C.S.H.B. 234 78(R)    BILL ANALYSIS


C.S.H.B. 234
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Substituted)

BACKGROUND AND PURPOSE 

Current Family Code provisions allow child support to continue past the
18th 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
pursuant to  130.008, Education Code.  Case law leaves it unclear what is
meant under the current statute to be "fully enrolled" and whether the
student actually needs to be attending if enrolled. 

C.S.H.B. 234 clarifies enrolled, includes the attendance requirement, and
allows the court to terminate child support if a child over 18 years of
age  fails to comply with enrollment or the minimum attendance
requirements in the Education Code.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Family Code Section 154.002(a) to authorize child
support for a child past the 18th birthday if the child is enrolled, as
required under Chapter 25, Education Code, in an accredited secondary
school in a program leading toward a high school diploma, in courses for
joint high school and junior college credit under Section 130.008,
Education Code, or is enrolled on a full-time basis in a private
accredited secondary school in a program leading toward a high school
diploma. Furthermore, the child must be in compliance with the minium
attendance requirements of Subchapter C, Chapter 25, Education Code or in
compliance with the minimum attendance requirements imposed by the private
accredited secondary school.  

Section 2.  Amends Family Code Section 154.006(a) to provide that a
finding by a court, that a child 18 years of age or older has failed to
comply with the enrollment or attendance requirements, terminates the
child support order unless otherwise agreed in writing or expressly
provided for in the order. 

Section 3. This Act takes effect on September 1, 2003. The change in law
by this Act applies only to a court order or portion of a decree that
provides for the support of a child rendered or modified on or after the
effective date of this Act.  An order or decree rendered or modified
before the effective date of this Act is governed by the law in effect on
the date the order or decree was rendered or modified, and the former law
is continued in effect for that purpose. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 234 modifies the original H.B. 234 by authorizing child support
for a child past the 18th birthday if the child is enrolled on a full-time
basis in a private accredited secondary school in a program leading toward
a high school diploma, provided the child is in compliance with the
minimum attendance requirements imposed by the private accredited
secondary school.