1-1 By: Harris S.B. No. 514
1-2 (In the Senate - Filed February 9, 1995; February 13, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 11, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 11, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the availability of health insurance for certain
1-9 children the subject of a child support order.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 14.061, Family Code, is amended by
1-12 amending Subsection (b) and by adding Subsection (s) to read as
1-13 follows:
1-14 (b) In determining the manner in which health insurance for
1-15 the child is to be provided, the court shall consider the following
1-16 factors:
1-17 (1) if health insurance is available and accessible
1-18 for the child through the obligor's employment or membership in a
1-19 union, trade association, or other organization, the court shall
1-20 order the obligor to include the child in the obligor's health
1-21 insurance unless either party shows good cause why such an order
1-22 would not be in the best interest of the child; or
1-23 (2) if health insurance is not available for the child
1-24 through the obligor's employment but is available and accessible
1-25 for the child through the obligee's employment or membership in a
1-26 union, trade association, or other organization, the court may
1-27 order the obligee to provide health insurance for the child and, in
1-28 such event, shall order the obligor to pay in <an> additional child
1-29 support to be withheld from disposable earnings under Section 14.43
1-30 of this code to the obligee the actual cost of the health insurance
1-31 for the child unless either party shows good cause why such an
1-32 order would not be in the best interest of the child; or
1-33 (3) if health insurance is not available for the child
1-34 through either the obligor's or obligee's employment, the court
1-35 shall order the obligor to provide health insurance for the child
1-36 if the court finds that health insurance is available and
1-37 accessible for the child from another source and the obligor is
1-38 financially able to provide it unless either party shows good cause
1-39 why such an order would not be in the best interest of the child.
1-40 (s) The legislature encourages the commissioner of insurance
1-41 to attempt to create a pool for health insurance from which a child
1-42 may obtain health care coverage if a person does not comply with a
1-43 court order under this section or the person chooses to purchase
1-44 health insurance from the pool.
1-45 SECTION 2. This Act takes effect September 1, 1995.
1-46 SECTION 3. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended.
1-51 * * * * *