By Chavez                                             H.B. No. 2511
         77R7668 JAT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to court-ordered health coverage of a child by a
 1-3     noncustodial parent.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 154.182(b), Family Code, is amended to
 1-6     read as follows:
 1-7           (b)  Except as provided for by Subdivision (6), in
 1-8     determining the manner in which health insurance for the child is
 1-9     to be ordered, the court shall render its order in accordance with
1-10     the following priorities, unless a party shows good cause why a
1-11     particular order would not be in the best interest of the child:
1-12                 (1)  if health insurance is available for the child
1-13     through the obligor's employment or membership in a union, trade
1-14     association, or other organization, the court shall order the
1-15     obligor to include the child in the obligor's health insurance;
1-16                 (2)  if health insurance is not available for the child
1-17     through the obligor's employment but health insurance or other
1-18     health benefits coverage is available for the child through the
1-19     obligee's employment, [or] membership in a union, trade
1-20     association, or other organization, or through another source
1-21     available to the obligee, including the state child health plan
1-22     under Chapter 62, Health and Safety Code, and the state Medicaid
1-23     program, the court may order the obligee to provide health
1-24     insurance for the child, and, in such event, shall order the
 2-1     obligor to pay additional child support to be withheld from
 2-2     earnings under Chapter 158 to the obligee for the actual cost of
 2-3     the health insurance for the child;
 2-4                 (3)  if health insurance is not available for the child
 2-5     under Subdivision (1) or (2), the court shall order the obligor to
 2-6     provide health insurance for the child if the court finds that
 2-7     health insurance is available for the child from another source and
 2-8     that the obligor is financially able to provide it;
 2-9                 (4)  if health insurance is not available for the child
2-10     under Subdivision (1), (2), or (3), the court shall order the
2-11     obligor to apply for coverage through the Texas Healthy Kids
2-12     Corporation established under Chapter 109, Health and Safety Code;
2-13                 (5)  if health coverage is not available for the child
2-14     under Subdivision (1), (2), (3), or (4), the court shall order the
2-15     obligor to pay the obligee, in addition to any amount ordered under
2-16     the guidelines for child support, a reasonable amount each month as
2-17     medical support for the child to be withheld from earnings under
2-18     Chapter 158; or
2-19                 (6)  notwithstanding Subdivisions (1) through (3), an
2-20     obligor whose employer, union, trade association, or other
2-21     organization does not offer a child/children coverage option in
2-22     lieu of a spouse/child/children option of health insurance coverage
2-23     may elect to apply for coverage through the Texas Healthy Kids
2-24     Corporation. An obligor required to pay additional child support to
2-25     an obligee for health insurance coverage may elect to apply for
2-26     coverage through the Texas Healthy Kids Corporation if the
2-27     obligee's employer, union, trade association, or other organization
 3-1     does not offer a child/children coverage option in lieu of a
 3-2     spouse/child/children option of health insurance coverage.
 3-3           SECTION 2.  This Act takes effect immediately if it receives
 3-4     a vote of two-thirds of all the members elected to each house, as
 3-5     provided by Section 39, Article III, Texas Constitution.  If this
 3-6     Act does not receive the vote necessary for immediate effect, this
 3-7     Act takes effect September 1, 2001.