Texas Finance Code Title 5, Chapter 396 - Private Child Support Enforcement Agencies

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B POWERS AND DUTIES OF DEPARTMENT

• Texas Section 396.001 - Definitions
  In this chapter: (1) "Child support enforcement" means an action, conduct, or practice in enforcing, or in soliciting for enforcement, a child support obligation, including...
• Texas Section 396.051 - Administrative And Rulemaking Authority
  (a) The department shall administer this chapter. (b) The Finance Commission of Texas shall adopt rules as necessary for the administration of this chapter. Added...
• Texas Section 396.052 - Filing Fee
  (a) The department shall charge each applicant for a certificate of registration, or renewal of a certificate, a nonrefundable fee of $500 for each certificate....

SUBCHAPTER C REGISTRATION

• Texas Section 396.053 - Cost Of Regulation
  The department may charge each registered private child support enforcement agency an annual fee not to exceed $500 to cover the cost of enforcing this...
• Texas Section 396.101 - Registration Required
  Except as otherwise provided by this chapter, a private child support enforcement agency must register with the department to engage in child support enforcement in...
• Texas Section 396.102 - Recognition Of Authorization Issued By Another State
  (a) The department may waive any prerequisite to obtaining a registration for a foreign agency: (1) after reviewing the applicant's credentials and determining that the...
• Texas Section 396.103 - Application Requirements
  (a) An applicant for registration as a private child support enforcement agency must file with the department an application on a form and in the...
• Texas Section 396.104 - Financial And Other Disclosures
  The department shall require an applicant for registration or renewal of registration as a private child support enforcement agency to provide: (1) a certified financial...
• Texas Section 396.105 - Surety Bond Or Other Deposit Required
  (a) An application for registration must be accompanied by a surety bond approved by the department. (b) The surety bond must be: (1) issued by...
• Texas Section 396.106 - Issuance Of Certificate Of Registration
  (a) The department shall issue a certificate of registration and mail the certificate to the applicant on receipt of: (1) a completed application; (2) evidence...
• Texas Section 396.107 - Duty To Update Application Information
  A certificate holder shall notify the department of any material change in the information provided in an application for registration not later than the 60th...

SUBCHAPTER D AUTHORITY OF FOREIGN AGENCY TO ENGAGE IN BUSINESS IN THIS STATE

• Texas Section 396.108 - Term Of Registration; Renewal
  (a) A private child support enforcement agency's certificate of registration expires on the third anniversary of the date of issuance. (b) A certificate of registration...
• Texas Section 396.151 - Application To Operate Under Other Authorization Instead Of Registration
  (a) To engage in business in this state, a foreign agency that is exempt from registration as prescribed by Section 396.102 may file an application...
• Texas Section 396.152 - Acceptance Of Other Authorization Instead Of Registration
  The department shall issue a certificate to operate under another state's authorization in this state to a foreign agency that files an application with the...
• Texas Section 396.153 - Notification Of Updated Information Or Change In Status Of Other Authorization
  Not later than the 30th day after the date on which the change occurs, a foreign private child support enforcement agency that is issued a...

SUBCHAPTER E REQUIRED BUSINESS PRACTICES

• Texas Section 396.154 - Withdrawal Of Approval To Operate Under Other Authorization
  A holder of a certificate issued under this subchapter may not engage in business in this state as a private child support enforcement agency if...
• Texas Section 396.201 - Registration Prerequisite To Suit
  A private child support enforcement agency may not bring an action to enforce a child support obligation in this state unless the agency is registered...
• Texas Section 396.202 - Records
  (a) A registered agency shall maintain records of all child support collections made on behalf of, and disbursed to, a client who is an obligee,...

SUBCHAPTER F PROHIBITED PRACTICES

• Texas Section 396.203 - Contract For Services
  (a) A registered agency and foreign agency authorized to engage in business under this chapter shall execute a written contract for the enforcement of child...
• Texas Section 396.251 - Threats Or Coercion
  (a) In enforcing a child support obligation, a registered agency may not use threats, coercion, or attempts to coerce that employ any of the following...

SUBCHAPTER G ADMINISTRATIVE ENFORCEMENT

• Texas Section 396.252 - Fraudulent, Deceptive, Or Misleading Representations
  In enforcing a child support obligation, a registered agency or employee of the agency may not: (1) identify the registered agency by any name other...
• Texas Section 396.301 - Revocation Of Registration
  (a) After notice and hearing, the department may revoke the registration of a registered agency that: (1) fails to comply with this chapter or a...
• Texas Section 396.302 - Administrative Hearing On Denial, Suspension, Or Revocation Of Registration
  (a) The department may not deny or suspend the registration of a private child support enforcement agency under this chapter without first conducting an administrative...
• Texas Section 396.303 - Bona Fide Error
  A registered agency does not violate this chapter if the action complained of resulted from a bona fide error that occurred notwithstanding the use of...

SUBCHAPTER H CIVIL REMEDIES

• Texas Section 396.304 - Administrative Investigation Of Complaint
  (a) A person may file with the department a written complaint against a registered agency for a violation of this chapter. (b) Not later than...
• Texas Section 396.351 - Civil Action
  (a) In addition to any other remedy provided by this chapter, a person may bring an action for: (1) injunctive relief to enjoin or restrain...
• Texas Section 396.352 - Service Of Process Outside State
  (a) A registered agency that is located in another state or a private child support enforcement agency that engages in the business of child support...
• Texas Section 396.353 - Remedies Under Other Law
  (a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that...

Last modified: September 28, 2016