85R4547 MM-D     By: Giddings H.B. No. 1671       A BILL TO BE ENTITLED   AN ACT   relating to child support funds recovered by the Title IV-D agency   on behalf of a child in the conservatorship of the Department of   Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 231.010, Family Code, is   amended to read as follows:          Sec. 231.010.  COOPERATION WITH DEPARTMENT OF FAMILY AND   PROTECTIVE [AND REGULATORY] SERVICES.          SECTION 2.  Section 231.010, Family Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  In this section, "department" means the Department of   Family and Protective [and Regulatory] Services.          (c)  The Title IV-D agency shall work with the department to   identify the amount of child support paid by the parent of a child   in the conservatorship of the department that exceeds the amount of   the foster care maintenance payment paid by the department for the   child.          SECTION 3.  Section 264.109, Family Code, is amended by   amending Subsection (c) and adding Subsection (d) to read as   follows:          (c)  The department and the Title IV-D agency shall execute a   memorandum of understanding for the implementation of the   provisions of this section and for the allocation to [between] the   department [and the agency], consistent with federal laws and   regulations, of any child support funds recovered by the Title IV-D   agency in substitute care cases to reimburse the department for the   cost of foster care maintenance payments. All child support funds   recovered under this section and retained by the department [or the   Title IV-D agency] and any federal matching or incentive funds   resulting from child support collection efforts in substitute care   cases shall be in excess of amounts otherwise appropriated to   [either] the department [or the Title IV-D agency] by the   legislature.          (d)  If the amount of child support funds recovered by the   Title IV-D agency and allocated to the department for a child in the   conservatorship of the department exceeds the amount of the foster   care maintenance payment paid by the department for the child, the   department shall use the excess amount of child support in the   manner it determines will serve the best interests of the child.          SECTION 4.  This Act takes effect September 1, 2017.