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A BILL TO BE ENTITLED
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AN ACT
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relating to genetic testing in certain proceedings to declare |
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heirship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 53C(a) and (b), Texas Probate Code, are |
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amended to read as follows: |
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(a) This section applies in a proceeding to declare heirship |
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of a decedent only with respect to an individual who[:
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[(1)
petitions the court for a determination of right
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of inheritance as authorized by Section 42(b) of this code; and
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[(2)] claims to be a biological child of the |
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decedent[, but with respect to whom a parent-child relationship
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with the decedent was not established as provided by Section
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160.201, Family Code,] or [who] claims inheritance through a |
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biological child of the decedent[, if a parent-child relationship
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between the individual through whom the inheritance is claimed and
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the decedent was not established as provided by Section 160.201,
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Family Code]. |
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(b) The presumption under Section 160.505, Family Code, |
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that applies in establishing a parent-child relationship also |
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applies in determining heirship in the probate court using the |
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results of genetic testing ordered with respect to an individual |
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described by Subsection (a) of this section, and the presumption |
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may be rebutted in the same manner provided by Section 160.505, |
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Family Code. [Unless the results of genetic testing of another
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individual who is an heir of the decedent are admitted as rebuttal
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evidence, the court shall find that the individual described by
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Subsection (a) of this section is an heir of the decedent if the
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results of genetic testing ordered under Section 53A of this
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chapter identify a tested individual who is an heir of the decedent
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as the ancestor of the individual described by Subsection (a) of
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this section.] |
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SECTION 2. (a) Sections 204.151 and 204.152, Estates Code, |
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as effective January 1, 2014, are amended to read as follows: |
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Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies in a proceeding to declare heirship of a decedent only with |
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respect to an individual who[:
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[(1)
petitions the court for a determination of right
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of inheritance as authorized by Section 201.052(c); and
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[(2)] claims[:
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[(A)] to be a biological child of the decedent or |
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claims[, but with respect to whom a parent-child relationship with
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the decedent was not established as provided by Section 160.201,
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Family Code; or
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[(B)] to inherit through a biological child of |
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the decedent[, if a parent-child relationship between the
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individual through whom the inheritance is claimed and the decedent
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was not established as provided by Section 160.201, Family Code]. |
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Sec. 204.152. PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
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OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505, |
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Family Code, that applies in establishing a parent-child |
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relationship also applies in determining heirship in the probate |
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court using the results of genetic testing ordered with respect to |
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an individual described by Section 204.151, and the presumption may |
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be rebutted in the same manner provided by Section 160.505, Family |
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Code. [Unless the results of genetic testing of another individual
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who is an heir of the decedent who is the subject of a proceeding to
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declare heirship to which this subchapter applies are admitted as
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rebuttal evidence, the court shall find that the individual
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described by Section 204.151:
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[(1)
is an heir of the decedent, if the results of
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genetic testing ordered under Subchapter B identify a tested
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individual who is an heir of the decedent as the ancestor of the
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individual described by Section 204.151; or
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[(2)
is not an heir of the decedent, if the results of
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genetic testing ordered under Subchapter B exclude a tested
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individual who is an heir of the decedent as the ancestor of the
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individual described by Section 204.151.] |
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(b) The changes in law made by Section 1 of this Act to |
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Sections 53C(a) and (b), Texas Probate Code, are repealed. |
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SECTION 3. Section 53C(c), Texas Probate Code, is repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to a proceeding to declare heirship commenced on or after September |
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1, 2011. A proceeding to declare heirship commenced before that |
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date 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 5. (a) Except as otherwise provided by Subsection |
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(b) of this section, this Act takes effect September 1, 2011. |
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(b) Section 2 of this Act takes effect January 1, 2014. |