Suspension of Licenses in Texas

SUSPENSION OF LICENSE Sec. 232.001. DEFINITIONS. In this chapter: (1) "License" means a license, certificate, registration, permit, or other authorization that: (A) is issued by a licensing authority; (B) is subject before expiration to suspension, revocation, forfeiture, or termination by the issuing licensing authority; and (C) a person must obtain to: (i) practice or engage in a particular business, occupation, or profession; (ii) operate a motor vehicle; or (iii) engage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required. (2) "Licensing authority" means a department, commission, board, office, or other agency of the state or a political subdivision of the state that issues a license. (3) "Order suspending license" means an order issued by the Title IV-D agency or a court directing a licensing authority to suspend a license. (4) "Subpoena" means a judicial or administrative subpoena issued in a parentage determination or child support proceeding under this title. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 82, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 58, eff. Sept. 1, 2001. Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The following are licensing authorities subject to this chapter: (1) Department of Agriculture; (2) Texas Alcoholic Beverage Commission; (3) Texas Appraiser Licensing and Certification Board; (4) Texas Board of Architectural Examiners; (5) Texas Board of Chiropractic Examiners; (6) Comptroller of Public Accounts; (7) Court Reporters Certification Board; (8) State Board of Dental Examiners; (9) Texas State Board of Examiners of Dietitians; (10) Texas Funeral Service Commission; (11) Department of State Health Services; (12) Department of Aging and Disability Services; (13) Texas Board of Professional Land Surveying; (14) Texas Department of Licensing and Regulation; (15) Texas State Board of Examiners of Marriage and Family Therapists; (16) Texas State Board of Medical Examiners; (17) Midwifery Board; (18) Texas Commission on Environmental Quality; (19) Board of Nurse Examiners; (20) Texas Board of Occupational Therapy Examiners; (21) Texas Optometry Board; (22) Parks and Wildlife Department; (23) Texas State Board of Examiners of Perfusionists; (24) Texas State Board of Pharmacy; (25) Texas Board of Physical Therapy Examiners; (26) Texas State Board of Plumbing Examiners; (27) Texas State Board of Podiatric Medical Examiners; (28) Polygraph Examiners Board; (29) Texas Private Security Board; (30) Texas State Board of Examiners of Professional Counselors; (31) Texas Board of Professional Engineers; (32) Department of Family and Protective Services; (33) Texas State Board of Examiners of Psychologists; (34) Texas State Board of Public Accountancy; (35) Department of Public Safety of the State of Texas; (36) Public Utility Commission of Texas; (37) Railroad Commission of Texas; (38) Texas Real Estate Commission; (39) State Bar of Texas; (40) Texas State Board of Social Worker Examiners; (41) State Board of Examiners for Speech-Language Pathology and Audiology; (42) Texas Structural Pest Control Board; (43) Board of Tax Professional Examiners; (44) Secretary of State; (45) Supreme Court of Texas; (46) Texas Transportation Commission; (47) State Board of Veterinary Medical Examiners; (48) Texas Ethics Commission; (49) Advisory Board of Athletic Trainers; (50) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments; (51) Texas Board of Licensure for Professional Medical Physicists; (52) Texas Department of Insurance; (53) Texas Board of Orthotics and Prosthetics; (54) savings and loan commissioner; (55) Texas Juvenile Probation Commission; and (56) Texas Lottery Commission under Chapter 466, Government Code. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1280, Sec. 1.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1288, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1254, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 394, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 553, Sec. 2.003, eff. Feb. 1, 2004; Acts 2005, 79th Leg., ch. 798, Sec. 4.01, eff. Sept. 1, 2005. Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY COMMISSION. With respect to the Texas Lottery Commission, this chapter applies only to a lottery ticket sales agent license issued under Chapter 466, Government Code. Added by Acts 2001, 77th Leg., ch. 394, Sec. 3, eff. Sept. 1, 2001. Sec. 232.003. SUSPENSION OF LICENSE. (a) A court or the Title IV-D agency may issue an order suspending a license as provided by this chapter if an individual who is an obligor: (1) owes overdue child support in an amount equal to or greater than the total support due for three months under a support order; (2) has been provided an opportunity to make payments toward the overdue child support under a court-ordered or agreed repayment schedule; and (3) has failed to comply with the repayment schedule. (b) A court or the Title IV-D agency may issue an order suspending a license as provided by this chapter if a parent or alleged parent has failed, after receiving appropriate notice, to comply with a subpoena. (c) A court may issue an order suspending license as provided by this chapter for an individual for whom a court has rendered an enforcement order under Chapter 157 finding that the individual has failed to comply with the terms of a court order providing for the possession of or access to a child. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995; Amended by Acts 1997, 75th Leg., ch. 420, Sec. 22, 23, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 83, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 59, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 724, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 59, eff. Sept. 1, 2001. Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A child support agency or obligee may file a petition to suspend, as provided by this chapter, a license of an obligor who has an arrearage equal to or greater than the total support due for 90 days under a support order. (b) In a Title IV-D case, the petition shall be filed with the Title IV-D agency, the court of continuing jurisdiction, or the tribunal in which a child support order has been registered under Chapter 159. The tribunal in which the petition is filed obtains jurisdiction over the matter. (c) In a case other than a Title IV-D case, the petition shall be filed in the court of continuing jurisdiction or the court in which a child support order has been registered under Chapter 159. (d) A proceeding in a case filed with the Title IV-D agency under this chapter is governed by the contested case provisions of Chapter 2001, Government Code, except that Section 2001.054 does not apply to the proceeding. The director of the Title IV-D agency or the director's designee may render a final decision in a contested case proceeding under this chapter. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 84, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 60, eff. Sept. 1, 1999. Sec. 232.005. CONTENTS OF PETITION. (a) A petition under this chapter must state that license suspension is required under Section 232.003 and allege: (1) the name and, if known, social security number of the individual; (2) with regard to each license, the type, and if known, number of any license the individual is believed to hold and the name of the licensing authority that issued the license; and (3) the amount of arrearages owed under the child support order or the facts associated with the individual's failure to comply with: (A) a subpoena; or (B) the terms of a court order providing for the possession of or access to a child. (b) A petition under this chapter may include as an attachment a copy of: (1) the record of child support payments maintained by the Title IV-D registry or local registry; (2) the subpoena with which the individual has failed to comply, together with proof of service of the subpoena; or (3) with respect to a petition for suspension under Section 232.003(c): (A) the enforcement order rendered under Chapter 157 describing the manner in which the individual was found to have not complied with the terms of a court order providing for the possession of or access to a child; and (B) the court order containing the provisions that the individual was found to have violated. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 85, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 724, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 60, eff. Sept. 1, 2001. Sec. 232.006. NOTICE. (a) On the filing of a petition under Section 232.004, the clerk of the court or the Title IV-D agency shall deliver to the individual: (1) notice of the individual's right to a hearing before the court or agency; (2) notice of the deadline for requesting a hearing; and (3) a hearing request form if the proceeding is in a Title IV-D case. (b) Notice under this section may be served as in civil cases generally. (c) The notice must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined: "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF LICENSE SUSPENSION MAY BE RENDERED." Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 86, eff; Sept. 1, 1997; Acts 1997, 75th Leg., ch. 976, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 178, Sec. 11, eff. Aug. 30, 1999. Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a) A request for a hearing and motion to stay suspension must be filed with the court or Title IV-D agency by the individual not later than the 20th day after the date of service of the notice under Section 232.006. (b) If a request for a hearing is filed, the court or Title IV-D agency shall: (1) promptly schedule a hearing; (2) notify each party of the date, time, and location of the hearing; and (3) stay suspension pending the hearing. (c) In a case involving support arrearages, a record of child support payments made by the Title IV-D agency or a local registry is evidence of whether the payments were made. A copy of the record appearing regular on its face shall be admitted as evidence at a hearing under this chapter, including a hearing on a motion to revoke a stay. Either party may offer controverting evidence. (d) In a case in which an individual has failed to comply with a subpoena, proof of service is evidence of delivery of the subpoena. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 87, eff. Sept. 1, 1997. Sec. 232.008. ORDER SUSPENDING LICENSE FOR FAILURE TO PAY CHILD SUPPORT. (a) On making the findings required by Section 232.003, the court or Title IV-D agency shall render an order suspending the license unless the individual: (1) proves that all arrearages and the current month's support have been paid; (2) shows good cause for failure to comply with the subpoena or the terms of the court order providing for the possession of or access to a child; or (3) establishes an affirmative defense as provided by Section 157.008(c). (b) The court or Title IV-D agency may stay an order suspending a license conditioned on the individual's compliance with: (1) a reasonable repayment schedule that is incorporated in the order; (2) the requirements of a reissued and delivered subpoena; or (3) the requirements of any court order pertaining to the possession of or access to a child. (c) An order suspending a license with a stay of the suspension may not be served on the licensing authority unless the stay is revoked as provided by this chapter. (d) A final order suspending license rendered by a court or the Title IV-D agency shall be forwarded to the appropriate licensing authority by the clerk of the court or Title IV-D agency. The clerk shall collect from an obligor a fee of $5 for each order mailed. (e) If the court or Title IV-D agency renders an order suspending license, the individual may also be ordered not to engage in the licensed activity. (f) If the court or Title IV-D agency finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice, and an order suspending license may not be rendered. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 88, eff; Sept. 1, 1997; Acts 1997, 75th Leg., ch. 976, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 61, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 724, Sec. 4, eff. Sept. 1, 2001. Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending the license of an obligor without the requirement of a hearing if the court or Title IV-D agency determines that the individual failed to respond to a notice issued under Section 232.006 by: (1) requesting a hearing; or (2) appearing at a scheduled hearing. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 25, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 89, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 61, eff. Sept. 1, 2001. Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order issued by a Title IV-D agency under this chapter is a final agency decision and is subject to review under the substantial evidence rule as provided by Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On receipt of a final order suspending license, the licensing authority shall immediately determine if the authority has issued a license to the individual named on the order and, if a license has been issued: (1) record the suspension of the license in the licensing authority's records; (2) report the suspension as appropriate; and (3) demand surrender of the suspended license if required by law for other cases in which a license is suspended. (b) A licensing authority shall implement the terms of a final order suspending license without additional review or hearing. The authority may provide notice as appropriate to the license holder or to others concerned with the license. (c) A licensing authority may not modify, remand, reverse, vacate, or stay an order suspending license issued under this chapter and may not review, vacate, or reconsider the terms of a final order suspending license. (d) An individual who is the subject of a final order suspending license is not entitled to a refund for any fee or deposit paid to the licensing authority. (e) An individual who continues to engage in the business, occupation, profession, or other licensed activity after the implementation of the order suspending license by the licensing authority is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of that licensing authority. (f) A licensing authority is exempt from liability to a license holder for any act authorized under this chapter performed by the authority. (g) Except as provided by this chapter, an order suspending license or dismissing a petition for the suspension of a license does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license. (h) The denial or suspension of a driver's license under this chapter is governed by this chapter and not by the general licensing provisions of Chapter 521, Transportation Code. (i) An order issued under this chapter to suspend a license applies to each license issued by the licensing authority subject to the order for which the obligor is eligible. The licensing authority may not issue or renew any other license for the obligor until the court or the Title IV-D agency renders an order vacating or staying an order suspending license. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.184, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 911, Sec. 90, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1023, Sec. 62, eff. Sept. 1, 2001. Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee, support enforcement agency, court, or Title IV-D agency may file a motion to revoke the stay of an order suspending license if the individual who is subject of an order suspending license does not comply with: (1) the terms of a reasonable repayment plan entered into by the individual; (2) the requirements of a reissued subpoena; or (3) the terms of any court order pertaining to the possession of or access to a child. (b) Notice to the individual of a motion to revoke stay under this section may be given by personal service or by mail to the address provided by the individual, if any, in the order suspending license. The notice must include a notice of hearing. The notice must be provided to the individual not less than 10 days before the date of the hearing. (c) A motion to revoke stay must allege the manner in which the individual failed to comply with the repayment plan, the reissued subpoena, or the court order pertaining to possession of or access to a child. (d) If the court or Title IV-D agency finds that the individual is not in compliance with the terms of the repayment plan, reissued subpoena, or court order pertaining to possession of or access to a child, the court or agency shall revoke the stay of the order suspending license and render a final order suspending license. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 91, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 724, Sec. 5, eff. Sept. 1, 2001. Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE. (a) The court or Title IV-D agency may render an order vacating or staying an order suspending an individual's license if: (1) the individual has: (A) paid all delinquent child support or has established a satisfactory payment record; (B) complied with the requirements of a reissued subpoena; or (C) complied with the terms of any court order providing for the possession of or access to a child; or (2) the court or Title IV-D agency determines that good cause exists for vacating or staying the order. (b) The clerk of the court or Title IV-D agency shall promptly deliver an order vacating or staying an order suspending license to the appropriate licensing authority. The clerk shall collect from an obligor a fee of $5 for each order mailed. (c) On receipt of an order vacating or staying an order suspending license, the licensing authority shall promptly issue the affected license to the individual if the individual is otherwise qualified for the license. (d) An order rendered under this section does not affect the right of the child support agency or obligee to any other remedy provided by law, including the right to seek relief under this chapter. An order rendered under this section does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license as otherwise provided by law. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 92, eff; Sept. 1, 1997; Acts 1997, 75th Leg., ch. 976, Sec. 9, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 724, Sec. 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 16, eff. Sept. 1, 2003. Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing authority may charge a fee to an individual who is the subject of an order suspending license in an amount sufficient to recover the administrative costs incurred by the authority under this chapter. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 93, eff. Sept. 1, 1997. Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND TITLE IV-D AGENCY. (a) The Title IV-D agency may request from each licensing authority the name, address, social security number, license renewal date, and other identifying information for each individual who holds, applies for, or renews a license issued by the authority. (b) A licensing authority shall provide the requested information in the form and manner identified by the Title IV-D agency. (c) The Title IV-D agency may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner. (d) The Title IV-D agency may adopt a reasonable implementation schedule for the requirements of this section. (e) The Title IV-D agency, the comptroller, and the Texas Alcoholic Beverage Commission shall by rule specify additional prerequisites for the suspension of licenses relating to state taxes collected under Title 2, Tax Code. The joint rules must be adopted not later than March 1, 1996. Added by Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 63, eff. Sept. 1, 2001. Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D agency by rule shall prescribe forms and procedures for the implementation of this chapter. Added by Acts 1995, 74th Leg., ch. 655, Sec. 5.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 85, eff. Sept. 1, 1995.