
§ 204.003. TERMS AND CONDITIONS OF CONTRACT.  The 
commissioners court or domestic relations office shall include all 
appropriate terms and conditions in the contract that it determines 
are reasonable to secure the services of a private entity as 
provided by this chapter, including:
		(1)  provisions specifying the services to be provided 
by the entity;       
		(2)  the method, conditions, and amount of compensation 
for the entity;     
		(3)  provisions for the security of funds collected as 
child support, fees, or other amounts under the contract or that 
otherwise provide reasonable assurance to the county of the 
entity's full and faithful performance of the contract;
		(4)  provisions specifying the records to be kept by 
the entity, including any records necessary to fully account for 
all funds received and disbursed as child support, fees, or other 
amounts;
		(5)  requirements governing the inspection, 
verification, audit, or explanation of the entity's accounting or 
other records;
		(6)  the county's right to terminate the contract on 30 
days' notice to the private entity if the private entity engages in 
an ongoing pattern of child support enforcement that constitutes 
wilful and gross misconduct subjecting delinquent obligors to 
unconscionable duress, abuse, or harassment;
		(7)  provisions permitting an obligor and obligee to 
jointly waive the monitoring procedure, if not required by law, by 
written request approved by order of the court having jurisdiction 
of the suit in which the child support order was issued;  and
		(8)  provisions for the disclosure or nondisclosure of 
information or records maintained or known to the entity as a result 
of contract performance, including a requirement for the private 
entity to:
			(A)  disclose to any child support obligor that 
the private entity is attempting to enforce the obligor's child 
support obligation;  and
			(B)  make no disclosure of the information or 
records other than in furtherance of the effort to enforce the child 
support order.

Added by Acts 1997, 75th Leg., ch. 1053, § 1, eff. Sept. 1, 1997.  
Redesignated from V.T.C.A., Human Resources Code § 153.003 and 
amended by Acts 1999, 76th Leg., ch. 118, § 1, eff. Sept. 1, 
1999.

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Last modified: August 10, 2007