1-1 By: Harris S.B. No. 236
1-2 (In the Senate - Filed January 11, 2001; January 16, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 14, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0;
1-6 February 14, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 236 By: Bernsen
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to court-ordered medical support for certain children.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsections (b) and (c), Section 154.182, Family
1-13 Code, are amended to read as follows:
1-14 (b) In [Except as provided for by Subdivision (6), in]
1-15 determining the manner in which health insurance for the child is
1-16 to be ordered, the court shall render its order in accordance with
1-17 the following priorities, unless a party shows good cause why a
1-18 particular order would not be in the best interest of the child:
1-19 (1) if health insurance is available for the child
1-20 through the obligor's employment or membership in a union, trade
1-21 association, or other organization, the court shall order the
1-22 obligor to include the child in the obligor's health insurance;
1-23 (2) if health insurance is not available for the child
1-24 through the obligor's employment but is available for the child
1-25 through the obligee's employment or membership in a union, trade
1-26 association, or other organization, or another source accessible to
1-27 the obligee, including the state children's health insurance
1-28 program, the court may order the obligee to apply for and provide
1-29 health insurance for the child, and, in such event, shall order the
1-30 obligor to pay additional child support to be withheld from
1-31 earnings under Chapter 158 to the obligee for the actual cost of
1-32 the health insurance for the child;
1-33 (3) if health insurance is not available for the child
1-34 under Subdivision (1) or (2), the court shall order the obligor to
1-35 provide health insurance for the child if the court finds that
1-36 health insurance is available for the child from another source
1-37 accessible to the obligor and that the obligor is financially able
1-38 to provide it; or
1-39 (4) [if health insurance is not available for the
1-40 child under Subdivision (1), (2), or (3), the court shall order the
1-41 obligor to apply for coverage through the Texas Healthy Kids
1-42 Corporation established under Chapter 109, Health and Safety Code;]
1-43 [(5)] if health insurance coverage is not available
1-44 for the child under Subdivision (1), (2), or (3), [or (4),] the
1-45 court shall order the obligor to pay the obligee, in addition to
1-46 any amount ordered under the guidelines for child support, a
1-47 reasonable amount each month as medical support for the child to be
1-48 withheld from earnings under Chapter 158[; or]
1-49 [(6) notwithstanding Subdivisions (1) through (3), an
1-50 obligor whose employer, union, trade association, or other
1-51 organization does not offer a child/children coverage option in
1-52 lieu of a spouse/child/children option of health insurance coverage
1-53 may elect to apply for coverage through the Texas Healthy Kids
1-54 Corporation. An obligor required to pay additional child support
1-55 to an obligee for health insurance coverage may elect to apply for
1-56 coverage through the Texas Healthy Kids Corporation if the
1-57 obligee's employer, union, trade association, or other organization
1-58 does not offer a child/children coverage option in lieu of a
1-59 spouse/child/children option of health insurance coverage.]
1-60 [(c) In establishing the amount of additional medical child
1-61 support under Subsection (b)(5), the court shall presume that $38
1-62 each month is a reasonable amount for a child but may order a
1-63 greater or lesser amount as appropriate under the circumstances.
1-64 The Health and Human Services Commission may promulgate guidelines
2-1 for the dollar amounts of medical child support that the court may
2-2 presumptively apply in circumstances in which the obligor is
2-3 responsible for medical child support for more than one child].
2-4 SECTION 2. This Act takes effect immediately if it receives
2-5 a vote of two-thirds of all the members elected to each house, as
2-6 provided by Section 39, Article III, Texas Constitution. If this
2-7 Act does not receive the vote necessary for immediate effect, this
2-8 Act takes effect September 1, 2001.
2-9 * * * * *