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.