88R13792 AMF-F
	By: Dutton	H.B. No. 3446

	A BILL TO BE ENTITLED
	AN ACT
	relating to court-ordered financial support by parents of an adult
	with a medically determinable disability.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 154, Family Code, is
	amended to read as follows:
	CHAPTER 154. CHILD SUPPORT AND SUPPORT OF CERTAIN ADULTS WITH
	DISABILITY
	SECTION 2.  The heading to Subchapter A, Chapter 154, Family
	Code, is amended to read as follows:
	SUBCHAPTER A. COURT-ORDERED FINANCIAL [CHILD] SUPPORT OF CHILD OR
	ADULT WITH MEDICALLY DETERMINABLE DISABILITY
	SECTION 3.  The heading to Section 154.001, Family Code, is
	amended to read as follows:
	Sec. 154.001.  FINANCIAL SUPPORT OF CHILD OR ADULT WITH
	MEDICALLY DETERMINABLE DISABILITY.
	SECTION 4.  Sections 154.001(a) and (a-1), Family Code, are
	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 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)  as provided by Subchapter F, for a child who is an
	adult with a medically determinable disability [if the child is
	disabled as defined in this chapter, for an indefinite period].
	(a-1)  The court may order each person who is financially
	able and whose parental rights have been terminated with respect to
	a child in substitute care for whom the department has been
	appointed managing conservator, a child for a reason described by
	Section 161.001(b)(1)(T)(iv) or (b)(1)(U), or a child who was
	conceived as a direct result of conduct that constitutes an offense
	under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to
	support the child in the manner specified by the order:
	(1)  until the earliest of:
	(A)  the child's adoption;
	(B)  the child's 18th birthday or graduation from
	high school, whichever occurs later;
	(C)  removal of the child's disabilities of
	minority by court order, marriage, or other operation of law; or
	(D)  the child's death; or
	(2)  as provided by Subchapter F, for a child who is an
	adult with a medically determinable disability [if the child is
	disabled as defined in this chapter, for an indefinite period].
	SECTION 5.  Section 154.015(c), Family Code, is amended to
	read as follows:
	(c)  For purposes of this section, the court of continuing
	jurisdiction shall determine the amount of the unpaid child support
	obligation for each child of the deceased obligor.  In determining
	the amount of the unpaid child support obligation, the court shall
	consider all relevant factors, including:
	(1)  the present value of the total amount of monthly
	periodic child support payments that would become due between the
	month in which the obligor dies and the month in which the child
	turns 18 years of age, based on the amount of the periodic monthly
	child support payments under the child support order in effect on
	the date of the obligor's death;
	(2)  the present value of the total amount of health
	insurance and dental insurance premiums payable for the benefit of
	the child from the month in which the obligor dies until the month
	in which the child turns 18 years of age, based on the cost of health
	insurance and dental insurance for the child ordered to be paid on
	the date of the obligor's death;
	(3)  in the case of [a disabled child under 18 years of
	age or] an adult with a medically determinable disability
	[disabled child], an amount to be determined by the court under
	Section 154.306;
	(4)  the nature and amount of any benefit to which the
	child would be entitled as a result of the obligor's death,
	including life insurance proceeds, annuity payments, trust
	distributions, social security death benefits, and retirement
	survivor benefits; and
	(5)  any other financial resource available for the
	support of the child.
	SECTION 6.  Section 154.016(b), Family Code, is amended to
	read as follows:
	(b)  In determining the nature and extent of the obligation
	to provide for the support of the child in the event of the death of
	the obligor, the court shall consider all relevant factors,
	including:
	(1)  the present value of the total amount of monthly
	periodic child support payments from the date the child support
	order is rendered until the month in which the child turns 18 years
	of age, based on the amount of the periodic monthly child support
	payment under the child support order;
	(2)  the present value of the total amount of health
	insurance and dental insurance premiums payable for the benefit of
	the child from the date the child support order is rendered until
	the month in which the child turns 18 years of age, based on the cost
	of health insurance and dental insurance for the child ordered to be
	paid; and
	(3)  in the case of [a disabled child under 18 years of
	age or] an adult with a medically determinable disability
	[disabled child], an amount to be determined by the court under
	Section 154.306.
	SECTION 7.  The heading of Subchapter F, Chapter 154, Family
	Code, is amended to read as follows:
	SUBCHAPTER F. FINANCIAL SUPPORT FOR [A MINOR OR] ADULT WITH
	MEDICALLY DETERMINABLE DISABILITY [DISABLED CHILD]
	SECTION 8.  Section 154.301, Family Code, is amended to read
	as follows:
	Sec. 154.301.  DEFINITIONS. In this subchapter:
	(1)  "Adult [child]" means an individual [a child] 18
	years of age or older.
	(2)  "Disability" means:
	(A)  the inability to engage in any substantial
	gainful activity by reason of any medically determinable physical
	or mental impairment that can be expected to result in death or that
	has lasted or can be expected to last for a continuous period of not
	less than 12 months; and
	(B)  the impairment described by Paragraph (A) is
	of such severity that the adult:
	(i)  is unable to do work previously
	performed by the adult; and
	(ii)  considering the adult's age,
	education, skills, and work experience, is unable to engage in any
	other kind of substantial gainful work that exists in the national
	economy.
	(3)  "Personal supervision" means guidance and
	instruction by someone who is physically present and in such
	proximity that visual contact can be maintained and immediate
	assistance given when required.
	(4)  "Substantial" means ample or sustaining ["Child"
	means a son or daughter of any age].
	SECTION 9.  Section 154.302, Family Code, is amended to read
	as follows:
	Sec. 154.302.  COURT-ORDERED FINANCIAL SUPPORT FOR ADULT
	WITH MEDICALLY DETERMINABLE DISABILITY [DISABLED CHILD]. (a) The
	court may:
	(1)  order either or both parents of an adult to provide
	for the financial support of the adult until the adult reaches 21
	years of age or [a child] for a [an indefinite] period of three
	years if the adult is 21 years of age or older; and
	(2)  [may] determine the rights and duties of the
	parents if the court identifies competent evidence in the record,
	including medical evidence, and finds that:
	(A) [(1)]  the adult:
	(i)  [child,] whether institutionalized or
	not, has a medically determinable disability and requires
	substantial care and personal supervision; [because of a mental or
	physical disability] and
	(ii)  considering the adult's age,
	education, skills, and work experience, cannot engage in any kind
	of substantial gainful work [will not be capable of self-support];
	and
	(B) [(2)]  the medically determinable disability
	exists[, or the cause of the disability is known to exist,] on or
	before the adult's 18th birthday [of the child].
	(a-1)  A court must order a medical examination of the adult
	or child under Rule 204, Texas Rules of Civil Procedure, before
	making a finding of a medically determinable disability under
	Subsection (a). The court shall order both parents to share the
	cost of the medical examination equally.
	(b)  A court that orders financial support under this section
	shall designate a parent of the adult [child] or another person
	having physical custody or guardianship of the adult [child] under
	a court order to receive the financial support for the adult
	[child]. The court may designate an adult [a child who is 18 years
	of age or older] to receive the financial support directly.
	(c)  Notwithstanding Subsection (b), a court that orders
	financial support under this section for an adult [child] with a
	medically determinable disability may designate a special needs
	trust and provide that the financial support may be paid directly to
	the trust for the benefit of the adult [child]. The court shall
	order that financial support payable to a special needs trust under
	this subsection be paid directly to the trust and may not order the
	financial support be paid to the state disbursement unit. This
	subsection does not apply in a Title IV-D case.
	(d)  An appeal of the final judgment is an accelerated appeal
	and must be decided by a court of appeals not later than the 180th
	day after the date a notice of appeal is filed.
	SECTION 10.  Section 154.303, Family Code, is amended to
	read as follows:
	Sec. 154.303.  STANDING TO SUE. (a) A suit provided by this
	subchapter may be filed only by:
	(1)  a parent of the adult [child] or another person
	having physical custody or guardianship of the adult [child] under
	a court order; or
	(2)  the adult, [child] if the adult [child]:
	(A)  [is 18 years of age or older;
	[(B)]  does not have an intellectual [a mental]
	disability; and
	(B) [(C)]  is determined by the court to be
	capable of managing the adult's [child's] financial affairs.
	(b)  The parent, adult [the child, if the child is 18 years of
	age or older], or other person may not transfer or assign the cause
	of action to any person, including a governmental or private entity
	or agency, except for an assignment made to the Title IV-D agency
	under Section 231.104 or in the provision of financial [child]
	support enforcement services under Section 159.307.
	SECTION 11.  Section 154.305, Family Code, is amended to
	read as follows:
	Sec. 154.305.  SPECIFIC PROCEDURES. (a) A suit under this
	subchapter may be filed:
	(1)  regardless of the age of the adult [child]; and
	(2)  as an independent cause of action or joined with
	any other claim or remedy provided by this code.
	(b)  If no court has continuing, exclusive jurisdiction of
	the adult [child], an action under this subchapter may be filed as
	an original suit affecting the parent-child relationship.
	(c)  If there is a court of continuing, exclusive
	jurisdiction, an action under this subchapter may be filed as a suit
	for modification as provided by Chapter 156.
	SECTION 12.  Section 154.306, Family Code, is amended to
	read as follows:
	Sec. 154.306.  AMOUNT OF FINANCIAL SUPPORT FOR ADULT WITH
	MEDICALLY DETERMINABLE DISABILITY [AFTER AGE 18]. In determining
	the amount of financial support to be paid after an adult's [a
	child's] 18th birthday, the specific terms and conditions of that
	financial support, and the rights and duties of both parents with
	respect to the financial support of the adult [child], the court
	shall determine and give special consideration to:
	(1)  any existing or future needs of the adult [child]
	directly related to the adult's intellectual [adult child's mental]
	or physical disability and the substantial care and personal
	supervision directly required by or related to that disability;
	(2)  whether the parent pays for or will pay for the
	care or supervision of the adult [child] or provides or will provide
	substantial care or personal supervision of the adult [child];
	(3)  the financial resources available to both parents
	for the support, care, and supervision of the adult [child]; and
	(4)  any other financial resources or other resources
	or programs available for the support, care, and supervision of the
	adult [child].
	SECTION 13.  Section 154.307, Family Code, is amended to
	read as follows:
	Sec. 154.307.  MODIFICATION, TERMINATION, AND ENFORCEMENT.
	(a) An order provided by this subchapter may contain provisions
	governing the rights and duties of both parents with respect to the
	financial support of the adult [child] and may be modified or
	enforced in the same manner as any other order provided by this
	title.
	(b)  Either parent may file a motion for termination of an
	order for support for an indefinite period rendered under this
	subchapter as it existed before September 1, 2023, if the adult who
	is the subject of the order has attained a postsecondary education,
	acquired skills to be gainfully employed, has an employment history
	of more than six months, is able to perform living functions on the
	adult's own, does not receive continuous medical treatment for a
	disability, or does not require substantial care and personal
	supervision.
	SECTION 14.  Section 154.308, Family Code, is amended to
	read as follows:
	Sec. 154.308.  REMEDY NOT EXCLUSIVE. (a) This subchapter
	does not affect a parent's:
	(1)   cause of action for the support of an adult with a
	medically determinable disability [a disabled child] under any
	other law; or
	(2)   ability  to contract for the support of an adult
	with a medically determinable disability [a disabled child].
	(b)  This subchapter does not affect the substantive or
	procedural rights or remedies of a person other than a parent,
	including a governmental or  private entity or agency, with respect
	to the support of an adult with a medically determinable disability
	[a disabled child] under any other law.
	SECTION 15.  Section 154.309, Family Code, is amended to
	read as follows:
	Sec. 154.309.  POSSESSION OF OR ACCESS TO ADULT WITH
	MEDICALLY DETERMINABLE DISABILITY [DISABLED CHILD]. (a) A court
	may render an order for the possession of or access to an adult with
	a medically determinable disability [disabled child] that is
	appropriate under the circumstances.
	(b)  Possession of or access to an adult described by
	Subsection (a) [disabled child] is enforceable in the manner
	provided by Chapter 157. An adult [disabled child] may refuse
	possession or access if the adult [disabled child] is mentally
	competent.
	(c)  A court that obtains continuing, exclusive jurisdiction
	of a suit affecting the parent-child relationship involving an
	adult with a medically determinable disability [a disabled person
	who is a child] retains continuing, exclusive jurisdiction of
	subsequent proceedings involving the person[, including
	proceedings] after the person is an adult. Notwithstanding this
	subsection and any other law, a probate court may exercise
	jurisdiction in a guardianship proceeding for the person after the
	person is an adult.
	SECTION 16.  (a) The changes in law made by this Act apply to
	a suit for the financial support of an adult with a medically
	determinable disability filed on or after the effective date of
	this Act. A suit filed before the effective date of this Act 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.
	(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
	financial support of an adult with a medically determinable
	disability rendered before the effective date of this Act.
	SECTION 17.  This Act takes effect September 1, 2023.