By Gray                                               H.B. No. 1254
       74R1064 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to court jurisdiction over adult children with
    1-3  disabilities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14.051, Family Code, is amended by
    1-6  amending Subsection (a) and adding Subsections (l)-(p) to read as
    1-7  follows:
    1-8        (a)  In this section:
    1-9              (1)  "Adult child" means a child that is 18 years of
   1-10  age or older.
   1-11              (2)  "Child" means a son or daughter of any age.
   1-12              (3)  "Probate court" means a statutory probate court,
   1-13  county court at law, or other statutory court exercising the
   1-14  jurisdiction of a probate court.
   1-15        (l)  In an action under this section for support of an adult
   1-16  child, the court has jurisdiction over matters that relate to the
   1-17  support of the adult child, but does not have jurisdiction over
   1-18  guardianship matters that relate to the adult child.
   1-19        (m)  In an action under this section for support of an adult
   1-20  child, the court may, on its own motion, and shall, on the motion
   1-21  of a party, transfer all matters before it relating to support of
   1-22  an adult child to a probate court exercising jurisdiction over
   1-23  guardianship matters affecting the adult child, regardless of the
   1-24  date on which either court obtains jurisdiction.
    2-1        (n)  A person may bring an action under this section in a
    2-2  probate court in which a guardianship matter relating to an adult
    2-3  child is pending.
    2-4        (o)  A probate court to which matters relating to support of
    2-5  an adult child are transferred under Subsection (m) or brought
    2-6  under Subsection (n):
    2-7              (1)  may order either or both parents to provide for
    2-8  support of the adult child as provided by this section;
    2-9              (2)  may enforce payment of support of the adult child
   2-10  in the same manner as a court under this title; and
   2-11              (3)  shall comply with the standards in this section in
   2-12  exercising jurisdiction over matters relating to support of the
   2-13  adult child.
   2-14        (p)  If a probate court to which matters relating to support
   2-15  of an adult child are transferred under Subsection (m), before a
   2-16  probate court renders a support order under this section, dismisses
   2-17  an application for guardianship, determines a guardianship is no
   2-18  longer necessary, or otherwise dismisses the guardianship matters
   2-19  before it that relate to the adult child, the probate court shall
   2-20  remand any matters relating to support of the adult child to the
   2-21  court from which the matters were initially transferred.  After a
   2-22  guardianship is terminated, an action to modify an order for the
   2-23  support of an adult child rendered by a probate court shall be
   2-24  brought in a court having jurisdiction under this title.
   2-25        SECTION 2.  Section 14.051, Family Code, as amended by this
   2-26  Act, applies only to matters relating to support of an adult child
   2-27  for which a guardianship application is filed on or after the
    3-1  effective date of this Act.
    3-2        SECTION 3.  This Act takes effect September 1, 1995.
    3-3        SECTION 4.  The importance of this legislation and the
    3-4  crowded condition of the calendars in both houses create an
    3-5  emergency and an imperative public necessity that the
    3-6  constitutional rule requiring bills to be read on three several
    3-7  days in each house be suspended, and this rule is hereby suspended.