2019 Texas Statutes
Family Code
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle D - Administrative Services
Chapter 232 - Suspension of License
Section 232.0135. Denial of License Issuance or Renewal
Sec. 232.0135. DENIAL OF LICENSE ISSUANCE OR RENEWAL. (a) A child support agency, as defined by Section 101.004, may provide notice to a licensing authority concerning an obligor who has failed to pay child support under a support order for six months or more that requests the authority to refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor.
(b) A licensing authority that receives the information described by Subsection (a) shall refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor until the authority is notified by the child support agency that the obligor has:
(1) paid all child support arrearages;
(2) made an immediate payment of not less than $200 toward child support arrearages owed and established with the agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages;
(3) been granted an exemption from this subsection as part of a court-supervised plan to improve the obligor's earnings and child support payments; or
(4) successfully contested the denial of issuance or renewal of license under Subsection (d).
(c) On providing a licensing authority with the notice described by Subsection (a), the child support agency shall send a copy to the obligor by first class mail and inform the obligor of the steps the obligor must take to permit the authority to approve the obligor's application for license issuance or renewal.
(d) An obligor receiving notice under Subsection (c) may request a review by the child support agency to resolve any issue in dispute regarding the identity of the obligor or the existence or amount of child support arrearages. The agency shall promptly provide an opportunity for a review, either by telephone or in person, as appropriate to the circumstances. After the review, if appropriate, the agency may notify the licensing authority that it may approve the obligor's application for issuance or renewal of license. If the agency and the obligor fail to resolve any issue in dispute, the obligor, not later than the 30th day after the date of receiving notice of the agency's determination from the review, may file a motion with the court to direct the agency to withdraw the notice under Subsection (a) and request a hearing on the motion. The obligor's application for license issuance or renewal may not be approved by the licensing authority until the court rules on the motion. If, after a review by the agency or a hearing by the court, the agency withdraws the notice under Subsection (a), the agency shall reimburse the obligor the amount of any fee charged the obligor under Section 232.014.
(e) If an obligor enters into a repayment agreement with the child support agency under this section, the agency may incorporate the agreement in an order to be filed with and confirmed by the court in the manner provided for agreed orders under Chapter 233.
(f) In this section, "licensing authority" does not include the State Securities Board.
Added by Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 55, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 15, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 16, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 674 (H.B. 1846), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 11, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 859 (S.B. 1726), Sec. 9, eff. September 1, 2015.
