By: Taylor, Thompson of Harris H.B. No. 154
(Senate Sponsor - West)
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on
Jurisprudence; May 16, 2013, reported favorably by the following
vote: Yeas 6, Nays 0; May 16, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the termination of the parent-child relationship and
the duty to pay child support in circumstances involving mistaken
paternity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.005(e) and (i), Family Code, are
amended to read as follows:
(e) A petition under Subsection (c) must be filed not later
than the second [first] anniversary of the date on which the
petitioner becomes aware of the facts alleged in the petition
indicating that the petitioner is not the child's genetic father.
(i) An order under Subsection (h) terminating the
parent-child relationship ends the petitioner's obligation for
future support of the child as of the date the order is rendered, as
well as the obligation to pay interest that accrues after that date
on the basis of a child support arrearage or money judgment for a
child support arrearage existing on that date. The order does not
affect the petitioner's obligations for support of the child
incurred before that date [or the petitioner's obligation to pay
interest that accrues after that date on the basis of child support
arrearages existing on that date]. Those obligations are
enforceable until satisfied by any means available for the
enforcement of child support other than contempt.
SECTION 2. Section 161.005, Family Code, as amended by this
Act, applies only to a suit affecting the parent-child relationship
pending in a trial court on the effective date of this Act or filed
on or after that date. A suit affecting the parent-child
relationship in which a final order is rendered before the
effective date of this Act is governed by the law in effect on the
date the order was rendered, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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