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.