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