| 1 | 1 | | 89R6954 KRM-F |
|---|
| 2 | 2 | | By: Jones of Harris H.B. No. 4492 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the failure to pay child support by certain biological |
|---|
| 10 | 10 | | fathers; creating a criminal offense. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 157, Family Code, is amended by adding |
|---|
| 13 | 13 | | Subchapter L to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER L. CRIMINAL OFFENSE OF FAILURE TO PAY CHILD SUPPORT |
|---|
| 15 | 15 | | Sec. 157.601. APPLICABILITY. This subchapter applies only |
|---|
| 16 | 16 | | to a biological father who fails to pay child support for a child |
|---|
| 17 | 17 | | born to a mother who during the pregnancy was unable to access or |
|---|
| 18 | 18 | | receive abortion services. |
|---|
| 19 | 19 | | Sec. 157.602. CRIMINAL OFFENSE: FAILURE TO PAY CHILD |
|---|
| 20 | 20 | | SUPPORT. (a) A biological father described by Section 157.601 |
|---|
| 21 | 21 | | commits an offense if the father accrues child support arrearages |
|---|
| 22 | 22 | | for a period of six months or longer. |
|---|
| 23 | 23 | | (b) An offense under Subsection (a) is a Class B misdemeanor |
|---|
| 24 | 24 | | with a term of confinement of not less than 180 days, except that: |
|---|
| 25 | 25 | | (1) the offense is a Class A misdemeanor with a term of |
|---|
| 26 | 26 | | confinement of not less than one year if the father has been |
|---|
| 27 | 27 | | previously convicted one time of an offense under Subsection (a); |
|---|
| 28 | 28 | | and |
|---|
| 29 | 29 | | (2) the offense is a state jail felony if the father |
|---|
| 30 | 30 | | has been previously convicted two or more times of an offense under |
|---|
| 31 | 31 | | Subsection (a). |
|---|
| 32 | 32 | | (c) If a father is convicted of an offense under this |
|---|
| 33 | 33 | | section punishable as a Class B misdemeanor, the court may sentence |
|---|
| 34 | 34 | | the defendant to a term of confinement of less than 180 days if the |
|---|
| 35 | 35 | | defendant consents to undergo a voluntary vasectomy. |
|---|
| 36 | 36 | | (d) If a father is convicted of an offense under this |
|---|
| 37 | 37 | | section punishable as a Class A misdemeanor, the court may sentence |
|---|
| 38 | 38 | | the defendant to a term of confinement of less than one year if the |
|---|
| 39 | 39 | | defendant has not previously undergone a voluntary vasectomy under |
|---|
| 40 | 40 | | Subsection (c) and consents to undergo a voluntary vasectomy. |
|---|
| 41 | 41 | | (e) If conduct constituting an offense under Subsection (b) |
|---|
| 42 | 42 | | also constitutes an offense under Section 25.05, Penal Code, or |
|---|
| 43 | 43 | | another provision of law, the defendant may be prosecuted under |
|---|
| 44 | 44 | | either or both laws. |
|---|
| 45 | 45 | | Sec. 157.603. AFFIRMATIVE DEFENSE. It is an affirmative |
|---|
| 46 | 46 | | defense to prosecution under Section 157.602 that the biological |
|---|
| 47 | 47 | | father supported the mother's efforts to access and receive |
|---|
| 48 | 48 | | abortion services during the pregnancy. |
|---|
| 49 | 49 | | SECTION 2. Subchapter L, Chapter 157, Family Code, as added |
|---|
| 50 | 50 | | by this Act, applies only to child support arrearages that accrue on |
|---|
| 51 | 51 | | or after the effective date of this Act. Child support arrearages |
|---|
| 52 | 52 | | that accrue before the effective date of this Act are governed by |
|---|
| 53 | 53 | | the law in effect immediately before the effective date of this Act, |
|---|
| 54 | 54 | | and the former law is continued in effect for that purpose. |
|---|
| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|