By Uher H.B. No. 2435 76R7936 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the requirement that child support in excess of certain 1-3 amounts under the child support guidelines be placed in a trust for 1-4 the child. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 154, Family Code, is 1-7 amended by adding Section 154.013 to read as follows: 1-8 Sec. 154.013. PLACEMENT OF CERTAIN CHILD SUPPORT PAYMENTS IN 1-9 TRUST. (a) This section applies only to an obligor who is 1-10 required to pay a monthly child support obligation under Section 1-11 154.126 that includes an amount in excess of the presumptive amount 1-12 established for the first $6,000 of the obligor's net resources and 1-13 the obligee did not establish, at the time the amount was ordered, 1-14 that the amount in excess of that presumptive amount is necessary 1-15 to support the proven needs of the child. 1-16 (b) An obligor subject to this section shall pay the amount 1-17 of child support that exceeds the presumptive amount established 1-18 for the first $6,000 of the obligor's net resources into a trust 1-19 established for the child. A trust established as provided by this 1-20 subsection is for the payment of the child's education and other 1-21 expenses, and the child may receive the proceeds of the trust after 1-22 the child's 18th birthday in the manner provided by the terms of 1-23 the trust. 1-24 (c) A court that enters a child support order under which an 2-1 obligor is required to make a monthly child support payment for a 2-2 child that exceeds the presumptive amount established for the first 2-3 $6,000 of the obligor's net resources shall include in the order a 2-4 statement establishing that amount, the requirement that a trust be 2-5 established as provided by this section, and any other terms for 2-6 the trust the court determines to be in the best interests of the 2-7 child. 2-8 SECTION 2. (a) This Act takes effect September 1, 1999. 2-9 (b) The change in law made by this Act relating to the 2-10 establishment of a trust from certain child support payments 2-11 applies only to a payment made under a child support order that is 2-12 entered or modified on or after the effective date of this Act. 2-13 (c) The change in law made by this Act is not sufficient by 2-14 itself to constitute a material and substantial change in the 2-15 circumstances of a child for whose benefit a child support order 2-16 has been entered to warrant modification of the order under Chapter 2-17 156, Family Code. 2-18 SECTION 3. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended.