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.