Relating to the failure to pay child support by certain biological fathers; creating a criminal offense.

89(R) HB 4492 - Introduced version - Bill Text

89R6954 KRM-F

By: Jones of Harris

H.B. No. 4492

A BILL TO BE ENTITLED

AN ACT

relating to the failure to pay child support by certain biological

fathers; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 157, Family Code, is amended by adding

Subchapter L to read as follows:

SUBCHAPTER L. CRIMINAL OFFENSE OF FAILURE TO PAY CHILD SUPPORT

Sec.

157.601.

APPLICABILITY. This subchapter applies only

to a biological father who fails to pay child support for a child

born to a mother who during the pregnancy was unable to access or

receive abortion services.

Sec.

157.602.

CRIMINAL OFFENSE: FAILURE TO PAY CHILD

SUPPORT. (a) A biological father described by Section 157.601

commits an offense if the father accrues child support arrearages

for a period of six months or longer.

(b)

An offense under Subsection (a) is a Class B misdemeanor

with a term of confinement of not less than 180 days, except that:

(1)

the offense is a Class A misdemeanor with a term of

confinement of not less than one year if the father has been

previously convicted one time of an offense under Subsection (a);

and

(2)

the offense is a state jail felony if the father

has been previously convicted two or more times of an offense under

Subsection (a).

(c)

If a father is convicted of an offense under this

section punishable as a Class B misdemeanor, the court may sentence

the defendant to a term of confinement of less than 180 days if the

defendant consents to undergo a voluntary vasectomy.

(d)

If a father is convicted of an offense under this

section punishable as a Class A misdemeanor, the court may sentence

the defendant to a term of confinement of less than one year if the

defendant has not previously undergone a voluntary vasectomy under

Subsection (c) and consents to undergo a voluntary vasectomy.

(e)

If conduct constituting an offense under Subsection (b)

also constitutes an offense under Section 25.05, Penal Code, or

another provision of law, the defendant may be prosecuted under

either or both laws.

Sec.

157.603.

AFFIRMATIVE DEFENSE. It is an affirmative

defense to prosecution under Section 157.602 that the biological

father supported the mother's efforts to access and receive

abortion services during the pregnancy.

SECTION 2. Subchapter L, Chapter 157, Family Code, as added

by this Act, applies only to child support arrearages that accrue on

or after the effective date of this Act. Child support arrearages

that accrue before the effective date of this Act are governed by

the law in effect immediately before the effective date of this Act,

and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.