Bill Text: TX HB3446 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to court-ordered financial support by parents of an adult with a medically determinable disability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-05-10 - Referred to State Affairs [HB3446 Detail]

Download: Texas-2023-HB3446-Comm_Sub.html

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88R24901 AMF-F
By: Dutton H.B. No. 3446
Substitute the following for H.B. No. 3446:
By: Dutton C.S.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
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. The
court shall order that the financial support payable to a recipient
under this subsection be paid directly to the recipient and may not
order the financial support be paid to the state disbursement unit.
(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.
(e) Notwithstanding Section 231.101 or any other law,
payment of financial support ordered under this section may not be
enforced by the Title IV-D agency.
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 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, except as otherwise
provided by this subchapter, 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. The court shall make a determination on the motion by
a preponderance of the evidence.
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.