By:  Kamel                                             H.B. No. 400
       73R542 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the prohibition of child support for certain children
    1-3  who do not reside with a parent, managing conservator, or guardian
    1-4  or with another responsible person.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 14.05(a), Family Code, as amended by
    1-7  Chapter 617, Acts of the 71st Legislature, Regular Session, 1989,
    1-8  and Chapter 25, Acts of the 71st Legislature, 1st Called Session,
    1-9  1989, is amended to read as follows:
   1-10        (a)  Except as provided by Subsection (k) of this section,
   1-11  the <The> court may order either or both parents to make periodic
   1-12  payments or, for good cause shown, order a lump-sum payment or
   1-13  purchase an annuity, or any combination of periodic payments,
   1-14  lump-sum payments, or annuity purchases for the support of the
   1-15  child until he or she is 18 years of age in the manner and to or
   1-16  for the benefit of the persons specified by the court in the
   1-17  decree.  The court of continuing exclusive jurisdiction may render
   1-18  an original support order, modify an existing order, or render a
   1-19  new order extending child support past the 18th birthday of the
   1-20  child, whether the request for such an order is filed before or
   1-21  after the child's 18th birthday, if the child is fully enrolled in
   1-22  an accredited secondary school in a program leading toward a high
   1-23  school diploma.  The order for periodic support may provide that
   1-24  payments continue until the end of the school year in which the
    2-1  child graduates.  In addition, the court may order a parent
    2-2  obligated to support a child to set aside property to be
    2-3  administered for the support of the child in the manner and by the
    2-4  persons specified by the court in the decree.  In determining the
    2-5  amount of child support, the court shall be guided by the child
    2-6  support guidelines contained in Sections 14.052 through 14.058 of
    2-7  this chapter for the support of a child.
    2-8        SECTION 2.  Section 14.05, Family Code, is amended by adding
    2-9  Subsection (k) to read as follows:
   2-10        (k)  A court may not order the payment of child support for
   2-11  the benefit of a child who does not reside with the child's parent,
   2-12  managing conservator, or guardian or with another responsible
   2-13  person as a result of a voluntary decision made by the child and
   2-14  not as a result of abuse or neglect as defined by Section 34.012 of
   2-15  this code.
   2-16        SECTION 3.  (a)  This Act applies only to a child support
   2-17  order entered or modified on or after the effective date of this
   2-18  Act.
   2-19        (b)  The enactment of this Act is sufficient by itself to
   2-20  constitute a material and substantial change in the circumstances
   2-21  of a child for whose benefit a child support order has been entered
   2-22  to warrant modification of the order under Section 14.08, Family
   2-23  Code.
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.