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A BILL TO BE ENTITLED
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AN ACT
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relating to the termination of the parent-child relationship and |
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the duty to pay child support in circumstances involving mistaken |
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paternity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 161.005(e) and (i), Family Code, are |
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amended to read as follows: |
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(e) A petition under Subsection (c) must be filed not later |
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than the second [first] anniversary of the date on which the |
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petitioner becomes aware of the facts alleged in the petition |
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indicating that the petitioner is not the child's genetic father. |
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(i) An order under Subsection (h) terminating the |
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parent-child relationship ends the petitioner's obligation for |
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future support of the child as of the date the order is rendered, as |
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well as the obligation to pay interest that accrues after that date |
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on the basis of a child support arrearage or money judgment for a |
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child support arrearage existing on that date. The order does not |
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affect the petitioner's obligations for support of the child |
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incurred before that date [or the petitioner's obligation to pay
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interest that accrues after that date on the basis of child support
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arrearages existing on that date]. Those obligations are |
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enforceable until satisfied by any means available for the |
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enforcement of child support other than contempt. |
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SECTION 2. Section 161.005, Family Code, as amended by this |
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Act, applies only to a suit affecting the parent-child relationship |
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pending in a trial court on the effective date of this Act or filed |
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on or after that date. A suit affecting the parent-child |
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relationship in which a final order is rendered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |