By Goodman H.B. No. 757
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the parties entitled to citation in a suit affecting
1-3 the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.09, Family Code, is amended by
1-6 amending Subsections (a) and (b) and adding Subsection (f) to read
1-7 as follows:
1-8 (a) Except as provided in Subsection (b) of this section,
1-9 the following persons are entitled to service of citation on the
1-10 filing of a petition in a suit affecting the parent-child
1-11 relationship:
1-12 (1) the managing conservator, if any;
1-13 (2) possessory conservators, if any;
1-14 (3) persons, if any, having access to the child under
1-15 an order of the court;
1-16 (4) persons, if any, required by law or by order of a
1-17 court to provide for the support of a child;
1-18 (5) the guardian of the person of the child, if any;
1-19 (6) the guardian of the estate of the child, if any;
1-20 (7) each parent as to whom the parent-child
1-21 relationship has not been terminated or process has not been waived
1-22 under Section 15.03(c)(2) of this code; and
1-23 (8) the alleged father or probable father, unless
1-24 there is attached to the petition an affidavit of waiver of
2-1 interest in a child executed by the alleged father or probable
2-2 father as provided in Section 15.041 of this code<, or unless the
2-3 petition states that the identity of the father is unknown; and>
2-4 <(9) the attorney general, if the petition seeks to
2-5 establish, modify, or enforce any support right assigned to the
2-6 attorney general under Chapter 76, Human Resources Code>.
2-7 (b) Service of citation may be given to any other person who
2-8 has or who may assert an interest in the child and shall <may> be
2-9 given to an <the> unknown father of a child who has no presumed
2-10 father.
2-11 (f) If the petition seeks to establish, modify, or enforce
2-12 any support right assigned to the attorney general under Chapter
2-13 76, Human Resources Code, notice shall be given to the attorney
2-14 general in a manner provided by Rule 21a, Texas Rules of Civil
2-15 Procedure.
2-16 SECTION 2. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended,
2-21 and that this Act take effect and be in force from and after its
2-22 passage, and it is so enacted.