By: Goodman H.B. No. 724
73R3098 JMM-F
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 13.02(a), Family Code, is amended to read
1-7 as follows:
1-8 (a) When the respondent appears in a paternity suit, the
1-9 court shall order the mother, alleged father, and child to submit
1-10 to the taking of blood, body fluid, or tissue samples for the
1-11 purpose of scientifically accepted paternity testing. The court
1-12 shall require in its order testing necessary to ascertain the
1-13 possibility of the alleged father's paternity and shall require
1-14 that the tests exclude at least 99 <95> percent of the male
1-15 population from the possibility of being the father of the child,
1-16 except that the court shall permit the omission of any further
1-17 testing if testing has been conducted sufficient to establish that
1-18 the alleged father is not the father of the child, or if the costs
1-19 of testing have reached an amount that the court determines to be
1-20 the greatest amount that may reasonably be borne by one or more
1-21 parties to the suit. If the appearance is before the birth of the
1-22 child, the court shall order the taking of blood, body fluid, or
1-23 tissue samples to be made as soon as medically practical after the
1-24 birth.
2-1 SECTION 2. Section 13.04(f), Family Code, is amended to read
2-2 as follows:
2-3 (f) At the pretrial conference the court may issue a
2-4 temporary order under Section 11.11 of this code, including an
2-5 order for the temporary support of the child, if the court finds
2-6 that:
2-7 (1) the respondent is not excluded as the biological
2-8 father of the child; and
2-9 (2) at least 99 <95> percent of the male population
2-10 is excluded from being the biological father of the child.
2-11 SECTION 3. Section 13.06(c), Family Code, is amended to read
2-12 as follows:
2-13 (c) If the paternity tests show the possibility of the
2-14 alleged father's paternity, the court may admit this evidence if
2-15 offered at the trial. If the paternity tests show the possibility
2-16 of the alleged father's paternity and that at least 99 <95> percent
2-17 of the male population is excluded from the possibility of being
2-18 the father, then evidence of these facts constitutes a prima facie
2-19 showing of the alleged father's paternity, and the party opposing
2-20 the establishment of the alleged father's paternity has the burden
2-21 of proving that the alleged father is not the father of the child.
2-22 SECTION 4. Section 13.42(a), Family Code, is amended to read
2-23 as follows:
2-24 (a) In a suit in which a determination of paternity is
2-25 sought, the court may provide for the managing and possessory
2-26 conservatorship and support of and access to the child; except that
2-27 no alleged father denying paternity may be required to make any
3-1 payment for the support of the child until paternity is established
3-2 or the alleged father is not excluded as the biological father of
3-3 the child and at least 99 percent of the male population is
3-4 excluded from being the biological father of the child. On a
3-5 finding of paternity, the court may order support retroactive to
3-6 the time of the birth <filing> of the child <suit> and, on a proper
3-7 showing, may order a party to pay an equitable portion of all
3-8 prenatal and postnatal related health care expenses of the mother
3-9 and child.
3-10 SECTION 5. This Act takes effect September 1, 1993, and
3-11 applies only to a suit in which a determination of paternity is
3-12 sought filed on or after that date. A suit in which a
3-13 determination of paternity is sought filed before the effective
3-14 date of this Act is governed by the law in effect at the time the
3-15 suit was filed, and that law is continued in effect for that
3-16 purpose.
3-17 SECTION 6. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.