1-1 By: Goodman (Senate Sponsor - Rosson) H.B. No. 724
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 4, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 May 4, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 724 By: Harris of Tarrant
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the establishment of the parent-child relationship,
1-20 determination of paternity, the payment of child support in a suit
1-21 in which establishment of the parent-child relationship or a
1-22 determination of paternity is sought, and to the administration of
1-23 a statewide plan for child support by the attorney general's
1-24 office.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 2.01, Family Code, is amended to read as
1-27 follows:
1-28 Sec. 2.01. State Policy. In order to promote the public
1-29 health and welfare and to provide the necessary records, this code
1-30 prescribes detailed and specific rules to be followed in
1-31 establishing the marriage relationship. However, in order to
1-32 provide stability for those entering into the marriage relationship
1-33 in good faith and to provide for an orderly determination of
1-34 parentage <legitimacy> and security for the children of the
1-35 relationship, it is the policy of this state to preserve and uphold
1-36 each marriage against claims of invalidity unless strong reasons
1-37 exist for holding it void or voidable. Therefore, every marriage
1-38 entered into in this state is considered valid unless it is
1-39 expressly made void by this chapter or unless it is expressly made
1-40 voidable by this chapter and is annulled as provided by this
1-41 chapter. When two or more marriages of a person to different
1-42 spouses are alleged, the most recent marriage is presumed to be
1-43 valid as against each marriage that precedes it until one who
1-44 asserts the validity of a prior marriage proves its validity.
1-45 SECTION 2. Section 11.14(j), Family Code, is amended to read
1-46 as follows:
1-47 (j) In any suit seeking the establishment of the
1-48 parent-child relationship, after a hearing the court shall grant a
1-49 motion for a preferential setting for a final hearing on the merits
1-50 filed by a party to the suit or by the attorney or guardian ad
1-51 litem for the child and shall give precedence to that hearing over
1-52 other civil cases if discovery has been completed or sufficient
1-53 time has elapsed since the filing of the suit for the completion of
1-54 all necessary and reasonable discovery if diligently pursued. The
1-55 provisions of this section regarding preferential setting apply to
1-56 final hearing on the merits without regard to whether the suit is
1-57 set for a trial before the court or before a jury.
1-58 SECTION 3. Sections 12.06(a) and (c), Family Code, are
1-59 amended to read as follows:
1-60 (a) In any suit affecting the parent-child relationship, a
1-61 man who is a presumed father under Section 12.02(a) of this code,
1-62 the biological mother, or a governmental entity <other than a suit
1-63 under Chapter 13 of this code, a husband or wife> is entitled to
1-64 deny any presumed father's <the husband's> paternity of the child
1-65 <who is the subject of the suit and who was born or conceived
1-66 during the marriage of the parties>. The question of paternity
1-67 under this section must be raised by an express statement denying
1-68 paternity of the child in a party's <the spouse's> pleadings in the
2-1 suit, without regard to whether the presumed father or biological
2-2 mother <spouse> is a petitioner or respondent.
2-3 (c) In any suit in which a question of paternity is raised
2-4 under this section, the party <husband or wife who is> denying the
2-5 presumed father's <husband's> paternity of the child has the
2-6 burden of rebutting the presumption of paternity as provided in
2-7 this code. An order for temporary child support, conservatorship,
2-8 or other relief entered under Section 11.11 of this code is valid
2-9 and enforceable unless superseded by a final decree finding
2-10 nonpaternity of the presumed father <husband>.
2-11 SECTION 4. Section 13.01, Family Code, is amended by
2-12 amending the section heading and Subsection (a) to read as follows:
2-13 Sec. 13.01. <PARTIES: TIME> LIMITATION OF ACTION <SUIT>.
2-14 (a) <A suit to establish the parent child relationship between a
2-15 child who has no presumed father and the child's biological father
2-16 may be brought by the mother, by a man claiming to be or possibly
2-17 to be the father, or by any other person or governmental entity
2-18 having standing to sue under Section 11.03 of this code.> A suit
2-19 to establish paternity may be brought before the birth of the
2-20 child, but must be brought on or before the second anniversary of
2-21 the day the child becomes an adult, or the suit is barred.
2-22 SECTION 5. Section 13.02(a), Family Code, is amended to read
2-23 as follows:
2-24 (a) When the respondent appears in a paternity suit, the
2-25 court shall order the mother, alleged father, and child to submit
2-26 to the taking of blood, body fluid, or tissue samples for the
2-27 purpose of scientifically accepted paternity testing. The court
2-28 shall require in its order testing necessary to ascertain the
2-29 possibility of the alleged father's paternity and shall require
2-30 that the tests exclude at least 99 <95> percent of the male
2-31 population from the possibility of being the father of the child,
2-32 except that the court shall permit the omission of any further
2-33 testing if the testing has been conducted sufficient to establish
2-34 that the alleged father is not the father of the child, or if the
2-35 costs of testing have reached an amount that the court determines
2-36 to be the greatest amount that may reasonably be borne by one or
2-37 more parties to the suit. If the appearance is before the birth of
2-38 the child, the court shall order the taking of blood, body fluid,
2-39 or tissue samples to be made as soon as medically practical after
2-40 the birth.
2-41 SECTION 6. Section 13.04, Family Code, is amended by
2-42 amending Subsection (f) and adding Subsection (g) to read as
2-43 follows:
2-44 (f) At the pretrial conference the court may issue a
2-45 temporary order under Section 11.11 of this code, including an
2-46 order for the temporary support of the child, if the court finds
2-47 that:
2-48 (1) the respondent is not excluded as the biological
2-49 father of the child; and
2-50 (2) at least 99 <95> percent of the male population
2-51 is excluded from being the biological father of the child.
2-52 (g) Paternity test results offered at a pretrial conference
2-53 are admissible as evidence if the tests were conducted under a
2-54 court order or by agreement of the parties without regard to
2-55 whether the tests were performed before or after the filing of a
2-56 suit under this title.
2-57 SECTION 7. Section 13.05, Family Code, is amended by
2-58 amending the section heading and adding Subsection (c) to read as
2-59 follows:
2-60 Sec. 13.05. PRETRIAL PROCEEDINGS: EFFECT OF PATERNITY
2-61 <BLOOD> TESTS.
2-62 (c) If the court finds that at least 99 percent of the male
2-63 population is excluded from the possibility of being the child's
2-64 father, the court shall, in making a finding under this section,
2-65 shift the burden of proof to the party opposing the establishment
2-66 of the alleged father's paternity.
2-67 SECTION 8. Section 13.06, Family Code, is amended by
2-68 amending Subsection (c) and adding Subsection (g) to read as
2-69 follows:
2-70 (c) If the paternity tests show the possibility of the
3-1 alleged father's paternity, the court shall <may> admit this
3-2 evidence if offered at the trial. Paternity test results offered
3-3 at the trial shall be admissible as evidence if the tests were
3-4 conducted under court order or by agreement of the parties, without
3-5 regard to whether such tests were performed before or after the
3-6 filing of a suit under this title. If the paternity tests show the
3-7 possibility of the alleged father's paternity and that at least 99
3-8 <95> percent of the male population is excluded from the
3-9 possibility of being the father, then evidence of these facts
3-10 constitutes a prima facie showing of the alleged father's
3-11 paternity, and the party opposing the establishment of the alleged
3-12 father's paternity has the burden of proving that the alleged
3-13 father is not the father of the child.
3-14 (g) The party seeking to establish the alleged father's
3-15 paternity retains the right to open and close at trial without
3-16 regard to whether the court has shifted the burden of proof to the
3-17 opposing party.
3-18 SECTION 9. Section 13.09, Family Code, is amended to read as
3-19 follows:
3-20 Sec. 13.09. Effect of Decree Establishing Paternity. The
3-21 effect of a decree designating the alleged father as the father of
3-22 the child is to create the parent-child relationship between the
3-23 father and the child for all purposes <as if the child were born to
3-24 the father and mother during marriage>.
3-25 SECTION 10. Section 13.22(b), Family Code, is amended to
3-26 read as follows:
3-27 (b) The statement of paternity must clearly state that the
3-28 man signing the statement<:>
3-29 <(1) the father> acknowledges the child as his
3-30 biological child<;>
3-31 <(2) he and the mother, who is named in the statement,
3-32 were not married to each other at the time of conception of the
3-33 child or at any subsequent time; and>
3-34 <(3) the child is not the biological child of another
3-35 man>.
3-36 SECTION 11. Section 13.42(a), Family Code, is amended to
3-37 read as follows:
3-38 (a) In a suit in which a determination of paternity is
3-39 sought, the court may provide for the managing and possessory
3-40 conservatorship and support of and access to the child; except that
3-41 no alleged father denying paternity may be required to make any
3-42 payment for the support of the child until paternity is established
3-43 or, in the case of temporary orders as authorized by Section 13.04
3-44 of this code, the court finds that the alleged father is not
3-45 excluded as the biological father of the child and at least 99
3-46 percent of the male population is excluded from being the
3-47 biological father of the child. On a finding of paternity, the
3-48 court may order support retroactive to the time of the birth
3-49 <filing> of the child <suit> and, on a proper showing, may order a
3-50 party to pay an equitable portion of all prenatal and postnatal
3-51 related health care expenses of the mother and child. In making an
3-52 order for retroactive child support under this subsection, the
3-53 court shall use the child support guidelines provided by Section
3-54 14.053 of this code together with any relevant factors.
3-55 SECTION 12. Section 14.053, Family Code, is amended by
3-56 adding Subsection (l) to read as follows:
3-57 (l) Retroactive Support. The guidelines for the support of
3-58 a child in this chapter are intended to guide the court in
3-59 determining the amount of retroactive child support, if any, to be
3-60 ordered under this chapter or Chapter 13 of this code. In ordering
3-61 retroactive child support, the court shall consider the net
3-62 resources of the obligor during the relevant time period. In
3-63 making an order of retroactive support under this subsection, the
3-64 court shall consider the following evidentiary factors:
3-65 (1) whether the mother of the child had made any
3-66 previous attempts to notify the biological father of his paternity
3-67 or probable paternity;
3-68 (2) whether the biological father had knowledge of his
3-69 paternity or probable paternity;
3-70 (3) whether the order of retroactive child support
4-1 will impose an undue financial hardship on the obligor or his
4-2 family; and
4-3 (4) whether the obligor has provided actual support or
4-4 other necessaries before the filing of the action.
4-5 SECTION 13. Section 14.80, Family Code, is amended by
4-6 amending Subdivision (4) and adding Subdivision (7) to read as
4-7 follows:
4-8 (4) "Child support services" means administrative or
4-9 court actions to:
4-10 (A) establish paternity;
4-11 (B) establish, modify, or enforce child support
4-12 or medical support obligations;
4-13 (C) <(B)> locate absent parents; or
4-14 (D) <(C)> cooperate with other states in these
4-15 actions and any other action authorized or as required under Part D
4-16 of Title IV of the federal Social Security Act (42 U.S.C. Section
4-17 651 et seq.) or Chapter 76, Human Resources Code.
4-18 (7) "Child support review officer" means an individual
4-19 designated by a child support agency to conduct reviews under this
4-20 subchapter who has received certified family law mediation
4-21 training.
4-22 SECTION 14. Subchapter D, Chapter 14, Family Code, is
4-23 amended by adding Sections 14.801-14.809 to read as follows:
4-24 Sec. 14.801. ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
4-25 NOT APPLICABLE. The child support review process under this
4-26 subchapter is not governed by the Administrative Procedure and
4-27 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
4-28 Statutes).
4-29 Sec. 14.802. CHILD SUPPORT REVIEW PROCESS: GENERAL
4-30 PROVISIONS. (a) The purpose of the child support review process
4-31 authorized under this subchapter is to provide child support
4-32 agencies an opportunity to resolve child support actions through
4-33 negotiations and by the agreement of the parties. To the extent
4-34 permitted by this subchapter, child support agencies shall make the
4-35 child support review process understandable to all parties and
4-36 shall encourage agreements through mediation.
4-37 (b) An administrative action under this subchapter may be
4-38 initiated by the issuance of a notice of child support review under
4-39 Section 14.803 of this code by a child support agency.
4-40 (c) In a child support review under this subchapter, a child
4-41 support agency may issue an administrative subpoena to a parent, a
4-42 person presumed or alleged to be the father of a child for whom
4-43 support is sought, or any individual or organization believed to
4-44 have information on the financial resources of the parent or
4-45 presumed or alleged father.
4-46 (d) To determine the appropriate amount of child support, in
4-47 applying the child support guidelines in this code, a child support
4-48 agency shall use any information obtained by the child support
4-49 agency through a notice of child support review or any other
4-50 source. If the child support agency determines that the support
4-51 amount in an existing child support order is not in substantial
4-52 compliance with the guidelines, the child support agency shall
4-53 issue an appropriate child support review order, including a review
4-54 order that, notwithstanding Section 14.08 of this code, has the
4-55 effect of modifying an existing order for child support without the
4-56 necessity of filing a motion to modify.
4-57 (e) A notice required in an administrative action under this
4-58 subchapter must be delivered or served by first class mail or
4-59 certified mail on each party entitled to citation or notice under
4-60 Section 11.09 of this code.
4-61 (f) If notice is served by mail in an administrative action
4-62 under this subchapter, three days must be added to both the time in
4-63 which the person is required to respond and the time by which the
4-64 person is entitled to notification of a hearing.
4-65 (g) A notice or other form used to implement the child
4-66 support review process must be printed in both Spanish and English.
4-67 If a party participating in a negotiation conference under Section
4-68 14.804 of this code does not speak English or is hearing impaired,
4-69 the child support agency shall provide for interpreter services at
4-70 no charge to the parties.
5-1 Sec. 14.803. NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
5-2 FINANCIAL RESOURCES. (a) A child support agency may review and
5-3 assess the financial resources of the child's parents or of a
5-4 person presumed or alleged to be the child's father from whom child
5-5 support is sought to determine the resources that are available for
5-6 the support of the child and to determine what action is
5-7 appropriate. The child support agency shall notify the parents of
5-8 a child and the presumed or alleged father of a child of a child
5-9 support review by delivering to the person a notice of child
5-10 support review.
5-11 (b) The notice of child support review must:
5-12 (1) describe the procedure for a child support review;
5-13 (2) inform the recipient that the recipient is not
5-14 required to participate in the child support review and may be
5-15 represented by legal counsel during the review process or at a
5-16 court hearing;
5-17 (3) inform the recipient that the recipient may cease
5-18 participation in the child support review during any stage of the
5-19 review but that the review will continue to completion and that
5-20 afterward the recipient may request a court hearing;
5-21 (4) include an affidavit of financial resources; and
5-22 (5) include a request that the recipient designate, on
5-23 a form provided by the child support agency, an address for mailing
5-24 any additional notice to the recipient.
5-25 (c) In addition to the information required by Subsection
5-26 (b) of this section, the notice of child support review must inform
5-27 the recipient that:
5-28 (1) the information requested on the form must be
5-29 returned to the child support agency not later than the 15th day
5-30 after the date the notice is received or delivered; and
5-31 (2) if the requested information is not returned as
5-32 required, the child support agency:
5-33 (A) may proceed with the review using the
5-34 information that is available to the agency; and
5-35 (B) may file a legal action without further
5-36 notice to the recipient, except as otherwise required by law.
5-37 Sec. 14.804. NEGOTIATION CONFERENCE. (a) A person who
5-38 receives a notice of child support review and who completes an
5-39 affidavit of financial resources may request, at the time the
5-40 affidavit of financial resources is returned, a negotiation
5-41 conference in an effort to reach an agreement. The child support
5-42 agency may schedule a negotiation conference without regard to
5-43 whether a conference is requested by any party.
5-44 (b) A negotiation conference under this section shall be
5-45 held not later than the 45th day after the date all notices of
5-46 child support review have been sent to the parties to the action.
5-47 (c) All parties entitled to notice of the negotiation
5-48 conference shall be notified of the date, time, and place of the
5-49 negotiation conference not later than the 10th day before the date
5-50 of the negotiation conference.
5-51 (d) A negotiation conference may be rescheduled on the
5-52 request of any party and all parties must be given timely notice of
5-53 the rescheduling. All parties shall be sent notice not later than
5-54 the third day before the date of the rescheduled negotiation
5-55 conference.
5-56 (e) At the beginning of the negotiation conference, the
5-57 child support review officer shall inform all parties in attendance
5-58 that:
5-59 (1) the purpose of the negotiation conference is to
5-60 attempt to reach an agreement regarding child support payments;
5-61 (2) a party does not have to participate in the
5-62 negotiation conference and may request a court hearing;
5-63 (3) a party may be represented by an attorney chosen
5-64 by the party;
5-65 (4) the parties may stop participating in the
5-66 negotiation conference at any time but that the child support
5-67 review will continue until completed, and, if a child support
5-68 review order is issued, a party may request a court hearing;
5-69 (5) if the parties reach an agreement, the review
5-70 officer will prepare an agreed review order for the parties'
6-1 signatures;
6-2 (6) a party does not have to sign a review order
6-3 prepared by the child support review officer; and
6-4 (7) even though a party signs an agreed review order,
6-5 the party may request a court hearing at any time before the child
6-6 support review order is confirmed by a court.
6-7 (f) For the purposes of this subchapter, a written
6-8 affidavit, the written findings, and the child support review order
6-9 from a negotiation conference are a sufficient record of the
6-10 proceedings. A child support agency is not required to make any
6-11 other record or transcript of the negotiation conference.
6-12 (g) If a negotiation conference results in an agreement by
6-13 all parties, a child support review order must be signed by all
6-14 parties to the action and must contain:
6-15 (1) a waiver by each party of the right to service and
6-16 of the right to a court hearing and the making of a record;
6-17 (2) the mailing address of each party; and
6-18 (3) the following statement printed on the order in
6-19 boldfaced type or in all capital letters:
6-20 "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED CHILD
6-21 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO
6-22 HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
6-23 MATTER BUT IF I SIGN THIS ORDER, I LOSE THAT RIGHT. I
6-24 KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND WITHDRAW
6-25 MY AGREEMENT TO THE TERMS OF THIS ORDER AND REQUEST
6-26 THAT A COURT DECIDE THIS MATTER BY FILING A REQUEST FOR
6-27 COURT HEARING AT ANY TIME BEFORE THE 20TH DAY AFTER THE
6-28 DATE THE PETITION FOR CONFIRMATION OF THE ORDER IS
6-29 FILED WITH THE CLERK OF THE COURT. I KNOW THAT IF I
6-30 FAIL TO FILE A REQUEST FOR A COURT HEARING A COURT MAY
6-31 CONFIRM AND APPROVE THIS ORDER AND THE ORDER WILL
6-32 BECOME A VALID COURT ORDER. I KNOW THAT IF I DO NOT
6-33 OBEY THE TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT
6-34 OF COURT."
6-35 (h) If the negotiation conference does not result in an
6-36 agreed child support review order, the review officer shall issue
6-37 and sign a final decision in the form of a child support review
6-38 order not later than the fifth day after the date of the
6-39 negotiation conference unless the review officer provides specific
6-40 reasons why a child support review order cannot be issued.
6-41 (i) On the day that a child support review order is issued
6-42 or if a determination is made that a child support order will not
6-43 be issued, each party to a child support review proceeding shall be
6-44 furnished by hand delivery or by mail a copy of the order or the
6-45 notice of a determination that an order will not be issued.
6-46 (j) A finding by the review officer that a child support
6-47 review order is not appropriate does not affect the right of the
6-48 child support agency or any other party to proceed in any matter
6-49 provided by law.
6-50 (k) The review officer may vacate a child support review
6-51 order on the officer's own motion at any time before the order is
6-52 filed with the court. A new negotiation conference, with notice to
6-53 all parties, shall be scheduled to take place not later than the
6-54 10th day after the date the child support review order was vacated.
6-55 Sec. 14.805. CONTENTS OF CHILD SUPPORT REVIEW ORDER. A
6-56 child support review order under this subchapter must contain all
6-57 provisions that are appropriate for an order under this title. A
6-58 child support review order may contain other provisions for the
6-59 establishment, modification, or enforcement of a child support or
6-60 medical support order and for the establishment of paternity. A
6-61 child support review order providing for the enforcement of an
6-62 order may not contain a provision that imposes incarceration or a
6-63 fine or contains a finding of contempt.
6-64 Sec. 14.806. PETITION FOR CONFIRMATION OF CHILD SUPPORT
6-65 REVIEW ORDER; DUTIES OF CLERK OF COURT. (a) The child support
6-66 agency shall file a petition of confirmation with the clerk of the
6-67 court having continuing jurisdiction of the child who is the
6-68 subject of the order. If there is not a court that has continuing
6-69 jurisdiction, the child support agency shall file the petition for
6-70 confirmation with the clerk of a court having jurisdiction under
7-1 this title.
7-2 (b) A petition for confirmation must include the final child
7-3 support review order and a form for a party to request a court
7-4 hearing as attachments to the petition. Each affidavit of
7-5 financial resources for a party to the order that was completed by
7-6 the party and any other documentary evidence relied on by the child
7-7 support agency, including a verified written report of a paternity
7-8 testing expert concerning the results of paternity testing
7-9 conducted in the case or a statement of paternity, shall be filed
7-10 with the clerk as exhibits to the petition. The petition must
7-11 identify the exhibits that are filed with the clerk.
7-12 (c) On the filing of a petition under this section, the
7-13 clerk of court shall endorse on the petition the date and time that
7-14 the petition is filed and sign the endorsement. If the petition is
7-15 for an original action, the clerk shall endorse the appropriate
7-16 court and cause number on the petition. If the petition is to
7-17 confirm an agreed child support review order under this subchapter,
7-18 the clerk shall mail to each party, at the address shown on the
7-19 order, a copy of the petition and written notice of the filing of
7-20 the petition that states the court and cause number of the case.
7-21 The clerk shall note on the docket that the notice was mailed. If
7-22 the petition is to confirm an order other than an agreed order, the
7-23 clerk shall issue service of citation, including a copy of the
7-24 petition and the child support review order, to each party entitled
7-25 to service.
7-26 (d) A clerk of a district court is entitled to collect a fee
7-27 for:
7-28 (1) the filing of a petition under this section as
7-29 provided by Section 51.317(b)(1), Government Code;
7-30 (2) the issuance of notice or process as provided by
7-31 Section 51.317(b)(4), Government Code; and
7-32 (3) service of notice or citation as provided by
7-33 Section 51.319(4), Government Code, or as otherwise provided by
7-34 law.
7-35 (e) In addition to attaching a copy of a form to request a
7-36 court hearing to a party's copy of the petition for confirmation of
7-37 a child support review order, the child support agency shall make
7-38 available to the clerk of court and to a party to the child support
7-39 review proceeding on the party's request a form to request a court
7-40 hearing. The clerk shall furnish the form to a party to a
7-41 proceeding under this section on the request of the party. A court
7-42 shall consider any responsive pleading filed under this section
7-43 that is intended as an objection to confirmation of a child support
7-44 review order, including a general denial, as a request for a court
7-45 hearing.
7-46 Sec. 14.807. CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
7-47 (a) The court shall refer a proceeding that results from a child
7-48 support review to a master appointed under this subchapter. If a
7-49 master is not appointed, the judge of the court shall preside over
7-50 the proceedings.
7-51 (b) Not later than the 30th day after the date a petition
7-52 for confirmation of an agreed child support review order is filed,
7-53 the court shall confirm the terms and provisions of the order by
7-54 signing a confirmation order unless a request for a court hearing
7-55 is timely filed or the court sets a hearing as provided by
7-56 Subsection (d) of this section.
7-57 (c) Not later than the 30th day after the date of service on
7-58 the last party to be served with citation of a petition for
7-59 confirmation for a child support review order other than an agreed
7-60 child support review order, the court shall confirm the terms and
7-61 provisions of the order by signing a confirmation order unless a
7-62 request for a court hearing is timely filed or the court sets a
7-63 hearing as provided by Subsection (d) of this section.
7-64 (d) If the court finds that confirmation of a child support
7-65 review order without a hearing would not be in the best interests
7-66 of a child who is the subject of the order, the court may stay
7-67 confirmation of the order and schedule a hearing. The order
7-68 setting the hearing on the confirmation of the order must state the
7-69 court's specific reasons for conducting the hearing.
7-70 (e) A party may file a request for a court hearing not later
8-1 than the 20th day after the date the petition for confirmation of
8-2 an agreed administrative order is filed or not later than the
8-3 Monday following the 20th day after the date the party received
8-4 service of citation in a case involving the confirmation of any
8-5 other type of order.
8-6 (f) On the timely filing of a request for a court hearing,
8-7 all issues in the child support review order shall be heard in a de
8-8 novo hearing before the court. The petition for confirmation and
8-9 the child support review order constitute a sufficient pleading for
8-10 relief on any issue addressed in the petition and order.
8-11 (g) A court shall hold a hearing on the confirmation of a
8-12 child support review order not later than the 30th day after the
8-13 date the court determines that a hearing should be held or a party
8-14 files a request for a court hearing.
8-15 (h) After the hearing on the confirmation of a child support
8-16 review order, the court shall:
8-17 (1) if the court finds that the order should be
8-18 confirmed, immediately sign a confirmation order and enter the
8-19 order as an order of the court;
8-20 (2) if the court finds that the relief granted in the
8-21 child support review order is inappropriate, sign an appropriate
8-22 order at the conclusion of the hearing or as soon after the
8-23 conclusion of the hearing as is practical and enter the order as an
8-24 order of the court; or
8-25 (3) if the court finds that all relief should be
8-26 denied, enter an order that denies relief and includes specific
8-27 findings explaining the reasons that relief is denied.
8-28 (i) On the signing of a confirmation order by the judge of
8-29 the court, the child support review order becomes a final judgment
8-30 of the court.
8-31 Sec. 14.808. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
8-32 RELATING TO ESTABLISHMENT OF PATERNITY. (a) If the paternity of a
8-33 child has not been established by court order, the notice of child
8-34 support review served on the parties must include an allegation
8-35 that the alleged father is the biological father of the child. The
8-36 notice shall inform the parties that the alleged father of the
8-37 child may sign a statement of paternity and that any party may
8-38 request that scientifically accepted paternity testing be conducted
8-39 to assist in determining whether the alleged father is the child's
8-40 father.
8-41 (b) A negotiation conference shall be conducted to resolve
8-42 any issues of support in an action in which all parties agree that
8-43 the alleged father is the child's biological father.
8-44 (c) If a party denies that the alleged father is the child's
8-45 biological father or, in the case of a presumed father, if either
8-46 party files a verified denial of paternity, the child support
8-47 agency may schedule paternity testing.
8-48 (d) If paternity testing does not exclude the alleged father
8-49 from being the child's father and a party continues to deny that
8-50 the alleged father is the child's biological father, the child
8-51 support agency may schedule a negotiation conference as provided by
8-52 this subchapter. If the results of a verified written report of a
8-53 paternity testing expert meet the requirements of Section 13.04 of
8-54 this code for issuing a temporary order, the child support agency
8-55 may issue a child support review order.
8-56 (e) If the results of paternity testing exclude the alleged
8-57 or presumed father from being the biological father of the child,
8-58 the child support agency shall issue a child support review order
8-59 that declares that the alleged or presumed father is not the father
8-60 of the child. Any party may file a petition for confirmation of a
8-61 child support review order issued under this subsection.
8-62 Sec. 14.809. EXPIRATION. Sections 14.801-14.809 of this
8-63 code expire September 1, 1997.
8-64 SECTION 15. Section 11.08(c) and Sections 14.871-14.876,
8-65 Family Code, are repealed.
8-66 SECTION 16. (a) Sections 1-12 of this Act take effect
8-67 September 1, 1993, and Sections 13 and 14 of this Act take effect
8-68 January 1, 1994.
8-69 (b) Sections 1-12 of this Act apply to a pending paternity
8-70 proceeding without regard to whether the proceeding was commenced
9-1 before, on, or after the effective date of this Act.
9-2 (c) The change in law made by Section 11 of this Act
9-3 authorizing the court to order the payment of child support
9-4 retroactive to the child's birth applies to the payment of child
9-5 support in a pending paternity proceeding without regard to whether
9-6 the child was born before, on, or after the effective date of this
9-7 Act.
9-8 (d) Sections 13 and 14 of this Act apply to a suit
9-9 commenced, notice of child support review filed, or administrative
9-10 proceeding initiated on or after the effective date of this Act. A
9-11 suit commenced, notice of child support review filed, or
9-12 administrative proceeding initiated before the effective date is
9-13 governed by the law in effect on that date, and the former law is
9-14 continued in effect for that purpose.
9-15 SECTION 17. The importance of this legislation and the
9-16 crowded condition of the calendars in both houses create an
9-17 emergency and an imperative public necessity that the
9-18 constitutional rule requiring bills to be read on three several
9-19 days in each house be suspended, and this rule is hereby suspended.
9-20 * * * * *
9-21 Austin,
9-22 Texas
9-23 May 4, 1993
9-24 Hon. Bob Bullock
9-25 President of the Senate
9-26 Sir:
9-27 We, your Committee on Jurisprudence to which was referred H.B. No.
9-28 724, have had the same under consideration, and I am instructed to
9-29 report it back to the Senate with the recommendation that it do not
9-30 pass, but that the Committee Substitute adopted in lieu thereof do
9-31 pass and be printed.
9-32 Henderson,
9-33 Chairman
9-34 * * * * *
9-35 WITNESSES
9-36 No witnesses appeared on H. B. No. 724.