79R3174 KSD-D

By:  Davis of Dallas                                              H.B. No. 1836



A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the paternity of a child; 
providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 160, Family Code, is 
amended by adding Section 160.107 to read as follows:
	Sec. 160.107.  OFFENSE BY MOTHER OF CHILD. (a) A mother of a 
child commits an offense if the mother:
		(1)  signs an acknowledgment of paternity with the 
intent to establish the paternity of a man who the mother knows is 
not the biological father of the child; or
		(2)  maintains a proceeding under Subchapter G to 
adjudicate the parentage of a man who the mother knows is not the 
biological father of the child.
	(b)  An offense under this section is a Class C misdemeanor.            
	(c)  It is a defense to prosecution under Subsection (a)(1) 
that both the mother of the child and the man who is not the 
biological father of the child knew that the man was not the 
biological father at the time the mother and the man executed the 
acknowledgment of paternity.
	SECTION 2.  Section 160.636, Family Code, is amended by 
amending Subsection (c) and adding Subsection (i) to read as 
follows:
	(c)  Except as otherwise provided by Subsection (d) or 
Section 160.6365, the court may assess filing fees, reasonable 
attorney's fees, fees for genetic testing, other costs, and 
necessary travel and other reasonable expenses incurred in a 
proceeding under this subchapter.  Attorney's fees awarded by the 
court may be paid directly to the attorney.  An attorney who is 
awarded attorney's fees may enforce the order in the attorney's own 
name.
	(i)  The court shall order the mother of a child to reimburse 
a man alleged by the mother to be the father of the child for any 
child support paid by the man for the child if the court finds that:
		(1)  the man is not the biological father of the child 
based on the results of genetic testing under Section 160.505; and
		(2)  the mother of the child knew the man was not the 
biological father of the child at the time the mother:
			(A)  signed an acknowledgment of paternity with 
the intent to establish the man's paternity; or
			(B)  initiated a proceeding to adjudicate the 
man's paternity of the child under this subchapter.
	SECTION 3.  Subchapter G, Chapter 160, Family Code, is 
amended by adding Section 160.6365 to read as follows:
	Sec. 160.6365.  COSTS OF GENETIC TESTING REQUESTED BY MOTHER 
OF CHILD. Notwithstanding Section 160.506, if the court orders 
genetic testing in response to a motion made by the mother of a 
child in a proceeding to adjudicate the parentage of the child, the 
mother must pay the costs of the genetic testing.  If, based on the 
genetic test, the man whose paternity is to be adjudicated is 
rebuttably identified as the father of the child under Section 
160.505, the man must reimburse the mother of the child for half of 
the costs of the testing.
	SECTION 4.  Section 160.107, Family Code, as added by this 
Act, applies only to an acknowledgment of paternity signed, or a 
proceeding to adjudicate paternity commenced, on or after the 
effective date of this Act.  An acknowledgment signed or a 
proceeding commenced before the effective date of this Act is 
governed by the law in effect on the date the acknowledgment was 
signed or the proceeding was commenced, and the former law is 
continued in effect for that purpose.
	SECTION 5.  Section 160.636(i), Family Code, as added by 
this Act, applies only to an order adjudicating parentage rendered 
on or after the effective date of this Act.  An order rendered 
before the effective date of this Act is governed by the law in 
effect on the date the order was rendered, and the former law is 
continued in effect for that purpose.
	SECTION 6.  Section 160.6365, Family Code, as added by this 
Act, applies only to an order for genetic testing rendered on or 
after the effective date of this Act.  An order rendered before the 
effective date of this Act is governed by the law in effect on the 
date the order was rendered, and the former law is continued in 
effect for that purpose.
	SECTION 7.  This Act takes effect September 1, 2005.