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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of parentage and the duty to pay child |
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support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 154, Family Code, is |
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amended by adding Section 154.0091 to read as follows: |
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Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR |
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ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other |
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provision of this chapter or other law, in any order rendered under |
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Chapter 160, establishing a man's paternity of a child, or in any |
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suit to establish the child support obligation of a man whose |
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paternity has been established by the execution of a valid |
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acknowledgment of paternity in regard to the child under Subchapter |
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D, Chapter 160, the court shall order the man to pay retroactive |
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child support for the child beginning on the earliest possible date |
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of the child's conception, as determined by a physician. |
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(b) In ordering retroactive child support under this |
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section, the court shall apply the child support guidelines |
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provided by this chapter and, on a proper showing, order the man to |
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pay an equitable portion of all of the prenatal and postnatal health |
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care expenses of the mother and the child. |
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(c) Notwithstanding Section 157.261 or any other law, |
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interest does not begin to accrue on a retroactive child support |
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payment due under this section until the first anniversary of the |
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date the judge renders the order establishing the obligation. |
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SECTION 2. Section 160.304(c), Family Code, is amended to |
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read as follows: |
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(c) Subject to Subsection (a), an acknowledgment of |
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paternity or denial of paternity takes effect on [the date of the |
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birth of the child or] the filing of the document with the vital |
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statistics unit[, whichever occurs later]. |
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SECTION 3. Section 160.502(b), Family Code, is amended to |
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read as follows: |
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(b) If a request for genetic testing of a child is made |
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before the birth of the child, the court or support enforcement |
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agency may [not] order in utero testing only if: |
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(1) the request is made by the pregnant mother; and |
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(2) the pregnant mother is not pregnant with multiple |
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children. |
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SECTION 4. Section 160.611, Family Code, is amended to read |
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as follows: |
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Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding |
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to determine parentage commenced before the birth of the child may |
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not be concluded until after the birth of the child unless the |
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pregnant mother: |
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(1) commences the proceeding; and |
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(2) is not pregnant with multiple children. |
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(b) Notwithstanding Subsection (a), in any [In a] |
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proceeding to determine parentage commenced before the birth of the |
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child [described by Subsection (a)], the following actions may be |
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taken before the birth of the child: |
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(1) service of process; |
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(2) discovery; and |
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(3) except as prohibited by Section 160.502, |
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collection of specimens for genetic testing. |
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SECTION 5. Sections 160.636(b) and (g), Family Code, are |
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amended to read as follows: |
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(b) An order adjudicating parentage must identify the child |
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by name and date of birth, except that if the order is rendered |
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before the date of the child's birth: |
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(1) the order must identify the mother and father of |
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the unborn child and the child's expected date of birth; and |
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(2) as soon as practicable after the date of the |
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child's birth, the order must be amended to identify the child by |
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name and date of birth. |
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(g) On a finding of parentage, the court shall [may] order |
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retroactive child support as provided by Section 154.0091 [Chapter |
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154 and, on a proper showing, order a party to pay an equitable |
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portion of all of the prenatal and postnatal health care expenses of |
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the mother and the child]. |
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SECTION 6. Section 160.636(h), Family Code, is repealed. |
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SECTION 7. The changes in law made by this Act with respect |
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to an order adjudicating paternity apply only to an order rendered |
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on or after the effective date of this Act. An order adjudicating |
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paternity rendered before the effective date of this Act is |
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governed by the law in effect on the date the order is rendered, and |
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the former law is continued in effect for that purpose. |
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SECTION 8. The changes in law made by the Act with respect |
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to an acknowledgment of paternity or denial of paternity apply only |
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to an acknowledgment of paternity or denial of paternity executed |
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on or after the effective date of this Act. An acknowledgment of |
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paternity or denial of paternity executed before the effective date |
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of this Act is governed by the law in effect on the date the |
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acknowledgment or denial is executed, and the former law is |
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continued in effect for that purpose. |
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SECTION 9. The changes in law made by this Act to Section |
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160.611, Family Code, apply to a proceeding to determine parentage |
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that is pending on the effective date of this Act or filed on or |
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after that date. |
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SECTION 10. This Act takes effect September 1, 2023. |