| 1 | 1 | | By: Taylor, Thompson of Harris H.B. No. 154 |
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| 2 | 2 | | (Senate Sponsor - West) |
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| 3 | 3 | | (In the Senate - Received from the House May 6, 2013; |
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| 4 | 4 | | May 7, 2013, read first time and referred to Committee on |
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| 5 | 5 | | Jurisprudence; May 16, 2013, reported favorably by the following |
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| 6 | 6 | | vote: Yeas 6, Nays 0; May 16, 2013, sent to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the termination of the parent-child relationship and |
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| 12 | 12 | | the duty to pay child support in circumstances involving mistaken |
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| 13 | 13 | | paternity. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Sections 161.005(e) and (i), Family Code, are |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (e) A petition under Subsection (c) must be filed not later |
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| 18 | 18 | | than the second [first] anniversary of the date on which the |
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| 19 | 19 | | petitioner becomes aware of the facts alleged in the petition |
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| 20 | 20 | | indicating that the petitioner is not the child's genetic father. |
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| 21 | 21 | | (i) An order under Subsection (h) terminating the |
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| 22 | 22 | | parent-child relationship ends the petitioner's obligation for |
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| 23 | 23 | | future support of the child as of the date the order is rendered, as |
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| 24 | 24 | | well as the obligation to pay interest that accrues after that date |
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| 25 | 25 | | on the basis of a child support arrearage or money judgment for a |
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| 26 | 26 | | child support arrearage existing on that date. The order does not |
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| 27 | 27 | | affect the petitioner's obligations for support of the child |
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| 28 | 28 | | incurred before that date [or the petitioner's obligation to pay |
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| 29 | 29 | | interest that accrues after that date on the basis of child support |
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| 30 | 30 | | arrearages existing on that date]. Those obligations are |
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| 31 | 31 | | enforceable until satisfied by any means available for the |
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| 32 | 32 | | enforcement of child support other than contempt. |
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| 33 | 33 | | SECTION 2. Section 161.005, Family Code, as amended by this |
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| 34 | 34 | | Act, applies only to a suit affecting the parent-child relationship |
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| 35 | 35 | | pending in a trial court on the effective date of this Act or filed |
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| 36 | 36 | | on or after that date. A suit affecting the parent-child |
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| 37 | 37 | | relationship in which a final order is rendered before the |
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| 38 | 38 | | effective date of this Act is governed by the law in effect on the |
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| 39 | 39 | | date the order was rendered, and the former law is continued in |
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| 40 | 40 | | effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2013. |
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| 46 | 46 | | * * * * * |
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