78R3605 MCK-D

By:  Menendez                                                     H.B. No. 756



A BILL TO BE ENTITLED

AN ACT

relating to requiring support of certain children over 18 years of 
age.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 154.001(a), Family Code, is amended to 
read as follows:  
	(a)  The court may order either or both parents to support a 
child in the manner specified by the order:
		(1)  until the child is 18 years of age and after that 
date as long as the child is younger than 21 years of age and remains 
enrolled as a full-time student in an educational institution [or 
until graduation from high school, whichever occurs later];
		(2)  until the child is emancipated through marriage, 
through removal of the disabilities of minority by court order, or 
by other operation of law;
		(3)  until the death of the child;  or                                        
		(4)  if the child is disabled as defined in this 
chapter, for an indefinite period.
	SECTION 2.  Section 154.002, Family Code, is amended to read 
as follows:     
	Sec. 154.002.  CHILD SUPPORT WHILE ENROLLED IN SCHOOL
[THROUGH HIGH SCHOOL GRADUATION].  (a)  The [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 Section 130.008, 
Education Code, the] court may render an original support order or 
modify an existing order providing child support past the 18th 
birthday of the child if the child is under 21 years of age and fully 
enrolled in:
		(1)  an accredited secondary school in a program 
leading toward a high school diploma;
		(2)  courses for joint high school and junior college 
credit under Section 130.008, Education Code; or
		(3)  an institution of higher education as defined by 
Section 53.02, Education Code.
	(b)  The request for a support order while the child is fully 
enrolled in school [through high school graduation] may be filed 
before or after the child's 18th birthday.
	(c)  The order for periodic support may provide that payments 
continue through the end of the month in which the child turns 21 
years of age or leaves school, whichever occurs first [graduates].
	SECTION 3.  Section 154.006(a), Family Code, is amended to 
read as follows:  
	(a)  Unless otherwise agreed in writing or expressly 
provided in the order or as provided by Subsection (b), the child 
support order terminates on:
		(1)  the marriage of the child; [,]            
		(2)  the removal of the child's disabilities for 
general purposes; [, or]
		(3)  the death of:                                              
			(A)  the child; or                                             
			(B)  a parent ordered to pay child support; or                 
		(4)  a finding by a court that the child:                              
			(A)  is 18 years of age or older; and                                 
			(B)  has failed to comply with the enrollment 
requirements described by Section 154.002(a).
	SECTION 4.  Section 158.402(a), Family Code, is amended to 
read as follows:  
	(a)  An obligor and obligee may agree on a reduction in or 
termination of income withholding for child support on the 
occurrence of one of the following contingencies stated in the 
order:
		(1)  the child is at least [becomes] 18 years of age but 
younger than 21 years of age and the child is not enrolled as a 
full-time student at an educational institution [or is graduated 
from high school, whichever is later];
		(2)  the child becomes 21 years of age;                                
		(3)  the child's disabilities of minority are removed 
by marriage, court order, or other operation of law;  or
		(4) [(3)] the child dies.                             
	SECTION 5.  (a)  This Act takes effect September 1, 2003, 
and 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 
that date.  An order or portion of a 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.
	(b)  The change in law made by this Act does not by itself 
constitute a material and substantial change of circumstances under 
Section 156.401, Family Code, sufficient to warrant modification of 
a court order or a portion of a decree that provides for the support 
of a child rendered before the effective date of this Act.