By Harris                                              S.B. No. 236
         77R2999 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to court-ordered medical support for certain children.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Sections 154.182(b) and (c), Family Code, are
 1-5     amended to read as follows:
 1-6           (b)  Except as provided for by Subdivision (5) [(6)], in
 1-7     determining the manner in which health insurance for the child is
 1-8     to be ordered, the court shall render its order in accordance with
 1-9     the following priorities, unless a party shows good cause why a
1-10     particular order would not be in the best interest of the child:
1-11                 (1)  if health insurance is available for the child
1-12     through the obligor's employment or membership in a union, trade
1-13     association, or other organization, the court shall order the
1-14     obligor to include the child in the obligor's health insurance;
1-15                 (2)  if health insurance is not available for the child
1-16     through the obligor's employment but is available for the child
1-17     through the obligee's employment or membership in a union, trade
1-18     association, or other organization, the court may order the obligee
1-19     to provide health insurance for the child, and, in such event,
1-20     shall order the obligor to pay additional child support to be
1-21     withheld from earnings under Chapter 158 to the obligee for the
1-22     actual cost of the health insurance for the child;
1-23                 (3)  if health insurance is not available for the child
1-24     under Subdivision (1) or (2), the court shall order the obligor to
 2-1     provide health insurance for the child if the court finds that
 2-2     health insurance is available for the child from another source and
 2-3     that the obligor is financially able to provide it;
 2-4                 (4)  [if health insurance is not available for the
 2-5     child under Subdivision (1), (2), or (3), the court shall order the
 2-6     obligor to apply for coverage through the Texas Healthy Kids
 2-7     Corporation established under Chapter 109, Health and Safety Code;]
 2-8                 [(5)]  if health coverage is not available for the
 2-9     child under Subdivision (1), (2), or (3), [or (4),] the court shall
2-10     order the obligor to pay the obligee, in addition to any amount
2-11     ordered under the guidelines for child support, a reasonable amount
2-12     each month as medical support for the child to be withheld from
2-13     earnings under Chapter 158; or
2-14                 (5) [(6)]  notwithstanding Subdivisions (1) through
2-15     (3), an obligor whose employer, union, trade association, or other
2-16     organization does not offer a child/children coverage option in
2-17     lieu of a spouse/child/children option of health insurance coverage
2-18     may elect to apply for coverage through any individual or group
2-19     health insurance plan [the Texas Healthy Kids Corporation].  An
2-20     obligor required to pay additional child support to an obligee for
2-21     health insurance coverage may elect to apply for coverage through
2-22     any individual or group health insurance plan [the Texas Healthy
2-23     Kids Corporation] if the obligee's employer, union, trade
2-24     association, or other organization does not offer a child/children
2-25     coverage option in lieu of a spouse/child/children option of health
2-26     insurance coverage.
2-27           (c)  In establishing the amount of additional medical child
 3-1     support under Subsection (b)(4) [(b)(5)], the court shall presume
 3-2     that $38 each month is a reasonable amount for a child but may
 3-3     order a greater or lesser amount as appropriate under the
 3-4     circumstances.  The Health and Human Services Commission may
 3-5     promulgate guidelines for the dollar amounts of medical child
 3-6     support that the court may presumptively apply in circumstances in
 3-7     which the obligor is responsible for medical child support for more
 3-8     than one child.
 3-9           SECTION 2. This Act takes effect immediately if it receives a
3-10     vote of two-thirds of all the members elected to each house, as
3-11     provided by Section 39, Article III, Texas Constitution.  If this
3-12     Act does not receive the vote necessary for immediate effect, this
3-13     Act takes effect September 1, 2001.