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A BILL TO BE ENTITLED
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AN ACT
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relating to genetic testing in the determination of parentage and |
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to a proceeding to vacate an order of paternity or child support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 154, Family Code, is |
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amended by adding Section 154.015 to read as follows: |
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Sec. 154.015. PATERNITY TEST REQUIRED. (a) Except as |
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provided by Subsections (b) and (c), a court may not render an order |
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requiring the payment of child support unless the court finds that: |
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(1) the parties have completed a genetic test to |
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determine parentage that complies with the requirements of |
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Subchapter F, Chapter 160, and, based on the genetic test, the man |
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named as the father in the suit affecting the parent-child |
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relationship is rebuttably identified as the father of the child in |
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accordance with Section 160.505(a); or |
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(2) the party being ordered to pay child support is an |
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adoptive parent of the child. |
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(b) If the parties to a suit affecting the parent-child |
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relationship in which child support is requested have not completed |
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a genetic test that complies with the requirements of Subchapter F, |
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Chapter 160, the court shall order the child, the child's mother, |
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and the alleged father to submit to genetic testing not later than |
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the 30th day after the date the order requiring genetic testing is |
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rendered. If an alleged father fails to submit to a genetic test |
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ordered under this section, the court may render an order |
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adjudicating the alleged father to be the father of the child and |
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requiring the alleged father to pay child support. |
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(c) In a suit affecting the parent-child relationship, an |
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alleged father of the child may file an affidavit with the court |
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admitting paternity of the child. After receiving an affidavit |
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under this subsection, the court may, without requiring a genetic |
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test, render an order adjudicating the alleged father to be the |
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father of the child and requiring the alleged father to pay child |
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support. An alleged father who files an affidavit under this |
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subsection may not challenge the adjudication of paternity. |
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(d) The parties, other than a governmental entity, shall |
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bear the cost of the genetic test ordered under this section |
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equally. |
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SECTION 2. Section 160.308(a), Family Code, is amended to |
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read as follows: |
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(a) After the period for rescission under Section 160.307 |
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has expired, a signatory of an acknowledgment of paternity or |
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denial of paternity may commence a proceeding to challenge the |
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acknowledgment or denial only on the basis of fraud, duress, or |
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material mistake of fact. The proceeding must be commenced before |
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the child's 18th birthday [fourth anniversary of the date the
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acknowledgment or denial is filed with the bureau of vital
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statistics unless the signatory was a minor on the date the
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signatory executed the acknowledgment or denial. If the signatory
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was a minor on the date the signatory executed the acknowledgment or
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denial, the proceeding must be commenced before the earlier of the
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fourth anniversary of the date of:
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[(1)the signatory's 18th birthday; or
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[(2) the removal of the signatory's disabilities of
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minority by court order, marriage, or by other operation of law]. |
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SECTION 3. Section 160.607, Family Code, is amended to read |
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as follows: |
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Sec. 160.607. TIME LIMITATION: CHILD HAVING PRESUMED |
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FATHER. A [(a) Except as otherwise provided by Subsection (b), a] |
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proceeding brought by a presumed father, the mother, or another |
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individual to adjudicate the parentage of a child having a presumed |
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father must [shall] be commenced before the child's 18th birthday |
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[not later than the fourth anniversary of the date of the birth of
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the child]. |
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[(b) A proceeding seeking to disprove the father-child
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relationship between a child and the child's presumed father may be
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maintained at any time if the court determines that:
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[(1) the presumed father and the mother of the child
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did not live together or engage in sexual intercourse with each
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other during the probable time of conception; and
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[(2) the presumed father never represented to others
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that the child was his own.] |
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SECTION 4. Chapter 160, Family Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. PROCEEDINGS TO VACATE COURT ORDER |
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Sec. 160.801. MOTION TO VACATE COURT ORDER. (a) The mother |
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of a child or a person identified in a court order as the father of a |
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child may file a motion at any time requesting the court to vacate a |
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court order that: |
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(1) states that the person identified in the order as |
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the father of the child is the father of the child identified in the |
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motion; or |
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(2) requires the person identified in the order as the |
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father of the child to pay child support for the child. |
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(b) The motion to vacate a court order must be accompanied |
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by a certified copy of the court order to be vacated. |
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Sec. 160.802. GENETIC TESTING. (a) In a proceeding under |
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this subchapter, the court, on application by or on behalf of either |
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party, or on its own motion, shall order the child, the child's |
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mother, and the person identified in the court order as the father |
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of the child to submit to genetic testing not later than the 30th |
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day after the date the order requiring genetic testing is rendered. |
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(b) Genetic testing under this section is subject to the |
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same procedures as genetic testing ordered under Subchapter F. |
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Sec. 160.803. FAILURE TO SUBMIT TO GENETIC TEST. (a) If a |
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mother fails to submit to a genetic test ordered under Section |
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160.802, the court may suspend the legal obligation of the person |
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identified in the court order as the father of the child to pay |
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child support until the mother submits to the genetic test. |
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(b) If the person identified in the court order as the |
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father of the child fails to submit to a genetic test ordered under |
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Section 160.802, the court may dismiss the person's motion to |
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vacate with prejudice. |
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Sec. 160.804. GROUNDS FOR VACATING ORDER. (a) Except as |
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otherwise provided by this section, the court shall vacate an order |
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described by Section 160.801 if the court finds that the person |
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identified in the court order as the father of the child: |
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(1) is not the child's adoptive parent; |
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(2) did not consent to assisted reproduction by his |
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wife under Subchapter H; and |
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(3) based on genetic testing, is not rebuttably |
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identified as the father of the child in accordance with Section |
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160.505. |
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(b) The court may not grant a motion under this section if |
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the court finds that at any time the person who filed the motion |
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knew that the person identified in the court order as the father of |
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the child was not the child's biological parent, and the person |
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identified in the court order as the father of the child: |
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(1) consented to his name being entered as the child's |
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biological father on the child's birth certificate; |
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(2) was determined to be the child's father in a |
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proceeding to determine parentage; or |
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(3) filed an acknowledgment of paternity with the |
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bureau of vital statistics. |
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Sec. 160.805. POSSESSION ORDER; CHILD SUPPORT ARREARAGE. |
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(a) If the court vacates a parentage or support order in a |
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proceeding under this subchapter and the moving party is also |
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entitled under an order to the possession of or access to the child |
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who is the subject of the vacated order, the court shall determine |
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whether the possession order should be terminated, modified, or |
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continued based on the best interest of the child. |
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(b) If the court vacates a child support order under this |
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subchapter and an arrearage exists under that child support order, |
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the court may reduce the amount of the arrearage to zero. If the |
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court eliminates an arrearage under this subsection, the court |
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shall issue an order stating that the child support obligation, |
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including any arrearage, is terminated. |
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(c) The elimination of an arrearage under a support order |
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that is vacated as provided by this subchapter is for purposes of |
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correcting a mistake and is not a retroactive modification. |
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Sec. 160.806. COURT COSTS. If the court does not grant the |
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motion to vacate a court order under this subchapter, the court |
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shall order the moving party to pay the costs of the action and each |
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opposing party's reasonable attorney's fees. |
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Sec. 160.807. EXPIRATION. This subchapter expires |
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September 1, 2009. |
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SECTION 5. Section 233.028, Family Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) The notice described in Subsection (a) and sent to a |
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man alleged to be the father of a child must include the following |
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statement printed on the notice in boldfaced type, in capital |
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letters, or underlined: |
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"YOU HAVE THE RIGHT TO REQUEST GENETIC TESTING TO DETERMINE |
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THE PARENTAGE OF A CHILD WHOSE PARENTAGE HAS NOT BEEN ESTABLISHED. |
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THE TITLE IV-D AGENCY WILL PAY FOR THE COSTS OF THE GENETIC TESTING, |
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BUT IF THE RESULTS OF THE TESTING IDENTIFY YOU AS THE BIOLOGICAL |
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FATHER OF THE CHILD, YOU MAY BE REQUIRED TO REIMBURSE THE AGENCY FOR |
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THOSE COSTS." |
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(b) If all parties agree to the child's parentage, the |
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agency may file an agreed child support review order as provided by |
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this chapter. The agreed order must include a statement signed by |
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the parties entitled to genetic testing in the case that the parties |
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have waived their rights to request genetic testing. |
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SECTION 6. Section 233.028, Family Code, as amended by this |
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Act, applies only to an administrative proceeding under Chapter |
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233, Family Code, for the determination of parentage commenced on |
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or after the effective date of this Act. |
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SECTION 7. If before implementing any provision of this Act |
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the Title IV-D agency determines that a waiver or authorization |
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from a federal agency is necessary for implementation of the change |
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in law made by this Act, the agency shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 8. Section 154.015, Family Code, as added by this |
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Act, and the change in law made by this Act to Sections 160.308 and |
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160.607, Family Code, apply only to a suit affecting the |
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parent-child relationship filed on or after the effective date of |
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this Act. A suit affecting the parent-child relationship filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2007. |