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.