H.B. No. 724
1-1 AN ACT
1-2 relating to the establishment of the parent-child relationship,
1-3 determination of paternity, the payment of child support in a suit
1-4 in which establishment of the parent-child relationship or a
1-5 determination of paternity is sought, and to the administration of
1-6 a statewide plan for child support by the attorney general's
1-7 office.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 2.01, Family Code, is amended to read as
1-10 follows:
1-11 Sec. 2.01. State Policy. In order to promote the public
1-12 health and welfare and to provide the necessary records, this code
1-13 prescribes detailed and specific rules to be followed in
1-14 establishing the marriage relationship. However, in order to
1-15 provide stability for those entering into the marriage relationship
1-16 in good faith and to provide for an orderly determination of
1-17 parentage <legitimacy> and security for the children of the
1-18 relationship, it is the policy of this state to preserve and uphold
1-19 each marriage against claims of invalidity unless strong reasons
1-20 exist for holding it void or voidable. Therefore, every marriage
1-21 entered into in this state is considered valid unless it is
1-22 expressly made void by this chapter or unless it is expressly made
1-23 voidable by this chapter and is annulled as provided by this
1-24 chapter. When two or more marriages of a person to different
2-1 spouses are alleged, the most recent marriage is presumed to be
2-2 valid as against each marriage that precedes it until one who
2-3 asserts the validity of a prior marriage proves its validity.
2-4 SECTION 2. Section 11.14(j), Family Code, is amended to read
2-5 as follows:
2-6 (j) In any suit seeking the establishment of the
2-7 parent-child relationship, after a hearing the court shall grant a
2-8 motion for a preferential setting for a final hearing on the merits
2-9 filed by a party to the suit or by the attorney or guardian ad
2-10 litem for the child and shall give precedence to that hearing over
2-11 other civil cases if discovery has been completed or sufficient
2-12 time has elapsed since the filing of the suit for the completion of
2-13 all necessary and reasonable discovery if diligently pursued. The
2-14 provisions of this section regarding preferential setting apply to
2-15 final hearing on the merits without regard to whether the suit is
2-16 set for a trial before the court or before a jury.
2-17 SECTION 3. Sections 12.06(a) and (c), Family Code, are
2-18 amended to read as follows:
2-19 (a) In any suit affecting the parent-child relationship, a
2-20 man who is a presumed father under Section 12.02(a) of this code,
2-21 the biological mother, or a governmental entity <other than a suit
2-22 under Chapter 13 of this code, a husband or wife> is entitled to
2-23 deny any presumed father's <the husband's> paternity of the child
2-24 <who is the subject of the suit and who was born or conceived
2-25 during the marriage of the parties>. The question of paternity
2-26 under this section must be raised by an express statement denying
2-27 paternity of the child in a party's <the spouse's> pleadings in the
3-1 suit, without regard to whether the presumed father or biological
3-2 mother <spouse> is a petitioner or respondent.
3-3 (c) In any suit in which a question of paternity is raised
3-4 under this section, the party <husband or wife who is> denying the
3-5 presumed father's <husband's> paternity of the child has the
3-6 burden of rebutting the presumption of paternity as provided in
3-7 this code. An order for temporary child support, conservatorship,
3-8 or other relief entered under Section 11.11 of this code is valid
3-9 and enforceable unless superseded by a final decree finding
3-10 nonpaternity of the presumed father <husband>.
3-11 SECTION 4. Section 13.01, Family Code, is amended by
3-12 amending the section heading and Subsection (a) to read as follows:
3-13 Sec. 13.01. <PARTIES: TIME> LIMITATION OF ACTION <SUIT>.
3-14 (a) <A suit to establish the parent child relationship between a
3-15 child who has no presumed father and the child's biological father
3-16 may be brought by the mother, by a man claiming to be or possibly
3-17 to be the father, or by any other person or governmental entity
3-18 having standing to sue under Section 11.03 of this code.> A suit
3-19 to establish paternity may be brought before the birth of the
3-20 child, but must be brought on or before the second anniversary of
3-21 the day the child becomes an adult, or the suit is barred.
3-22 SECTION 5. Section 13.02(a), Family Code, is amended to read
3-23 as follows:
3-24 (a) When the respondent appears in a paternity suit, the
3-25 court shall order the mother, alleged father, and child to submit
3-26 to the taking of blood, body fluid, or tissue samples for the
3-27 purpose of scientifically accepted paternity testing. The court
4-1 shall require in its order testing necessary to ascertain the
4-2 possibility of the alleged father's paternity and shall require
4-3 that the tests exclude at least 99 <95> percent of the male
4-4 population from the possibility of being the father of the child,
4-5 except that the court shall permit the omission of any further
4-6 testing if the testing has been conducted sufficient to establish
4-7 that the alleged father is not the father of the child, or if the
4-8 costs of testing have reached an amount that the court determines
4-9 to be the greatest amount that may reasonably be borne by one or
4-10 more parties to the suit. If the appearance is before the birth of
4-11 the child, the court shall order the taking of blood, body fluid,
4-12 or tissue samples to be made as soon as medically practical after
4-13 the birth.
4-14 SECTION 6. Section 13.04, Family Code, is amended by
4-15 amending Subsection (f) and adding Subsection (g) to read as
4-16 follows:
4-17 (f) At the pretrial conference the court may issue a
4-18 temporary order under Section 11.11 of this code, including an
4-19 order for the temporary support of the child, if the court finds
4-20 that:
4-21 (1) the respondent is not excluded as the biological
4-22 father of the child; and
4-23 (2) at least 99 <95> percent of the male population
4-24 is excluded from being the biological father of the child.
4-25 (g) Paternity test results offered at a pretrial conference
4-26 are admissible as evidence if the tests were conducted under a
4-27 court order or by agreement of the parties without regard to
5-1 whether the tests were performed before or after the filing of a
5-2 suit under this title.
5-3 SECTION 7. Section 13.05, Family Code, is amended by
5-4 amending the section heading and adding Subsection (c) to read as
5-5 follows:
5-6 Sec. 13.05. PRETRIAL PROCEEDINGS: EFFECT OF PATERNITY
5-7 <BLOOD> TESTS.
5-8 (c) If the court finds that at least 99 percent of the male
5-9 population is excluded from the possibility of being the child's
5-10 father, the court shall, in making a finding under this section,
5-11 shift the burden of proof to the party opposing the establishment
5-12 of the alleged father's paternity.
5-13 SECTION 8. Section 13.06, Family Code, is amended by
5-14 amending Subsection (c) and adding Subsection (g) to read as
5-15 follows:
5-16 (c) If the paternity tests show the possibility of the
5-17 alleged father's paternity, the court shall <may> admit this
5-18 evidence if offered at the trial. Paternity test results offered
5-19 at the trial shall be admissible as evidence if the tests were
5-20 conducted under court order or by agreement of the parties, without
5-21 regard to whether such tests were performed before or after the
5-22 filing of a suit under this title. If the paternity tests show the
5-23 possibility of the alleged father's paternity and that at least 99
5-24 <95> percent of the male population is excluded from the
5-25 possibility of being the father, then evidence of these facts
5-26 constitutes a prima facie showing of the alleged father's
5-27 paternity, and the party opposing the establishment of the alleged
6-1 father's paternity has the burden of proving that the alleged
6-2 father is not the father of the child.
6-3 (g) The party seeking to establish the alleged father's
6-4 paternity retains the right to open and close at trial without
6-5 regard to whether the court has shifted the burden of proof to the
6-6 opposing party.
6-7 SECTION 9. Section 13.09, Family Code, is amended to read as
6-8 follows:
6-9 Sec. 13.09. Effect of Decree Establishing Paternity. The
6-10 effect of a decree designating the alleged father as the father of
6-11 the child is to create the parent-child relationship between the
6-12 father and the child for all purposes <as if the child were born to
6-13 the father and mother during marriage>.
6-14 SECTION 10. Section 13.22(b), Family Code, is amended to
6-15 read as follows:
6-16 (b) The statement of paternity must clearly state that the
6-17 man signing the statement<:>
6-18 <(1) the father> acknowledges the child as his
6-19 biological child<;>
6-20 <(2) he and the mother, who is named in the statement,
6-21 were not married to each other at the time of conception of the
6-22 child or at any subsequent time; and>
6-23 <(3) the child is not the biological child of another
6-24 man>.
6-25 SECTION 11. Section 13.42(a), Family Code, is amended to
6-26 read as follows:
6-27 (a) In a suit in which a determination of paternity is
7-1 sought, the court may provide for the managing and possessory
7-2 conservatorship and support of and access to the child; except that
7-3 no alleged father denying paternity may be required to make any
7-4 payment for the support of the child until paternity is established
7-5 or, in the case of temporary orders as authorized by Section 13.04
7-6 of this code, the court finds that the alleged father is not
7-7 excluded as the biological father of the child and at least 99
7-8 percent of the male population is excluded from being the
7-9 biological father of the child. On a finding of paternity, the
7-10 court may order support retroactive to the time of the birth
7-11 <filing> of the child <suit> and, on a proper showing, may order a
7-12 party to pay an equitable portion of all prenatal and postnatal
7-13 related health care expenses of the mother and child. In making an
7-14 order for retroactive child support under this subsection, the
7-15 court shall use the child support guidelines provided by Section
7-16 14.053 of this code together with any relevant factors.
7-17 SECTION 12. Section 14.053, Family Code, is amended by
7-18 adding Subsection (l) to read as follows:
7-19 (l) Retroactive Support. The guidelines for the support of
7-20 a child in this chapter are intended to guide the court in
7-21 determining the amount of retroactive child support, if any, to be
7-22 ordered under this chapter or Chapter 13 of this code. In ordering
7-23 retroactive child support, the court shall consider the net
7-24 resources of the obligor during the relevant time period. In
7-25 making an order of retroactive support under this subsection, the
7-26 court shall consider the following evidentiary factors:
7-27 (1) whether the mother of the child had made any
8-1 previous attempts to notify the biological father of his paternity
8-2 or probable paternity;
8-3 (2) whether the biological father had knowledge of his
8-4 paternity or probable paternity;
8-5 (3) whether the order of retroactive child support
8-6 will impose an undue financial hardship on the obligor or his
8-7 family; and
8-8 (4) whether the obligor has provided actual support or
8-9 other necessaries before the filing of the action.
8-10 SECTION 13. Section 14.80, Family Code, is amended by
8-11 amending Subdivision (4) and adding Subdivision (7) to read as
8-12 follows:
8-13 (4) "Child support services" means administrative or
8-14 court actions to:
8-15 (A) establish paternity;
8-16 (B) establish, modify, or enforce child support
8-17 or medical support obligations;
8-18 (C) <(B)> locate absent parents; or
8-19 (D) <(C)> cooperate with other states in these
8-20 actions and any other action authorized or as required under Part D
8-21 of Title IV of the federal Social Security Act (42 U.S.C. Section
8-22 651 et seq.) or Chapter 76, Human Resources Code.
8-23 (7) "Child support review officer" means an individual
8-24 designated by a child support agency to conduct reviews under this
8-25 subchapter who has received certified family law mediation
8-26 training.
8-27 SECTION 14. Subchapter D, Chapter 14, Family Code, is
9-1 amended by adding Sections 14.801-14.809 to read as follows:
9-2 Sec. 14.801. ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
9-3 NOT APPLICABLE. The child support review process under this
9-4 subchapter is not governed by the Administrative Procedure and
9-5 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
9-6 Statutes).
9-7 Sec. 14.802. CHILD SUPPORT REVIEW PROCESS: GENERAL
9-8 PROVISIONS. (a) The purpose of the child support review process
9-9 authorized under this subchapter is to provide child support
9-10 agencies an opportunity to resolve child support actions through
9-11 negotiations and by the agreement of the parties. To the extent
9-12 permitted by this subchapter, child support agencies shall make the
9-13 child support review process understandable to all parties and
9-14 shall encourage agreements through mediation.
9-15 (b) An administrative action under this subchapter may be
9-16 initiated by the issuance of a notice of child support review under
9-17 Section 14.803 of this code by a child support agency.
9-18 (c) In a child support review under this subchapter, a child
9-19 support agency may issue an administrative subpoena to a parent, a
9-20 person presumed or alleged to be the father of a child for whom
9-21 support is sought, or any individual or organization believed to
9-22 have information on the financial resources of the parent or
9-23 presumed or alleged father.
9-24 (d) To determine the appropriate amount of child support, in
9-25 applying the child support guidelines in this code, a child support
9-26 agency shall use any information obtained by the child support
9-27 agency through a notice of child support review or any other
10-1 source. If the child support agency determines that the support
10-2 amount in an existing child support order is not in substantial
10-3 compliance with the guidelines, the child support agency shall
10-4 issue an appropriate child support review order, including a review
10-5 order that, notwithstanding Section 14.08 of this code, has the
10-6 effect of modifying an existing order for child support without the
10-7 necessity of filing a motion to modify.
10-8 (e) A notice required in an administrative action under this
10-9 subchapter must be delivered or served by first class mail or
10-10 certified mail on each party entitled to citation or notice under
10-11 Section 11.09 of this code.
10-12 (f) If notice is served by mail in an administrative action
10-13 under this subchapter, three days must be added to both the time in
10-14 which the person is required to respond and the time by which the
10-15 person is entitled to notification of a hearing.
10-16 (g) A notice or other form used to implement the child
10-17 support review process must be printed in both Spanish and English.
10-18 If a party participating in a negotiation conference under Section
10-19 14.804 of this code does not speak English or is hearing impaired,
10-20 the child support agency shall provide for interpreter services at
10-21 no charge to the parties.
10-22 Sec. 14.803. NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
10-23 FINANCIAL RESOURCES. (a) A child support agency may review and
10-24 assess the financial resources of the child's parents or of a
10-25 person presumed or alleged to be the child's father from whom child
10-26 support is sought to determine the resources that are available for
10-27 the support of the child and to determine what action is
11-1 appropriate. The child support agency shall notify the parents of
11-2 a child and the presumed or alleged father of a child of a child
11-3 support review by delivering to the person a notice of child
11-4 support review.
11-5 (b) The notice of child support review must:
11-6 (1) describe the procedure for a child support review;
11-7 (2) inform the recipient that the recipient is not
11-8 required to participate in the child support review and may be
11-9 represented by legal counsel during the review process or at a
11-10 court hearing;
11-11 (3) inform the recipient that the recipient may cease
11-12 participation in the child support review during any stage of the
11-13 review but that the review will continue to completion and that
11-14 afterward the recipient may request a court hearing;
11-15 (4) include an affidavit of financial resources; and
11-16 (5) include a request that the recipient designate, on
11-17 a form provided by the child support agency, an address for mailing
11-18 any additional notice to the recipient.
11-19 (c) In addition to the information required by Subsection
11-20 (b) of this section, the notice of child support review must inform
11-21 the recipient that:
11-22 (1) the information requested on the form must be
11-23 returned to the child support agency not later than the 15th day
11-24 after the date the notice is received or delivered; and
11-25 (2) if the requested information is not returned as
11-26 required, the child support agency:
11-27 (A) may proceed with the review using the
12-1 information that is available to the agency; and
12-2 (B) may file a legal action without further
12-3 notice to the recipient, except as otherwise required by law.
12-4 Sec. 14.804. NEGOTIATION CONFERENCE. (a) A person who
12-5 receives a notice of child support review and who completes an
12-6 affidavit of financial resources may request, at the time the
12-7 affidavit of financial resources is returned, a negotiation
12-8 conference in an effort to reach an agreement. The child support
12-9 agency may schedule a negotiation conference without regard to
12-10 whether a conference is requested by any party.
12-11 (b) A negotiation conference under this section shall be
12-12 held not later than the 45th day after the date all notices of
12-13 child support review have been sent to the parties to the action.
12-14 (c) All parties entitled to notice of the negotiation
12-15 conference shall be notified of the date, time, and place of the
12-16 negotiation conference not later than the 10th day before the date
12-17 of the negotiation conference.
12-18 (d) A negotiation conference may be rescheduled on the
12-19 request of any party and all parties must be given timely notice of
12-20 the rescheduling. All parties shall be sent notice not later than
12-21 the third day before the date of the rescheduled negotiation
12-22 conference.
12-23 (e) At the beginning of the negotiation conference, the
12-24 child support review officer shall inform all parties in attendance
12-25 that:
12-26 (1) the purpose of the negotiation conference is to
12-27 attempt to reach an agreement regarding child support payments;
13-1 (2) a party does not have to participate in the
13-2 negotiation conference and may request a court hearing;
13-3 (3) a party may be represented by an attorney chosen
13-4 by the party;
13-5 (4) the parties may stop participating in the
13-6 negotiation conference at any time but that the child support
13-7 review will continue until completed, and, if a child support
13-8 review order is issued, a party may request a court hearing;
13-9 (5) if the parties reach an agreement, the review
13-10 officer will prepare an agreed review order for the parties'
13-11 signatures;
13-12 (6) a party does not have to sign a review order
13-13 prepared by the child support review officer; and
13-14 (7) even though a party signs an agreed review order,
13-15 the party may request a court hearing at any time before the child
13-16 support review order is confirmed by a court.
13-17 (f) For the purposes of this subchapter, a written
13-18 affidavit, the written findings, and the child support review order
13-19 from a negotiation conference are a sufficient record of the
13-20 proceedings. A child support agency is not required to make any
13-21 other record or transcript of the negotiation conference.
13-22 (g) If a negotiation conference results in an agreement by
13-23 all parties, a child support review order must be signed by all
13-24 parties to the action and must contain:
13-25 (1) a waiver by each party of the right to service and
13-26 of the right to a court hearing and the making of a record;
13-27 (2) the mailing address of each party; and
14-1 (3) the following statement printed on the order in
14-2 boldfaced type or in all capital letters:
14-3 "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED CHILD
14-4 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO
14-5 HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
14-6 MATTER BUT IF I SIGN THIS ORDER, I LOSE THAT RIGHT. I
14-7 KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND WITHDRAW
14-8 MY AGREEMENT TO THE TERMS OF THIS ORDER AND REQUEST
14-9 THAT A COURT DECIDE THIS MATTER BY FILING A REQUEST FOR
14-10 COURT HEARING AT ANY TIME BEFORE THE 20TH DAY AFTER THE
14-11 DATE THE PETITION FOR CONFIRMATION OF THE ORDER IS
14-12 FILED WITH THE CLERK OF THE COURT. I KNOW THAT IF I
14-13 FAIL TO FILE A REQUEST FOR A COURT HEARING A COURT MAY
14-14 CONFIRM AND APPROVE THIS ORDER AND THE ORDER WILL
14-15 BECOME A VALID COURT ORDER. I KNOW THAT IF I DO NOT
14-16 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT
14-17 OF COURT."
14-18 (h) If the negotiation conference does not result in an
14-19 agreed child support review order, the review officer shall issue
14-20 and sign a final decision in the form of a child support review
14-21 order not later than the fifth day after the date of the
14-22 negotiation conference unless the review officer provides specific
14-23 reasons why a child support review order cannot be issued.
14-24 (i) On the day that a child support review order is issued
14-25 or if a determination is made that a child support order will not
14-26 be issued, each party to a child support review proceeding shall be
14-27 furnished by hand delivery or by mail a copy of the order or the
15-1 notice of a determination that an order will not be issued.
15-2 (j) A finding by the review officer that a child support
15-3 review order is not appropriate does not affect the right of the
15-4 child support agency or any other party to proceed in any matter
15-5 provided by law.
15-6 (k) The review officer may vacate a child support review
15-7 order on the officer's own motion at any time before the order is
15-8 filed with the court. A new negotiation conference, with notice to
15-9 all parties, shall be scheduled to take place not later than the
15-10 10th day after the date the child support review order was vacated.
15-11 Sec. 14.805. CONTENTS OF CHILD SUPPORT REVIEW ORDER. A
15-12 child support review order under this subchapter must contain all
15-13 provisions that are appropriate for an order under this title. A
15-14 child support review order may contain other provisions for the
15-15 establishment, modification, or enforcement of a child support or
15-16 medical support order and for the establishment of paternity. A
15-17 child support review order providing for the enforcement of an
15-18 order may not contain a provision that imposes incarceration or a
15-19 fine or contains a finding of contempt.
15-20 Sec. 14.806. PETITION FOR CONFIRMATION OF CHILD SUPPORT
15-21 REVIEW ORDER; DUTIES OF CLERK OF COURT. (a) The child support
15-22 agency shall file a petition of confirmation with the clerk of the
15-23 court having continuing jurisdiction of the child who is the
15-24 subject of the order. If there is not a court that has continuing
15-25 jurisdiction, the child support agency shall file the petition for
15-26 confirmation with the clerk of a court having jurisdiction under
15-27 this title.
16-1 (b) A petition for confirmation must include the final child
16-2 support review order and a form for a party to request a court
16-3 hearing as attachments to the petition. Each affidavit of
16-4 financial resources for a party to the order that was completed by
16-5 the party and any other documentary evidence relied on by the child
16-6 support agency, including a verified written report of a paternity
16-7 testing expert concerning the results of paternity testing
16-8 conducted in the case or a statement of paternity, shall be filed
16-9 with the clerk as exhibits to the petition. The petition must
16-10 identify the exhibits that are filed with the clerk.
16-11 (c) On the filing of a petition under this section, the
16-12 clerk of court shall endorse on the petition the date and time that
16-13 the petition is filed and sign the endorsement. If the petition is
16-14 for an original action, the clerk shall endorse the appropriate
16-15 court and cause number on the petition. If the petition is to
16-16 confirm an agreed child support review order under this subchapter,
16-17 the clerk shall mail to each party, at the address shown on the
16-18 order, a copy of the petition and written notice of the filing of
16-19 the petition that states the court and cause number of the case.
16-20 The clerk shall note on the docket that the notice was mailed. If
16-21 the petition is to confirm an order other than an agreed order, the
16-22 clerk shall issue service of citation, including a copy of the
16-23 petition and the child support review order, to each party entitled
16-24 to service.
16-25 (d) A clerk of a district court is entitled to collect a fee
16-26 for:
16-27 (1) the filing of a petition under this section as
17-1 provided by Section 51.317(b)(1), Government Code;
17-2 (2) the issuance of notice or process as provided by
17-3 Section 51.317(b)(4), Government Code; and
17-4 (3) service of notice or citation as provided by
17-5 Section 51.319(4), Government Code, or as otherwise provided by
17-6 law.
17-7 (e) In addition to attaching a copy of a form to request a
17-8 court hearing to a party's copy of the petition for confirmation of
17-9 a child support review order, the child support agency shall make
17-10 available to the clerk of court and to a party to the child support
17-11 review proceeding on the party's request a form to request a court
17-12 hearing. The clerk shall furnish the form to a party to a
17-13 proceeding under this section on the request of the party. A court
17-14 shall consider any responsive pleading filed under this section
17-15 that is intended as an objection to confirmation of a child support
17-16 review order, including a general denial, as a request for a court
17-17 hearing.
17-18 Sec. 14.807. CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
17-19 (a) The court shall refer a proceeding that results from a child
17-20 support review to a master appointed under this subchapter. If a
17-21 master is not appointed, the judge of the court shall preside over
17-22 the proceedings.
17-23 (b) Not later than the 30th day after the date a petition
17-24 for confirmation of an agreed child support review order is filed,
17-25 the court shall confirm the terms and provisions of the order by
17-26 signing a confirmation order unless a request for a court hearing
17-27 is timely filed or the court sets a hearing as provided by
18-1 Subsection (d) of this section.
18-2 (c) Not later than the 30th day after the date of service on
18-3 the last party to be served with citation of a petition for
18-4 confirmation for a child support review order other than an agreed
18-5 child support review order, the court shall confirm the terms and
18-6 provisions of the order by signing a confirmation order unless a
18-7 request for a court hearing is timely filed or the court sets a
18-8 hearing as provided by Subsection (d) of this section.
18-9 (d) If the court finds that confirmation of a child support
18-10 review order without a hearing would not be in the best interests
18-11 of a child who is the subject of the order, the court may stay
18-12 confirmation of the order and schedule a hearing. The order
18-13 setting the hearing on the confirmation of the order must state the
18-14 court's specific reasons for conducting the hearing.
18-15 (e) A party may file a request for a court hearing not later
18-16 than the 20th day after the date the petition for confirmation of
18-17 an agreed administrative order is filed or not later than the
18-18 Monday following the 20th day after the date the party received
18-19 service of citation in a case involving the confirmation of any
18-20 other type of order.
18-21 (f) On the timely filing of a request for a court hearing,
18-22 all issues in the child support review order shall be heard in a de
18-23 novo hearing before the court. The petition for confirmation and
18-24 the child support review order constitute a sufficient pleading for
18-25 relief on any issue addressed in the petition and order.
18-26 (g) A court shall hold a hearing on the confirmation of a
18-27 child support review order not later than the 30th day after the
19-1 date the court determines that a hearing should be held or a party
19-2 files a request for a court hearing.
19-3 (h) After the hearing on the confirmation of a child support
19-4 review order, the court shall:
19-5 (1) if the court finds that the order should be
19-6 confirmed, immediately sign a confirmation order and enter the
19-7 order as an order of the court;
19-8 (2) if the court finds that the relief granted in the
19-9 child support review order is inappropriate, sign an appropriate
19-10 order at the conclusion of the hearing or as soon after the
19-11 conclusion of the hearing as is practical and enter the order as an
19-12 order of the court; or
19-13 (3) if the court finds that all relief should be
19-14 denied, enter an order that denies relief and includes specific
19-15 findings explaining the reasons that relief is denied.
19-16 (i) On the signing of a confirmation order by the judge of
19-17 the court, the child support review order becomes a final judgment
19-18 of the court.
19-19 Sec. 14.808. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
19-20 RELATING TO ESTABLISHMENT OF PATERNITY. (a) If the paternity of a
19-21 child has not been established by court order, the notice of child
19-22 support review served on the parties must include an allegation
19-23 that the alleged father is the biological father of the child. The
19-24 notice shall inform the parties that the alleged father of the
19-25 child may sign a statement of paternity and that any party may
19-26 request that scientifically accepted paternity testing be conducted
19-27 to assist in determining whether the alleged father is the child's
20-1 father.
20-2 (b) A negotiation conference shall be conducted to resolve
20-3 any issues of support in an action in which all parties agree that
20-4 the alleged father is the child's biological father.
20-5 (c) If a party denies that the alleged father is the child's
20-6 biological father or, in the case of a presumed father, if either
20-7 party files a verified denial of paternity, the child support
20-8 agency may schedule paternity testing.
20-9 (d) If paternity testing does not exclude the alleged father
20-10 from being the child's father and a party continues to deny that
20-11 the alleged father is the child's biological father, the child
20-12 support agency may schedule a negotiation conference as provided by
20-13 this subchapter. If the results of a verified written report of a
20-14 paternity testing expert meet the requirements of Section 13.04 of
20-15 this code for issuing a temporary order, the child support agency
20-16 may issue a child support review order.
20-17 (e) If the results of paternity testing exclude the alleged
20-18 or presumed father from being the biological father of the child,
20-19 the child support agency shall issue a child support review order
20-20 that declares that the alleged or presumed father is not the father
20-21 of the child. Any party may file a petition for confirmation of a
20-22 child support review order issued under this subsection.
20-23 Sec. 14.809. EXPIRATION. Sections 14.801-14.809 of this
20-24 code expire September 1, 1997.
20-25 SECTION 15. Section 11.08(c) and Sections 14.871-14.876,
20-26 Family Code, are repealed.
20-27 SECTION 16. (a) Sections 1-12 of this Act take effect
21-1 September 1, 1993, and Sections 13 and 14 of this Act take effect
21-2 January 1, 1994.
21-3 (b) Sections 1-12 of this Act apply to a pending paternity
21-4 proceeding without regard to whether the proceeding was commenced
21-5 before, on, or after the effective date of those sections.
21-6 (c) The change in law made by Section 11 of this Act
21-7 authorizing the court to order the payment of child support
21-8 retroactive to the child's birth applies to the payment of child
21-9 support in a pending paternity proceeding without regard to whether
21-10 the child was born before, on, or after the effective date of that
21-11 section.
21-12 (d) Sections 13 and 14 of this Act apply to a suit
21-13 commenced, notice of child support review filed, or administrative
21-14 proceeding initiated on or after the effective date of those
21-15 sections. A suit commenced, notice of child support review filed,
21-16 or administrative proceeding initiated before the effective date of
21-17 Sections 13 and 14 of this Act is governed by the law in effect on
21-18 that date, and the former law is continued in effect for that
21-19 purpose.
21-20 SECTION 17. The importance of this legislation and the
21-21 crowded condition of the calendars in both houses create an
21-22 emergency and an imperative public necessity that the
21-23 constitutional rule requiring bills to be read on three several
21-24 days in each house be suspended, and this rule is hereby suspended.