Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,832
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cost to persons who are required to comply with the amendments
Comments on the proposed amendments should be submitted to
John O'Connell, Deputy Director, Legal Counsel Division, Child
Support Division, Office of the Attorney General, (physical ad-
dress) 5500 East Oltorf, Austin, Texas 78741 or (mailing ad-
dress) P.O. Box 12017, Mail Code 044, Austin, Texas 78711-
The proposed amendments are authorized under Texas Family
Code Chapters 157 and 231, which provides the Office of the
Attorney General with the authority to prescribe forms and pro-
cedures for the implementation of Texas Family Code Chapter
The proposed amendments implement the Texas Family Code
Chapters 157 and 231.
The following words and terms when used in this subchapter shall have
the following meanings, unless the context clearly indicates otherwise:
(1) "Account" means a demand deposit account, checking
or negotiable withdrawal order account, savings account, time deposit
account, [or money-market] mutual fund account, certificate of deposit,
or any other instrument of deposit in which an individual has a bene-
ficial ownership either in its entirety or on a shared or multiple party
basis, including any accrued interest and dividends.
(2) "Account owner record" means the record used by a fi-
nancial institution to report account owner information including payee
identification information, account balance and account type.
(3) "Account file" means an electronic file submitted to the
Title IV-D agency listing all accounts of the financial institution under
the option provided by Match Method 1 (infra).
(4) "Authorized representative" means an officer or exec-
utive of a financial institution authorized to sign a memorandum of
agreement (infra) on behalf of the institution.
(5) "FEIN" means the federal employer identification num-
(6) "Financial institution" means:
(A) a depository institution, as defined in Section 3(c)
of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B) an institution-affiliated party, as defined in Section
3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u));
(C) any federal credit union or state credit union, as de-
fined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752),
including an institution-affiliated party of such a credit union, as de-
fined in Section 206(r) of such Act (12 U.S.C. 1786(r)); [or]
(D) any benefit association, insurance company, safe
deposit company, [money-market] mutual fund, or similar entity au-
thorized to do business in the State; or[.]
(E) a depository institution holding company, as de-
fined in Section 3(w) of the Federal Deposit Insurance Act (12 U.S.C.
(7) "Financial institution record" means the record used by
a financial institution to report identifying information about the finan-
cial institution including name, address, service bureau and reporting
(8) "Inquiry file" means electronic files sent by the Title
IV-D agency or OCSE (infra) to financial institutions electing to report
under Match Method 2 (infra) that contain records of delinquent child
support obligors that the institution will use to match against its records.
(9) "Match Method 1" means the process used by a finan-
cial institution to submit an electronic file containing all its open ac-
counts to the Title IV-D agency or its agent that is matched against
records of delinquent child support obligors.
(10) "Match Method 2" means the process used by a finan-
cial institution to conduct matches against an inquiry file (supra).
(11) "Match file" means electronic files sent by a financial
institution to the Title IV-D agency or OCSE (infra) that report accounts
matched against an inquiry file supplied by the Title IV-D agency or
OCSE to the financial institution under Match Method 2 (supra).
(12) "Memorandum of agreement" means a form com-
pleted and signed by an authorized representative (supra) and the Title
IV-D agency or its agent for the purpose of exchanging information by
way of an automated data exchange system that serves as the official
agreement between the financial institution and the Title IV-D agency.
(13) "Multi-state financial institution" means any financial
institution operating in two or more states that maintains accounts for
(14) "OCSE" means the Office of Child Support Enforce-
ment within the federal Department of Health and Human Services.
(15) "Record" has the meaning given such term in Section
[section] 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C.
(16) "Reporting agent" means a service provider who has
a contract with a financial institution to report data match information.
(17) "Single-state financial institution" means a financial
institution doing business exclusively within the State or a multi-state
financial institution declining the option to process data matches
(18) "Total record" means the entire file submitted by a fi-
nancial institution to report individual accounts and the dollar amount
associated with each account, the total number of accounts and total
dollar amount of the records contained in the file.
55.556. Liability of Financial Institutions for Disclosure of Infor-
(a) The federal Social Security Act (42 U.S.C. [USG]
666(a)(17)) provides that a financial institution shall not be liable
under any federal or state law to any person:
(1) for any disclosure of information to the State child sup-
port enforcement agency; [,]
(2) for encumbering or surrendering any assets they hold
in response to a notice of lien or levy issued by the state child support
enforcement agency;[,] or
(3) for any other action taken in good faith to comply with
the requirements of Section 466(a)(17)(A) of the Act. Section 469A of
the Act also provides protection from liability for multi-state financial
institutions disclosing information to the federal parent locate service
through the multi-state financial institution data match.
(b) A [Subsection 23 h37(:) of the Texas Family Gode pre-
vides that a] financial institution providing information in compliance
with Texas Family Code 231.307(d) or responding to a notice of child
support lien provided under Texas Family Code Chapter 157, Subchap-
ter G [Subchapter G, Chapter 457], or otherwise acting in good faith
to comply with the Title IV-D agency's procedures under this section
may not be held liable under any federal or state law for any damages
37 TexReg 6832 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/14/: accessed January 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.