PART 3. OFFICE OF THE ATTORNEY GENERAL
CHAPTER 55. CHILD SUPPORT ENFORCEMENT
SUBCHAPTER H. LICENSE SUSPENSION
The Office of the Attorney General (OAG) Child Support Division proposes an amendment to 1 TAC § 55.205(d) regarding the method of service of notice of an administrative petition to suspend license pursuant to Texas Family Code § 232.006.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
This rule proposal amends § 55.205(d) regarding notice of an administrative petition to suspend license. The first method of notice was "as in civil cases generally." Tex. Fam. Code § 232.006(b)(2). The Legislature added subsection (b)(1) to Texas Family Code § 232.006 (S.B. 228), regarding a second method of service in license suspension actions. The second method authorized that if a party has been ordered under Chapter 105 to provide their current address, notice of license suspension actions may be served by first class mailing. This proposed amendment will align the Texas Administrative Code with the existing Texas Family Code provision, which authorizes service by mail in qualifying cases.
SECTION SUMMARY
Section 55.205(d), titled "Initiating a Proceeding," would be amended to replace the current reference to Texas Rule of Civil Procedure 106 with a new reference to Texas Family Code § 232.006 for obtaining service of the notice on the obligor in an action to suspend a license.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Ruth Anne Thornton, Director of Child Support (IV-D Director), has determined that for the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section.
PUBLIC BENEFIT AND COST NOTE
Ms. Thornton has also determined that for each year of the first five years the proposed amendment is in effect, the public will benefit from clarification of the process, and unity in both the Texas Family Code and Texas Administrative Code, for notice of an administrative petition to suspend a license. In addition, for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
IMPACT ON LOCAL EMPLOYMENT OR ECONOMY
Ms. Thornton has determined that the proposed amendment does not have an impact on local employment or economies. Therefore, no local employment or economy impact statement is required under Texas Government Code § 2001.022.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES
Ms. Thornton has determined there will not be an effect on small businesses, micro-businesses, and rural communities required to comply with the amendment as proposed. Therefore, no regulatory flexibility analysis is required under Texas Government Code § 2006.002
TAKINGS IMPACT ASSESSMENT
The OAG has determined that no private real property interests are affected by the proposed amendment, and the proposed amendment does not restrict, limit, or impose a burden on an owner's rights to his or her private real property which would otherwise exist in the absence of government action. As a result, the proposed amendment does not constitute a taking or require a takings impact assessment under Texas Government Code § 2007.043.
GOVERNMENT GROWTH IMPACT STATEMENT
In compliance with Texas Government Code § 2001.0221, the OAG has prepared the following government growth impact statement. During the first five years the proposed amendment would be in effect, the proposed rule:
- will not create or eliminate a government program;
- will not require the creation of new employee positions or the elimination of existing employee positions;
- will not require an increase or decrease in future legislative appropriations to the agency;
- will not require an increase or decrease in fees paid to the agency;
- will not create new regulations;
- will not expand, limit, or repeal an existing regulation;
- will not increase or decrease the number of individuals subject to the rule's applicability; and
- will not positively or adversely affect this state's economy.
PUBLIC COMMENT
The OAG's Child Support Division invites comments on the proposed amended rule from any interested persons, including any member of the public. Written comments on this proposed amendment should be submitted to Joel Rogers, Associate Deputy Attorney General for Child Support Legal Services, Child Support Division, Office of the Attorney General P.O. Box 12017, Mail Code 044, Austin, Texas 78711-2017 or CSD-Tex-Admin-Code@oag.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after the publication of this proposed amendment to be considered.
STATUTORY AUTHORITY
The OAG proposes an amendment to 1 TAC §55.205(d) under the authority of Texas Family Code §§ 231.001, 231.003, 232.016. Section 231.001 designates the OAG as the state's Title IV-D agency. Section 231.003 authorizes the Title IV-D agency by rule to promulgate forms and procedures for the implementation of Title IV-D services. Section 232.016 authorizes the Title IV-D agency by rule to promulgate forms and procedures for the implementation of Chapter 232, Suspension of License.
CROSS-REFERENCE TO STATUTE
No other regulations or statutes are affected by this change.
§55.205.Initiating a Proceeding.
(a) Filing the Petition. The petitioner initiates a proceeding by filing the Petition to Suspend License packet with: Coordinator, Office of the Attorney General, Child Support Division, 5500 E. Oltorf, Austin, Texas 78741 (hand delivery); P.O. Box 12017, Mail Code 039-3, Austin, Texas 78711-2017 (Postal Service delivery).
(b) Petition to Suspend License Packet. The packet is the Notice of Filing Petition to Suspend License, with all attachments, including the Petition to Suspend License, Request for Hearing, all relevant court orders and payment records.
(c) Issuance of Notice of Filing of Petition to Suspend License. After determining that the packet is complete, the coordinator will assign a docket number to the petition, seal the notice, and file-stamp the notice and petition.
(d) Service. The coordinator is responsible for obtaining
service of the notice on the obligor in accordance with Texas
Family Code § 232.006. [as in civil cases generally.
See Texas Rule of Civil Procedure 106.]
(e) Evidence of Service. Upon obtaining service on the obligor, the coordinator must file evidence that service has been obtained. A copy of the return of service, a copy of the return receipt on certified mail, or an affidavit of service issued by the coordinator is evidence that service has been obtained.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 19, 2023.
TRD-202302198
Austin Kinghorn
General Counsel
Office of the Attorney General
Earliest possible date of adoption: July 30, 2023
For further information, please call: (800) 252-8014