By Goodman H.B. No. 1555
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to guidelines for support and possession of a child, the
1-3 establishment and enforcement of child support, the determination
1-4 of paternity, the rights and privileges of a conservator of a child
1-5 and the appointment of a master in certain child support cases.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 13.01, Family Code, is amended by
1-8 amending the section heading and subsection (a) to read as follows:
1-9 Sec. 13.01. <Parties: Time> LIMITATION OF ACTION <Suit>.
1-10 (a) <A suit to establish the parent-child relationship
1-11 between a child who has no presumed father and the child's
1-12 biological father may be brought by the mother, by a man claiming
1-13 to be or possibly to be the father, or by any other person or
1-14 governmental entity having standing to sue under Section 11.03 of
1-15 this code.> A suit to establish paternity may be brought before
1-16 the birth of the child, but must be brought on or before the second
1-17 anniversary of the day the child becomes an adult, or the suit is
1-18 barred.
1-19 SECTION 2. Section 14.02(a), Family Code, is amended to read
1-20 as follows:
1-21 (a) Except as provided in Subsection (d) of this section, a
1-22 parent appointed as sole managing conservator of the child retains
1-23 all the rights, privileges, duties, and powers of a parent except
2-1 the right to establish the child's domicile to the exclusion of the
2-2 other parent, subject to the rights, privileges, duties, and powers
2-3 of a possessory conservator as provided in Section 14.04 of this
2-4 code and to any limitation imposed by court order in allowing
2-5 access to the child.
2-6 SECTION 3. Section 14.055(b), Family Code, is amended to
2-7 read as follows:
2-8 (b) Schedule: $4,000 or Less Monthly Net Resources. In
2-9 rendering an order of child support under circumstances in which
2-10 the obligor's monthly net resources are $4,000 or less, the court
2-11 shall presumptively apply the following schedule:
2-12 CHILD SUPPORT GUIDELINES
2-13 BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
2-14 1 child 20 percent of Obligor's Net Resources
2-15 2 children 25 percent of Obligor's Net Resources
2-16 3 children 30 percent of Obligor's Net Resources
2-17 4 children 35 percent of Obligor's Net Resources
2-18 <5+ children Not less than the amount for 4 children>
2-19 5 children 40 percent of Obligor's Net Resources
2-20 6+ children Not less than the amount for 5 children
2-21 SECTION 4. Section 14.30(a), Family Code, is amended to read
2-22 as follows:
2-23 (a) Definitions. In this subchapter:
2-24 (1) "Earnings" means compensation paid or payable for
2-25 personal services, whether denominated as wages, salary, overtime
3-1 pay, severance pay, commission, bonus, or otherwise, and includes
3-2 periodic payments pursuant to a pension, annuity, worker's
3-3 compensation, disability and retirement program, and compensation
3-4 received as an independent contractor and unemployment benefits.
3-5 (2) unchanged
3-6 (3) "Employer" means any person, including the United
3-7 States and any governmental entity as defined by Section 11.01 of
3-8 this code. "Person" shall include but is not limited to
3-9 individuals, worker's compensation insurance carriers,
3-10 partnerships, and corporations.
3-11 SECTION 5. Section 14.82(b), Family Code, is amended to read
3-12 as follows:
3-13 (b) If the presiding judge determines that a court requires
3-14 a master, the presiding judge shall appoint a master. If a master
3-15 is appointed for a court, <the judge of the court shall refer> all
3-16 Title IV-D cases shall be referred to the master by a general order
3-17 for each county issued by the judge of the court for which the
3-18 master is appointed, or in absence of that order by general order
3-19 issued by the presiding judge who appointed the master. Referral
3-20 of Title IV-D cases may not be made for individual cases or case by
3-21 case. A master may be appointed to serve more than one court and
3-22 in more than one administrative judicial region.
3-23 SECTION 6. This act takes effect September 1, 1993.
3-24 SECTION 7. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.