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