2021 Texas Statutes
Family Code
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle D - Administrative Services
Chapter 231 - Title Iv-D Services
Subchapter A. Administration of Title Iv-D Program
Section 231.002. Powers and Duties
Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency may:
(1) accept, transfer, and expend funds, subject to the General Appropriations Act, made available by the federal or state government or by another public or private source for the purpose of carrying out this chapter;
(2) adopt rules for the provision of child support services;
(3) initiate legal actions needed to implement this chapter; and
(4) enter into contracts or agreements necessary to administer this chapter.
(b) The Title IV-D agency may perform the duties and functions necessary for locating children under agreements with the federal government as provided by 42 U.S.C. Section 663.
(c) The Title IV-D agency may enter into agreements or contracts with federal, state, or other public or private agencies or individuals for the purpose of carrying out the agency's responsibilities under federal or state law. The agreements or contracts between the agency and other state agencies or political subdivisions of this or another state, including a consortia of multiple states, and agreements or contracts with vendors for the delivery of program services are not subject to Chapter 771 or 783, Government Code.
(d) Consistent with federal law and any international treaty or convention to which the United States is a party and that has been ratified by the United States Congress, the Title IV-D agency may:
(1) on approval by and in cooperation with the governor, pursue negotiations and enter into reciprocal arrangements with the federal government, another state, or a foreign country or a political subdivision of the federal government, state, or foreign country to:
(A) establish and enforce child support obligations; and
(B) establish mechanisms to enforce an order providing for possession of or access to a child rendered under Chapter 153;
(2) spend money appropriated to the agency for child support enforcement to engage in international child support enforcement; and
(3) spend other money appropriated to the agency necessary for the agency to conduct the agency's activities under Subdivision (1).
(e) The Title IV-D agency may take the following administrative actions with respect to the location of a parent, the determination of parentage, and the establishment, modification, and enforcement of child support, medical support, and dental support orders required by 42 U.S.C. Section 666(c), without obtaining an order from any other judicial or administrative tribunal:
(1) issue an administrative subpoena, as provided by Section 231.303, to obtain financial or other information;
(2) order genetic testing for parentage determination, as provided by Chapter 233;
(3) order income withholding, as provided by Chapter 233, and issue an administrative writ of withholding, as provided by Chapter 158; and
(4) take any action with respect to execution, collection, and release of a judgment or lien for child support necessary to satisfy the judgment or lien, as provided by Chapter 157.
(f) The Title IV-D agency shall recognize and enforce the authority of the Title IV-D agency of another state to take actions similar to the actions listed in this section.
(g) The Title IV-D agency shall develop and use procedures for the administrative enforcement of interstate cases meeting the requirements of 42 U.S.C. Section 666(a)(14) under which the agency:
(1) shall promptly respond to a request made by another state for assistance in a Title IV-D case; and
(2) may, by electronic or other means, transmit to another state a request for assistance in a Title IV-D case.
(h) Repealed by Acts 2009, 81st Leg., R.S., Ch. 164, Sec. 3, eff. May 26, 2009.
(i) The Title IV-D agency may provide a release or satisfaction of a judgment for all or part of the amount of the arrearages assigned to the Title IV-D agency under Section 231.104(a).
(j) In the enforcement or modification of a child support order, the Title IV-D agency is not:
(1) subject to a mediation or arbitration clause or requirement in the order to which the Title IV-D agency was not a party; or
(2) liable for any costs associated with mediation or arbitration arising from provisions in the order or another agreement of the parties.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 874, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 68, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.27, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 556, Sec. 51, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 310, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 610, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 164 (S.B. 1661), Sec. 3, eff. May 26, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355), Sec. 9, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 42, eff. September 1, 2018.
