S.B. No. 497

ADULT DISABLED CHILD

Effective Date: September 1, 1997

AN ACT

relating to certain persons having custody of an adult disabled child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.  Section 154.302, Family Code, is amended to read as follows:

Sec. 154.302.  COURT-ORDERED SUPPORT FOR DISABLED CHILD. (a)  The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that:

(1)  the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and

(2)  the disability exists, or the cause of the disability is known to exist, on or before the 18th birthday of the child.

(b)  A court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child. The court may designate a child who is 18 years of age or older to receive the support directly.

SECTION 2.  Section 154.303, Family Code, is amended to read as follows:

Sec. 154.303.  [ONLY A PARENT HAS] STANDING TO SUE. (a)  A suit provided by this subchapter may be filed only by:

(1)  a parent of the child or another person having physical custody or guardianship of the child under a court order; or

(2)  the child if the child:

(A)  is 18 years of age or older;

(B)  does not have a mental disability; and

(C)  is determined by the court to be capable of managing the child's financial affairs.

(b)  The parent, 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.

SECTION 3.  This Act takes effect September 1, 1997.

SECTION 4.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.


Courtesy of Glenn M. Karisch, Ikard & Golden, P. C., Austin, Texas. This page was last revised on May 31, 1997.