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.