By: Rosson S.B. No. 514
A BILL TO BE ENTITLED
AN ACT
1-1 relating to denial of paternity, the determination of paternity and
1-2 the payment of child support during a suit in which a determination
1-3 of paternity is sought.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.14 (j), Family Code, is amended to
1-6 read as follows:
1-7 (j) In any suit seeking the establishment of the
1-8 parent-child relationship, after a hearing the court shall grant a
1-9 motion for a preferential setting for a final hearing on the merits
1-10 filed by a party to the suit or by the attorney or guardian ad
1-11 litem for the child and shall give precedence to that hearing over
1-12 other civil cases if discovery has been completed or sufficient
1-13 time has elapsed since the filing of the suit for the completion of
1-14 all necessary and reasonable discovery if diligently pursued. The
1-15 provisions of this section regarding preferential setting apply to
1-16 final hearing on the merits without regard to whether the suit is
1-17 set for a trial before the court or before a jury.
1-18 SECTION 2. Section 12.06, Family Code, is amended by
1-19 amending subsections (a) and (c) to read as follows:
1-20 (a) In any suit affecting the parent-child relationship,
1-21 <other than a suit under Chapter 13 of this code, a husband or
1-22 wife> a man who is a presumed father under Section 12.02(a) of this
1-23 code or the biological mother, is entitled to deny the <husband's>
2-1 presumed father's paternity of the child <who is the subject of the
2-2 suit and who was born or conceived during the marriage of the
2-3 parties>. The question of paternity under this section must be
2-4 raised by an express statement denying paternity of the child in
2-5 the party's <spouse's> pleadings in the suit, without regard to
2-6 whether the <spouse> presumed father or biological mother is a
2-7 petitioner or respondent.
2-8 (c) In any suit in which a question of paternity is raised
2-9 under this section, the party <husband or wife who is> denying the
2-10 <husband's> presumed father's paternity of the child has the burden
2-11 of rebutting the presumption of paternity as provided in this code.
2-12 An order for temporary child support, conservatorship, or other
2-13 relief entered under Section 11.11 of this code is valid and
2-14 enforceable unless superseded by a final decree finding
2-15 nonpaternity of the <husband> presumed father.
2-16 SECTION 3. Section 13.01, Family Code, is amended by
2-17 amending the section heading and subsection (a) to read as follows:
2-18 Sec. 13.01. <Parties: Time> LIMITATION OF ACTION <Suit>.
2-19 (a) <A suit to establish the parent child relationship between a
2-20 child who has no presumed father and the child's biological father
2-21 may be brought by the mother, by a man claiming to be or possibly
2-22 to be the father, or by any other person or governmental entity
2-23 having standing to sue under Section 11.03 of this code.> A suit
2-24 to establish paternity may be brought before the birth of the
2-25 child, but must be brought on or before the second anniversary of
3-1 the day the child becomes an adult, or the suit is 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 testing has been conducted sufficient to establish that
3-14 the alleged father is not the father of the child, or if the costs
3-15 of testing have reached an amount that the court determines to be
3-16 the greatest amount that may reasonably be borne by one or more
3-17 parties to the suit. If the appearance is before the birth of the
3-18 child, the court shall order the taking of blood, body fluid, or
3-19 tissue samples to be made as soon as medically practical after the
3-20 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
4-1 order for the temporary support of the child, if the court finds
4-2 that:
4-3 (1) the respondent is not excluded as the biological
4-4 father of the child; and
4-5 (2) at least 99 <95> percent of the male population is
4-6 excluded from being the biological father of child.
4-7 (g) Paternity test results offered at a pretrial conference
4-8 are admissible as evidence if the tests were conducted under a
4-9 court order or by agreement of the parties without regard to
4-10 whether the tests were performed before or after the filing of a
4-11 suit under this title.
4-12 SECTION 6. Section 13.05, Family Code, is amended by
4-13 amending the section heading and adding Subsection (c) to read as
4-14 follows: Sec. 13.05. Pretrial Proceedings: Effect of Paternity
4-15 <Blood> Tests
4-16 (c) If the court finds that at least 99 percent of the male
4-17 population is excluded from the possibility of being the child's
4-18 father, the court shall, in making a finding under this section,
4-19 shift the burden of proof to the party opposing the establishment
4-20 of the alleged father's paternity.
4-21 SECTION 7. Section 13.06, Family Code, is amended by
4-22 amending Subsections (c) and adding Subsection (g) to read as
4-23 follows:
4-24 (c) If the paternity tests show the possibility of the
4-25 alleged father's paternity, the court shall <may> admit this
5-1 evidence if offered at the trial. Paternity test results offered
5-2 at the trial shall be admissible as evidence if the tests were
5-3 conducted under court order or by agreement of the parties, without
5-4 regard to whether such tests were performed before or after the
5-5 filing of a suit under this title. If the paternity tests show the
5-6 possibility of the alleged father's paternity and that at least 99
5-7 <95> percent of the male population is excluded from the
5-8 possibility of being the father, then the evidence of these facts
5-9 constitutes a prima facie showing of the alleged father's
5-10 paternity, and the party opposing the establishment of the alleged
5-11 father's paternity has the burden of proving that the alleged
5-12 father is not the father of the child.
5-13 (g) The party seeking to establish the alleged father's
5-14 paternity retains the right to open and close at trial without
5-15 regard to whether the court has shifted the burden of proof to the
5-16 opposing party.
5-17 SECTION 8. Section 13.22(b), Family Code, is amended to read
5-18 as follows:
5-19 (b) The statement of paternity must clearly state that the
5-20 man signing the statement <:>
5-21 <(1) the father> acknowledges the child as his
5-22 biological child <;>
5-23 <(2) he and the mother, who is named in the statement,
5-24 were not married to each other at the time of conception of the
5-25 child or at any subsequent time; and>
6-1 <(3) the child is not the biological child of another
6-2 man>.
6-3 SECTION 9. Section 13.42(a), Family Code, is amended to read
6-4 as follows:
6-5 (a) In a suit in which a determination of paternity is
6-6 sought, the court may provide for the managing and possessory
6-7 conservatorship and support of and access to the child; except that
6-8 no alleged father denying paternity may be required to make any
6-9 payment for the support of the child until paternity is established
6-10 or, in the case of temporary orders as authorized by Section 13.04,
6-11 of this chapter, the court finds that the alleged father is not
6-12 excluded as the biological father of the child and at least 99
6-13 percent of the male population is excluded from being the
6-14 biological father of the child. On a finding of paternity, the
6-15 court may order support retroactive to the time of the birth
6-16 <filing> of the child <suit> and, on a proper showing, may order a
6-17 party to pay an equitable portion of all prenatal and postnatal
6-18 related health care expenses of the mother and child.
6-19 SECTION 10. Section 11.08(c), Family Code, is repealed.
6-20 SECTION 11. (a) This Act takes effect September 1, 1993.
6-21 (b) This Act applies to a pending paternity proceeding
6-22 without regard to whether the proceeding was commenced before, on,
6-23 or after the effective date of this Act.
6-24 (c) The change in law made by Section 9 of the Act requiring
6-25 the payment of child support retroactive to the child's birth
7-1 applies to the payment of child support in a pending paternity
7-2 proceeding without regard to whether the child was born before, on,
7-3 or after the effective date of this Act.
7-4 SECTION 12. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.