Texas Finance Code 396.001 – Definitions
Terms Used In Texas Finance Code 396.001
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
In this chapter:
(1) “Child support enforcement” means an action, conduct, or practice in enforcing, or in soliciting for enforcement, a child support obligation, including the collection of an amount owed under a child support obligation.
(2) “Child support obligation” means an obligation for the payment of financial support for a child under an order or writ issued by a court or other tribunal.
(3) “Department” means the Texas Department of Banking.
(4) “Foreign agency” means a private child support enforcement agency that engages in business in this state solely by use of telephone, mail, the Internet, facsimile transmission, or any other means of interstate communication.
(5) “Obligee” means the person identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor’s amounts of ordered child support are due.
(6) “Obligor” means the person identified in an order for child support issued by a court or other tribunal as the individual required to make payment under the terms of a support order for a child.
(7) “Private child support enforcement agency” means an individual or nongovernmental entity who engages in the enforcement of child support ordered by a court or other tribunal for a fee or other consideration. The term includes a foreign agency. The term does not include:
(A) an attorney enforcing a child support obligation on behalf of, and in the name of, a client unless the attorney has an employee who is not an attorney and who on behalf of the attorney:
(i) regularly solicits for child support enforcement; or
(ii) regularly contacts child support obligees or obligors for the purpose of child support enforcement;
(B) a state agency designated to serve as the state’s Title IV-D agency in accordance with Part D, Title IV, Social Security Act (42 U.S.C. § 651 et seq.), as amended; or
(C) a contractor awarded a contract to engage in child support enforcement on behalf of a governmental agency, including a contractor awarded a contract by a political subdivision of this or another state that is authorized by law to enforce a child support obligation.
(8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(3), eff. September 1, 2019.