Bill Text: TX HB532 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of parentage and the duty to pay child support.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-04-12 - Left pending in committee [HB532 Detail]
Download: Texas-2023-HB532-Introduced.html
88R1331 EAS-D | ||
By: Patterson | H.B. No. 532 |
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relating to the establishment of parentage and the duty to pay child | ||
support. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 154, Family Code, is | ||
amended by adding Section 154.0091 to read as follows: | ||
Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR | ||
ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other | ||
provision of this chapter or other law, in any order rendered under | ||
Chapter 160, establishing a man's paternity of a child, or in any | ||
suit to establish the child support obligation of a man whose | ||
paternity has been established by the execution of a valid | ||
acknowledgment of paternity in regard to the child under Subchapter | ||
D, Chapter 160, the court shall order the man to pay retroactive | ||
child support for the child beginning on the earliest possible date | ||
of the child's conception, as determined by a physician. | ||
(b) In ordering retroactive child support under this | ||
section, the court shall apply the child support guidelines | ||
provided by this chapter and, on a proper showing, order the man to | ||
pay an equitable portion of all of the prenatal and postnatal health | ||
care expenses of the mother and the child. | ||
(c) Notwithstanding Section 157.261 or any other law, | ||
interest does not begin to accrue on a retroactive child support | ||
payment due under this section until the first anniversary of the | ||
date the judge renders the order establishing the obligation. | ||
SECTION 2. Section 160.304(c), Family Code, is amended to | ||
read as follows: | ||
(c) Subject to Subsection (a), an acknowledgment of | ||
paternity or denial of paternity takes effect on [ |
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statistics unit[ |
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SECTION 3. Section 160.502(b), Family Code, is amended to | ||
read as follows: | ||
(b) If a request for genetic testing of a child is made | ||
before the birth of the child, the court or support enforcement | ||
agency may [ |
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(1) the request is made by the pregnant mother; and | ||
(2) the pregnant mother is not pregnant with multiple | ||
children. | ||
SECTION 4. Section 160.611, Family Code, is amended to read | ||
as follows: | ||
Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding | ||
to determine parentage commenced before the birth of the child may | ||
not be concluded until after the birth of the child unless the | ||
pregnant mother: | ||
(1) commences the proceeding; and | ||
(2) is not pregnant with multiple children. | ||
(b) Notwithstanding Subsection (a), in any [ |
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proceeding to determine parentage commenced before the birth of the | ||
child [ |
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taken before the birth of the child: | ||
(1) service of process; | ||
(2) discovery; and | ||
(3) except as prohibited by Section 160.502, | ||
collection of specimens for genetic testing. | ||
SECTION 5. Sections 160.636(b) and (g), Family Code, are | ||
amended to read as follows: | ||
(b) An order adjudicating parentage must identify the child | ||
by name and date of birth, except that if the order is rendered | ||
before the date of the child's birth: | ||
(1) the order must identify the mother and father of | ||
the unborn child and the child's expected date of birth; and | ||
(2) as soon as practicable after the date of the | ||
child's birth, the order must be amended to identify the child by | ||
name and date of birth. | ||
(g) On a finding of parentage, the court shall [ |
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retroactive child support as provided by Section 154.0091 [ |
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SECTION 6. Section 160.636(h), Family Code, is repealed. | ||
SECTION 7. The changes in law made by this Act with respect | ||
to an order adjudicating paternity apply only to an order rendered | ||
on or after the effective date of this Act. An order adjudicating | ||
paternity rendered before the effective date of this Act is | ||
governed by the law in effect on the date the order is rendered, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 8. The changes in law made by the Act with respect | ||
to an acknowledgment of paternity or denial of paternity apply only | ||
to an acknowledgment of paternity or denial of paternity executed | ||
on or after the effective date of this Act. An acknowledgment of | ||
paternity or denial of paternity executed before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
acknowledgment or denial is executed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 9. The changes in law made by this Act to Section | ||
160.611, Family Code, apply to a proceeding to determine parentage | ||
that is pending on the effective date of this Act or filed on or | ||
after that date. | ||
SECTION 10. This Act takes effect September 1, 2023. |