82R7632 KLA-F
By: Thompson H.B. No. 2095
A BILL TO BE ENTITLED
AN ACT
relating to genetic testing in certain proceedings to declare
heirship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 53C(a) and (b), Texas Probate Code, are
amended to read as follows:
(a) This section applies in a proceeding to declare heirship
of a decedent only with respect to an individual who[:
[(1) petitions the court for a determination of right
of inheritance as authorized by Section 42(b) of this code; and
[(2)] claims to be a biological child of the
decedent[, but with respect to whom a parent-child relationship
with the decedent was not established as provided by Section
160.201, Family Code,] or [who] claims inheritance through a
biological child of the decedent[, if a parent-child relationship
between the individual through whom the inheritance is claimed and
the decedent was not established as provided by Section 160.201,
Family Code].
(b) The presumption under Section 160.505, Family Code,
that applies in establishing a parent-child relationship also
applies in determining heirship in the probate court using the
results of genetic testing ordered with respect to an individual
described by Subsection (a) of this section, and the presumption
may be rebutted in the same manner provided by Section 160.505,
Family Code. [Unless the results of genetic testing of another
individual who is an heir of the decedent are admitted as rebuttal
evidence, the court shall find that the individual described by
Subsection (a) of this section is an heir of the decedent if the
results of genetic testing ordered under Section 53A of this
chapter identify a tested individual who is an heir of the decedent
as the ancestor of the individual described by Subsection (a) of
this section.]
SECTION 2. (a) Sections 204.151 and 204.152, Estates Code,
as effective January 1, 2014, are amended to read as follows:
Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter
applies in a proceeding to declare heirship of a decedent only with
respect to an individual who[:
[(1) petitions the court for a determination of right
of inheritance as authorized by Section 201.052(c); and
[(2)] claims[:
[(A)] to be a biological child of the decedent or
claims[, but with respect to whom a parent-child relationship with
the decedent was not established as provided by Section 160.201,
Family Code; or
[(B)] to inherit through a biological child of
the decedent[, if a parent-child relationship between the
individual through whom the inheritance is claimed and the decedent
was not established as provided by Section 160.201, Family Code].
Sec. 204.152. PRESUMPTION; [REQUIRED FINDINGS IN ABSENCE
OF] REBUTTAL [EVIDENCE]. The presumption under Section 160.505,
Family Code, that applies in establishing a parent-child
relationship also applies in determining heirship in the probate
court using the results of genetic testing ordered with respect to
an individual described by Section 204.151, and the presumption may
be rebutted in the same manner provided by Section 160.505, Family
Code. [Unless the results of genetic testing of another individual
who is an heir of the decedent who is the subject of a proceeding to
declare heirship to which this subchapter applies are admitted as
rebuttal evidence, the court shall find that the individual
described by Section 204.151:
[(1) is an heir of the decedent, if the results of
genetic testing ordered under Subchapter B identify a tested
individual who is an heir of the decedent as the ancestor of the
individual described by Section 204.151; or
[(2) is not an heir of the decedent, if the results of
genetic testing ordered under Subchapter B exclude a tested
individual who is an heir of the decedent as the ancestor of the
individual described by Section 204.151.]
(b) The changes in law made by Section 1 of this Act to
Sections 53C(a) and (b), Texas Probate Code, are repealed.
SECTION 3. Section 53C(c), Texas Probate Code, is repealed.
SECTION 4. The change in law made by this Act applies only
to a proceeding to declare heirship commenced on or after September
1, 2011. A proceeding to declare heirship commenced before that
date is governed by the law in effect on the date the proceeding was
commenced, and the former law is continued in effect for that
purpose.
SECTION 5. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect September 1, 2011.
(b) Section 2 of this Act takes effect January 1, 2014.