1-1 By: Harris S.B. No. 497
1-2 (In the Senate - Filed February 7, 1997; February 12, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 4, 1997, reported favorably by the following vote: Yeas 4,
1-5 Nays 0; March 4, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain persons having custody of an adult disabled
1-9 child.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 154.302, Family Code, is amended to read
1-12 as follows:
1-13 Sec. 154.302. COURT-ORDERED SUPPORT FOR DISABLED CHILD.
1-14 (a) The court may order either or both parents to provide for the
1-15 support of a child for an indefinite period and may determine the
1-16 rights and duties of the parents if the court finds that:
1-17 (1) the child, whether institutionalized or not,
1-18 requires substantial care and personal supervision because of a
1-19 mental or physical disability and will not be capable of
1-20 self-support; and
1-21 (2) the disability exists, or the cause of the
1-22 disability is known to exist, on or before the 18th birthday of the
1-23 child.
1-24 (b) A court that orders support under this section shall
1-25 designate a parent of the child or another person or entity having
1-26 custody or guardianship of the child under a court order to receive
1-27 the support for the child. The court may designate a child who is
1-28 18 years of age or older to receive the support directly.
1-29 SECTION 2. Section 154.303, Family Code, is amended to read
1-30 as follows:
1-31 Sec. 154.303. [ONLY A PARENT HAS] STANDING TO SUE. (a) A
1-32 suit provided by this subchapter may be filed only by a parent of
1-33 the child, another person or entity having custody or guardianship
1-34 of the child under a court order, or the child if the child is 18
1-35 years of age or older.
1-36 (b) The parent or other person or entity may not transfer or
1-37 assign the cause of action to any person, including a governmental
1-38 or private entity or agency, except for an assignment made to the
1-39 Title IV-D agency.
1-40 SECTION 3. This Act takes effect September 1, 1997.
1-41 SECTION 4. The importance of this legislation and the
1-42 crowded condition of the calendars in both houses create an
1-43 emergency and an imperative public necessity that the
1-44 constitutional rule requiring bills to be read on three several
1-45 days in each house be suspended, and this rule is hereby suspended.
1-46 * * * * *