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A BILL TO BE ENTITLED
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AN ACT
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relating to the failure to pay child support by certain biological |
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fathers; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 157, Family Code, is amended by adding |
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Subchapter L to read as follows: |
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SUBCHAPTER L. CRIMINAL OFFENSE OF FAILURE TO PAY CHILD SUPPORT |
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Sec. 157.601. APPLICABILITY. This subchapter applies only |
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to a biological father who fails to pay child support for a child |
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born to a mother who during the pregnancy was unable to access or |
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receive abortion services. |
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Sec. 157.602. CRIMINAL OFFENSE: FAILURE TO PAY CHILD |
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SUPPORT. (a) A biological father described by Section 157.601 |
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commits an offense if the father accrues child support arrearages |
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for a period of six months or longer. |
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(b) An offense under Subsection (a) is a Class B misdemeanor |
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with a term of confinement of not less than 180 days, except that: |
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(1) the offense is a Class A misdemeanor with a term of |
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confinement of not less than one year if the father has been |
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previously convicted one time of an offense under Subsection (a); |
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and |
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(2) the offense is a state jail felony if the father |
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has been previously convicted two or more times of an offense under |
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Subsection (a). |
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(c) If a father is convicted of an offense under this |
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section punishable as a Class B misdemeanor, the court may sentence |
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the defendant to a term of confinement of less than 180 days if the |
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defendant consents to undergo a voluntary vasectomy. |
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(d) If a father is convicted of an offense under this |
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section punishable as a Class A misdemeanor, the court may sentence |
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the defendant to a term of confinement of less than one year if the |
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defendant has not previously undergone a voluntary vasectomy under |
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Subsection (c) and consents to undergo a voluntary vasectomy. |
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(e) If conduct constituting an offense under Subsection (b) |
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also constitutes an offense under Section 25.05, Penal Code, or |
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another provision of law, the defendant may be prosecuted under |
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either or both laws. |
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Sec. 157.603. AFFIRMATIVE DEFENSE. It is an affirmative |
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defense to prosecution under Section 157.602 that the biological |
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father supported the mother's efforts to access and receive |
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abortion services during the pregnancy. |
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SECTION 2. Subchapter L, Chapter 157, Family Code, as added |
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by this Act, applies only to child support arrearages that accrue on |
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or after the effective date of this Act. Child support arrearages |
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that accrue before the effective date of this Act are governed by |
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the law in effect immediately before the effective date of this Act, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |