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.