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.
1-7 (a) 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 having physical
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:
2-3 (1) a parent of the child or another person having
2-4 physical custody or guardianship of the child under a court order;
2-5 or
2-6 (2) the child if the child:
2-7 (A) is 18 years of age or older;
2-8 (B) does not have a mental disability; and
2-9 (C) is determined by the court to be capable of
2-10 managing the child's financial affairs.
2-11 (b) The parent, the child, if the child is 18 years of age
2-12 or older, or other person may not transfer or assign the cause of
2-13 action to any person, including a governmental or private entity or
2-14 agency, except for an assignment made to the Title IV-D agency.
2-15 SECTION 3. This Act takes effect September 1, 1997.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 497 passed the Senate on
March 13, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 497 passed the House, with
amendments, on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor