By Harris of Tarrant S.B. No. 121
74R305 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a program promoting voluntary
1-3 acknowledgment of paternity in a hospital immediately before or
1-4 after the birth of a child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 77, Human Resources Code, is amended to
1-7 read as follows:
1-8 CHAPTER 77. PROGRAMS PROMOTING ESTABLISHMENT OR ENFORCEMENT
1-9 OF SUPPORT OBLIGATIONS <PARENT LOCATOR SERVICE>
1-10 SUBCHAPTER A. PARENT LOCATOR SERVICE
1-11 Sec. 77.001. ESTABLISHMENT AND OPERATION OF SERVICE
1-12 <DESIGNATED STATE AGENCY>. <(a)> The state agency designated to
1-13 administer a statewide plan for child support may establish and
1-14 conduct a parent locator service which shall be used to obtain
1-15 information as to the whereabouts, income, and holdings of any
1-16 person when such information is to be used for the purposes of
1-17 locating such person and establishing or enforcing a support or
1-18 medical support obligation against such person.
1-19 Sec. 77.002. ENTITIES REQUIRED TO FURNISH INFORMATION.
1-20 <(b)> The designated state agency is entitled to request and
1-21 obtain such information from state and local government agencies,
1-22 private companies, institutions, or other entities as deemed
1-23 necessary to carry out the provisions of this Act. Such government
1-24 and private entities shall furnish any information so requested and
2-1 known to such entity to the designated agency unless state or
2-2 federal law specifically provides that the information may not be
2-3 disclosed to the designated agency office.
2-4 Sec. 77.003. ADMINISTRATIVE SUBPOENA. <(c)> The designated
2-5 agency may issue an administrative subpoena to any individual or
2-6 organization to furnish information necessary to carry out the
2-7 provisions of this section, and any individual or organization
2-8 receiving a subpoena shall comply with the subpoena.
2-9 Sec. 77.004. MANNER OF SENDING INFORMATION. <(d)> The
2-10 furnishing of information provided for in Section 77.001
2-11 <Subsection (a) of this section> by state governmental agencies
2-12 shall include the transmittal of information in the most efficient
2-13 and expeditious manner available, including electronic or automated
2-14 transfer and interface.
2-15 (Sections 77.005-77.050 reserved for expansion
2-16 SUBCHAPTER B. VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
2-17 Sec. 77.051. ESTABLISHMENT OF HOSPITAL-BASED PROGRAM FOR
2-18 VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. The state agency designated
2-19 to administer a statewide plan for child support shall establish a
2-20 program to promote the voluntary acknowledgment of paternity in a
2-21 hospital immediately before or after the birth of a child, in
2-22 accordance with 42 U.S.C. Section 666(a)(5)(C).
2-23 Sec. 77.052. PROGRAM REQUIREMENTS. The program established
2-24 under this subchapter shall:
2-25 (1) require participation in the program, as
2-26 authorized by Section 311.004, Health and Safety Code, of a
2-27 hospital that is:
3-1 (A) licensed under Chapter 241, Health and
3-2 Safety Code; or
3-3 (B) maintained and operated by the state;
3-4 (2) incorporate the procedures provided by Subchapter
3-5 B, Chapter 13, Family Code, regarding the execution and effect of a
3-6 voluntary statement of paternity;
3-7 (3) provide that the rights and responsibilities of
3-8 acknowledging paternity are explained; and
3-9 (4) ensure that due process safeguards are afforded an
3-10 individual acknowledging paternity.
3-11 Sec. 77.053. RULES AND PROCEDURES. The state agency
3-12 responsible for establishing the voluntary acknowledgment of
3-13 paternity program required by this subchapter may adopt rules,
3-14 forms, and procedures necessary for administering the program.
3-15 SECTION 2. Subchapter A, Chapter 311, Health and Safety
3-16 Code, is amended by adding Section 311.004 to read as follows:
3-17 Sec. 311.004. PARTICIPATION IN PROGRAM PROMOTING VOLUNTARY
3-18 ACKNOWLEDGMENT OF PATERNITY. (a) A hospital shall participate in
3-19 the program established under Subchapter B, Chapter 77, Human
3-20 Resources Code, regarding the voluntary establishment of paternity
3-21 in a hospital immediately before or after the birth of a child.
3-22 (b) This section applies to a hospital that:
3-23 (1) is licensed under Chapter 241; or
3-24 (2) is maintained and operated by the state.
3-25 SECTION 3. The program required by this Act regarding the
3-26 voluntary acknowledgment of paternity in a hospital immediately
3-27 before or after the birth of a child shall be established not later
4-1 than January 1, 1996.
4-2 SECTION 4. This Act takes effect September 1, 1995.
4-3 SECTION 5. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.