Untitled Texas Attorney General Opinion

The Attorney General of Texas AATrOX December 13, 1984 , ,mey Qenerrl Ronorablc Hike Driscoll opinion no. 311-247 Rarria County Attorne]r 1001 Preston, Sulto 634 UC: .- Whether .- rcspoaaibility for --___ Rouaton. Texaa 77ln.u the Ratrio County Child Support Division may be tranaferred from the Juvenile Board to the Domestic Relations Office Dear Mr. Driscoll: You inform us that the Earris County Juvenile Probation ’ 41bwl* AW.. eune lso Department has ‘cstabllshed s Child Support Division. It Is our w.lx. 7ow&2703 understanding that tho Rarris County Juvenile Board has dealgnated the chief ,juvenile probation officer to receive child support payments in Harris County pursuant to section 10(a) of article 5139W, V.T.C.S. t*xrs, SUllO no mton. lx. 77002-3111 In that kegard. you ask: r223sem 1. Is the Child Support Dlviaion, ss it la nov attached to the Rarris County Juvenile Probation Department II ‘child support collection service specifically established by statute’ [within the meaning of section 7(a) of article S142a-1. V.T.C.S.]? JO N. Tenth, SuIta I) .dm.lx 78m.16% 'W4S4? 2. You’ll the collissioners court be allowed to transfer -‘r~t:~ponsibllity for the Child Support Division .from the Juvenile Board to the Domestic 4ah-lPlua. tmt* 400 Relations Office [established pursuant to article &ntonlo.lx ?32052?0? 2338-le. ‘V.rX.S.]? 212254101 The Harris County Coamisaioners Court has only the powers conferred either expressly or by necessary implication ‘by the constitution and statutea of thia atate. See Tex. Conat. art. 0. 518; Cannales’v.%aughlio, 214 S.Y.2d 4S1, 4537%. 1948). We begin with a the *orking lssumptloo that the tollaction of child support payments ln Rarris County uy arguably be governed by articlea 5139W, 5142a-1, and/or 2338-le. V.T.CI.S. We vi11 analyze there statutes to determine vhich:ones actually e,overn this matter. Thus, the ansvera to your questions will depeo,d upon which of these statutes authorizes the collection of child rupport payments In Rerris County. p. 1105 . . . Honorable Hike Driacoll - Page 3 (m-247) See. 2. (a) A domestic relations office established under Ssclios 1 of this article may be lda inia ter byed the Jwrenile bosrd of a county or ulticounty srea or athsnise as provided by the comissioners court. (b) Any domestic wlatlons office currently in existence by statute or trsdition and vhich has been under the conrrol of and governed by a juvenile board by Matute or tradition shall continue to operate under the current admialstra- tion as established b:r such statute or tradltion. . . . . Sec. 7. (a) This article does not apply to a county in which achir5 support collection service is epeciflcally estabzlshed by statute. (b) This arti&! is cumulaiive of other statutes relsting to juvenile boirds and child support collection offices. (c) Another statut:e relating to funds for the operation of a child support office and providing for an additional :!S.ling fee in excess of $5 prevails over this Act to the extent that the other ststute collflicts with the UXbN edditional filing fee provided by this Act. @@hasis added). Id. This statute excepts frnr its application those counties “in Which a child support collect:ltm service is speclficelly established by statute. . . .” V.T.C.S. art. 5142a-1. 17(a). As indicated above, the legislature has establishal the Juvenile Board of Harris County with the duty to “direct vhel:her . . . the chief juvenile probation officer shall receive paymwtr for the support of wives and children. . . .” See V.T.C.S, art. 5139W. 55(f). Accordingly, In response.. to your.. firbt question , YC conclude that the Child Support Divlalon’; of the Rarria County Juvenile Probation Department lstabliahed,pursuant to lrticl.e! 5139W. V.T.C.S.. is a “child aupport collection service : . . spec~lfieally astabliahed by atatute” vithin the meaning of mection 7(a) af article 3142a-1, V.T.C.S. The Rarria Coucty Cocmissioners Court may latablfah s child support collection service only pursuant to article 5139W. V.T.C.S.’ In regard to your second question , the general rule ia that vhen the legislsturs impoaee upon an officer or govermental board the performance of certain acts as part of an official duty, the p. 1107 Honorable Iiike Driscoll - Page 2 (247) The Harris County Juvenile I?robation Department vas lstabliehed in 1965 slong vith the Harris County Juvenile Board by the Texaa Legislature. See V.T.C.S. art. 5139W, 111, 11. Section 10(a) of article 5139Wzs amended in 10’15. provides that the Juvenile Board has the pover -- independently of! the comlssioners court and at its option -- to direct the chief juvenile probation officer to receive child support payments. The only other person the Juvenile Board may authorize under the act to rweive child support payment is the dlatrict clerk. See - V.T.C.S. art. 5139W. 610(b). Section 1 of article 2338-1s. V.T.C.S., provides: Section 1. In counties having a population in excess of 2.000,000, aa shown by the last preceding United States Census, the count commissioners court -pay create a domestiz relations office to pwvide services to eetablish and enforce court orders providing for the support and/or visitation right,s to a child, to establish paternity or legitimation of a child, aod to provide informational services to assist parties affected by a cour’i order la understanding, complying vith, and enforcing the duties and obligations in the court order pertaining to child support and rights of visitation. Upon such creation, said designated county office shall be directly responsible to the commissioners court. The chief admlnistratA,ve officer of the designated county office so created shell be appointed by a majority vote of the comissioners court of the county. (Emphasis adclad). Harris County falla within the: 2.000,OOO population bracket of the statute. He conclude that the dominant purpose of article 2338-le is to authorize the Earrls Count:j Coomissioners Court to establish a Domestic Relations Office to act: as a legal sgency to provide those legal servicas necessary to assist those persone having s legal right to child support snd/or vlsital:l.on privileges. The statute does not authorize the comissioners cod’rt to establish a Domestic Relations Office to function as a collection service to receive and/or distribute child support paymews. A county co~isaloners court io also authorized to establish a Domestic Relations Office pursu,uit to article S142a-1, V.T.C.S., which providea: Section 1. The comnis~ioners court of a county may establish a domestic relstions office vith the p&err and duties as provided in this article. . p. 1106 . Honorable Mike Drieeoll - Page 4 (JR-247) colaissioners Court 1s vithout authority to trsnsfer the performance of that official dutv to any ot’hdr person or body thao that named in the law. See Aldrich v. Dalias C,ti, 167 S.W.Zd 560 (Tex. Civ. App. - Dallas 1922, vrit dlrr~~‘arro County v. Tullos, 237 S.W. 982 (Tex. Civ. APP. - Dallas 1921: vrit ref’d). You ask whether ths Rarris County C~issioners ‘Court is bthorized to transfer responsibility for the Child Sllpport Division of the Harris County Probation Department vhich was created pursuant to article 3139W, V.T.C.S., to the Domestic Relations Office established pursuant to article 2338-18. V.T.C.S. As previously stated, the Domeatic Relations Office, which is directly responsible to the commissioners court. has the duty of providing those legal services necessary to ensure a party’s right to child :support and/or visitation privileges. On the contrary. the Child Support Division of the Harris County Probation Departmeot is administered by the chief juvenile probation officer. but it is responsible to the Harris County Juvenile Board. See Harris County v. Schoenbschew, 594 S.W.Zd 106 (Tex. Clv. App. - Rouston [let Dirt.] 1979, writ re:f’d n.r.e.). Accordingly, the Barris (County Comissioners Court is not authorized to ignore the duties imposed on the Aarris County Juvenile Board to provide a child suppol:t: collection service and transfer the performance of that function to the Domestic Relations Office. S II ti I4 A R Y -- The Child Support Iklvision of the Harris County Juvenile Probation Department vas specifically established by article s139w. V.T.C.S.; accordingly, article !ilbZa-1. V.T.C.S., does not govern the collection of child support payments in Hsrris ‘County. Additionally, the Rarrls County CoPnissioners Court is vithout authority to transfer the Child Support Division from the Juvenile Board to the Domestic Relations Office established pursuant to article 2338-le. V.T.C.S. Attorney General of Texas TOMGREEN First Assistant Attorney Genercll ‘J. 1108 Honorable Hike Drircoll - Pap* 5 (a-247) DAVID R. RICRARDR Executive Aeoirtant Attorney Gen.eral RICK CILPIN chairman, oplnloa comitte* Prepared by Tony Culllory Aaei8tant Attorney General APPROVD: OPINIONCOMHITTSE Rick Gilpin, Cbairmsn Colin Carl Susan Garrlron Tony Guillory Jim Hoellingcr Jennifer Rig@ Nancy Sutton p. 1109