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2-15 enforceable unless superseded by a final decree finding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.