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Tex. Fam. Code § 231.301-231.305

Tex. Fam. Code § 231.301-231.305 - Location of Parents and Resources (1995)

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Verbatim reference text. This is the full, unedited text of Tex. Fam. Code § 231.301-231.305, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

TEXAS FAMILY CODE Chapter 231, Subchapter D — LOCATION OF PARENTS AND RESOURCES CHAPTER 231 • TITLE IV-D SERVICES Subchapter D: LOCATION OF PARENTS AND RESOURCES Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. (a) The parent locator service conducted by the Title IV-D agency shall be used to obtain information for: (1) child support establishment and enforcement purposes regarding the identity, social security number, location, employer and employment benefits, income, and assets or debts of any individual under an obligation to pay child support, medical support, or dental support or to whom a support obligation is owed; or (2) the establishment of paternity. (b) As authorized by federal law, the following persons may receive information under this section: (1) a person or entity that contracts with the Title IV-D agency to provide services authorized under Title IV-D or an employee of the Title IV-D agency; (2) an attorney who has the duty or authority, by law, to enforce an order for possession of or access to a child; (3) a court, or an agent of the court, having jurisdiction to render or enforce an order for possession of or access to a child; (4) the resident parent, legal guardian, attorney, or agent of a child who is not receiving public assistance; and (5) a state agency that administers a program operated under a state plan as provided by 42 U.S.C. Section 653(c). Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 76, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 56, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 46, eff. September 1, 2018. Sec. 231.302. INFORMATION TO ASSIST IN LOCATION OF PERSONS OR PROPERTY. (a) The Title IV-D agency of this or another state may request and obtain information relating to the identity 2018. Sec. 231.302. INFORMATION TO ASSIST IN LOCATION OF PERSONS OR PROPERTY. (a) The Title IV-D agency of this or another state may request and obtain information relating to the identity, location, employment, compensation, benefits, income, and property holdings or other assets of any person from a state or local government agency, private company, institution, or other entity as necessary to establish, modify, or enforce a support order. (b) A government agency, private company, institution, or other entity shall provide the information requested under Subsection (a) directly to the Title IV-D agency not later than the seventh day after the request to obtain information is received, without the requirement of payment of a fee for the information, and shall, subject to safeguards on privacy and information security, provide the information in the most efficient and expeditious manner available, including electronic or automated transfer and interface. Any individual or entity disclosing information under this section in response to a request from a Title IV-D agency may not be held liable in any civil action or proceeding to any person for the disclosure of information under this subsection. (b-1) After conducting an investigation and assessment of a party's financial resources in a child support action under this title, the Title IV-D agency may prepare and submit to the court an investigation report indicating the agency's findings regarding the party's average monthly gross income based on information obtained under Subsection (a). The Title IV-D agency investigation report must be signed by the agent who prepared the report. The investigation report is admissible as evidence of the truth of the information contained in the record and does not require further authentication or verification. A respondent may offer evidence controverting income information contained in an the truth of the information contained in the record and does not require further authentication or verification. A respondent may offer evidence controverting income information contained in an investigation report submitted under this subsection. (c) Except as provided by Subsection (c-1) or (c-2), to assist in the administration of laws relating to child support enforcement under Parts A and D of Title IV of the federal Social Security Act (42 U.S.C. Section 601 et seq. and 42 U.S.C. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 231, Subchapter D — LOCATION OF PARENTS AND RESOURCES Section 651 et seq.): (1) each licensing authority shall request and each applicant for a license shall provide the applicant's social security number; (2) each agency administering a contract that provides for a payment of state funds shall request and each individual or entity bidding on a state contract shall provide the individual's or entity's social security number as required by Section 231.006; and (3) each agency administering a state-funded grant or loan program shall request and each applicant for a grant or loan shall provide the applicant's social security number as required by Section 231.006. (c-1) For purposes of issuing a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, the Department of Public Safety is not required to request, and an applicant is not required to provide, the applicant's social security number. (c-2) For purposes of issuing a fishing or hunting license, the Texas Parks and Wildlife Department is not required to request, and an applicant is not required to provide, the applicant's social security number if the applicant is 13 years of age or younger. (d) This section does not limit the right of an agency or licensing authority to collect and use a social security number under another provision of la the applicant is 13 years of age or younger. (d) This section does not limit the right of an agency or licensing authority to collect and use a social security number under another provision of law. (e) Except as provided by Subsection (d), a social security number provided under this section is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Part A or D of Title IV of the federal Social Security Act (42 U.S.C. Sections 601 et seq. and 651 et seq). (f) Information collected by the Title IV-D agency under this section may be used only for child support purposes. (g) In this section, "licensing authority" has the meaning assigned by Section 232.001. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 84, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 420, Sec. 20, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 77, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.28, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 56, eff. Sept. 1, 2001. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 665 (H.B. 1349), Sec. 1, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 153 (H.B. 821), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 4, eff. September 1, 2015. Acts 2025, 89th Leg., R.S., Ch. 61 (S.B. 1403), Sec. 10, eff. September 1, 2025. Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The Title IV-D agency of this state or another state may issue an administrative subpoena to any individual or private or public entity in this state to furnish information necessary to carry out the purposes of child support enforcement under 42 U.S.C. Section 651 et seq. or this chapter. (b) An individual or entity receiving an administrative subpoena under this section shall comply with the subpoena. The Title IV-D agency may impose a fine in C. Section 651 et seq. or this chapter. (b) An individual or entity receiving an administrative subpoena under this section shall comply with the subpoena. The Title IV-D agency may impose a fine in an amount not to exceed $500 on an individual or entity that fails without good cause to comply with an administrative subpoena. An alleged or presumed father or a parent who fails to comply with a subpoena without good cause may also be subject to license suspension under Chapter 232. (c) A court may compel compliance with an administrative subpoena and with any administrative fine for failure to comply with the subpoena and may award reasonable and necessary attorney's fees, costs, and expenses to the Title IV-D agency in enforcing an administrative subpoena on proof that an individual or organization failed without good cause to comply with the subpoena. (d) An individual or organization may not be liable in a civil action or proceeding for disclosing financial or other information to a Title IV-D agency under this section. The Title IV-D agency may disclose information in a financial record obtained from a financial institution only to the extent necessary: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 231, Subchapter D — LOCATION OF PARENTS AND RESOURCES (1) to establish, modify, or enforce a child support obligation; or (2) to comply with Section 233.001, as added by Chapter 420, Acts of the 75th Legislature, Regular Session, 1997. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 78, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 859, Sec. 5, eff. Sept. 1, 1999. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 51, eff. September 1, 2025. Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D agency and the Texas Department o B. 2524), Sec. 51, eff. September 1, 2025. Sec. 231.305. MEMORANDUM OF UNDERSTANDING ON CHILD SUPPORT FOR CHILDREN RECEIVING PUBLIC ASSISTANCE. (a) The Title IV-D agency and the Texas Department of Human Services by rule shall adopt a memorandum of understanding governing the establishment and enforcement of court-ordered child support in cases involving children who receive financial assistance under Chapter 31, Human Resources Code. The memorandum shall require the agency and the department to: (1) develop procedures to ensure that the information the department is required to collect to establish and enforce child support: (A) is collected from the person applying to receive the financial assistance at the time the application is filed; (B) is accurate and complete when the department forwards the information to the agency; (C) is not information previously reported to the agency; and (D) is forwarded to the agency in an expeditious manner; (2) develop procedures to ensure that the agency does not duplicate the efforts of the department in gathering necessary information; (3) clarify each agency's responsibilities in the establishment and enforcement of child support; (4) develop guidelines for use by eligibility workers and child support enforcement officers in obtaining from an applicant the information required to establish and enforce child support for that child; (5) develop training programs for appropriate department personnel to enhance the collection of information for child support enforcement; (6) develop a standard time, not to exceed 30 days, for the department to initiate a sanction on request from the agency; (7) develop procedures for agency participation in department appeal hearings relating to noncompliance sanctions; (8) develop performance measures regarding the timeliness and the number of sanctions resulting from agency requests for noncompliance sanctions; and (9) prescribe: (A) the time in which the department is elop performance measures regarding the timeliness and the number of sanctions resulting from agency requests for noncompliance sanctions; and (9) prescribe: (A) the time in which the department is required to forward information under Subdivision (1)(D); and (B) what constitutes complete information under Subdivision (1)(B). (b) The Title IV-D agency and the Texas Department of Human Services shall review and renew or modify the memorandum not later than January 1 of each even-numbered year. Added by Acts 1995, 74th Leg., ch. 341, Sec. 1.07, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 57, eff. Sept. 1, 1999. Sec. 231.306. MAXIMIZING MEDICAL SUPPORT AND DENTAL SUPPORT ESTABLISHMENT AND COLLECTION BY THE TITLE IV-D AGENCY. (a) On the installation of an automated child support enforcement system, the Title IV-D agency is strongly encouraged to: (1) maximize the collection of medical support and dental support; and (2) establish cash medical support orders for children eligible for medical assistance under the state Medicaid program for whom private insurance coverage is not available. (b) In this section: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 231, Subchapter D — LOCATION OF PARENTS AND RESOURCES (1) "Medical support" has the meaning assigned by Section 101.020. (2) "Dental support" has the meaning assigned by Section 101.0095. Added by Acts 1995, 74th Leg., ch. 341, Sec. 2.03, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 47, eff. September 1, 2018. Sec. 231.307. FINANCIAL INSTITUTION DATA MATCHES. (a) The Title IV-D agency shall develop a system meeting the requirements of federal law (42 U.S.C. Sections 666(a)(4) and (17)) for the exchange of data with financial institutions doing business in the state to identify an account of an obligor owing past-due child support and to enforce support Sections 666(a)(4) and (17)) for the exchange of data with financial institutions doing business in the state to identify an account of an obligor owing past-due child support and to enforce support obligations against the obligor, including the imposition of a lien and a levy and execution on an obligor's assets held in financial institutions as required by federal law (42 U.S.C. Section 666(c)(1)(G)). (b) The Title IV-D agency by rule shall establish procedures for data matches authorized under this section. (c) The Title IV-D agency may enter into an agreement with one or more states to create a consortium for data matches authorized under this section. The Title IV-D agency may contract with a vendor selected by the consortium to perform data matches with financial institutions. (d) A financial institution providing information or responding to a notice of child support lien or levy provided under Subchapter G, Chapter 157, or otherwise acting in good faith to comply with the Title IV-D agency's procedures under this section may not be liable under any federal or state law for any damages that arise from those acts. (e) In this section: (1) "Financial institution" has the meaning assigned by Section 157.311; and (2) "Account" has the meaning assigned by Section 157.311. (f) A financial institution participating in data matches authorized by this section may provide the Title IV-D agency an address for the purpose of service of notices or process required in actions under this section or Subchapter G, Chapter 157. (g) This section does not apply to an insurer subject to the reporting requirements under Section 231.015. Added by Acts 1997, 75th Leg., ch. 911, Sec. 79, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 58, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 57, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 14, eff. September 1, 2011. Sec. 231.308. PUBLIC IDENT ept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 57, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 14, eff. September 1, 2011. Sec. 231.308. PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS. (a) The Title IV-D agency shall develop a program to identify publicly certain child support obligors who are delinquent in the payment of child support. The program shall include the displaying of photographs and profiles of obligors in public and private locations. The Title IV-D agency shall use posters, the news media, and other cost-effective methods to display photographs and profiles of certain obligors who are in arrears in paying child support. The Title IV-D agency shall divide the state into at least six regions for local identification of certain child support obligors who are delinquent in the payment of child support. (b) The Title IV-D agency may not disclose information under this section that is by law required to remain confidential. Added by Acts 1997, 75th Leg., ch. 420, Sec. 21, eff. Sept. 1, 1997. Sec. 231.309. REWARDS FOR INFORMATION. (a) The Title IV-D agency may offer a reward to an individual who provides information to the agency that leads to the collection of child support owed by an obligor who is delinquent in paying support. (b) The Title IV-D agency shall adopt rules providing for the amounts of rewards offered under this section and the circumstances under which an individual providing information described in Subsection (a) is entitled to receive a reward. (c) A reward paid under this section shall be paid from the child support retained collections account. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 231, Subchapter D — LOCATION OF PARENTS AND RESOURCES Added by Acts 1997, 75th Leg., ch. 420, Sec. 21, eff. Sept. 1, 1997. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5","job_me D — LOCATION OF PARENTS AND RESOURCES Added by Acts 1997, 75th Leg., ch. 420, Sec. 21, eff. Sept. 1, 1997. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5