Texas 2025 - 89th Regular

Texas House Bill HB4509 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15134 KRM-F
2	2	By: Dutton H.B. No. 4509
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to court-ordered financial support by parents of an adult
10	10	with a medically determinable disability.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Chapter 154, Family Code, is
13	13	amended to read as follows:
14	14	CHAPTER 154. CHILD SUPPORT AND SUPPORT OF CERTAIN ADULTS WITH
15	15	DISABILITY
16	16	SECTION 2. The heading to Subchapter A, Chapter 154, Family
17	17	Code, is amended to read as follows:
18	18	SUBCHAPTER A. COURT-ORDERED FINANCIAL [CHILD] SUPPORT OF CHILD OR
19	19	ADULT WITH MEDICALLY DETERMINABLE DISABILITY
20	20	SECTION 3. The heading to Section 154.001, Family Code, is
21	21	amended to read as follows:
22	22	Sec. 154.001. FINANCIAL SUPPORT OF CHILD OR ADULT WITH
23	23	MEDICALLY DETERMINABLE DISABILITY.
24	24	SECTION 4. Sections 154.001(a) and (a-1), Family Code, are
25	25	amended to read as follows:
26	26	(a) The court may order either or both parents to support a
27	27	child in the manner specified by the order:
28	28	(1) until the child is 18 years of age or until
29	29	graduation from high school, whichever occurs later;
30	30	(2) until the child is emancipated through marriage,
31	31	through removal of the disabilities of minority by court order, or
32	32	by other operation of law;
33	33	(3) until the death of the child; or
34	34	(4) as provided by Subchapter F, for a child who is an
35	35	adult with a medically determinable disability [if the child is
36	36	disabled as defined in this chapter, for an indefinite period].
37	37	(a-1) The court may order each person who is financially
38	38	able and whose parental rights have been terminated with respect to
39	39	a child in substitute care for whom the department has been
40	40	appointed managing conservator, a child for a reason described by
41	41	Section 161.001(b)(1)(T)(iv) or (b)(1)(U), or a child who was
42	42	conceived as a direct result of conduct that constitutes an offense
43	43	under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to
44	44	support the child in the manner specified by the order:
45	45	(1) until the earliest of:
46	46	(A) the child's adoption;
47	47	(B) the child's 18th birthday or graduation from
48	48	high school, whichever occurs later;
49	49	(C) removal of the child's disabilities of
50	50	minority by court order, marriage, or other operation of law; or
51	51	(D) the child's death; or
52	52	(2) as provided by Subchapter F, for a child who is an
53	53	adult with a medically determinable disability [if the child is
54	54	disabled as defined in this chapter, for an indefinite period].
55	55	SECTION 5. Section 154.004(c), Family Code, is amended to
56	56	read as follows:
57	57	(c) This section does not apply to:
58	58	(1) a child support order that:
59	59	(A) [(1)] was initially rendered by a court
60	60	before January 1, 1994; and
61	61	(B) [(2)] is not being enforced by the Title IV-D
62	62	agency; or
63	63	(2) an order for the support of a child who is an adult
64	64	with a medically determinable disability.
65	65	SECTION 6. Section 154.015(c), Family Code, is amended to
66	66	read as follows:
67	67	(c) For purposes of this section, the court of continuing
68	68	jurisdiction shall determine the amount of the unpaid child support
69	69	obligation for each child of the deceased obligor. In determining
70	70	the amount of the unpaid child support obligation, the court shall
71	71	consider all relevant factors, including:
72	72	(1) the present value of the total amount of monthly
73	73	periodic child support payments that would become due between the
74	74	month in which the obligor dies and the month in which the child
75	75	turns 18 years of age, based on the amount of the periodic monthly
76	76	child support payments under the child support order in effect on
77	77	the date of the obligor's death;
78	78	(2) the present value of the total amount of health
79	79	insurance and dental insurance premiums payable for the benefit of
80	80	the child from the month in which the obligor dies until the month
81	81	in which the child turns 18 years of age, based on the cost of health
82	82	insurance and dental insurance for the child ordered to be paid on
83	83	the date of the obligor's death;
84	84	(3) in the case of [a disabled child under 18 years of
85	85	age or] an adult with a medically determinable disability
86	86	[disabled child], an amount to be determined by the court under
87	87	Section 154.306;
88	88	(4) the nature and amount of any benefit to which the
89	89	child would be entitled as a result of the obligor's death,
90	90	including life insurance proceeds, annuity payments, trust
91	91	distributions, social security death benefits, and retirement
92	92	survivor benefits; and
93	93	(5) any other financial resource available for the
94	94	support of the child.
95	95	SECTION 7. Section 154.016(b), Family Code, is amended to
96	96	read as follows:
97	97	(b) In determining the nature and extent of the obligation
98	98	to provide for the support of the child in the event of the death of
99	99	the obligor, the court shall consider all relevant factors,
100	100	including:
101	101	(1) the present value of the total amount of monthly
102	102	periodic child support payments from the date the child support
103	103	order is rendered until the month in which the child turns 18 years
104	104	of age, based on the amount of the periodic monthly child support
105	105	payment under the child support order;
106	106	(2) the present value of the total amount of health
107	107	insurance and dental insurance premiums payable for the benefit of
108	108	the child from the date the child support order is rendered until
109	109	the month in which the child turns 18 years of age, based on the cost
110	110	of health insurance and dental insurance for the child ordered to be
111	111	paid; and
112	112	(3) in the case of [a disabled child under 18 years of
113	113	age or] an adult with a medically determinable disability
114	114	[disabled child], an amount to be determined by the court under
115	115	Section 154.306.
116	116	SECTION 8. The heading of Subchapter F, Chapter 154, Family
117	117	Code, is amended to read as follows:
118	118	SUBCHAPTER F. FINANCIAL SUPPORT FOR [A MINOR OR] ADULT WITH
119	119	MEDICALLY DETERMINABLE DISABILITY [DISABLED CHILD]
120	120	SECTION 9. Section 154.301, Family Code, is amended to read
121	121	as follows:
122	122	Sec. 154.301. DEFINITIONS. In this subchapter:
123	123	(1) "Adult [child]" means an individual [a child] 18
124	124	years of age or older.
125	125	(2) "Disability" means:
126	126	(A) the inability to engage in any substantial
127	127	gainful activity by reason of any medically determinable physical
128	128	or mental impairment that can be expected to result in death or that
129	129	has lasted or can be expected to last for a continuous period of not
130	130	less than 12 months; and
131	131	(B) the impairment described by Paragraph (A) is
132	132	of such severity that the adult:
133	133	(i) is unable to do work previously
134	134	performed by the adult; and
135	135	(ii) considering the adult's age,
136	136	education, skills, and work experience, is unable to engage in any
137	137	other kind of substantial gainful work that exists in the national
138	138	economy.
139	139	(3) "Personal supervision" means guidance and
140	140	instruction by someone who is physically present and in such
141	141	proximity that visual contact can be maintained and immediate
142	142	assistance given when required.
143	143	(4) "Substantial" means ample or sustaining ["Child"
144	144	means a son or daughter of any age].
145	145	SECTION 10. Section 154.302, Family Code, is amended to
146	146	read as follows:
147	147	Sec. 154.302. COURT-ORDERED FINANCIAL SUPPORT FOR ADULT
148	148	WITH MEDICALLY DETERMINABLE DISABILITY [DISABLED CHILD]. (a) The
149	149	court may:
150	150	(1) order either or both parents of an adult to provide
151	151	for the financial support of the adult until the adult reaches 21
152	152	years of age or [a child] for a [an indefinite] period of three
153	153	years if the adult is 21 years of age or older; and
154	154	(2) [may] determine the rights and duties of the
155	155	parents if the court identifies competent evidence in the record,
156	156	including medical evidence, and finds that:
157	157	(A) [(1)] the adult:
158	158	(i) [child,] whether institutionalized or
159	159	not, has a medically determinable disability and requires
160	160	substantial care and personal supervision; [because of a mental or
161	161	physical disability] and
162	162	(ii) considering the adult's age,
163	163	education, skills, and work experience, cannot engage in any kind
164	164	of substantial gainful work [will not be capable of self-support];
165	165	and
166	166	(B) [(2)] the medically determinable disability
167	167	exists[, or the cause of the disability is known to exist,] on or
168	168	before the adult's 18th birthday [of the child].
169	169	(a-1) A court must order a medical examination of the adult
170	170	under Rule 204, Texas Rules of Civil Procedure, before making a
171	171	finding of a medically determinable disability under Subsection
172	172	(a). The court shall order both parents to share the cost of the
173	173	medical examination equally.
174	174	(b) A court that orders financial support under this section
175	175	shall designate a parent of the adult [child] or another person
176	176	having physical custody or guardianship of the adult [child] under
177	177	a court order to receive the financial support for the adult
178	178	[child]. The court may designate an adult [a child who is 18 years
179	179	of age or older] to receive the financial support directly. The
180	180	court shall order that the financial support payable to a recipient
181	181	under this subsection be paid directly to the recipient and may not
182	182	order the financial support be paid to the state disbursement unit.
183	183	(c) Notwithstanding Subsection (b), a court that orders
184	184	financial support under this section for an adult [child] with a
185	185	medically determinable disability may designate a special needs
186	186	trust and provide that the financial support may be paid directly to
187	187	the trust for the benefit of the adult [child]. The court shall
188	188	order that financial support payable to a special needs trust under
189	189	this subsection be paid directly to the trust and may not order the
190	190	financial support be paid to the state disbursement unit. [This
191	191	subsection does not apply in a Title IV-D case.]
192	192	(d) An appeal of the final judgment is an accelerated appeal
193	193	and must be decided by a court of appeals not later than the 180th
194	194	day after the date a notice of appeal is filed.
195	195	(e) Notwithstanding Section 231.101 or any other law,
196	196	payment of financial support ordered under this section may not be
197	197	enforced by the Title IV-D agency.
198	198	SECTION 11. Section 154.303, Family Code, is amended to
199	199	read as follows:
200	200	Sec. 154.303. STANDING TO SUE. (a) A suit provided by this
201	201	subchapter may be filed only by:
202	202	(1) a parent of the adult [child] or another person
203	203	having physical custody or guardianship of the adult [child] under
204	204	a court order; or
205	205	(2) the adult, [child] if the adult [child]:
206	206	(A) [is 18 years of age or older;
207	207	[(B)] does not have an intellectual [a mental]
208	208	disability; and
209	209	(B) [(C)] is determined by the court to be
210	210	capable of managing the adult's [child's] financial affairs.
211	211	(b) The parent, adult [the child, if the child is 18 years of
212	212	age or older], or other person may not transfer or assign the cause
213	213	of action to any person, including a governmental or private entity
214	214	or agency[, except for an assignment made to the Title IV-D agency
215	215	under Section 231.104 or in the provision of child support
216	216	enforcement services under Section 159.307].
217	217	SECTION 12. Section 154.305, Family Code, is amended to
218	218	read as follows:
219	219	Sec. 154.305. SPECIFIC PROCEDURES. (a) A suit under this
220	220	subchapter may be filed:
221	221	(1) regardless of the age of the adult [child]; and
222	222	(2) as an independent cause of action or joined with
223	223	any other claim or remedy provided by this code.
224	224	(b) If no court has continuing, exclusive jurisdiction of
225	225	the adult [child], an action under this subchapter may be filed as
226	226	an original suit affecting the parent-child relationship.
227	227	(c) If there is a court of continuing, exclusive
228	228	jurisdiction, an action under this subchapter may be filed as a suit
229	229	for modification as provided by Chapter 156.
230	230	SECTION 13. Section 154.306, Family Code, is amended to
231	231	read as follows:
232	232	Sec. 154.306. AMOUNT OF FINANCIAL SUPPORT FOR ADULT WITH
233	233	MEDICALLY DETERMINABLE DISABILITY [AFTER AGE 18]. In determining
234	234	the amount of financial support to be paid after an adult's [a
235	235	child's] 18th birthday, the specific terms and conditions of that
236	236	financial support, and the rights and duties of both parents with
237	237	respect to the financial support of the adult [child], the court
238	238	shall determine and give special consideration to:
239	239	(1) any existing or future needs of the adult [child]
240	240	directly related to the adult's intellectual [adult child's mental]
241	241	or physical disability and the substantial care and personal
242	242	supervision directly required by or related to that disability;
243	243	(2) whether the parent pays for or will pay for the
244	244	care or supervision of the adult [child] or provides or will provide
245	245	substantial care or personal supervision of the adult [child];
246	246	(3) the financial resources available to both parents
247	247	for the support, care, and supervision of the adult [child]; and
248	248	(4) any other financial resources or other resources
249	249	or programs available for the support, care, and supervision of the
250	250	adult [child].
251	251	SECTION 14. Section 154.307, Family Code, is amended to
252	252	read as follows:
253	253	Sec. 154.307. MODIFICATION, TERMINATION, AND ENFORCEMENT.
254	254	(a) An order provided by this subchapter may contain provisions
255	255	governing the rights and duties of both parents with respect to the
256	256	financial support of the adult [child] and, except as otherwise
257	257	provided by this subchapter, may be modified or enforced in the same
258	258	manner as any other order provided by this title.
259	259	(b) Either parent may file a motion for termination of an
260	260	order for support for an indefinite period rendered under this
261	261	subchapter as it existed before September 1, 2025, if the adult who
262	262	is the subject of the order has attained a postsecondary education,
263	263	acquired skills to be gainfully employed, has an employment history
264	264	of more than six months, is able to perform living functions on the
265	265	adult's own, does not receive continuous medical treatment for a
266	266	disability, or does not require substantial care and personal
267	267	supervision. The court shall make a determination on the motion by
268	268	a preponderance of the evidence.
269	269	SECTION 15. Section 154.308, Family Code, is amended to
270	270	read as follows:
271	271	Sec. 154.308. REMEDY NOT EXCLUSIVE. (a) This subchapter
272	272	does not affect a parent's:
273	273	(1) cause of action for the support of an adult with a
274	274	medically determinable disability [a disabled child] under any
275	275	other law; or
276	276	(2) ability to contract for the support of an adult
277	277	with a medically determinable disability [a disabled child].
278	278	(b) This subchapter does not affect the substantive or
279	279	procedural rights or remedies of a person other than a parent,
280	280	including a governmental or private entity or agency, with respect
281	281	to the support of an adult with a medically determinable disability
282	282	[a disabled child] under any other law.
283	283	SECTION 16. Section 154.309, Family Code, is amended to
284	284	read as follows:
285	285	Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT WITH
286	286	MEDICALLY DETERMINABLE DISABILITY [DISABLED CHILD]. (a) A court
287	287	may render an order for the possession of or access to an adult with
288	288	a medically determinable disability [disabled child] that is
289	289	appropriate under the circumstances.
290	290	(b) Possession of or access to an adult described by
291	291	Subsection (a) [disabled child] is enforceable in the manner
292	292	provided by Chapter 157. An adult [disabled child] may refuse
293	293	possession or access if the adult [disabled child] is mentally
294	294	competent.
295	295	(c) A court that obtains continuing, exclusive jurisdiction
296	296	of a suit affecting the parent-child relationship involving an
297	297	adult with a medically determinable disability [a disabled person
298	298	who is a child] retains continuing, exclusive jurisdiction of
299	299	subsequent proceedings involving the person[, including
300	300	proceedings] after the person is an adult. Notwithstanding this
301	301	subsection and any other law, a probate court may exercise
302	302	jurisdiction in a guardianship proceeding for the person after the
303	303	person is an adult.
304	304	SECTION 17. (a) The changes in law made by this Act apply to
305	305	a suit for the financial support of an adult with a medically
306	306	determinable disability filed on or after the effective date of
307	307	this Act. A suit filed before the effective date of this Act is
308	308	governed by the law in effect on the date the suit was filed, and the
309	309	former law is continued in effect for that purpose.
310	310	(b) The change in law made by this Act does not by itself
311	311	constitute a material and substantial change of circumstances under
312	312	Section 156.401, Family Code, sufficient to warrant modification of
313	313	a court order or a portion of a decree that provides for the
314	314	financial support of an adult with a medically determinable
315	315	disability rendered before the effective date of this Act.
316	316	SECTION 18. This Act takes effect September 1, 2025.