Suspending limitations on conference committee
                           jurisdiction, H.B. 1630.
       By:  Goodman                                           H.R. No. 836
       73R11784 JMM-D
                                  R E S O L U T I O N
    1-1        BE IT RESOLVED by the House of Representatives of the State
    1-2  of Texas, That Rule 13, Section 9(a), Rules of the House of
    1-3  Representatives, 73rd Legislature, is suspended, as provided by
    1-4  House Rule 13, Section 9(f), to the extent described in this
    1-5  resolution, to enable the conference committee appointed to adjust
    1-6  the differences between the house and senate versions of H.B. 1630,
    1-7  relating to the rights, privileges, duties, and powers of
    1-8  conservators, to successfully conclude the committee's
    1-9  deliberations, by authorizing the conferees to consider and take
   1-10  action on the following specific matters:
   1-11        (1)  House Rule 9(a)(1) is suspended to permit the committee
   1-12  to change Subsection (b), Section 14.02, Family Code, to read as
   1-13  follows:
   1-14        (b)  Unless by written findings the court determines it would
   1-15  not be in the best interest of the child <Except as provided in
   1-16  Subsection (d) of this section>, a parent appointed as a <sole
   1-17  managing> conservator of the child retains <all> the following
   1-18  rights, privileges, duties, and powers of a parent <to the
   1-19  exclusion of the other parent>, subject to <the rights, privileges,
   1-20  duties, and powers of a possessory conservator as provided in
   1-21  Section 14.04 of this code and to> any limitation imposed by court
   1-22  order in allowing access to the child:
   1-23              (1)  a parent appointed as a conservator of a child has
   1-24  during the period that the parent has possession of the child:
    2-1                    (A)  the right to physical possession and to
    2-2  direct the moral and  religious training of the child;
    2-3                    (B)  the duty of care, control, protection, and
    2-4  reasonable discipline of the child;
    2-5                    (C)  the duty to support the child, including
    2-6  providing the child with clothing, food, shelter, medical and
    2-7  dental care not involving an invasive procedure; and
    2-8                    (D)  the power to consent to medical, dental, and
    2-9  surgical treatment during an emergency involving an immediate
   2-10  danger to the health and safety of the child;
   2-11              (2)  each parent appointed as a conservator of a child
   2-12  has at all times:
   2-13                    (A)  the right of access to medical, dental,
   2-14  psychological, and educational records of the child;
   2-15                    (B)  the right to consult with any physician,
   2-16  dentist, or psychologist of the child;
   2-17                    (C)  the right to consult with school officials
   2-18  concerning the child's welfare and educational status, including
   2-19  school activities;
   2-20                    (D)  the right to attend school activities;
   2-21                    (E)  the right to be designated on any records as
   2-22  a person to be notified in case of an emergency; and
   2-23                    (F)  the right to manage the estate of the child
   2-24  to the extent the estate has been created by the parent or the
   2-25  parent's family; and
   2-26              (3)  a parent appointed as the sole managing
   2-27  conservator of a child exclusively has:
    3-1                    (A)  the right to the services and earnings of
    3-2  the child;
    3-3                    (B)  the power to consent to marriage, to
    3-4  enlistment in the armed forces of the United States, to medical,
    3-5  dental, and surgical treatment involving invasive procedures, and
    3-6  to psychiatric and psychological treatment;
    3-7                    (C)  the power to represent the child in legal
    3-8  action and to make other decisions of substantial legal
    3-9  significance concerning the child, including the right to establish
   3-10  the child's legal domicile and the primary residence of the child,
   3-11  except when a guardian of the child's estate or a guardian or
   3-12  attorney ad litem has been appointed for the child, a power as an
   3-13  agent of the child to act in relation to the child's estate if the
   3-14  child's action is required by a state, the United States, or a
   3-15  foreign government; and
   3-16                    (D)  the power to receive and give receipt for
   3-17  periodic payments for the support of the child and to hold or
   3-18  disburse these funds for the benefit of the child.
   3-19        Explanation:  These changes are necessary to protect the best
   3-20  interest of the child relating to psychological and psychiatric
   3-21  treatment and to permit a parent who is a sole managing conservator
   3-22  of a child to establish the child's primary residence.
   3-23        (2)  House Rule 9(a)(1) is suspended to permit the committee
   3-24  to change Subsection (a), Section 14.04, Family Code, to read as
   3-25  follows:
   3-26        (a)  A possessory conservator has the following rights,
   3-27  privileges, duties, and powers during the period of possession,
    4-1  subject to Section 14.02(b) of this code and any limitations
    4-2  expressed in the decree:
    4-3              (1)  the duty of care, control, protection, and
    4-4  reasonable discipline of the child;
    4-5              (2)  the duty to provide the child with clothing, food,
    4-6  and shelter; and
    4-7              (3)  the power to consent to medical, dental, and
    4-8  surgical treatment during an emergency involving an immediate
    4-9  danger to the health and safety of the child.
   4-10        Explanation:  These changes are necessary to protect the best
   4-11  interest of the child regarding psychological treatment of the
   4-12  child.
   4-13        (3)  House Rule 9(a)(3) is suspended to permit the committee
   4-14  to add changes  to Section 14.053, Family Code, to read as follows:
   4-15        SECTION 8.  Section 14.053, Family Code, is amended by
   4-16  amending Subsections (b) and (d) and adding Subsection (l) to read
   4-17  as follows:
   4-18        (b)  Net Resources Defined.  "Net resources," for the purpose
   4-19  of determining child support liability, are 100 percent of all wage
   4-20  and salary income and other compensation for personal services
   4-21  (including commissions, overtime pay, tips, and bonuses), interest,
   4-22  dividends, royalty income, self-employment income (as described in
   4-23  Subsection (c) of this section), net rental income (defined as rent
   4-24  after deducting operating expenses and mortgage payments, but not
   4-25  including noncash items such as depreciation), and all other income
   4-26  actually being received, including but not limited to severance
   4-27  pay, retirement benefits, pensions, trust income, annuities,
    5-1  capital gains, social security benefits, unemployment benefits,
    5-2  disability and workers' compensation benefits, interest income from
    5-3  notes but not including return of principal or capital, <and/or>
    5-4  accounts receivable regardless of the source, gifts and prizes,
    5-5  spousal maintenance, and alimony,  less (subtracting) 100 percent
    5-6  of social security taxes, federal income tax withholding for a
    5-7  single person claiming one personal exemption and the standard
    5-8  deduction, union dues, and expenses for health insurance coverage
    5-9  for the obligor's child.  Benefits paid pursuant to aid for
   5-10  families with dependent children and any other child support
   5-11  received from any source shall be disregarded in calculating net
   5-12  resources.
   5-13        (d)  Health Insurance.  The guidelines for a court order for
   5-14  the support of a child in this chapter assume that the court will
   5-15  order the obligor to provide health insurance coverage for the
   5-16  child subject of the suit in addition to the amount of child
   5-17  support calculated pursuant to these guidelines.  If the court
   5-18  finds and sets forth in the order setting child support that the
   5-19  obligee will maintain health insurance coverage at the obligee's
   5-20  expense for the child, the court may increase the amount of child
   5-21  support to be paid by the obligor in an amount not exceeding the
   5-22  total expense to the obligee for maintaining health insurance
   5-23  coverage.  As additional child support the court shall allocate
   5-24  between the parties, according to the parties' circumstances, the
   5-25  reasonable and necessary health care expenses of a child that are
   5-26  not reimbursed by health insurance.
   5-27        (l)  Retroactive Support.  The guidelines for the support of
    6-1  a child in this chapter are intended to guide the court in
    6-2  determining the amount of retroactive child support that may be
    6-3  ordered under this chapter or Chapter 13 of this code.  In ordering
    6-4  retroactive child support, the court shall consider the net
    6-5  resources of the obligor during the relevant time period.
    6-6        Explanation:  The change is needed to clarify how a court
    6-7  shall determine who is responsible for the payment of health care
    6-8  expenses not reimbursed by insurance and to provide that the child
    6-9  support guidelines apply to retroactive child support.
   6-10        (4)  House Rule 9(a)(3) is suspended to permit the committee
   6-11  to add changes to Section 14.055, Family Code, to read as follows:
   6-12        SECTION 9.  Sections 14.055(a), (b), and (c), Family Code,
   6-13  are amended to read as follows:
   6-14        (a)  Rebuttable Presumption.  The guidelines for the support
   6-15  of a child in this chapter are specifically designed to apply to
   6-16  situations in which the obligor's monthly net resources are $6,000
   6-17  <$4,000> or less.  In any suit affecting the parent-child
   6-18  relationship, there is a rebuttable presumption that an order
   6-19  containing the amount of periodic child support payments
   6-20  established by the schedule provided in this section is reasonable
   6-21  and that the order is in the best interest of the child.  A court
   6-22  may determine that the application of the guidelines would be
   6-23  unjust or inappropriate under the circumstances.
   6-24        (b)  Schedule:  $6,000 <$4,000> or Less Monthly Net
   6-25  Resources.  In rendering an order of child support under
   6-26  circumstances in which the obligor's monthly net resources are
   6-27  $6,000 <$4,000> or less, the court shall presumptively apply the
    7-1  following schedule:
    7-2                       CHILD SUPPORT GUIDELINES
    7-3           BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
    7-4  1 child            20% of Obligor's Net Resources
    7-5  2 children         25% of Obligor's Net Resources
    7-6  3 children         30% of Obligor's Net Resources
    7-7  4 children         35% of Obligor's Net Resources
    7-8  5<+> children      40% of Obligor's Net Resources <Not less than
    7-9                     the amount for 4 children>
   7-10  6+ children        Not less than the amount for 5 children
   7-11        (c)  More Than $6,000 <$4,000> Monthly Net Resources.  In
   7-12  situations in which the obligor's net resources exceed $6,000
   7-13  <$4,000> per month, the court shall presumptively apply the
   7-14  percentage guidelines in Subsection (b) of this section to the
   7-15  first $6,000 <$4,000> of the obligor's net resources.  Without
   7-16  further reference to the percentage recommended by these
   7-17  guidelines, the court may order additional amounts of child support
   7-18  as appropriate <proven,> depending on the income of the parties and
   7-19  the proven needs of the child <at the time of the order>.  The
   7-20  proper calculation of a child support order that exceeds the
   7-21  presumptive amount established for the first $6,000 of the
   7-22  obligor's net resources requires that the entire amount of the
   7-23  presumptive award be subtracted from the proven total needs of the
   7-24  child.  After the presumptive award is subtracted, the court shall
   7-25  allocate between the parties the responsibility to meet the
   7-26  additional needs of the child according to the circumstances of the
   7-27  parties.  However, in no event may the obligor be required to pay
    8-1  more than an amount equal to 100 percent of the proven needs of the
    8-2  child as child support.
    8-3        Explanation:  The change is needed to clarify the manner in
    8-4  which the amount of the child support obligation of an obligor with
    8-5  monthly net resources of over $6,000 and to address the Texas
    8-6  Supreme Court's decision in Rodriguez v. Rodriguez, 1993 WL 165364
    8-7  (Tex.).