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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a man determined by adjudication or |
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acknowledgment to be a child's father to pay retroactive child |
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support beginning on the date of the child's conception. |
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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: |
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(1) pay retroactive child support beginning on the |
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earliest possible date of the child's conception, as determined by |
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standard medical practice, as defined by Section 171.201, Health |
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and Safety Code; and |
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(2) reimburse the child's mother for 50 percent of: |
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(A) the reasonable and necessary medical |
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expenses incurred by the mother and the child during gestation and |
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delivery and incurred by the mother during postpartum recovery that |
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are not reimbursed by medical insurance; |
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(B) the cost of materials purchased by the mother |
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in preparing for the child's birth that are necessary for the |
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child's health and safety, including: |
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(i) diapers; |
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(ii) a car seat; |
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(iii) a crib; |
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(iv) clothing; and |
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(v) infant formula; and |
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(C) lost wages as a result of time spent |
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receiving medical attention during gestation, delivery, and |
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postpartum recovery. |
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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. |
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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 man's paternity |
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or the man executes a valid acknowledgment of paternity with |
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respect to the child, as applicable. |
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SECTION 2. Section 160.636(g), Family Code, is amended to |
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read as follows: |
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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 3. Section 160.636(h), Family Code, is repealed. |
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SECTION 4. 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 5. The changes in law made by this Act with respect |
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to an acknowledgment of paternity apply only to an acknowledgment |
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of paternity executed on or after the effective date of this Act. |
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An acknowledgment 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 is executed, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |