By: Harris  S.B. No. 303
         (In the Senate - Filed January 24, 2007; February 14, 2007,
  read first time and referred to Committee on Jurisprudence;
  March 12, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; March 12, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 303 By:  Harris
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to health care coverage for a child in a suit affecting the
  parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.062, Family Code, is amended by
  amending Subsection (d) and adding Subsection (e) to read as
  follows:
         (d)  The court shall deduct the following items from
  resources to determine the net resources available for child
  support:
               (1)  social security taxes;
               (2)  federal income tax based on the tax rate for a
  single person claiming one personal exemption and the standard
  deduction;
               (3)  state income tax;
               (4)  union dues; and
               (5)  expenses for the cost of health insurance or cash
  medical support [coverage] for the obligor's child ordered by the
  court under Section 154.182.
         (e)  In calculating the amount of the deduction for health
  care coverage for a child under Subsection (d)(5), if the obligor
  has other minor dependents covered under the same health insurance
  plan, the court shall divide the total cost to the obligor for the
  insurance by the total number of minor dependents, including the
  child, covered under the plan.
         SECTION 2.  Subsections (c), (d), and (e), Section 154.181,
  Family Code, are amended to read as follows:
         (c)  In rendering temporary orders, the court shall, except
  for good cause shown, order that any health insurance coverage in
  effect for the child continue in effect pending the rendition of a
  final order, except that the court may not require the continuation
  of any health insurance that is not available to the parent at
  reasonable cost. If there is no health insurance coverage in effect
  for the child or if the insurance in effect is not available at a
  reasonable cost [and the child is not receiving medical assistance
  under Chapter 32, Human Resources Code, or coverage under the state
  child health plan under Chapter 62, Health and Safety Code], the
  court shall, except for good cause shown, order health care
  coverage for the child as provided under Section 154.182.
         (d)  On [Except for good cause shown, on] rendering a final
  order the court shall:
               (1)  make specific findings with respect to the manner
  in which health care coverage is to be provided for the child, in
  accordance with the priorities identified under Section 154.182;
  and
               (2)  except for good cause shown or on agreement of the
  parties, require the parent ordered to provide health care coverage
  for the child as provided under Section 154.182 to produce evidence
  to the court's satisfaction that the parent has applied for or
  secured health insurance or has otherwise taken necessary action to
  provide for health care coverage for the child, as ordered by the
  court.
         (e)  In this section, "reasonable cost" means the cost of [a]
  health insurance coverage for a child [premium] that does not
  exceed nine [10] percent of the responsible parent's annual
  resources, as described by Section 154.062(b) [net income in a
  month].
         SECTION 3.  The heading to Section 154.182, Family Code, is
  amended to read as follows:
         Sec. 154.182.  HEALTH CARE COVERAGE FOR CHILD [INSURANCE].
         SECTION 4.  Section 154.182, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (b-1),
  (b-2), and (b-3) to read as follows:
         (a)  The court shall consider the cost and quality of health
  insurance coverage available to the parties and shall give priority
  to health insurance coverage available through the employment of
  one of the parties if the coverage is available at a reasonable
  cost.
         (b)  In determining the manner in which health care coverage
  [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 a parent's [the obligor's] employment or membership in a
  union, trade association, or other organization at reasonable cost
  to the parent [obligor], the court shall order that parent [the
  obligor] to include the child in the parent's [obligor's] health
  insurance;
               (2)  if health insurance is not available for the child
  under Subdivision (1) [through the obligor's employment] but is
  available to a parent from another source and [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 that parent [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]; or
               (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 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; or
               [(5)]  if health insurance coverage is not available
  for the child under Subdivision (1) or[,] (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, an [a
  reasonable] amount, not to exceed nine percent of the obligor's
  monthly resources, [each month] as cash medical support for the
  child [to be withheld from earnings under Chapter 158].
         (b-1)  If the parent ordered to provide health insurance
  under Subsection (b)(1) or (2) is the obligee, the court shall order
  the obligor to pay the obligee, as additional child support, an
  amount equal to the actual cost of health insurance for the child.  
  In calculating the actual cost of health insurance for the child, if
  the obligee has other minor dependents covered under the same
  health insurance plan, the court shall divide the total cost to the
  obligee for the insurance by the total number of minor dependents,
  including the child covered under the plan.
         (b-2)  If the court finds that neither parent has access to
  private health insurance at a reasonable cost, the court shall
  order the parent awarded the exclusive right to designate the
  child's primary residence or, to the extent permitted by law, the
  other parent to apply immediately on behalf of the child for
  participation in a government medical assistance program or health
  plan. If the child participates in a government medical assistance
  program or health plan, the court shall order cash medical support
  under Subsection (b)(3).
         (b-3)  An order requiring the payment of cash medical support
  under Subsection (b)(3) must allow the obligor to discontinue
  payment of the cash medical support if:
               (1)  health insurance for the child becomes available
  to the obligor at a reasonable cost; and
               (2)  the obligor:
                     (A)  enrolls the child in the insurance plan; and
                     (B)  provides the obligee and, in a Title IV-D
  case, the Title IV-D agency, the information required under Section
  154.185.
         SECTION 5.  Section 154.183, Family Code, is amended to read
  as follows:
         Sec. 154.183.  MEDICAL SUPPORT [HEALTH INSURANCE]
  ADDITIONAL SUPPORT DUTY OF OBLIGOR.  (a)  An amount that an obligor
  is ordered [required] to pay as medical support [for health
  insurance] for the child under this chapter, including the costs of
  health insurance coverage or cash medical support under Section
  154.182:
               (1)  is in addition to the amount that the obligor is
  required to pay for child support under the guidelines for child
  support;
               (2)  is a child support obligation; and
               (3)  may be enforced by any means available for the
  enforcement of [as a] child support, including withholding from
  earnings under Chapter 158 [obligation].
         (b)  If the court finds and states in the child support order
  that the obligee will maintain health insurance coverage for the
  child at the obligee's expense, the court shall [may] increase the
  amount of child support to be paid by the obligor in an amount not
  exceeding the actual cost [total expense] to the obligee for
  maintaining health insurance coverage, as provided under Section
  154.182(b-1).
         (c)  As additional child support, the court shall allocate
  between the parties, according to their circumstances, the
  reasonable and necessary health care expenses of a child that are
  not reimbursed by health insurance or are not otherwise covered by
  the amount of cash medical support ordered under Section
  154.182(b)(3).
         SECTION 6.  Subsection (a), Section 156.401, Family Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (a-1) or (b), the court
  may modify an order that provides for the support of a child,
  including an order for health care coverage under Section 154.182,
  if:
               (1)  the circumstances of the child or a person
  affected by the order have materially and substantially changed
  since the earlier of:
                     (A)  the date of the order's rendition; or
                     (B)  the date of the signing of a mediated or
  collaborative law settlement agreement on which the order is based;
  or
               (2)  it has been three years since the order was
  rendered or last modified and the monthly amount of the child
  support award under the order differs by either 20 percent or $100
  from the amount that would be awarded in accordance with the child
  support guidelines.
         SECTION 7.  The change in law made by this Act applies to a
  suit affecting the parent-child relationship pending in a trial
  court on or filed on or after the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2007.
 
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