75R14639 SKB-D                          

         By Harris                                              S.B. No. 497

         Substitute the following for S.B. No. 497:

         By Reyna of Bexar                                  C.S.S.B. No. 497

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain persons having custody of an adult disabled

 1-3     child.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 154.302, Family Code, is amended to read

 1-6     as follows:

 1-7           Sec. 154.302.  COURT-ORDERED SUPPORT FOR DISABLED CHILD.

 1-8     (a)  The court may order either or both parents to provide for the

 1-9     support of a child for an indefinite period and may determine the

1-10     rights and duties of the parents if the court finds that:

1-11                 (1)  the child, whether institutionalized or not,

1-12     requires substantial care and personal supervision because of a

1-13     mental or physical disability and will not be capable of

1-14     self-support; and

1-15                 (2)  the disability exists, or the cause of the

1-16     disability is known to exist, on or before the 18th birthday of the

1-17     child.

1-18           (b)  A court that orders support under this section shall

1-19     designate a parent of the child or another person having physical

1-20     custody or guardianship of the child under a court order to receive

1-21     the support for the child.  The court may designate a  child who is

1-22     18 years of age or older to receive the support directly.

1-23           SECTION 2.  Section 154.303, Family Code, is amended to read

1-24     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 or another person having physical 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, the child, if the child is 18 years of age

 2-7     or older, or other person may not transfer or assign the cause of

 2-8     action to any person, including a governmental or private entity or

 2-9     agency, except for an assignment made to the 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.