By:  West                                                         S.B. No. 1178


A BILL TO BE ENTITLED

AN ACT

relating to the availability of genetic testing in the 
determination of parentage by the Title IV-D agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 233.028, Family Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  The notice described in Subsection (a) and sent to a 
man alleged to be the father of a child shall include the following 
statement printed on the notice in boldfaced type, in capital 
letters, or underlined:
		"YOU HAVE THE RIGHT TO REQUEST GENETIC TESTING TO 
DETERMINE THE PARENTAGE OF A CHILD WHOSE PARENTAGE HAS NOT BEEN 
ESTABLISHED.  THE TITLE IV-D AGENCY WILL PAY FOR THE COSTS OF THE 
GENETIC TESTING, BUT IF THE RESULTS OF THE TESTING IDENTIFY YOU AS 
THE BIOLOGICAL FATHER OF THE CHILD, YOU MAY BE REQUIRED TO REIMBURSE 
THE AGENCY FOR THOSE COSTS."
	SECTION 2.  Subsection (b), Section 233.028, Family Code, is 
amended to read as follows:
	(b)  If all parties agree to the child's parentage, the 
agency may file an agreed child support review order as provided by 
this chapter.  The agreed order shall include a statement signed by 
the parties entitled to genetic testing in the case that the parties 
have waived their rights to request genetic testing.
	SECTION 3.  The change in law made by this Act applies only 
to an administrative proceeding under Chapter 233, Family Code, for 
the determination of parentage commenced on or after the effective 
date of the Act.
	SECTION 4.  This Act takes effect September 1, 2005.