PART 3. OFFICE OF THE ATTORNEY GENERAL
CHAPTER 55. CHILD SUPPORT ENFORCEMENT
SUBCHAPTER H. LICENSE SUSPENSION
1 TAC §55.205
The Office of the Attorney General (OAG) Child Support Division adopts amended 1 TAC §55.205(d) which addresses the method of service of notice of an administrative petition to suspend license pursuant to Texas Family Code §232.006. The rule is adopted without changes to the proposed text as published for comment in the June 30, 2023, issue of the Texas Register (48 TexReg 3443). The rule will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
This rule amends §55.205(d) regarding notice of an administrative petition to suspend license. The Legislature, in the 80th Regular Session (2007), added subsection (b)(1) to Texas Family Code §232.006 (S.B. 228), regarding a second method of service in license suspension actions. The first method of notice was "as in civil cases generally." Tex. Fam. Code §232.006(b)(2). The second method authorized that if a party has been ordered under Chapter 105 to provide their current address, notice of license suspension actions may be served by first class mailing. Texas Family Code §232.006(b)(1). This new rule aligns the Texas Administrative Code with the existing Texas Family Code provision, which authorizes service by mail in qualifying cases.
Section 55.205(d), titled "Initiating a Proceeding," is amended to replace the current reference to Texas Rule of Civil Procedure Rule 106 with a new reference to Texas Family Code §232.006 for obtaining service of the notice on the obligor in an action to suspend a license.
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 new rule 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 NOTE
Ms. Thornton has also determined that for each year of the first five years the new rule is in effect, the public will benefit from clarification of the process for notice of an administrative petition to suspend license and unity in both the Texas Family Code and Texas Administrative Code. 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.
IMPACT ON LOCAL EMPLOYMENT OR ECONOMY
Ms. Thornton has determined that the new rule 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.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES
Ms. Thornton has determined there will not be an effect on 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.
TAKINGS IMPACT ASSESSMENT
The OAG has determined that no private real property interests are affected by the new rule, and it 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 new rule does not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
GOVERNMENT GROWTH IMPACT STATEMENT
In compliance with Texas Government Code §2001.0221, the OAG has prepared the following government growth impact statement. During the first five years the new rule 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.
The rule proposal was published in the June 30, 2023 issue of the Texas Register (48 TexReg 3443). The deadline for public comment was July 30, 2023. The OAG did not receive any comments from interested parties on the rule proposal during the 30-day public comment period.
The OAG adopts amended 1 TAC §55.205(d) under the authority of Texas Family Code §§231.001, 231.003, 232.016. 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. Section 232.016 authorizes the Title IV-D agency by rule to promulgate forms and procedures for the implementation of Chapter 232, Suspension of License.
CROSS-REFERENCE TO STATUTE
No other regulations or statutes are affected by this change.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on September 6, 2023.
Office of the Attorney General
Effective date: September 26, 2023
Proposal publication date: June 30, 2023
For further information, please call: (800) 252-8014