Texas Administrative Code

The Title IV-D Agency, in providing services pursuant to state and federal law, may appear as a party at any stage in any legal proceeding, whether or not the agency was a party at trial. Notes 1 Tex. Admin. Code § 55.2 The provisions of this §55.2 adopted to be effective Novembe…

This subchapter applies to hearings conducted by the Title IV-D agency on petitions to suspend licenses pursuant to the authority of the Family Code, Chapter 232. The Administrative Procedure Act, the Government Code, Chapter 2001, Subchapter C, §§2001.051-2001.053, §§2001.055-20…

(a) The Title IV-D agency may assess and collect an annual service fee allowed under Texas Family Code § 231.103(a)(2) and 42 U.S.C. 654(6)(B)(ii) . Beginning October 1, 2019, an annual service fee of $35 will be assessed in full service monitoring and enforcement cases which are…

(a) Written administrative appeals required by these rules must be submitted either by hand delivery or by first class mail in an envelope or wrapper properly addressed, with postage prepaid, to the Office of the Attorney General, Child Support Division, at the address shown on t…

(a) The address for the Office of the Attorney General, Child Support Division, shown on the notice of an intended or actual administrative action is the proper address of record for the submission of a request for administrative review. (b) The address for the complainant shown …

The following form is to be used in IV-D or non-IV-D cases, if there is a delinquency equal to one month's support or income withholding was not previously ordered. The prescribed form for Notice of Application for Judicial Writ of Withholding (Form 1619A) can be obtained from th…

This form is filed by the child support obligor, and prohibits the clerk of the court from delivering the judicial writ of withholding to any employer of the obligor before a hearing is held. The prescribed form for Motion to Stay (Form 1836) can be obtained from the Texas Attorn…

The following form is to be used by an employer of the obligor to request judicial determination as to the applicability of a writ or court order of withholding under the Texas Family Code § 158.205 . "Employer" is broadly defined in the Texas Family Code § 101.012 , to include i…

(a) This form is sent to the obligor by the Title IV-D agency, or a domestic relations office, informing the obligor that withholding has commenced and providing procedures for contesting the withholding. The prescribed form for Notice of Administrative Writ of Withholding (Form …

This form is federally mandated for use in IV-D and non IV-D cases. It is used as a judicial withholding document, when issuing an original withholding order, amended withholding order, or to terminate withholding. The prescribed form for Income Withholding for Support (Form OMB …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Obligee--The person to whom child support is due. (2) Obligor--The person who owes child support. (3) Parties--The parties to a Chap…

(a) The prescribed form for Administrative Notice of Filing of Petition to Suspend License (Form 1832) can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms. (b) The prescribed form for Administrat…

(a) The usual and customary attorney's fees for attorneys representing the state under Section 231.109 of the Texas Family Code is $150 per hour. (b) The reasonable attorney's fees for attorneys representing the state under Section 231.109 of the Texas Family Code is $150 per hou…

The Office of the Attorney General may monitor and conduct, at reasonable times, fiscal and/or program audits of county performance in assessing and billing for costs and fees in IV-D cases. A county must grant the Office of the Attorney General access, without prior notice, to a…

The prescribed form for the Record of Support (Form 1828) for the state case registry can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms. The clerk of the court may provide the state case regist…

Each county may bill the Office of the Attorney General monthly for fees and costs not previously billed. The county must credit the Office of the Attorney General each month for amounts reimbursed to the county by the parties during the proceeding thirty (30) days. Monthly reimb…

(a) The clerk of the court may charge the Office of the Attorney General costs and fees in Title IV-D cases, including a case filed under Chapter 159 of the Texas Family Code. The Title IV-D Agency shall pay only the following costs and fees: (1) filing fees and fees for issuance…

(a) Child support payments being held for disbursement by the state disbursement unit or a local registry may be reported as unclaimed property as outlined in the Texas Property Code. If the location of the person to whom the money is owed is unknown, the Title IV-D agency will c…

(a) The coordinator may be contacted at: (512) 460-6046, 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) The coordinator's office …

(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,…

In computing any period of time prescribed in this subchapter, the period shall begin on the day after the act or event specified and shall end on the last day of the computed period, unless that day is a day when the coordinator's office is closed, in which event the period runs…

(a) Not later than 20 days prior to the hearing, each party shall file with the coordinator, and serve on the other parties, a list of witnesses the party will call at the hearing and copies of any supplemental documentary evidence, not previously filed with the coordinator, to b…

(a) An administrative law judge, including an administrative law judge of the State Office of Administrative Hearings, shall preside at the hearing on the petition. (b) The petitioner is entitled to open and close at the hearing. Notes 1 Tex. Admin. Code § 55.208 The provisions o…

(a) The obligor may request a telephone hearing at the time he or she requests a hearing on the petition as provided in the Request for Hearing form. (b) Failure of the obligor to be available for the telephone hearing, at the telephone number supplied by the obligor, shall resul…

Following the conclusion of the hearing, the administrative law judge, including an administrative law judge of the State Office of Administrative Hearings, as the designee of the director of the Title IV-D agency, will issue a decision and final order. Notes 1 Tex. Admin. Code §…

A party who appeals an order under Chapter 232 shall pay all of the costs of preparation of any original or certified copy of the record of the proceedings that is required to be transmitted to the reviewing court. Notes 1 Tex. Admin. Code § 55.213 The provisions of this §55.213 …

(a) The Coordinator will transmit the final order suspending license to the licensing authority as soon as the final order is enforceable. The Coordinator will transmit the final order using the Notification to Licensing Authority of Order Suspending License form promulgated as a…

(a) Each petition seeking to suspend a license relating to state taxes shall list each license to be suspended by license type and, if applicable, by license number. (b) An order suspending a license issued pursuant to the Tax Code, § 155.041 , shall be served on the agency issui…

(a) A Petition to Suspend License may be dismissed for want of prosecution: (1) if the petition has been on file with the coordinator for more than one calendar year and has not been finally adjudicated within that time; or (2) on failure of any party seeking affirmative relief t…

(a) Cooperation by Temporary Assistance for Needy Families (TANF) Program Recipients. All TANF recipients whose assistance is funded under Title IV, Part A, of the Social Security Act are required to cooperate with the Title IV-D Agency in performing the required IV-D functions s…

Upon approval of a Floating Cabin Replacement Application, a floating cabin permitted under the provisions of this subchapter may be replaced by a floating cabin meeting the requirements of § 55.205 of this title (relating to Identification and Marking Requirements) and Parks and…

All floating cabins required to be permitted under the provisions of Parks and Wildlife Code, Chapter 32, shall be marked as follows. (1) The permit number must be displayed on the outside of the cabin area on two opposite sides. The number shall be attached to or painted in bloc…

Floating Cabins required to be permitted by Parks and Wildlife Code, Chapter 32, shall have sewage disposal devices and equipment meeting the following requirements: (1) A Portable Marine Sanitation Device shall meet the following specifications: (A) The holding tank must be desi…

(a) In addition to refusal of permit renewal under the provisions of § 55.202 (c) of this title (relating to Period of Validity; Renewal and Transfer of Permits), the department may refuse to renew a permit under this subchapter if: (1) an applicant is liable to the state under P…

(a) A floating cabin may not be relocated except on approval of a completed Relocation Application and verification that the proposed location meets the requirements of this subchapter and Parks and Wildlife Code, § 32.107 and § 32.108 . (b) A floating cabin may not be relocated …

This subchapter sets forth the regulations concerning the seizure, care, and disposition of property seized by a game warden or other peace officer pursuant to the provisions of Parks and Wildlife Code, Chapter 12, Subchapter B. Property seized prior to the effective date of this…

(a) The amount of reward granted to eligible applicants may not exceed $1,000 and shall be determined on an individual basis by the coordinator, with the approval of the director of law enforcement, according to a multiple-factor formula approved by the Committee. (b) In the even…

(a) Permits issued under authority of this subchapter are valid only during the yearly period for which they are issued without regard to the date on which the permits are acquired. Each yearly permit period begins on September 1 and ends on August 31. (b) A person possessing a p…

The following words or terms, when used in this subchapter, shall have the following meanings, except where context clearly indicates otherwise: (1) Floating Cabin--means a structure securely moored in the coastal water of this state used for habitation or shelter and not routine…

The officer shall coordinate the scheduling and conduct of the forfeiture hearing with the prosecuting attorney. Notes 31 Tex. Admin. Code § 55.20 The provisions of this §55.20 adopted to be effective March 13, 1996, 21 TexReg 1683.

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Chairman--Chairman of the Operation Game Thief Committee. (2) Committee--The Operation Game Thief Committee. (3) Coordinator--The staff…

(a) Rewards granted to eligible applicants that remain unclaimed for a period of two years from the date granted and approved by the committee shall be terminated and the money returned to the fund. (b) A request from an eligible applicant for a reward that has been terminated ma…

(a) The director shall develop procedures for the acceptance, conversion, and deposit of all donations offered by individuals, clubs, or other organizations. (b) Conversion of donations of real or personal property into United States currency shall be accomplished by the director…

An officer who seizes property shall preserve, protect, and maintain custody of the property pending final disposition pursuant to court order. The officer may take appropriate steps to maintain the value of the property, and reduce the chance of theft or damage. Notes 31 Tex. Ad…

(a) No person other than a person furnishing information to the department that leads to the arrest and conviction of a person for committing a violation of a statute listed in Parks and Wildlife Code, § 12.203 , or a regulation adopted under any of those statutes may be eligible…

(a) Application. (1) A person may apply for a party boat operator license by submitting a completed department-supplied application to the department, accompanied by the fee specified by Chapter 53, Subchapter A of this title (relating to Fees). (2) The department will not issue …

Compromise settlement agreements between insurance carriers and persons claiming benefits under the Texas Workers' Compensation Law are not final until approval by the board (1953). Notes 28 Tex. Admin. Code § 55.10 The provisions of this §55.10 adopted to be effective November 2…