Texas 2025 - 89th Regular

Texas House Bill HB1671 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3072 MLH-D
2	2	By: Leach H.B. No. 1671
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment of parentage and the duty to pay
10	10	retroactive child support, including the duty to pay retroactive
11	11	child support beginning on the date of the child's conception.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 154.131, Family Code, is amended by
14	14	amending Subsection (d) and adding Subsections (g), (h), and (i) to
15	15	read as follows:
16	16	(d) The presumption created under Subsection (c) [this
17	17	section] may be rebutted by evidence that the obligor:
18	18	(1) knew or should have known that the obligor was the
19	19	father of the child for whom support is sought; and
20	20	(2) sought to avoid the establishment of a support
21	21	obligation to the child.
22	22	(g) Subject to Subsections (c) and (d), it is presumed to be
23	23	reasonable and in the best interest of the child for a court to
24	24	order retroactive child support for the child beginning on the
25	25	earliest possible date of the child's conception, as determined by:
26	26	(1) a physician using standard medical practice, as
27	27	defined by Section 171.201, Health and Safety Code; or
28	28	(2) a preponderance of other evidence presented to the
29	29	court, including the testimony of a parent of the child.
30	30	(h) On a proper showing, the court shall order the obligor
31	31	to pay, as additional retroactive child support, an equitable
32	32	portion of all prenatal and postnatal health care expenses of the
33	33	mother and the child.
34	34	(i) The court shall confirm the amount of retroactive child
35	35	support and render a cumulative money judgment for the total amount
36	36	of retroactive child support owed.
37	37	SECTION 2. Section 160.304(c), Family Code, is amended to
38	38	read as follows:
39	39	(c) Subject to Subsection (a), an acknowledgment of
40	40	paternity or denial of paternity takes effect on [the date of the
41	41	birth of the child or] the filing of the document with the vital
42	42	statistics unit[, whichever occurs later].
43	43	SECTION 3. Section 160.502(b), Family Code, is amended to
44	44	read as follows:
45	45	(b) If a request for genetic testing of a child is made
46	46	before the birth of the child, the court or support enforcement
47	47	agency may [not] order in utero testing only if the request is made
48	48	by the pregnant mother.
49	49	SECTION 4. Section 160.506, Family Code, is amended by
50	50	adding Subsection (c) to read as follows:
51	51	(c) The court may not order a support enforcement agency
52	52	under Subsection (a)(1) to advance the costs of genetic testing
53	53	performed in utero under Section 160.502(b).
54	54	SECTION 5. Section 160.611, Family Code, is amended to read
55	55	as follows:
56	56	Sec. 160.611. PROCEEDINGS BEFORE BIRTH. (a) A proceeding
57	57	to determine parentage commenced before the birth of the child may
58	58	not be concluded until after the birth of the child unless the
59	59	pregnant mother commences the proceeding.
60	60	(b) Notwithstanding Subsection (a), in any [In a]
61	61	proceeding to determine parentage commenced before the birth of the
62	62	child [described by Subsection (a)], the following actions may be
63	63	taken before the birth of the child:
64	64	(1) service of process;
65	65	(2) discovery; and
66	66	(3) except as prohibited by Section 160.502,
67	67	collection of specimens for genetic testing.
68	68	SECTION 6. Sections 160.636(b) and (g), Family Code, are
69	69	amended to read as follows:
70	70	(b) An order adjudicating parentage must identify the child
71	71	by name and date of birth, except that if the order is rendered
72	72	before the date of the child's birth:
73	73	(1) the order must identify the mother and father of
74	74	the unborn child and the child's expected date of birth; and
75	75	(2) as soon as practicable after the date of the
76	76	child's birth, the order must be amended to identify the child by
77	77	name and date of birth.
78	78	(g) On a finding of parentage, the court shall [may] order
79	79	retroactive child support as provided by Section 154.131 [Chapter
80	80	154 and, on a proper showing, order a party to pay an equitable
81	81	portion of all of the prenatal and postnatal health care expenses of
82	82	the mother and the child].
83	83	SECTION 7. Section 160.636(h), Family Code, is repealed.
84	84	SECTION 8. The changes in law made by this Act with respect
85	85	to an order adjudicating paternity apply only to an order rendered
86	86	on or after the effective date of this Act. An order adjudicating
87	87	paternity rendered before the effective date of this Act is
88	88	governed by the law in effect on the date the order is rendered, and
89	89	the former law is continued in effect for that purpose.
90	90	SECTION 9. The changes in law made by this Act with respect
91	91	to an acknowledgment of paternity or denial of paternity apply only
92	92	to an acknowledgment of paternity or denial of paternity executed
93	93	on or after the effective date of this Act. An acknowledgment of
94	94	paternity or denial of paternity executed before the effective date
95	95	of this Act is governed by the law in effect on the date the
96	96	acknowledgment or denial is executed, and the former law is
97	97	continued in effect for that purpose.
98	98	SECTION 10. The changes in law made by this Act to Section
99	99	160.611, Family Code, apply to a proceeding to determine parentage
100	100	that is pending on the effective date of this Act or filed on or
101	101	after that date.
102	102	SECTION 11. This Act takes effect September 1, 2025.