarding adoption of the new section.
The new section is adopted under Texas Family Code §160.314 which authorizes the Office of the Attorney General to adopt rules for the provision of Texas Family Code, Chapter 160, Subchapter D.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800930
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts an amendment to 1 TAC §55.501, concerning requests to the IV-D agency for information. The amended section is adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9197) and will not be republished.
The purpose of the adopted amendment is to clarify who may request information from the IV-D agency, and the type of information that may be released.
No public comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Family Code §231.003, which provides the Office of the Attorney General with the authority to prescribe forms and procedures for the implementation of Chapter 231.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800931
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
1 TAC §§55.601, 55.602, 55.604
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §§55.601, 55.602 and 55.604, concerning the intercept of insurance claims pursuant to Texas Family Code §231.015. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9198) and will not be republished.
The purpose of the adopted amendments is to clarify the procedures used by the IV-D agency regarding the intercept of certain liability insurance settlements or awards for claims in the satisfaction of arrearage amounts.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §231.015.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800932
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
1 TAC §§55.701, 55.703 - 55.705, 55.707
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §§55.701, 55.703 - 55.705, and 55.707, concerning the National Medical Support Notice. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9199) and will not be republished.
The purpose of the adopted amendments is to clarify the responsibilities of the IV-D agency and employer regarding the use of the National Medical Support Notice in the enforcement of health care coverage.
No public comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Family Code §154.186, which provides the Office of the Attorney General with the authority to prescribe forms and procedures consistent with federal law for use of the National Medical Support Notice.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800933
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts an amendment to 1 TAC §55.804, concerning the disbursement of child support payments to the obligee through the Texas Debit Card program. The amended section is adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9199) and will not be republished.
The purpose of the adopted amendment is to clarify how an obligee may opt out of the Texas Debit Card program.
No public comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Family Code §234.006, which authorizes the Office of the Attorney General to adopt rules in compliance with federal law for the operation of the state case registry and the state disbursement unit.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800934
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
Subchapter A. GENERAL PROVISIONS AND ELIGIBILTY
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §66.1 and §66.3, concerning definitions and costs related to the Family Trust Fund. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9200) and will not be republished.
The purpose of the adopted amendments is to add an acronym to the definition section and update the amount of money that each county clerk remits to the comptroller for deposit to the Family Trust Fund upon collection of fees for each marriage license issued.
No public comments were received regarding the adoption of the amendments.
The adopted amendments are authorized under Texas Family Code, §2.014, which provides the Office of the Attorney General with the authority to adopt rules for the provision of funds for grants or contracts that support services that assist families.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800935
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
The Office of the Attorney General, Child Support Division, adopts amendments to 1 TAC §66.77 and §66.99, concerning the administration of grants related to the Family Trust Fund. The amended sections are adopted without changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9201) and will not be republished.
The purpose of the adopted amendments is to update the time line in which a grantee must submit an invoice and the amount of time a grantee must properly obligate and expend funds to satisfy outstanding liabilities.
No public comments were received regarding adoption of the amendments.
The adopted amendments are authorized under Texas Family Code, §2.014, which provides the Office of the Attorney General with the authority to adopt rules for the provision of funds for grants or contracts that support services that assist families.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2008.
TRD-200800936
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Effective date: March 5, 2008
Proposal publication date: December 14, 2007
For information regarding this publication, you may contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.
Chapter 201. PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
The Department of Information Resources (department) adopts the amendment to 1 TAC §201.1, concerning definitions, to delete the definition for "project". The rule is adopted without changes to the proposed text as published in the November 2, 2007, issue of the Texas Register (32 TexReg 7787).
Paragraph (22) which is the definition of "project" is deleted. The remaining definitions are sequentially re-numbered.
No comments were received on the proposed amendment of the rule.
The amendment is adopted pursuant to §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 15, 2008.
TRD-200800960
Renée Mauzy
General Counsel
Department of Information Resources
Effective date: March 6, 2008
Proposal publication date: November 2, 2007
For further information, please call: (512) 475-4700