State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-232-suspension-of-license

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

Sec. 232.001. DEFINITIONS. In this chapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization that:

(A) is issued by a licensing authority;

(B) is subject before expiration to renewal, suspension,

revocation, forfeiture, or termination by a licensing authority;

and

(C) a person must obtain to:

(i) practice or engage in a particular business, occupation, or

profession;

(ii) operate a motor vehicle on a public highway in this state;

or

(iii) engage in any other regulated activity, including hunting,

fishing, or other recreational activity for which a license or

permit is required.

(2) "Licensing authority" means a department, commission, board,

office, or other agency of the state or a political subdivision

of the state that issues or renews a license or that otherwise

has authority to suspend or refuse to renew a license.

(3) "Order suspending license" means an order issued by the

Title IV-D agency or a court directing a licensing authority to

suspend or refuse to renew a license.

(4) "Subpoena" means a judicial or administrative subpoena

issued in a parentage determination or child support proceeding

under this title.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 82, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 58, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 50, eff. September 1, 2007.

Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. Unless

otherwise restricted or exempted, all licensing authorities are

subject to this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.22, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1280, Sec. 1.02, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1288, Sec. 2, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1254, Sec. 4, eff. Sept. 1, 1999; Acts

1999, 76th Leg., ch. 1477, Sec. 23, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 394, Sec. 2, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 553, Sec. 2.003, eff. Feb. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

798, Sec. 4.01, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 51, eff. September 1, 2007.

Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY

COMMISSION. With respect to the Texas Lottery Commission, this

chapter applies only to a lottery ticket sales agent license

issued under Chapter 466, Government Code.

Added by Acts 2001, 77th Leg., ch. 394, Sec. 3, eff. Sept. 1,

2001.

Sec. 232.0022. SUSPENSION OR NONRENEWAL OF MOTOR VEHICLE

REGISTRATION. (a) The Texas Department of Motor Vehicles is the

appropriate licensing authority for suspension or nonrenewal of a

motor vehicle registration under this chapter.

(b) The suspension or nonrenewal of a motor vehicle registration

under this chapter does not:

(1) encumber the title to the motor vehicle or otherwise affect

the transfer of the title to the vehicle; or

(2) affect the sale, purchase, or registration of the motor

vehicle by a person who holds a general distinguishing number

issued under Chapter 503, Transportation Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 52, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3C.02, eff. September 1, 2009.

Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the Title

IV-D agency may issue an order suspending a license as provided

by this chapter if an individual who is an obligor:

(1) owes overdue child support in an amount equal to or greater

than the total support due for three months under a support

order;

(2) has been provided an opportunity to make payments toward the

overdue child support under a court-ordered or agreed repayment

schedule; and

(3) has failed to comply with the repayment schedule.

(b) A court or the Title IV-D agency may issue an order

suspending a license as provided by this chapter if a parent or

alleged parent has failed, after receiving appropriate notice, to

comply with a subpoena.

(c) A court may issue an order suspending license as provided by

this chapter for an individual for whom a court has rendered an

enforcement order under Chapter 157 finding that the individual

has failed to comply with the terms of a court order providing

for the possession of or access to a child.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995;

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 22, 23, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 83, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 556, Sec. 59, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 724, Sec. 2, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 1023, Sec. 59, eff. Sept. 1, 2001.

Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A child

support agency or obligee may file a petition to suspend, as

provided by this chapter, a license of an obligor who has an

arrearage equal to or greater than the total support due for

three months under a support order.

(b) In a Title IV-D case, the petition shall be filed with the

Title IV-D agency, the court of continuing jurisdiction, or the

tribunal in which a child support order has been registered under

Chapter 159. The tribunal in which the petition is filed obtains

jurisdiction over the matter.

(c) In a case other than a Title IV-D case, the petition shall

be filed in the court of continuing jurisdiction or the court in

which a child support order has been registered under Chapter

159.

(d) A proceeding in a case filed with the Title IV-D agency

under this chapter is governed by the contested case provisions

of Chapter 2001, Government Code, except that Section 2001.054

does not apply to the proceeding. The director of the Title IV-D

agency or the director's designee may render a final decision in

a contested case proceeding under this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 24, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 911, Sec. 84, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 556, Sec. 60, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 53, eff. September 1, 2007.

Sec. 232.005. CONTENTS OF PETITION. (a) A petition under this

chapter must state that license suspension is required under

Section 232.003 and allege:

(1) the name and, if known, social security number of the

individual;

(2) the name of the licensing authority that issued a license

the individual is believed to hold; and

(3) the amount of arrearages owed under the child support order

or the facts associated with the individual's failure to comply

with:

(A) a subpoena; or

(B) the terms of a court order providing for the possession of

or access to a child.

(b) A petition under this chapter may include as an attachment a

copy of:

(1) the record of child support payments maintained by the Title

IV-D registry or local registry;

(2) the subpoena with which the individual has failed to comply,

together with proof of service of the subpoena; or

(3) with respect to a petition for suspension under Section

232.003(c):

(A) the enforcement order rendered under Chapter 157 describing

the manner in which the individual was found to have not complied

with the terms of a court order providing for the possession of

or access to a child; and

(B) the court order containing the provisions that the

individual was found to have violated.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 85, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 724, Sec. 3, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1023, Sec. 60, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 29, eff. June 19, 2009.

Sec. 232.006. NOTICE. (a) On the filing of a petition under

Section 232.004, the clerk of the court or the Title IV-D agency

shall deliver to the individual:

(1) notice of the individual's right to a hearing before the

court or agency;

(2) notice of the deadline for requesting a hearing; and

(3) a hearing request form if the proceeding is in a Title IV-D

case.

(b) Notice under this section may be served:

(1) if the party has been ordered under Chapter 105 to provide

the court and registry with the party's current mailing address,

by mailing a copy of the notice to the respondent, together with

a copy of the petition, by first class mail to the last mailing

address of the respondent on file with the court and the state

case registry; or

(2) as in civil cases generally.

(c) The notice must contain the following prominently displayed

statement in boldfaced type, capital letters, or underlined:

"AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS BEEN

FILED AS PROVIDED BY CHAPTER 232, TEXAS FAMILY CODE. YOU MAY

EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR

YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER

THE DATE OF SERVICE OF THIS NOTICE, AN ORDER SUSPENDING YOUR

LICENSE MAY BE RENDERED."

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 86, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 7, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 178, Sec. 11, eff. Aug. 30, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 54, eff. September 1, 2007.

Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a) A

request for a hearing and motion to stay suspension must be filed

with the court or Title IV-D agency by the individual not later

than the 20th day after the date of service of the notice under

Section 232.006.

(b) If a request for a hearing is filed, the court or Title IV-D

agency shall:

(1) promptly schedule a hearing;

(2) notify each party of the date, time, and location of the

hearing; and

(3) stay suspension pending the hearing.

(c) In a case involving support arrearages, a record of child

support payments made by the Title IV-D agency or a local

registry is evidence of whether the payments were made. A copy of

the record appearing regular on its face shall be admitted as

evidence at a hearing under this chapter, including a hearing on

a motion to revoke a stay. Either party may offer controverting

evidence.

(d) In a case in which an individual has failed to comply with a

subpoena, proof of service is evidence of delivery of the

subpoena.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 87, eff. Sept. 1,

1997.

Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY CHILD

SUPPORT. (a) On making the findings required by Section

232.003, the court or Title IV-D agency shall render an order

suspending the license unless the individual:

(1) proves that all arrearages and the current month's support

have been paid;

(2) shows good cause for failure to comply with the subpoena or

the terms of the court order providing for the possession of or

access to a child; or

(3) establishes an affirmative defense as provided by Section

157.008(c).

(b) The court or Title IV-D agency may stay an order suspending

a license conditioned on the individual's compliance with:

(1) a reasonable repayment schedule that is incorporated in the

order;

(2) the requirements of a reissued and delivered subpoena; or

(3) the requirements of any court order pertaining to the

possession of or access to a child.

(c) An order suspending a license with a stay of the suspension

may not be served on the licensing authority unless the stay is

revoked as provided by this chapter.

(d) A final order suspending license rendered by a court or the

Title IV-D agency shall be forwarded to the appropriate licensing

authority by the clerk of the court or Title IV-D agency. The

clerk shall collect from an obligor a fee of $5 for each order

mailed.

(e) If the court or Title IV-D agency renders an order

suspending license, the individual may also be ordered not to

engage in the licensed activity.

(f) If the court or Title IV-D agency finds that the petition

for suspension should be denied, the petition shall be dismissed

without prejudice, and an order suspending license may not be

rendered.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 88, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 8, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 556, Sec. 61, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 724, Sec. 4, eff. Sept. 1, 2001.

Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency

shall consider the allegations of the petition for suspension to

be admitted and shall render an order suspending the license of

an obligor without the requirement of a hearing if the court or

Title IV-D agency determines that the individual failed to

respond to a notice issued under Section 232.006 by:

(1) requesting a hearing; or

(2) appearing at a scheduled hearing.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 25, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 911, Sec. 89, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1023, Sec. 61, eff. Sept. 1, 2001.

Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order

issued by a Title IV-D agency under this chapter is a final

agency decision and is subject to review under the substantial

evidence rule as provided by Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On receipt of

a final order suspending license, the licensing authority shall

immediately determine if the authority has issued a license to

the individual named on the order and, if a license has been

issued:

(1) record the suspension of the license in the licensing

authority's records;

(2) report the suspension as appropriate; and

(3) demand surrender of the suspended license if required by law

for other cases in which a license is suspended.

(b) A licensing authority shall implement the terms of a final

order suspending license without additional review or hearing.

The authority may provide notice as appropriate to the license

holder or to others concerned with the license.

(c) A licensing authority may not modify, remand, reverse,

vacate, or stay an order suspending license issued under this

chapter and may not review, vacate, or reconsider the terms of a

final order suspending license.

(d) An individual who is the subject of a final order suspending

license is not entitled to a refund for any fee or deposit paid

to the licensing authority.

(e) An individual who continues to engage in the business,

occupation, profession, or other licensed activity after the

implementation of the order suspending license by the licensing

authority is liable for the same civil and criminal penalties

provided for engaging in the licensed activity without a license

or while a license is suspended that apply to any other license

holder of that licensing authority.

(f) A licensing authority is exempt from liability to a license

holder for any act authorized under this chapter performed by the

authority.

(g) Except as provided by this chapter, an order suspending

license or dismissing a petition for the suspension of a license

does not affect the power of a licensing authority to grant,

deny, suspend, revoke, terminate, or renew a license.

(h) The denial or suspension of a driver's license under this

chapter is governed by this chapter and not by the general

licensing provisions of Chapter 521, Transportation Code.

(i) An order issued under this chapter to suspend a license

applies to each license issued by the licensing authority subject

to the order for which the obligor is eligible. The licensing

authority may not issue or renew any other license for the

obligor until the court or the Title IV-D agency renders an order

vacating or staying an order suspending license.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.184, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 90, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 62, eff. Sept. 1,

2001.

Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee, support

enforcement agency, court, or Title IV-D agency may file a motion

to revoke the stay of an order suspending license if the

individual who is subject of an order suspending license does not

comply with:

(1) the terms of a reasonable repayment plan entered into by the

individual;

(2) the requirements of a reissued subpoena; or

(3) the terms of any court order pertaining to the possession of

or access to a child.

(b) Notice to the individual of a motion to revoke stay under

this section may be given by personal service or by mail to the

address provided by the individual, if any, in the order

suspending license. The notice must include a notice of hearing.

The notice must be provided to the individual not less than 10

days before the date of the hearing.

(c) A motion to revoke stay must allege the manner in which the

individual failed to comply with the repayment plan, the reissued

subpoena, or the court order pertaining to possession of or

access to a child.

(d) If the court or Title IV-D agency finds that the individual

is not in compliance with the terms of the repayment plan,

reissued subpoena, or court order pertaining to possession of or

access to a child, the court or agency shall revoke the stay of

the order suspending license and render a final order suspending

license.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 91, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 724, Sec. 5, eff. Sept. 1, 2001.

Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE. (a)

The court or Title IV-D agency may render an order vacating or

staying an order suspending an individual's license if:

(1) the individual has:

(A) paid all delinquent child support or has established a

satisfactory payment record;

(B) complied with the requirements of a reissued subpoena; or

(C) complied with the terms of any court order providing for the

possession of or access to a child; or

(2) the court or Title IV-D agency determines that good cause

exists for vacating or staying the order.

(b) The clerk of the court or Title IV-D agency shall promptly

deliver an order vacating or staying an order suspending license

to the appropriate licensing authority. The clerk shall collect

from an obligor a fee of $5 for each order mailed.

(c) On receipt of an order vacating or staying an order

suspending license, the licensing authority shall promptly issue

the affected license to the individual if the individual is

otherwise qualified for the license.

(d) An order rendered under this section does not affect the

right of the child support agency or obligee to any other remedy

provided by law, including the right to seek relief under this

chapter. An order rendered under this section does not affect the

power of a licensing authority to grant, deny, suspend, revoke,

terminate, or renew a license as otherwise provided by law.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 92, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 9, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 724, Sec. 6, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 610, Sec. 16, eff. Sept. 1, 2003.

Sec. 232.0135. DENIAL OF LICENSE 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 for six months or more that requests the authority

to refuse to accept an application for renewal of the license of

the obligor.

(b) A licensing authority that receives the information

described by Subsection (a) shall refuse to accept an application

for renewal of the 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) established with the agency a satisfactory repayment

schedule 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 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 accept the

obligor's application for license 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 accept the obligor's application for 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 renewal may

not be accepted 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, Sec. 55, eff. September 1, 2007.

Sec. 232.014. FEE BY LICENSING AUTHORITY. (a) A licensing

authority may charge a fee to an individual who is the subject of

an order suspending license or of an action of a child support

agency under Section 232.0135 to deny renewal of license in an

amount sufficient to recover the administrative costs incurred by

the authority under this chapter.

(b) A fee collected by the Texas Department of Motor Vehicles or

the Department of Public Safety shall be deposited to the credit

of the state highway fund.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 93, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 56, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3C.03, eff. September 1, 2009.

Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND

TITLE IV-D AGENCY. (a) The Title IV-D agency may request from

each licensing authority the name, address, social security

number, license renewal date, and other identifying information

for each individual who holds, applies for, or renews a license

issued by the authority.

(b) A licensing authority shall provide the requested

information in the form and manner identified by the Title IV-D

agency.

(c) The Title IV-D agency may enter into a cooperative agreement

with a licensing authority to administer this chapter in a

cost-effective manner.

(d) The Title IV-D agency may adopt a reasonable implementation

schedule for the requirements of this section.

(e) The Title IV-D agency, the comptroller, and the Texas

Alcoholic Beverage Commission shall by rule specify additional

prerequisites for the suspension of licenses relating to state

taxes collected under Title 2, Tax Code. The joint rules must be

adopted not later than March 1, 1996.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 63, eff.

Sept. 1, 2001.

Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D

agency by rule shall prescribe forms and procedures for the

implementation of this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-232-suspension-of-license

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

Sec. 232.001. DEFINITIONS. In this chapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization that:

(A) is issued by a licensing authority;

(B) is subject before expiration to renewal, suspension,

revocation, forfeiture, or termination by a licensing authority;

and

(C) a person must obtain to:

(i) practice or engage in a particular business, occupation, or

profession;

(ii) operate a motor vehicle on a public highway in this state;

or

(iii) engage in any other regulated activity, including hunting,

fishing, or other recreational activity for which a license or

permit is required.

(2) "Licensing authority" means a department, commission, board,

office, or other agency of the state or a political subdivision

of the state that issues or renews a license or that otherwise

has authority to suspend or refuse to renew a license.

(3) "Order suspending license" means an order issued by the

Title IV-D agency or a court directing a licensing authority to

suspend or refuse to renew a license.

(4) "Subpoena" means a judicial or administrative subpoena

issued in a parentage determination or child support proceeding

under this title.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 82, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 58, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 50, eff. September 1, 2007.

Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. Unless

otherwise restricted or exempted, all licensing authorities are

subject to this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.22, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1280, Sec. 1.02, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1288, Sec. 2, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1254, Sec. 4, eff. Sept. 1, 1999; Acts

1999, 76th Leg., ch. 1477, Sec. 23, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 394, Sec. 2, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 553, Sec. 2.003, eff. Feb. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

798, Sec. 4.01, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 51, eff. September 1, 2007.

Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY

COMMISSION. With respect to the Texas Lottery Commission, this

chapter applies only to a lottery ticket sales agent license

issued under Chapter 466, Government Code.

Added by Acts 2001, 77th Leg., ch. 394, Sec. 3, eff. Sept. 1,

2001.

Sec. 232.0022. SUSPENSION OR NONRENEWAL OF MOTOR VEHICLE

REGISTRATION. (a) The Texas Department of Motor Vehicles is the

appropriate licensing authority for suspension or nonrenewal of a

motor vehicle registration under this chapter.

(b) The suspension or nonrenewal of a motor vehicle registration

under this chapter does not:

(1) encumber the title to the motor vehicle or otherwise affect

the transfer of the title to the vehicle; or

(2) affect the sale, purchase, or registration of the motor

vehicle by a person who holds a general distinguishing number

issued under Chapter 503, Transportation Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 52, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3C.02, eff. September 1, 2009.

Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the Title

IV-D agency may issue an order suspending a license as provided

by this chapter if an individual who is an obligor:

(1) owes overdue child support in an amount equal to or greater

than the total support due for three months under a support

order;

(2) has been provided an opportunity to make payments toward the

overdue child support under a court-ordered or agreed repayment

schedule; and

(3) has failed to comply with the repayment schedule.

(b) A court or the Title IV-D agency may issue an order

suspending a license as provided by this chapter if a parent or

alleged parent has failed, after receiving appropriate notice, to

comply with a subpoena.

(c) A court may issue an order suspending license as provided by

this chapter for an individual for whom a court has rendered an

enforcement order under Chapter 157 finding that the individual

has failed to comply with the terms of a court order providing

for the possession of or access to a child.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995;

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 22, 23, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 83, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 556, Sec. 59, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 724, Sec. 2, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 1023, Sec. 59, eff. Sept. 1, 2001.

Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A child

support agency or obligee may file a petition to suspend, as

provided by this chapter, a license of an obligor who has an

arrearage equal to or greater than the total support due for

three months under a support order.

(b) In a Title IV-D case, the petition shall be filed with the

Title IV-D agency, the court of continuing jurisdiction, or the

tribunal in which a child support order has been registered under

Chapter 159. The tribunal in which the petition is filed obtains

jurisdiction over the matter.

(c) In a case other than a Title IV-D case, the petition shall

be filed in the court of continuing jurisdiction or the court in

which a child support order has been registered under Chapter

159.

(d) A proceeding in a case filed with the Title IV-D agency

under this chapter is governed by the contested case provisions

of Chapter 2001, Government Code, except that Section 2001.054

does not apply to the proceeding. The director of the Title IV-D

agency or the director's designee may render a final decision in

a contested case proceeding under this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 24, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 911, Sec. 84, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 556, Sec. 60, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 53, eff. September 1, 2007.

Sec. 232.005. CONTENTS OF PETITION. (a) A petition under this

chapter must state that license suspension is required under

Section 232.003 and allege:

(1) the name and, if known, social security number of the

individual;

(2) the name of the licensing authority that issued a license

the individual is believed to hold; and

(3) the amount of arrearages owed under the child support order

or the facts associated with the individual's failure to comply

with:

(A) a subpoena; or

(B) the terms of a court order providing for the possession of

or access to a child.

(b) A petition under this chapter may include as an attachment a

copy of:

(1) the record of child support payments maintained by the Title

IV-D registry or local registry;

(2) the subpoena with which the individual has failed to comply,

together with proof of service of the subpoena; or

(3) with respect to a petition for suspension under Section

232.003(c):

(A) the enforcement order rendered under Chapter 157 describing

the manner in which the individual was found to have not complied

with the terms of a court order providing for the possession of

or access to a child; and

(B) the court order containing the provisions that the

individual was found to have violated.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 85, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 724, Sec. 3, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1023, Sec. 60, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 29, eff. June 19, 2009.

Sec. 232.006. NOTICE. (a) On the filing of a petition under

Section 232.004, the clerk of the court or the Title IV-D agency

shall deliver to the individual:

(1) notice of the individual's right to a hearing before the

court or agency;

(2) notice of the deadline for requesting a hearing; and

(3) a hearing request form if the proceeding is in a Title IV-D

case.

(b) Notice under this section may be served:

(1) if the party has been ordered under Chapter 105 to provide

the court and registry with the party's current mailing address,

by mailing a copy of the notice to the respondent, together with

a copy of the petition, by first class mail to the last mailing

address of the respondent on file with the court and the state

case registry; or

(2) as in civil cases generally.

(c) The notice must contain the following prominently displayed

statement in boldfaced type, capital letters, or underlined:

"AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS BEEN

FILED AS PROVIDED BY CHAPTER 232, TEXAS FAMILY CODE. YOU MAY

EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR

YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER

THE DATE OF SERVICE OF THIS NOTICE, AN ORDER SUSPENDING YOUR

LICENSE MAY BE RENDERED."

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 86, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 7, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 178, Sec. 11, eff. Aug. 30, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 54, eff. September 1, 2007.

Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a) A

request for a hearing and motion to stay suspension must be filed

with the court or Title IV-D agency by the individual not later

than the 20th day after the date of service of the notice under

Section 232.006.

(b) If a request for a hearing is filed, the court or Title IV-D

agency shall:

(1) promptly schedule a hearing;

(2) notify each party of the date, time, and location of the

hearing; and

(3) stay suspension pending the hearing.

(c) In a case involving support arrearages, a record of child

support payments made by the Title IV-D agency or a local

registry is evidence of whether the payments were made. A copy of

the record appearing regular on its face shall be admitted as

evidence at a hearing under this chapter, including a hearing on

a motion to revoke a stay. Either party may offer controverting

evidence.

(d) In a case in which an individual has failed to comply with a

subpoena, proof of service is evidence of delivery of the

subpoena.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 87, eff. Sept. 1,

1997.

Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY CHILD

SUPPORT. (a) On making the findings required by Section

232.003, the court or Title IV-D agency shall render an order

suspending the license unless the individual:

(1) proves that all arrearages and the current month's support

have been paid;

(2) shows good cause for failure to comply with the subpoena or

the terms of the court order providing for the possession of or

access to a child; or

(3) establishes an affirmative defense as provided by Section

157.008(c).

(b) The court or Title IV-D agency may stay an order suspending

a license conditioned on the individual's compliance with:

(1) a reasonable repayment schedule that is incorporated in the

order;

(2) the requirements of a reissued and delivered subpoena; or

(3) the requirements of any court order pertaining to the

possession of or access to a child.

(c) An order suspending a license with a stay of the suspension

may not be served on the licensing authority unless the stay is

revoked as provided by this chapter.

(d) A final order suspending license rendered by a court or the

Title IV-D agency shall be forwarded to the appropriate licensing

authority by the clerk of the court or Title IV-D agency. The

clerk shall collect from an obligor a fee of $5 for each order

mailed.

(e) If the court or Title IV-D agency renders an order

suspending license, the individual may also be ordered not to

engage in the licensed activity.

(f) If the court or Title IV-D agency finds that the petition

for suspension should be denied, the petition shall be dismissed

without prejudice, and an order suspending license may not be

rendered.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 88, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 8, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 556, Sec. 61, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 724, Sec. 4, eff. Sept. 1, 2001.

Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency

shall consider the allegations of the petition for suspension to

be admitted and shall render an order suspending the license of

an obligor without the requirement of a hearing if the court or

Title IV-D agency determines that the individual failed to

respond to a notice issued under Section 232.006 by:

(1) requesting a hearing; or

(2) appearing at a scheduled hearing.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 25, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 911, Sec. 89, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1023, Sec. 61, eff. Sept. 1, 2001.

Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order

issued by a Title IV-D agency under this chapter is a final

agency decision and is subject to review under the substantial

evidence rule as provided by Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On receipt of

a final order suspending license, the licensing authority shall

immediately determine if the authority has issued a license to

the individual named on the order and, if a license has been

issued:

(1) record the suspension of the license in the licensing

authority's records;

(2) report the suspension as appropriate; and

(3) demand surrender of the suspended license if required by law

for other cases in which a license is suspended.

(b) A licensing authority shall implement the terms of a final

order suspending license without additional review or hearing.

The authority may provide notice as appropriate to the license

holder or to others concerned with the license.

(c) A licensing authority may not modify, remand, reverse,

vacate, or stay an order suspending license issued under this

chapter and may not review, vacate, or reconsider the terms of a

final order suspending license.

(d) An individual who is the subject of a final order suspending

license is not entitled to a refund for any fee or deposit paid

to the licensing authority.

(e) An individual who continues to engage in the business,

occupation, profession, or other licensed activity after the

implementation of the order suspending license by the licensing

authority is liable for the same civil and criminal penalties

provided for engaging in the licensed activity without a license

or while a license is suspended that apply to any other license

holder of that licensing authority.

(f) A licensing authority is exempt from liability to a license

holder for any act authorized under this chapter performed by the

authority.

(g) Except as provided by this chapter, an order suspending

license or dismissing a petition for the suspension of a license

does not affect the power of a licensing authority to grant,

deny, suspend, revoke, terminate, or renew a license.

(h) The denial or suspension of a driver's license under this

chapter is governed by this chapter and not by the general

licensing provisions of Chapter 521, Transportation Code.

(i) An order issued under this chapter to suspend a license

applies to each license issued by the licensing authority subject

to the order for which the obligor is eligible. The licensing

authority may not issue or renew any other license for the

obligor until the court or the Title IV-D agency renders an order

vacating or staying an order suspending license.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.184, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 90, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 62, eff. Sept. 1,

2001.

Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee, support

enforcement agency, court, or Title IV-D agency may file a motion

to revoke the stay of an order suspending license if the

individual who is subject of an order suspending license does not

comply with:

(1) the terms of a reasonable repayment plan entered into by the

individual;

(2) the requirements of a reissued subpoena; or

(3) the terms of any court order pertaining to the possession of

or access to a child.

(b) Notice to the individual of a motion to revoke stay under

this section may be given by personal service or by mail to the

address provided by the individual, if any, in the order

suspending license. The notice must include a notice of hearing.

The notice must be provided to the individual not less than 10

days before the date of the hearing.

(c) A motion to revoke stay must allege the manner in which the

individual failed to comply with the repayment plan, the reissued

subpoena, or the court order pertaining to possession of or

access to a child.

(d) If the court or Title IV-D agency finds that the individual

is not in compliance with the terms of the repayment plan,

reissued subpoena, or court order pertaining to possession of or

access to a child, the court or agency shall revoke the stay of

the order suspending license and render a final order suspending

license.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 91, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 724, Sec. 5, eff. Sept. 1, 2001.

Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE. (a)

The court or Title IV-D agency may render an order vacating or

staying an order suspending an individual's license if:

(1) the individual has:

(A) paid all delinquent child support or has established a

satisfactory payment record;

(B) complied with the requirements of a reissued subpoena; or

(C) complied with the terms of any court order providing for the

possession of or access to a child; or

(2) the court or Title IV-D agency determines that good cause

exists for vacating or staying the order.

(b) The clerk of the court or Title IV-D agency shall promptly

deliver an order vacating or staying an order suspending license

to the appropriate licensing authority. The clerk shall collect

from an obligor a fee of $5 for each order mailed.

(c) On receipt of an order vacating or staying an order

suspending license, the licensing authority shall promptly issue

the affected license to the individual if the individual is

otherwise qualified for the license.

(d) An order rendered under this section does not affect the

right of the child support agency or obligee to any other remedy

provided by law, including the right to seek relief under this

chapter. An order rendered under this section does not affect the

power of a licensing authority to grant, deny, suspend, revoke,

terminate, or renew a license as otherwise provided by law.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 92, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 9, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 724, Sec. 6, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 610, Sec. 16, eff. Sept. 1, 2003.

Sec. 232.0135. DENIAL OF LICENSE 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 for six months or more that requests the authority

to refuse to accept an application for renewal of the license of

the obligor.

(b) A licensing authority that receives the information

described by Subsection (a) shall refuse to accept an application

for renewal of the 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) established with the agency a satisfactory repayment

schedule 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 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 accept the

obligor's application for license 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 accept the obligor's application for 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 renewal may

not be accepted 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, Sec. 55, eff. September 1, 2007.

Sec. 232.014. FEE BY LICENSING AUTHORITY. (a) A licensing

authority may charge a fee to an individual who is the subject of

an order suspending license or of an action of a child support

agency under Section 232.0135 to deny renewal of license in an

amount sufficient to recover the administrative costs incurred by

the authority under this chapter.

(b) A fee collected by the Texas Department of Motor Vehicles or

the Department of Public Safety shall be deposited to the credit

of the state highway fund.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 93, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 56, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3C.03, eff. September 1, 2009.

Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND

TITLE IV-D AGENCY. (a) The Title IV-D agency may request from

each licensing authority the name, address, social security

number, license renewal date, and other identifying information

for each individual who holds, applies for, or renews a license

issued by the authority.

(b) A licensing authority shall provide the requested

information in the form and manner identified by the Title IV-D

agency.

(c) The Title IV-D agency may enter into a cooperative agreement

with a licensing authority to administer this chapter in a

cost-effective manner.

(d) The Title IV-D agency may adopt a reasonable implementation

schedule for the requirements of this section.

(e) The Title IV-D agency, the comptroller, and the Texas

Alcoholic Beverage Commission shall by rule specify additional

prerequisites for the suspension of licenses relating to state

taxes collected under Title 2, Tax Code. The joint rules must be

adopted not later than March 1, 1996.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 63, eff.

Sept. 1, 2001.

Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D

agency by rule shall prescribe forms and procedures for the

implementation of this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-232-suspension-of-license

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

Sec. 232.001. DEFINITIONS. In this chapter:

(1) "License" means a license, certificate, registration,

permit, or other authorization that:

(A) is issued by a licensing authority;

(B) is subject before expiration to renewal, suspension,

revocation, forfeiture, or termination by a licensing authority;

and

(C) a person must obtain to:

(i) practice or engage in a particular business, occupation, or

profession;

(ii) operate a motor vehicle on a public highway in this state;

or

(iii) engage in any other regulated activity, including hunting,

fishing, or other recreational activity for which a license or

permit is required.

(2) "Licensing authority" means a department, commission, board,

office, or other agency of the state or a political subdivision

of the state that issues or renews a license or that otherwise

has authority to suspend or refuse to renew a license.

(3) "Order suspending license" means an order issued by the

Title IV-D agency or a court directing a licensing authority to

suspend or refuse to renew a license.

(4) "Subpoena" means a judicial or administrative subpoena

issued in a parentage determination or child support proceeding

under this title.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 82, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 58, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 50, eff. September 1, 2007.

Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. Unless

otherwise restricted or exempted, all licensing authorities are

subject to this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.22, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1280, Sec. 1.02, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1288, Sec. 2, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1254, Sec. 4, eff. Sept. 1, 1999; Acts

1999, 76th Leg., ch. 1477, Sec. 23, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 394, Sec. 2, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 553, Sec. 2.003, eff. Feb. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

798, Sec. 4.01, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 51, eff. September 1, 2007.

Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY

COMMISSION. With respect to the Texas Lottery Commission, this

chapter applies only to a lottery ticket sales agent license

issued under Chapter 466, Government Code.

Added by Acts 2001, 77th Leg., ch. 394, Sec. 3, eff. Sept. 1,

2001.

Sec. 232.0022. SUSPENSION OR NONRENEWAL OF MOTOR VEHICLE

REGISTRATION. (a) The Texas Department of Motor Vehicles is the

appropriate licensing authority for suspension or nonrenewal of a

motor vehicle registration under this chapter.

(b) The suspension or nonrenewal of a motor vehicle registration

under this chapter does not:

(1) encumber the title to the motor vehicle or otherwise affect

the transfer of the title to the vehicle; or

(2) affect the sale, purchase, or registration of the motor

vehicle by a person who holds a general distinguishing number

issued under Chapter 503, Transportation Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 52, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3C.02, eff. September 1, 2009.

Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the Title

IV-D agency may issue an order suspending a license as provided

by this chapter if an individual who is an obligor:

(1) owes overdue child support in an amount equal to or greater

than the total support due for three months under a support

order;

(2) has been provided an opportunity to make payments toward the

overdue child support under a court-ordered or agreed repayment

schedule; and

(3) has failed to comply with the repayment schedule.

(b) A court or the Title IV-D agency may issue an order

suspending a license as provided by this chapter if a parent or

alleged parent has failed, after receiving appropriate notice, to

comply with a subpoena.

(c) A court may issue an order suspending license as provided by

this chapter for an individual for whom a court has rendered an

enforcement order under Chapter 157 finding that the individual

has failed to comply with the terms of a court order providing

for the possession of or access to a child.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995;

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 22, 23, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 83, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 556, Sec. 59, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 724, Sec. 2, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 1023, Sec. 59, eff. Sept. 1, 2001.

Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A child

support agency or obligee may file a petition to suspend, as

provided by this chapter, a license of an obligor who has an

arrearage equal to or greater than the total support due for

three months under a support order.

(b) In a Title IV-D case, the petition shall be filed with the

Title IV-D agency, the court of continuing jurisdiction, or the

tribunal in which a child support order has been registered under

Chapter 159. The tribunal in which the petition is filed obtains

jurisdiction over the matter.

(c) In a case other than a Title IV-D case, the petition shall

be filed in the court of continuing jurisdiction or the court in

which a child support order has been registered under Chapter

159.

(d) A proceeding in a case filed with the Title IV-D agency

under this chapter is governed by the contested case provisions

of Chapter 2001, Government Code, except that Section 2001.054

does not apply to the proceeding. The director of the Title IV-D

agency or the director's designee may render a final decision in

a contested case proceeding under this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 24, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 911, Sec. 84, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 556, Sec. 60, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 53, eff. September 1, 2007.

Sec. 232.005. CONTENTS OF PETITION. (a) A petition under this

chapter must state that license suspension is required under

Section 232.003 and allege:

(1) the name and, if known, social security number of the

individual;

(2) the name of the licensing authority that issued a license

the individual is believed to hold; and

(3) the amount of arrearages owed under the child support order

or the facts associated with the individual's failure to comply

with:

(A) a subpoena; or

(B) the terms of a court order providing for the possession of

or access to a child.

(b) A petition under this chapter may include as an attachment a

copy of:

(1) the record of child support payments maintained by the Title

IV-D registry or local registry;

(2) the subpoena with which the individual has failed to comply,

together with proof of service of the subpoena; or

(3) with respect to a petition for suspension under Section

232.003(c):

(A) the enforcement order rendered under Chapter 157 describing

the manner in which the individual was found to have not complied

with the terms of a court order providing for the possession of

or access to a child; and

(B) the court order containing the provisions that the

individual was found to have violated.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 85, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 724, Sec. 3, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1023, Sec. 60, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 29, eff. June 19, 2009.

Sec. 232.006. NOTICE. (a) On the filing of a petition under

Section 232.004, the clerk of the court or the Title IV-D agency

shall deliver to the individual:

(1) notice of the individual's right to a hearing before the

court or agency;

(2) notice of the deadline for requesting a hearing; and

(3) a hearing request form if the proceeding is in a Title IV-D

case.

(b) Notice under this section may be served:

(1) if the party has been ordered under Chapter 105 to provide

the court and registry with the party's current mailing address,

by mailing a copy of the notice to the respondent, together with

a copy of the petition, by first class mail to the last mailing

address of the respondent on file with the court and the state

case registry; or

(2) as in civil cases generally.

(c) The notice must contain the following prominently displayed

statement in boldfaced type, capital letters, or underlined:

"AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS BEEN

FILED AS PROVIDED BY CHAPTER 232, TEXAS FAMILY CODE. YOU MAY

EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR

YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER

THE DATE OF SERVICE OF THIS NOTICE, AN ORDER SUSPENDING YOUR

LICENSE MAY BE RENDERED."

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 86, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 7, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 178, Sec. 11, eff. Aug. 30, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 54, eff. September 1, 2007.

Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a) A

request for a hearing and motion to stay suspension must be filed

with the court or Title IV-D agency by the individual not later

than the 20th day after the date of service of the notice under

Section 232.006.

(b) If a request for a hearing is filed, the court or Title IV-D

agency shall:

(1) promptly schedule a hearing;

(2) notify each party of the date, time, and location of the

hearing; and

(3) stay suspension pending the hearing.

(c) In a case involving support arrearages, a record of child

support payments made by the Title IV-D agency or a local

registry is evidence of whether the payments were made. A copy of

the record appearing regular on its face shall be admitted as

evidence at a hearing under this chapter, including a hearing on

a motion to revoke a stay. Either party may offer controverting

evidence.

(d) In a case in which an individual has failed to comply with a

subpoena, proof of service is evidence of delivery of the

subpoena.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 87, eff. Sept. 1,

1997.

Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY CHILD

SUPPORT. (a) On making the findings required by Section

232.003, the court or Title IV-D agency shall render an order

suspending the license unless the individual:

(1) proves that all arrearages and the current month's support

have been paid;

(2) shows good cause for failure to comply with the subpoena or

the terms of the court order providing for the possession of or

access to a child; or

(3) establishes an affirmative defense as provided by Section

157.008(c).

(b) The court or Title IV-D agency may stay an order suspending

a license conditioned on the individual's compliance with:

(1) a reasonable repayment schedule that is incorporated in the

order;

(2) the requirements of a reissued and delivered subpoena; or

(3) the requirements of any court order pertaining to the

possession of or access to a child.

(c) An order suspending a license with a stay of the suspension

may not be served on the licensing authority unless the stay is

revoked as provided by this chapter.

(d) A final order suspending license rendered by a court or the

Title IV-D agency shall be forwarded to the appropriate licensing

authority by the clerk of the court or Title IV-D agency. The

clerk shall collect from an obligor a fee of $5 for each order

mailed.

(e) If the court or Title IV-D agency renders an order

suspending license, the individual may also be ordered not to

engage in the licensed activity.

(f) If the court or Title IV-D agency finds that the petition

for suspension should be denied, the petition shall be dismissed

without prejudice, and an order suspending license may not be

rendered.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 88, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 8, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 556, Sec. 61, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 724, Sec. 4, eff. Sept. 1, 2001.

Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency

shall consider the allegations of the petition for suspension to

be admitted and shall render an order suspending the license of

an obligor without the requirement of a hearing if the court or

Title IV-D agency determines that the individual failed to

respond to a notice issued under Section 232.006 by:

(1) requesting a hearing; or

(2) appearing at a scheduled hearing.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 420, Sec. 25, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 911, Sec. 89, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1023, Sec. 61, eff. Sept. 1, 2001.

Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order

issued by a Title IV-D agency under this chapter is a final

agency decision and is subject to review under the substantial

evidence rule as provided by Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On receipt of

a final order suspending license, the licensing authority shall

immediately determine if the authority has issued a license to

the individual named on the order and, if a license has been

issued:

(1) record the suspension of the license in the licensing

authority's records;

(2) report the suspension as appropriate; and

(3) demand surrender of the suspended license if required by law

for other cases in which a license is suspended.

(b) A licensing authority shall implement the terms of a final

order suspending license without additional review or hearing.

The authority may provide notice as appropriate to the license

holder or to others concerned with the license.

(c) A licensing authority may not modify, remand, reverse,

vacate, or stay an order suspending license issued under this

chapter and may not review, vacate, or reconsider the terms of a

final order suspending license.

(d) An individual who is the subject of a final order suspending

license is not entitled to a refund for any fee or deposit paid

to the licensing authority.

(e) An individual who continues to engage in the business,

occupation, profession, or other licensed activity after the

implementation of the order suspending license by the licensing

authority is liable for the same civil and criminal penalties

provided for engaging in the licensed activity without a license

or while a license is suspended that apply to any other license

holder of that licensing authority.

(f) A licensing authority is exempt from liability to a license

holder for any act authorized under this chapter performed by the

authority.

(g) Except as provided by this chapter, an order suspending

license or dismissing a petition for the suspension of a license

does not affect the power of a licensing authority to grant,

deny, suspend, revoke, terminate, or renew a license.

(h) The denial or suspension of a driver's license under this

chapter is governed by this chapter and not by the general

licensing provisions of Chapter 521, Transportation Code.

(i) An order issued under this chapter to suspend a license

applies to each license issued by the licensing authority subject

to the order for which the obligor is eligible. The licensing

authority may not issue or renew any other license for the

obligor until the court or the Title IV-D agency renders an order

vacating or staying an order suspending license.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.184, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 90, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1023, Sec. 62, eff. Sept. 1,

2001.

Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee, support

enforcement agency, court, or Title IV-D agency may file a motion

to revoke the stay of an order suspending license if the

individual who is subject of an order suspending license does not

comply with:

(1) the terms of a reasonable repayment plan entered into by the

individual;

(2) the requirements of a reissued subpoena; or

(3) the terms of any court order pertaining to the possession of

or access to a child.

(b) Notice to the individual of a motion to revoke stay under

this section may be given by personal service or by mail to the

address provided by the individual, if any, in the order

suspending license. The notice must include a notice of hearing.

The notice must be provided to the individual not less than 10

days before the date of the hearing.

(c) A motion to revoke stay must allege the manner in which the

individual failed to comply with the repayment plan, the reissued

subpoena, or the court order pertaining to possession of or

access to a child.

(d) If the court or Title IV-D agency finds that the individual

is not in compliance with the terms of the repayment plan,

reissued subpoena, or court order pertaining to possession of or

access to a child, the court or agency shall revoke the stay of

the order suspending license and render a final order suspending

license.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 91, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 724, Sec. 5, eff. Sept. 1, 2001.

Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE. (a)

The court or Title IV-D agency may render an order vacating or

staying an order suspending an individual's license if:

(1) the individual has:

(A) paid all delinquent child support or has established a

satisfactory payment record;

(B) complied with the requirements of a reissued subpoena; or

(C) complied with the terms of any court order providing for the

possession of or access to a child; or

(2) the court or Title IV-D agency determines that good cause

exists for vacating or staying the order.

(b) The clerk of the court or Title IV-D agency shall promptly

deliver an order vacating or staying an order suspending license

to the appropriate licensing authority. The clerk shall collect

from an obligor a fee of $5 for each order mailed.

(c) On receipt of an order vacating or staying an order

suspending license, the licensing authority shall promptly issue

the affected license to the individual if the individual is

otherwise qualified for the license.

(d) An order rendered under this section does not affect the

right of the child support agency or obligee to any other remedy

provided by law, including the right to seek relief under this

chapter. An order rendered under this section does not affect the

power of a licensing authority to grant, deny, suspend, revoke,

terminate, or renew a license as otherwise provided by law.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 92, eff; Sept. 1,

1997; Acts 1997, 75th Leg., ch. 976, Sec. 9, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 724, Sec. 6, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 610, Sec. 16, eff. Sept. 1, 2003.

Sec. 232.0135. DENIAL OF LICENSE 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 for six months or more that requests the authority

to refuse to accept an application for renewal of the license of

the obligor.

(b) A licensing authority that receives the information

described by Subsection (a) shall refuse to accept an application

for renewal of the 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) established with the agency a satisfactory repayment

schedule 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 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 accept the

obligor's application for license 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 accept the obligor's application for 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 renewal may

not be accepted 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, Sec. 55, eff. September 1, 2007.

Sec. 232.014. FEE BY LICENSING AUTHORITY. (a) A licensing

authority may charge a fee to an individual who is the subject of

an order suspending license or of an action of a child support

agency under Section 232.0135 to deny renewal of license in an

amount sufficient to recover the administrative costs incurred by

the authority under this chapter.

(b) A fee collected by the Texas Department of Motor Vehicles or

the Department of Public Safety shall be deposited to the credit

of the state highway fund.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 911, Sec. 93, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 56, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3C.03, eff. September 1, 2009.

Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND

TITLE IV-D AGENCY. (a) The Title IV-D agency may request from

each licensing authority the name, address, social security

number, license renewal date, and other identifying information

for each individual who holds, applies for, or renews a license

issued by the authority.

(b) A licensing authority shall provide the requested

information in the form and manner identified by the Title IV-D

agency.

(c) The Title IV-D agency may enter into a cooperative agreement

with a licensing authority to administer this chapter in a

cost-effective manner.

(d) The Title IV-D agency may adopt a reasonable implementation

schedule for the requirements of this section.

(e) The Title IV-D agency, the comptroller, and the Texas

Alcoholic Beverage Commission shall by rule specify additional

prerequisites for the suspension of licenses relating to state

taxes collected under Title 2, Tax Code. The joint rules must be

adopted not later than March 1, 1996.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 63, eff.

Sept. 1, 2001.

Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D

agency by rule shall prescribe forms and procedures for the

implementation of this chapter.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1,

1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.