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                                  * * * * *