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By:  Seliger, Averitt                                             S.B. No. 952


A BILL TO BE ENTITLED

AN ACT

relating to medical support for a child.                                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 154.182, Family Code, is amended by 
amending Subsection (b) and adding Subsections (d) and (e) to read 
as follows:
	(b)  In determining the manner in which health insurance for 
the child is to be ordered, the court shall render its order in 
accordance with the following priorities, unless a party shows good 
cause why a particular order would not be in the best interest of 
the child:
		(1)  if health insurance is available for the child 
through the obligor's employment or membership in a union, trade 
association, or other organization at reasonable cost to the 
obligor, the court shall order the obligor to include the child in 
the obligor's health insurance;
		(2)  if health insurance is not available for the child 
through the obligor's employment but is available for the child at a 
reasonable cost through the obligee's employment or membership in a 
union, trade association, or other organization, the court may 
order the obligee to provide health insurance for the child, and, in 
such event, shall order the obligor to pay additional child support 
to be withheld from earnings under Chapter 158 to the obligee for 
the actual cost of the health insurance for the child;
		(3)  if health insurance is not available for the child 
under Subdivision (1) or (2), the court shall order the obligor to 
provide health insurance for the child if the court finds that 
health insurance is available to the obligor for the child from 
another source and at reasonable cost;
		(4)  if neither parent has access to private health 
insurance at a reasonable cost, the court:
			(A)  shall order that the custodial parent or, to 
the extent permitted by law, the noncustodial parent immediately 
apply on behalf of the child for participation in a medical 
assistance program under Chapter 32, Human Resources Code, or the 
state child health plan under Chapter 62, Health and Safety Code, 
and that the obligor pay additional child support, to be withheld 
from income under Chapter 158, to the obligee for the actual cost of 
participation of the child in the state child health plan; and
			(B)  may order the obligor to pay an additional 
amount that when added to any amount required to be paid by the 
obligor under Paragraph (A) does not exceed 10 percent of the 
obligor's net income in a month to the state for reimbursement of 
any or all costs incurred by the state in providing coverage for the 
child under a medical assistance program or the state child health 
plan described by Paragraph (A); or
		(5)  if health coverage is not available for the child 
under Subdivision (1), (2), (3), or (4), the court shall order the 
obligor to pay the obligee, in addition to any amount ordered under 
the guidelines for child support, a reasonable amount each month as 
medical support for the child to be withheld from earnings under 
Chapter 158.
	(d)  Notwithstanding Subsection (b)(4)(B), the court may not 
order an obligor to pay an additional amount under that subsection 
if the child was enrolled in the state child health plan described 
by Subsection (b)(4)(A) on the date a court rendered a final decree 
of dissolution of a marriage between the obligor and obligee.
	(e)  The court shall deduct from the amount an obligor is 
ordered to pay under Subsection (b)(4)(B) in a month any amount the 
obligor has paid under Subsection (b)(4)(A) in that month.
	SECTION 2.  The change in law made by this Act applies only 
to a medical support order rendered in a suit affecting the 
parent-child relationship on or after the effective date of this 
Act.  A medical support order rendered in a suit affecting the 
parent-child relationship before that date is governed by the law 
in effect on the date the suit was filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.