By: Harris of Tarrant S.R. No. 1145
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, That Rule
1-2 12.03, Rules of the Senate, 73rd Legislature, is suspended, as
1-3 provided by Senate Rule 12.08, to the extent described in this
1-4 Resolution, to enable the conference committee appointed to adjust
1-5 the differences between the House and Senate versions of H.B. 1630,
1-6 relating to the rights, privileges, duties, and powers of
1-7 conservators, to successfully conclude the committee's
1-8 deliberations, by authorizing the conferees to consider and take
1-9 action on the following specific matters:
1-10 (1) Senate Rule 12.03(1) is suspended to permit the
1-11 committee to change Subsection (b), Section 14.02, Family Code, to
1-12 read as follows:
1-13 (b) Unless by written findings the court determines it would
1-14 not be in the best interest of the child <Except as provided in
1-15 Subsection (d) of this section>, a parent appointed as a <sole
1-16 managing> conservator of the child retains <all> the following
1-17 rights, privileges, duties, and powers of a parent <to the
1-18 exclusion of the other parent>, subject to <the rights, privileges,
1-19 duties, and powers of a possessory conservator as provided in
1-20 Section 14.04 of this code and to> any limitation imposed by court
1-21 order in allowing access to the child:
1-22 (1) a parent appointed as a conservator of a child has
1-23 during the period that the parent has possession of the child:
1-24 (A) the right to physical possession and to
2-1 direct the moral and religious training of the child;
2-2 (B) the duty of care, control, protection, and
2-3 reasonable discipline of the child;
2-4 (C) the duty to support the child, including
2-5 providing the child with clothing, food, shelter, medical and
2-6 dental care not involving an invasive procedure; and
2-7 (D) the power to consent to medical, dental, and
2-8 surgical treatment during an emergency involving an immediate
2-9 danger to the health and safety of the child;
2-10 (2) each parent appointed as a conservator of a child
2-11 has at all times:
2-12 (A) the right of access to medical, dental,
2-13 psychological, and educational records of the child;
2-14 (B) the right to consult with any physician,
2-15 dentist, or psychologist of the child;
2-16 (C) the right to consult with school officials
2-17 concerning the child's welfare and educational status, including
2-18 school activities;
2-19 (D) the right to attend school activities;
2-20 (E) the right to be designated on any records as
2-21 a person to be notified in case of an emergency; and
2-22 (F) the right to manage the estate of the child
2-23 to the extent the estate has been created by the parent or the
2-24 parent's family; and
2-25 (3) a parent appointed as the sole managing
2-26 conservator of a child exclusively has:
2-27 (A) the right to the services and earnings of
3-1 the child;
3-2 (B) the power to consent to marriage, to
3-3 enlistment in the armed forces of the United States, to medical,
3-4 dental, and surgical treatment involving invasive procedures, and
3-5 to psychiatric and psychological treatment;
3-6 (C) the power to represent the child in legal
3-7 action and to make other decisions of substantial legal
3-8 significance concerning the child, including the right to establish
3-9 the child's legal domicile and the primary residence of the child,
3-10 except when a guardian of the child's estate or a guardian or
3-11 attorney ad litem has been appointed for the child, a power as an
3-12 agent of the child to act in relation to the child's estate if the
3-13 child's action is required by a state, the United States, or a
3-14 foreign government; and
3-15 (D) the power to receive and give receipt for
3-16 periodic payments for the support of the child and to hold or
3-17 disburse these funds for the benefit of the child.
3-18 Explanation: These changes are necessary to protect the best
3-19 interest of the child relating to psychological and psychiatric
3-20 treatment and to permit a parent who is a sole managing conservator
3-21 of a child to establish the child's primary residence.
3-22 (2) Senate Rule 12.03(1) is suspended to permit the
3-23 committee to change Subsection (a), Section 14.04, Family Code, to
3-24 read as follows:
3-25 (a) A possessory conservator has the following rights,
3-26 privileges, duties, and powers during the period of possession,
3-27 subject to Section 14.02(b) of this code and any limitations
4-1 expressed in the decree:
4-2 (1) the duty of care, control, protection, and
4-3 reasonable discipline of the child;
4-4 (2) the duty to provide the child with clothing, food,
4-5 and shelter; and
4-6 (3) the power to consent to medical, dental, and
4-7 surgical treatment during an emergency involving an immediate
4-8 danger to the health and safety of the child.
4-9 Explanation: These changes are necessary to protect the best
4-10 interest of the child regarding psychological treatment of the
4-11 child.
4-12 (3) Senate Rule 12.03(3) is suspended to permit the
4-13 committee to add changes to Section 14.053, Family Code, to read
4-14 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 of
5-6 social security taxes, federal income tax withholding for a single
5-7 person claiming one personal exemption and the standard deduction,
5-8 union dues, and expenses for health insurance coverage for the
5-9 obligor's child. Benefits paid pursuant to aid for families with
5-10 dependent children and any other child support received from any
5-11 source shall be disregarded in calculating net resources.
5-12 (d) Health Insurance. The guidelines for a court order for
5-13 the support of a child in this chapter assume that the court will
5-14 order the obligor to provide health insurance coverage for the
5-15 child subject of the suit in addition to the amount of child
5-16 support calculated pursuant to these guidelines. If the court
5-17 finds and sets forth in the order setting child support that the
5-18 obligee will maintain health insurance coverage at the obligee's
5-19 expense for the child, the court may increase the amount of child
5-20 support to be paid by the obligor in an amount not exceeding the
5-21 total expense to the obligee for maintaining health insurance
5-22 coverage. As additional child support the court shall allocate
5-23 between the parties according to the parties' circumstances the
5-24 reasonable and necessary health care expenses of a child that are
5-25 not reimbursed by health insurance.
5-26 (l) Retroactive Support. The guidelines for the support of
5-27 a child in this chapter are intended to guide the court in
6-1 determining the amount of retroactive child support that may be
6-2 ordered under this chapter or Chapter 13 of this code. In ordering
6-3 retroactive child support, the court shall consider the net
6-4 resources of the obligor during the relevant time period.
6-5 Explanation: The change is needed to clarify how a court
6-6 shall determine who is responsible for the payment of health care
6-7 expenses not reimbursed by insurance and to provide that the child
6-8 support guidelines apply to retroactive child support.
6-9 (4) Senate Rule 12.03(3) is suspended to permit the
6-10 committee to add changes to Section 14.055, Family Code, to read as
6-11 follows:
6-12 SECTION 1. 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).
8-8 _____________________________________
8-9 President of the Senate
8-10 I hereby certify that the
8-11 above Resolution was adopted by
8-12 the Senate on May 28, 1993.
8-13 _____________________________________
8-14 Secretary of the Senate