TITLE administration

Part III. Office of the Attorney General

Chapter 55. Child Support Enforcement

Subchapter H. License Suspension

1 TAC §55.203

The Office of the Attorney General proposes amendments to §55.203(b) and §55.203(f)(2) concerning actions to suspend licenses for failure to pay child support. The amended forms for the Petition to Suspend License correspond with legislative amendments to Chapter 232 of the Family Code, Suspension of License for Failure to Pay Child Support or Comply with Subpoena. The forms clarify the pleading and track the new statutory language of Family Code §232.005 including a statement of the total amount of arrearages allegedly owed under a child support order.

David Vela, IV-D Director, Child Support Division, has determined that for the first five-year period these forms are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the forms.

Mr. Vela also has determined that for each year of the first five years these forms are in effect the public benefit anticipated as a result of enforcing the form is clarification and compliance with the statutory language in Family Code, Chapter 232, license suspension actions for failure to pay child support. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the forms as proposed.

Comments may be submitted to Tod L. Adamson, Child Support Division, Administrative Law Section, Office of the Attorney General, 5500 East Oltorf, Room 347, Austin, Texas 78741, or P.O. Box 12017, mailcode 073, Austin, Texas, 78711-2017, (512) 460-6121.

The amended forms are proposed under the Family Code, Chapter 232, Suspension of License for Failure to Pay Child Support or Comply with Subpoena, §232.016, which provides the Office of the Attorney General with the authority to prescribe forms and procedures for the implementation of Chapter 232.

The Family Code, Chapter 232, is affected by the new forms.

§55.203.Forms.

(a)

(No change.)

(b)

Petition to Suspend License. The petition shall take the form as follows:

Figure 1: 1 TAC §55.203(b)

(c) - (e)

(No change.)

(f)

The Office of the Attorney General promulgates the following two forms as suggested model forms for use by the courts.

(1)

(No change.)

(2)

Petition to Suspend License. The suggested model petition form takes the form as follows:

Figure 2: 1 TAC §55.203(f)(2)

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.

Issued in Austin, Texas, on December 17, 1997.

TRD-9716866

Sarah Shirley

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: February 2, 1998

For further information, please call: (512) 475-4499