1-1 By: Goodman (Senate Sponsor - Harris of Tarrant) H.B. No. 757
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 27, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; April 27, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the parties entitled to citation in a suit affecting
1-18 the parent-child relationship.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 11.09, Family Code, is amended by
1-21 amending Subsections (a) and (b) and adding Subsection (f) to read
1-22 as follows:
1-23 (a) Except as provided in Subsection (b) of this section,
1-24 the following persons are entitled to service of citation on the
1-25 filing of a petition in a suit affecting the parent-child
1-26 relationship:
1-27 (1) the managing conservator, if any;
1-28 (2) possessory conservators, if any;
1-29 (3) persons, if any, having access to the child under
1-30 an order of the court;
1-31 (4) persons, if any, required by law or by order of a
1-32 court to provide for the support of a child;
1-33 (5) the guardian of the person of the child, if any;
1-34 (6) the guardian of the estate of the child, if any;
1-35 (7) each parent as to whom the parent-child
1-36 relationship has not been terminated or process has not been waived
1-37 under Section 15.03(c)(2) of this code; and
1-38 (8) the alleged father or probable father, unless
1-39 there is attached to the petition an affidavit of waiver of
1-40 interest in a child executed by the alleged father or probable
1-41 father as provided in Section 15.041 of this code<, or unless the
1-42 petition states that the identity of the father is unknown; and>
1-43 <(9) the attorney general, if the petition seeks to
1-44 establish, modify, or enforce any support right assigned to the
1-45 attorney general under Chapter 76, Human Resources Code>.
1-46 (b) Service of citation may be given to any other person who
1-47 has or who may assert an interest in the child and shall <may> be
1-48 given to an <the> unknown father of a child who has no presumed
1-49 father.
1-50 (f) If the petition seeks to establish, modify, or enforce
1-51 any support right assigned to the attorney general under Chapter
1-52 76, Human Resources Code, notice shall be given to the attorney
1-53 general in a manner provided by Rule 21a, Texas Rules of Civil
1-54 Procedure.
1-55 SECTION 2. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 April 27, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Jurisprudence to which was referred H.B.
2-2 No. 757, have had the same under consideration, and I am instructed
2-3 to report it back to the Senate with the recommendation that it do
2-4 pass and be printed.
2-5 Henderson,
2-6 Chairman
2-7 * * * * *
2-8 WITNESSES
2-9 FOR AGAINST ON
2-10 ___________________________________________________________________
2-11 Name: Shannon Noble x
2-12 Representing: TX Women's Pol. Caucus
2-13 City: Austin
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