By Goodman H.B. No. 724
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of the parent-child relationship,
1-3 determination of paternity, and the payment of child support in a
1-4 suit in which establishment of the parent-child relationship or a
1-5 determination of paternity is sought.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 11.14(j), Family Code, is amended to read
1-8 as follows:
1-9 (j) In any suit seeking the establishment of the
1-10 parent-child relationship, after a hearing the court shall grant a
1-11 motion for a preferential setting for a final hearing on the merits
1-12 filed by a party to the suit or by the attorney or guardian ad
1-13 litem for the child and shall give precedence to that hearing over
1-14 other civil cases if discovery has been completed or sufficient
1-15 time has elapsed since the filing of the suit for the completion of
1-16 all necessary and reasonable discovery if diligently pursued. The
1-17 provisions of this section regarding preferential setting apply to
1-18 final hearing on the merits without regard to whether the suit is
1-19 set for a trial before the court or before a jury.
1-20 SECTION 2. Sections 12.06(a) and (c), Family Code, are
1-21 amended to read as follows:
1-22 (a) In any suit affecting the parent-child relationship, a
1-23 man who is a presumed father under Section 12.02(a) of this code or
1-24 the biological mother <other than a suit under Chapter 13 of this
2-1 code, a husband or wife> is entitled to deny the presumed father's
2-2 <husband's> paternity of the child <who is the subject of the suit
2-3 and who was born or conceived during the marriage of the parties>.
2-4 The question of paternity under this section must be raised by an
2-5 express statement denying paternity of the child in the party's
2-6 <spouse's> pleadings in the suit, without regard to whether the
2-7 presumed father or biological mother <spouse> is a petitioner or
2-8 respondent.
2-9 (c) In any suit in which a question of paternity is raised
2-10 under this section, the party <husband or wife who is> denying the
2-11 presumed father's <husband's> paternity of the child has the
2-12 burden of rebutting the presumption of paternity as provided in
2-13 this code. An order for temporary child support, conservatorship,
2-14 or other relief entered under Section 11.11 of this code is valid
2-15 and enforceable unless superseded by a final decree finding
2-16 nonpaternity of the presumed father <husband>.
2-17 SECTION 3. Section 13.01, Family Code, is amended by
2-18 amending the section heading and Subsection (a) to read as follows:
2-19 Sec. 13.01. <PARTIES: TIME> LIMITATION OF ACTION <SUIT>.
2-20 (a) <A suit to establish the parent child relationship between a
2-21 child who has no presumed father and the child's biological father
2-22 may be brought by the mother, by a man claiming to be or possibly
2-23 to be the father, or by any other person or governmental entity
2-24 having standing to sue under Section 11.03 of this code.> A suit
2-25 to establish paternity may be brought before the birth of the
2-26 child, but must be brought on or before the second anniversary of
2-27 the day the child becomes an adult, or the suit is barred.
3-1 SECTION 4. Section 13.02(a), Family Code, is amended to read
3-2 as follows:
3-3 (a) When the respondent appears in a paternity suit, the
3-4 court shall order the mother, alleged father, and child to submit
3-5 to the taking of blood, body fluid, or tissue samples for the
3-6 purpose of scientifically accepted paternity testing. The court
3-7 shall require in its order testing necessary to ascertain the
3-8 possibility of the alleged father's paternity and shall require
3-9 that the tests exclude at least 99 <95> percent of the male
3-10 population from the possibility of being the father of the child,
3-11 except that the court shall permit the omission of any further
3-12 testing if the testing has been conducted sufficient to establish
3-13 that the alleged father is not the father of the child, or if the
3-14 costs of testing have reached an amount that the court determines
3-15 to be the greatest amount that may reasonably be borne by one or
3-16 more parties to the suit. If the appearance is before the birth of
3-17 the child, the court shall order the taking of blood, body fluid,
3-18 or tissue samples to be made as soon as medically practical after
3-19 the birth.
3-20 SECTION 5. Section 13.04, Family Code, is amended by
3-21 amending Subsection (f) and adding Subsection (g) to read as
3-22 follows:
3-23 (f) At the pretrial conference the court may issue a
3-24 temporary order under Section 11.11 of this code, including an
3-25 order for the temporary support of the child, if the court finds
3-26 that:
3-27 (1) the respondent is not excluded as the biological
4-1 father of the child; and
4-2 (2) at least 99 <95> percent of the male population
4-3 is excluded from being the biological father of the child.
4-4 (g) Paternity test results offered at a pretrial conference
4-5 are admissible as evidence if the tests were conducted under a
4-6 court order or by agreement of the parties without regard to
4-7 whether the tests were performed before or after the filing of a
4-8 suit under this title.
4-9 SECTION 6. Section 13.05, Family Code, is amended by
4-10 amending the section heading and adding Subsection (c) to read as
4-11 follows:
4-12 Sec. 13.05. PRETRIAL PROCEEDINGS: EFFECT OF PATERNITY
4-13 <BLOOD> TESTS.
4-14 (c) If the court finds that at least 99 percent of the male
4-15 population is excluded from the possibility of being the child's
4-16 father, the court shall, in making a finding under this section,
4-17 shift the burden of proof to the party opposing the establishment
4-18 of the alleged father's paternity.
4-19 SECTION 7. Section 13.06, Family Code, is amended by
4-20 amending Subsection (c) and adding Subsection (g) to read as
4-21 follows:
4-22 (c) If the paternity tests show the possibility of the
4-23 alleged father's paternity, the court shall <may> admit this
4-24 evidence if offered at the trial. Paternity test results offered
4-25 at the trial shall be admissible as evidence if the tests were
4-26 conducted under court order or by agreement of the parties, without
4-27 regard to whether such tests were performed before or after the
5-1 filing of a suit under this title. If the paternity tests show the
5-2 possibility of the alleged father's paternity and that at least 99
5-3 <95> percent of the male population is excluded from the
5-4 possibility of being the father, then evidence of these facts
5-5 constitutes a prima facie showing of the alleged father's
5-6 paternity, and the party opposing the establishment of the alleged
5-7 father's paternity has the burden of proving that the alleged
5-8 father is not the father of the child.
5-9 (g) The party seeking to establish the alleged father's
5-10 paternity retains the right to open and close at trial without
5-11 regard to whether the court has shifted the burden of proof to the
5-12 opposing party.
5-13 SECTION 8. Section 13.22(b), Family Code, is amended to read
5-14 as follows:
5-15 (b) The statement of paternity must clearly state that the
5-16 man signing the statement<:>
5-17 <(1) the father> acknowledges the child as his
5-18 biological child<;>
5-19 <(2) he and the mother, who is named in the statement,
5-20 were not married to each other at the time of conception of the
5-21 child or at any subsequent time; and>
5-22 <(3) the child is not the biological child of another
5-23 man>.
5-24 SECTION 9. Section 13.42(a), Family Code, is amended to read
5-25 as follows:
5-26 (a) In a suit in which a determination of paternity is
5-27 sought, the court may provide for the managing and possessory
6-1 conservatorship and support of and access to the child; except that
6-2 no alleged father denying paternity may be required to make any
6-3 payment for the support of the child until paternity is established
6-4 or, in the case of temporary orders as authorized by Section 13.04
6-5 of this code, the court finds that the alleged father is not
6-6 excluded as the biological father of the child and at least 99
6-7 percent of the male population is excluded from being the
6-8 biological father of the child. On a finding of paternity, the
6-9 court may order support retroactive to the time of the birth
6-10 <filing> of the child <suit> and, on a proper showing, may order a
6-11 party to pay an equitable portion of all prenatal and postnatal
6-12 related health care expenses of the mother and child. In making an
6-13 order for retroactive child support under this subsection, the
6-14 court shall use the child support guidelines provided by Section
6-15 14.053 of this code together with any relevant factors.
6-16 SECTION 10. Section 14.053, Family Code, is amended by
6-17 adding Subsection (l) to read as follows:
6-18 (l) Retroactive Support. The guidelines for the support of
6-19 a child in this chapter are intended to guide the court in
6-20 determining the amount of retroactive child support, if any, to be
6-21 ordered under this chapter or Chapter 13 of this code. In ordering
6-22 retroactive child support, the court shall consider the net
6-23 resources of the obligor during the relevant time period. In
6-24 making an order of retroactive support under this subsection, the
6-25 court shall consider the following evidentiary factors:
6-26 (1) whether the mother of the child had made any
6-27 previous attempts to notify the biological father of his paternity
7-1 or probable paternity;
7-2 (2) whether the biological father had knowledge of his
7-3 paternity or probable paternity;
7-4 (3) whether the order of retroactive child support
7-5 will impose an undue financial hardship on the obligor or his
7-6 family; and
7-7 (4) whether the obligor has provided actual support or
7-8 other necessaries prior to the filing of the action.
7-9 SECTION 11. Section 11.08(c), Family Code, is repealed.
7-10 SECTION 12. (a) This Act takes effect September 1, 1993.
7-11 (b) This Act applies to a pending paternity proceeding
7-12 without regard to whether the proceeding was commenced before, on,
7-13 or after the effective date of this Act.
7-14 (c) The change in law made by Section 9 of this Act
7-15 authorizing the court to order the payment of child support
7-16 retroactive to the child's birth applies to the payment of child
7-17 support in a pending paternity proceeding without regard to whether
7-18 the child was born before, on, or after the effective date of this
7-19 Act.
7-20 SECTION 13. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended.