Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,835
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55.605. Protection from Liability; Remittance ofFunds.
(a) An insurer that provides information required by this sub-
chapter or acts in good faith to comply with procedures established by
the CSD for the operation of the program under this subchapter, includ-
ing the remittance of funds as specified under this rule, or [otherwise]
responds to a notice of child support lien or levy under Texas Family
Code Chapter 157, Subchapter G, [Subchapter I Ghapter 575 or acts
in good faith to comply with procedures established in the program tn-
der S23!.0 15] is not liable for those acts under any law to any person;
including, but not limited to, any claims asserted under Chapter 541
or Chapter 542 of the Insurance Code. However an insurer who fails
to comply with a child support lien, including the remittance of funds
as specified under this rule, may be liable to the CSD as the child sup-
port lien claimant in an amount equal to the amount of funds payable
under an insurance claim, not to exceed the amount of the child sup-
port arrearages for which the lien was issued. (See Texas Family Code
157.324) An insurer who has questions or concerns about a child sup-
port lien, including the appropriate remittance of funds under a policy
to which the lien attaches, must contact the Texas Special Collections
Unit, P.O. Box 12027, Austin, Texas 78711-2027, before paying out
any funds under the policy.
(b) An insurer should remit funds in satisfaction of a child sup-
port lien in one of the following ways:
(I) On [is neot liab , upon] receipt of a signed agreement
[made] between the CSD [Chi Supprt Division of the Office of the
Attorney General] and a claimant and/or claimant's attorney, [if] the
insurer should remit [remits] the funds agreed to be paid to satisfy the
child support lien to: Texas State Disbursement Unit, Insurance Inter-
cept, P.O. Box 245996, San Antonio, Texas 78224-5996. The funds
should be made [with the remittane] payable to the Office of the At-
torney General, and the remittance should identify [documentation sub-
mittedineludes] the name of the claimant/obligor and the CSD's [TV-D]
case number(s) as shown on the Notice of Lien.
(2) If the claimant is represented by an attorney but the in-
surer has not received a copy of any signed agreement between the
attorney and the CSD, the insurer must remit all the funds directly to
the claimant's attorney and include the Office of the Attorney General
as a payee to whom the funds are payable.
(3) If the claimant has no attorney and the insurer has not
received a copy of any signed agreement between the claimant and the
CSD, the insurer must remit all the funds to the Texas Special Collec-
tions Unit, P.O. Box 12027, Austin, Texas 78711-2027 with the funds
being made payable to both the Office of the Attorney General and the
claimant and the remittance providing the name of the claimant/obligor
and the CSD's case number(s) as shown on the Notice of Lien.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 20, 2012.
Office of the Attorney General
Earliest possible date of adoption: September 30, 2012
For further information regarding this publication, please contact Diane
Morris, Agency Liaison, at (512) 936-1180.
PART 4. OFFICE OF THE SECRETARY
CHAPTER 95. UNIFORM COMMERCIAL
SUBCHAPTER F. OTHER NOTICES OF LIENS
1 TAC 95.602, 95.607
The Office of the Secretary of State proposes amendments to
95.602 and 95.607, concerning other notices of liens.
The purpose of the amendments of the Uniform Commercial
Code rules is to reflect current filing policies and procedures due
to statutory requirements and to make minor corrections to rule
Randy Moes, Director, has determined that for the first five-year
period the amendments are in effect there will be no fiscal impli-
cations for the state or local government as a result of the rule
Mr. Moes also has determined that for each year of the first
five years the amendments are in effect, the public benefit antic-
ipated will be clarification in matters related to filing of Uniform
Commercial Code documents with the Secretary of State and the
submission of information requests. There will be no effect on
large businesses, small businesses or micro-businesses. There
will be no anticipated economic cost to individuals.
Comments on the proposals may be submitted to Randy Moes,
Director, Uniform Commercial Code Section, P.O. Box 13193,
Austin, Texas 78711-3193. The public comment period ends on
September 28, 2012 at 5:00 p.m.
The amendments are proposed under the authority of 9.501
- 9.527, Texas Business and Commerce Code; 261.001 -
261.012, Texas Business and Commerce Code; 14.001 -
14.007, Texas Property Code; Chapter 128, Texas Agriculture
Code; Chapter 188, Texas Agriculture Code; 42.22, Texas
Code of Criminal Procedure; 70.3031 - 70.307, Texas Prop-
erty Code; 70.401 - 70.410, Texas Property Code; and
51.901 - 51.905, Texas Government Code, which provide the
Secretary of State with the authority to adopt rules necessary
to administer Subchapter E of Chapter 9, Texas Business and
Commerce Code; Chapter 261, Texas Business and Commerce
Code; Chapter 14, Uniform Federal Lien Registration Act;
Subtitle H of Title 5, Texas Agriculture Code; Subtitle E of Title
6, Texas Agriculture Code; Subchapter D of Chapter 70, Texas
Property Code; Subchapter E of Chapter 70, Texas Property
Code; and Subchapter J of Chapter 51, Texas Government
No other statutes, articles or codes are affected by this proposal.
95.602. Notice of Utility Security Instrument.
(a) Filing. A utility security instrument, an instrument that
supplements or amends a utility security instrument, or a statement of
name change, merger, or consolidation will be accepted for filing as
defined in Chapter 261, Texas Business and Commerce Code. A sepa-
rate notice is submitted for each utility security instrument and is filed
and indexed within the UCC information management system. An in-
strument that supplements or amends a utility security instrument, or a
statement of name change, merger, or consolidation is filed and indexed
within the UCC information management system as though it were a
financing statement amendment and must include the identification of
the initial file number (as defined in 9.519(b), Texas Business and
PROPOSED RULES August 31, 2012 37 TexReg 6835
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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/m1/17/: accessed September 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.