By: Harris S.B. No. 497
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain persons having custody of an adult disabled
1-2 child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 154.302, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 154.302. COURT-ORDERED SUPPORT FOR DISABLED CHILD. (a)
1-7 The court may order either or both parents to provide for the
1-8 support of a child for an indefinite period and may determine the
1-9 rights and duties of the parents if the court finds that:
1-10 (1) the child, whether institutionalized or not,
1-11 requires substantial care and personal supervision because of a
1-12 mental or physical disability and will not be capable of
1-13 self-support; and
1-14 (2) the disability exists, or the cause of the
1-15 disability is known to exist, on or before the 18th birthday of the
1-16 child.
1-17 (b) A court that orders support under this section shall
1-18 designate a parent of the child or another person or entity having
1-19 custody or guardianship of the child under a court order to receive
1-20 the support for the child. The court may designate a child who is
1-21 18 years of age or older to receive the support directly.
1-22 SECTION 2. Section 154.303, Family Code, is amended to read
1-23 as follows:
2-1 Sec. 154.303. [ONLY A PARENT HAS] STANDING TO SUE. (a) A
2-2 suit provided by this subchapter may be filed only by a parent of
2-3 the child, another person or entity having custody or guardianship
2-4 of the child under a court order, or the child if the child is 18
2-5 years of age or older.
2-6 (b) The parent or other person or entity may not transfer or
2-7 assign the cause of action to any person, including a governmental
2-8 or private entity or agency, except for an assignment made to the
2-9 Title IV-D agency.
2-10 SECTION 3. This Act takes effect September 1, 1997.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.