Texas 2025 - 89th Regular

Texas House Bill HB187 Compare Versions

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11 89R828 MLH-D
22 By: Guillen H.B. No. 187
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to requiring a man determined by adjudication or
1010 acknowledgment to be a child's father to pay retroactive child
1111 support beginning on the first day of the calendar month in which
1212 the child's conception occurred.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subchapter A, Chapter 154, Family Code, is
1515 amended by adding Section 154.0091 to read as follows:
1616 Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR
1717 ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other
1818 provision of this chapter or other law, in any order rendered under
1919 Chapter 160 establishing a man's paternity of a child, or in any
2020 suit to establish the child support obligation of a man whose
2121 paternity has been established by the execution of a valid
2222 acknowledgment of paternity in regard to the child under Subchapter
2323 D, Chapter 160, the court shall order the man to:
2424 (1) pay retroactive child support beginning on the
2525 first day of the calendar month of the earliest possible date of the
2626 child's conception, as determined by acknowledgement of the child's
2727 biological parents or standard medical practice, as defined by
2828 Section 171.201, Health and Safety Code; and
2929 (2) reimburse the child's mother for an equitable
3030 portion of:
3131 (A) the reasonable and necessary medical
3232 expenses incurred by the mother and the child during gestation and
3333 delivery and incurred by the mother during postpartum recovery that
3434 are not reimbursed by medical insurance;
3535 (B) the cost of materials purchased by the mother
3636 in preparing for the child's birth that are necessary for the
3737 child's health and safety, including:
3838 (i) diapers;
3939 (ii) a car seat;
4040 (iii) a crib;
4141 (iv) clothing; and
4242 (v) infant formula; and
4343 (C) lost wages as a result of time spent
4444 receiving medical attention during gestation, delivery, and
4545 postpartum recovery.
4646 (b) In ordering retroactive child support under Subsection
4747 (a)(1), the court shall apply the child support guidelines provided
4848 by this chapter. In ordering reimbursement under Subsection
4949 (a)(2), the court shall consider the specific circumstances of the
5050 mother's gestation, delivery, and any other relevant factor in
5151 determining the amount constituting the equitable portion owed by
5252 the man under that provision.
5353 (c) Notwithstanding Section 157.261 or any other law,
5454 interest does not begin to accrue on a retroactive child support
5555 payment due under this section until the first anniversary of the
5656 date the judge renders the order establishing the man's paternity
5757 or the man executes a valid acknowledgment of paternity with
5858 respect to the child, as applicable.
5959 SECTION 2. Section 160.636(g), Family Code, is amended to
6060 read as follows:
6161 (g) On a finding of parentage, the court shall [may] order
6262 retroactive child support as provided by Section 154.0091 [Chapter
6363 154 and, on a proper showing, order a party to pay an equitable
6464 portion of all of the prenatal and postnatal health care expenses of
6565 the mother and the child].
6666 SECTION 3. Section 160.636(h), Family Code, is repealed.
6767 SECTION 4. The changes in law made by this Act with respect
6868 to an order adjudicating paternity apply only to an order rendered
6969 on or after the effective date of this Act. An order adjudicating
7070 paternity rendered before the effective date of this Act is
7171 governed by the law in effect on the date the order is rendered, and
7272 the former law is continued in effect for that purpose.
7373 SECTION 5. The changes in law made by this Act with respect
7474 to an acknowledgment of paternity apply only to an acknowledgment
7575 of paternity executed on or after the effective date of this Act.
7676 An acknowledgment of paternity executed before the effective date
7777 of this Act is governed by the law in effect on the date the
7878 acknowledgment is executed, and the former law is continued in
7979 effect for that purpose.
8080 SECTION 6. This Act takes effect September 1, 2025.