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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the paternity of a child; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 160, Family Code, is |
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amended by adding Section 160.107 to read as follows: |
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Sec. 160.107. OFFENSE BY MOTHER OF CHILD. (a) A mother of a |
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child commits an offense if the mother: |
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(1) signs an acknowledgment of paternity with the |
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intent to establish the paternity of a man who the mother knows is |
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not the biological father of the child; or |
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(2) maintains a proceeding under Subchapter G to |
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adjudicate the parentage of a man who the mother knows is not the |
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biological father of the child. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) It is a defense to prosecution under Subsection (a)(1) |
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that both the mother of the child and the man who is not the |
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biological father of the child knew that the man was not the |
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biological father at the time the mother and the man executed the |
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acknowledgment of paternity. |
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SECTION 2. Subchapter G, Chapter 160, Family Code, is |
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amended by adding Section 160.6035 to read as follows: |
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Sec. 160.6035. WRITTEN NOTICE; PROOF OF SERVICE OF PROCESS. |
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(a) In a proceeding to adjudicate a man's parentage, service of |
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process on the man must include written notice detailing the legal |
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consequences of an adjudication of parentage, including |
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information regarding the duty to pay child support. |
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(b) At the first hearing in a proceeding to adjudicate a |
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man's parentage, the petitioner must show proof of the service of |
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process described by Subsection (a), including the time and manner |
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of service. The proceeding may not continue unless proof is shown |
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under this subsection. |
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SECTION 3. Section 160.636, Family Code, is amended by |
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amending Subsection (c) and adding Subsections (i) and (j) to read |
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as follows: |
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(c) Except as otherwise provided by Subsection (d) or |
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Section 160.6365, the court may assess filing fees, reasonable |
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attorney's fees, fees for genetic testing, other costs, and |
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necessary travel and other reasonable expenses incurred in a |
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proceeding under this subchapter. Attorney's fees awarded by the |
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court may be paid directly to the attorney. An attorney who is |
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awarded attorney's fees may enforce the order in the attorney's own |
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name. |
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(i) Except as provided by Subsection (j), the court shall |
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order the mother of a child to reimburse a man alleged by the mother |
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to be the father of the child for any child support paid by the man |
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for the child if the court finds that: |
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(1) the man is not the biological father of the child |
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based on the results of genetic testing under Section 160.505; and |
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(2) the mother of the child knew the man was not the |
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biological father of the child at the time the mother: |
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(A) signed an acknowledgment of paternity with |
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the intent to establish the man's paternity; or |
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(B) initiated a proceeding to adjudicate the |
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man's paternity of the child under this subchapter. |
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(j) The court may not order the reimbursement of child |
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support under Subsection (i) if both the mother of the child and the |
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man who is not the biological father of the child knew that the man |
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was not the biological father of the child at the time the mother |
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and the man executed the acknowledgment of paternity. |
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SECTION 4. Subchapter G, Chapter 160, Family Code, is |
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amended by adding Section 160.6365 to read as follows: |
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Sec. 160.6365. COSTS OF GENETIC TESTING REQUESTED BY MOTHER |
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OF CHILD. Notwithstanding Section 160.506, if the court orders |
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genetic testing in response to a motion made by the mother of a |
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child in a proceeding to adjudicate the parentage of the child, the |
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mother must pay the costs of the genetic testing. If, based on the |
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genetic test, the man whose paternity is to be adjudicated is |
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rebuttably identified as the father of the child under Section |
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160.505, the man must reimburse the mother of the child for half of |
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the costs of the testing. |
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SECTION 5. Section 160.107, Family Code, as added by this |
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Act, applies only to an acknowledgment of paternity signed, or a |
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proceeding to adjudicate paternity commenced, on or after the |
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effective date of this Act. An acknowledgment signed or a |
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proceeding commenced before the effective date of this Act is |
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governed by the law in effect on the date the acknowledgment was |
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signed or the proceeding was commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. Section 160.6035, Family Code, as added by this |
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Act, applies only to a proceeding to adjudicate parentage commenced |
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on or after the effective date of this Act. A proceeding to |
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adjudicate parentage commenced before the effective date of this |
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Act is governed by the law in effect on the date the proceeding was |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. Sections 160.636(i) and (j), Family Code, as |
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added by this Act, apply only to an order adjudicating parentage |
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rendered on or after the effective date of this Act. An order |
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rendered before the effective date of this Act is governed by the |
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law in effect on the date the order was rendered, and the former law |
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is continued in effect for that purpose. |
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SECTION 8. Section 160.6365, Family Code, as added by this |
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Act, applies only to an order for genetic testing rendered on or |
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after the effective date of this Act. An order rendered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2009. |