By: Hill H.B. No. 2155
73R1382 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation of child support for certain children
1-3 over 18 years of age pursuing a college degree.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.05(a), Family Code, as added by
1-6 Section 13, Chapter 25, Acts of the 71st Legislature, 1st Called
1-7 Session, 1989, is amended to read as follows:
1-8 (a) The court may order either or both parents to make
1-9 periodic payments or, for good cause shown, order a lump-sum
1-10 payment or purchase an annuity, or any combination of periodic
1-11 payments, lump-sum payments, or annuity purchases for the support
1-12 of the child until he or she is 18 years of age in the manner and
1-13 to or for the benefit of the persons specified by the court in the
1-14 decree. The court of continuing exclusive jurisdiction may render
1-15 an original support order, modify an existing order, or render a
1-16 new order extending child support past the 18th birthday of the
1-17 child, whether the request for such an order is filed before or
1-18 after the child's 18th birthday, if the child is fully enrolled in
1-19 either an accredited secondary school in a program leading toward a
1-20 high school diploma or a public or private institution of higher
1-21 education accredited by a recognized accrediting agency as defined
1-22 by Section 61.003, Education Code, in a program leading to an
1-23 undergraduate degree. The order for periodic support may provide
1-24 that payments continue until the end of the school year in which
2-1 the child graduates. The order may not require support payments
2-2 past the child's 22nd birthday, regardless of whether the child has
2-3 graduated on or before that date. In addition, the court may order
2-4 a parent obligated to support a child to set aside property to be
2-5 administered for the support of the child in the manner and by the
2-6 persons specified by the court in the decree. In determining the
2-7 amount of child support, the court shall consider the child support
2-8 guidelines in effect in this state.
2-9 SECTION 2. This Act takes effect September 1, 1993, and
2-10 applies only to a support order or a modification of a support
2-11 order that is issued on or after the effective date. A support
2-12 order or a modification of a support order that is issued before
2-13 the effective date is governed by the law then in effect, and the
2-14 former law is continued in effect for that purpose.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.