SRC-JLB H.B. 234 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 234
By: Goodman (Harris)
Jurisprudence
4/10/2003
Engrossed


DIGEST AND PURPOSE 

Current Family Code provisions allow child support to continue past the
eighteenth birthday of a child, if the child is fully enrolled in an
accredited secondary school in a program leading toward a high school
diploma or enrolled in courses for joint high school and junior college
credit.  Case law is not clear what is meant under the current statute to
be fully enrolled and whether the student actually needs to be attending
if enrolled.  As proposed, H.B. 234 clarifies the term enrolled, includes
an attendance requirement, and allows the court to terminate child support
if a child over eighteen years of age fails to comply with enrollment or
the minimum attendance requirements in the Education Code. 

RULEMAKING AUTHORITY
 
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.002(a), Family Code, to authorize the court
to render an original support order or modify an existing order, providing
child support past the 18th birthday of the child to be paid only if the
child meets certain criteria. 

SECTION 2.  Amends Section 154.006(a), Family Code, to provide that unless
otherwise agreed in writing or expressly provided in the order or as
provided by Subsection (b), the child support order terminates on a
certain date. 

SECTION 3.  (a)  Effective date:  September 1, 2003.
 
 (b)  Makes application of this Act prospective.