PART 3. OFFICE OF THE ATTORNEY GENERAL
CHAPTER 55. CHILD SUPPORT ENFORCEMENT
SUBCHAPTER D. FORMS FOR CHILD SUPPORT ENFORCEMENT
The Office of the Attorney General (OAG) Child Support Division proposes an amendment to 1 TAC §55.119(a) regarding the OMB form number for a Notice of Lien.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
This proposed amendment updates the OMB form number for the federal Notice of Lien form from Form OMB 0970-0153 to Form OMB 0970-152.
SECTION SUMMARY
The OAG proposes to amend §55.119(a) to change the OMB form number referenced in the code from Form OMB 0970-0153 to Form OMB 0970-0152.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Ruth Anne Thornton, Director of Child Support (IV-D Director), has determined that for the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section.
PUBLIC BENEFIT AND COST
Ms. Thornton has also determined that for each year of the first five years the proposed amendment is in effect, the public will benefit by having the correct form cited in the code. This code references the external-facing OAG website which provides a link to the Notice of Lien OMB# 0970-0152 and reference to 1 TAC §55.119(a). In addition, for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURALCOMMUNITIES
Ms. Thornton has determined that the proposed amendment will not effect small businesses, micro-businesses, and rural communities required to comply with the amendment as proposed. Therefore, no regulatory flexibility analysis is required under Texas Government Code §2006.002.
LOCAL EMPLOYMENT OR ECONOMY IMPACT
Ms. Thornton has determined that the proposed amendment does not have an impact on local employment or economies. Therefore, no local employment or economy impact statement is required under Texas Government Code §2001.022.
GOVERNMENT GROWTH IMPACT STATEMENT
In compliance with Government Code §2001.0221, the OAG has prepared the following government growth impact statement. During the first five years the proposed amendment would be in effect, the proposed rule:
- will not create or eliminate a government program.
- will not require the creation of new employee positions or the elimination of existing employee positions.
- will not require an increase or decrease in future legislative appropriations to the agency.
- will not require an increase or decrease in fees paid to the agency.
- will not create new regulations.
- will not expand, limit, or repeal an existing regulation.
- will not increase or decrease the number of individuals subject to the rule's applicability; and
- will not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The OAG has determined that no private real property interests are affected by the proposed amendment, and the proposed amendment does not restrict, limit, or impose a burden on an owner's rights to his or her private real property which would otherwise exist in the absence of government action. As a result, the proposed amendment does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENT
The Office of Attorney General, Child Support Division, invites comments on the proposed amended rule from any interested persons, including any member of the public. Written comments on this proposed amendment should be submitted to Joel Rogers, Associate Deputy Attorney General for Child Support Legal Services, Child Support Division, Office of the Attorney General, P.O. Box 12017, Mail Code 044, Austin, Texas 78711-2017 or CSD-Tex-Admin-Code@oag.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after the publication of this proposed amendment to be considered.
STATUTORY AUTHORITY
The OAG proposes amendment to 1 TAC §55.119(a) under the authority of Texas Family Code §§231.001, 231.003. Section 231.001 designates the OAG as the state's Title IV-D agency. Section 231.003 authorizes the Title IV-D agency by rule to promulgate forms and procedures for the implementation of Title IV-D services. Texas Family Code §157.313 provides the contents of child lien, except as provided by subsection (e) which states a notice of lien may be in the form authorized by federal law or regulation. This amendment correctly identifies the authorized federal form for a notice of lien.
CROSS-REFERENCE TO STATUTE
Amendment to 1 TAC §55.119(a) conforms to statutory requirements and supplements Texas Family Code §157.313(e) as authorized by Texas Family Code §§231.001, 231.003.
§55.119.Forms for Notice of Lien, for Release of Child Support Lien, and for Partial Release of Child Support Lien.
(a) The following form is to be filed with the county
clerk of a county in which real or personal property of the obligor
is believed to be located in accordance with the Texas Family Code,
Chapter 157, Subchapter G. Notice of the lien may be given to any
person known to be in possession of real or personal property of the
obligor, and if such notice is given the property may not be paid
over, released, sold, transferred, encumbered, or conveyed without
incurring the penalties provided by the Texas Family Code, §157.324.
The prescribed form for Notice of Lien (Form OMB 0970-0152) [(Form OMB 0970-0153)] can be obtained from the Texas Attorney
General's Child Support Division webpage www.texasattorneygeneral.gov
under Child Support, Forms.
(b) The following form is to be used when the payment in full of all child support, costs, and attorney fees has been made. The prescribed form for Release of Child Support Lien (Form 1854B) can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms.
(c) The following form is to be used when not all child support, costs and attorney fees have been paid but the claimant agrees to release the lien on specific property. The prescribed form for Partial Release of Child Support Lien (Form 1854C) can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 15, 2024.
TRD-202403106
Justin Gordon
General Counsel
Office of the Attorney General
Earliest possible date of adoption: August 25, 2024
For further information, please call: (800) 252-8014