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.