By Gray H.B. No. 1835
74R7121 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the determination of paternity of certain children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 12.02, Family Code, is amended to read as
1-5 follows:
1-6 Sec. 12.02. <PRESUMPTION OF> PATERNITY. (a) A man is
1-7 <presumed to be> the biological father of a child if:
1-8 (1) he and the child's biological mother are or have
1-9 been married to each other and the child is born during the
1-10 marriage or not more than 300 days after the date the marriage
1-11 terminated by death, annulment, divorce, or by having been declared
1-12 void;
1-13 (2) before the child's birth, he and the child's
1-14 biological mother attempted to marry each other by a marriage in
1-15 apparent compliance with law, although the attempted marriage is or
1-16 could be declared void, and the child is born during the attempted
1-17 marriage or not more than 300 days after the date the attempted
1-18 marriage terminated by death, annulment, divorce, or by having been
1-19 declared void;
1-20 (3) after the child's birth, he and the child's
1-21 biological mother have married or attempted to marry each other by
1-22 a marriage in apparent compliance with law, although the attempted
1-23 marriage is or could be declared void or voided by annulment, and:
1-24 (A) he has filed a written acknowledgment of his
2-1 paternity of the child under Chapter 13 of this code;
2-2 (B) he consents in writing to be named and is
2-3 named as the child's father on the child's birth certificate; or
2-4 (C) he is obligated to support the child under a
2-5 written voluntary promise or by court order;
2-6 (4) without attempting to marry the mother, he
2-7 consents in writing to be named as the child's father on the
2-8 child's birth certificate; or
2-9 (5) before the child reaches the age of majority, he
2-10 receives the child into his home and openly holds out the child as
2-11 his biological child.
2-12 (b) Subsection (a) does not apply if a voluntary
2-13 acknowledgment of paternity under Chapter 13 is executed by a man
2-14 other than a man described under Subsection (a) as the biological
2-15 father of a child or if another person challenges the paternity of
2-16 a man described under Subsection (a) as the biological father of a
2-17 child <A presumption under this section may be rebutted only by
2-18 clear and convincing evidence. If two or more presumptions arise
2-19 that conflict, the presumption that is founded on the weightier
2-20 considerations of policy and logic controls. The presumption is
2-21 rebutted by a court decree establishing paternity of the child by
2-22 another man>.
2-23 SECTION 2. Section 11.01(3), Family Code, is amended to read
2-24 as follows:
2-25 (3) "Parent" means the mother, a man who is <presumed
2-26 to be> the biological father under Section 12.02 or a man who has
2-27 been adjudicated to be the biological father by a court of
3-1 competent jurisdiction, or an adoptive mother or father, but does
3-2 not include a parent as to whom the parent-child relationship has
3-3 been terminated.
3-4 SECTION 3. Section 11.03(a), Family Code, is amended to read
3-5 as follows:
3-6 (a) An original suit affecting the parent-child relationship
3-7 may be brought at any time by:
3-8 (1) a parent of the child;
3-9 (2) the child (through a representative authorized by
3-10 the court);
3-11 (3) a custodian or person having rights of visitation
3-12 with or access to the child appointed by an order of a court of
3-13 another state or country or by a court of this state before January
3-14 1, 1974;
3-15 (4) a guardian of the person or of the estate of the
3-16 child;
3-17 (5) a governmental entity;
3-18 (6) any authorized agency;
3-19 (7) a man alleging himself to be the biological father
3-20 of a child who has no <presumed> father under Section 12.02 of this
3-21 code filing in accordance with Chapter 13 of this code, but not
3-22 otherwise;
3-23 (8) a person who has had actual possession and control
3-24 of the child for at least six months immediately preceding the
3-25 filing of the petition;
3-26 (9) a person designated as the managing conservator in
3-27 a revoked or unrevoked affidavit of relinquishment under Section
4-1 15.03 of this code or to whom consent to adoption has been given in
4-2 writing under Section 16.05 of this code; or
4-3 (10) a person with whom the child and the child's
4-4 guardian, managing conservator, or parent have resided for at least
4-5 six months immediately preceding the filing of the petition and the
4-6 child's guardian, managing conservator, or parent is deceased at
4-7 the time of the filing of the petition.
4-8 SECTION 4. Section 11.09(b), Family Code, is amended to read
4-9 as follows:
4-10 (b) Service of citation may be given to any other person who
4-11 has or who may assert an interest in the child and shall be given
4-12 to an unknown father of a child who has no <presumed> father under
4-13 Section 12.02.
4-14 SECTION 5. Sections 12.06(a) and (c), Family Code, are
4-15 amended to read as follows:
4-16 (a) In any suit affecting the parent-child relationship, a
4-17 man who is a <presumed> father under Section 12.02 <12.02(a)> of
4-18 this code, the biological mother, or a governmental entity is
4-19 entitled to deny any person's <presumed father's> paternity of the
4-20 child. The question of paternity under this section must be raised
4-21 by an express statement denying paternity of the child in a party's
4-22 pleadings in the suit, without regard to whether the <presumed>
4-23 father under Section 12.02 or biological mother is a petitioner or
4-24 respondent.
4-25 (c) <In any suit in which a question of paternity is raised
4-26 under this section, the party denying the presumed father's
4-27 paternity of the child has the burden of rebutting the presumption
5-1 of paternity as provided in this code.> An order for temporary
5-2 child support, conservatorship, or other relief entered under
5-3 Section 11.11 of this code is valid and enforceable unless
5-4 superseded by a final decree finding nonpaternity of the person who
5-5 is a <presumed> father under Section 12.02 of this code.
5-6 SECTION 6. Section 13.21, Family Code, is amended to read as
5-7 follows:
5-8 Sec. 13.21. Voluntary Paternity. (a) A man who executes a
5-9 statement of paternity that is not challenged by the mother of the
5-10 child is the father and a parent of the child and further judicial
5-11 action is unnecessary.
5-12 (b) If a statement of paternity has been executed by a man
5-13 claiming to be the biological father of a child and a challenge of
5-14 the man's paternity of the child is raised <who has no presumed
5-15 father>, he, the mother of the child, or the child through a
5-16 representative authorized by the court or a governmental entity may
5-17 file a petition for a decree adjudicating him as a parent of the
5-18 child. The statement of paternity must be attached to the
5-19 petition.
5-20 (c) <(b)> The court shall enter a decree adjudicating the
5-21 child to be the biological child of its father and the father to be
5-22 a parent of the child if the court finds after the father's
5-23 paternity is challenged that the statement of paternity was
5-24 executed as provided in this chapter, and the facts stated therein
5-25 are true.
5-26 (d) <(c)> If the paternity of the child is uncertain or is
5-27 disputed by any party in a suit filed under this subchapter, the
6-1 provisions of Sections 13.02 through 13.07 of this code shall
6-2 apply.
6-3 (e) <(d)> A suit for voluntary paternity may be joined with
6-4 a suit for termination under Chapter 15 of this code.
6-5 (f) <(e)> A suit under this section may be instituted at any
6-6 time.
6-7 SECTION 7. Section 14.802(c), Family Code, is amended to
6-8 read as follows:
6-9 (c) In a child support review under this subchapter, a child
6-10 support agency may issue an administrative subpoena to a parent, a
6-11 person <presumed or> alleged to be the father of a child for whom
6-12 support is sought, or any individual or organization believed to
6-13 have information on the financial resources of the parent <or
6-14 presumed> or alleged father.
6-15 SECTION 8. Section 14.803(a), Family Code, is amended to
6-16 read as follows:
6-17 (a) A child support agency may review and assess the
6-18 financial resources of the child's parents or of a person <presumed
6-19 or> alleged to be the child's father from whom child support is
6-20 sought to determine the resources that are available for the
6-21 support of the child and to determine what action is appropriate.
6-22 The child support agency shall notify the parents of a child and
6-23 the <presumed or> alleged father of a child of a child support
6-24 review by delivering to the person a notice of child support
6-25 review.
6-26 SECTION 9. Sections 14.808(c) and (e), Family Code, are
6-27 amended to read as follows:
7-1 (c) If a party denies that the alleged father is the child's
7-2 biological father <or, in the case of a presumed father, if either
7-3 party files a verified denial of paternity>, the child support
7-4 agency may schedule paternity testing.
7-5 (e) If the results of paternity testing exclude the alleged
7-6 <or presumed> father from being the biological father of the child,
7-7 the child support agency shall issue a child support review order
7-8 that declares that the alleged <or presumed> father is not the
7-9 father of the child. Any party may file a petition for
7-10 confirmation of a child support review order issued under this
7-11 subsection.
7-12 SECTION 10. Section 15.023, Family Code, is amended to read
7-13 as follows:
7-14 Sec. 15.023. Involuntary Termination of the Rights of an
7-15 Alleged or Probable Father. The procedural and substantive
7-16 standards for termination of parental rights under Title 2 of this
7-17 code shall apply to the termination of the rights of an alleged or
7-18 probable father with respect to a child who has no <presumed>
7-19 father under Section 12.02 of this code. In addition, the rights
7-20 of an alleged or probable father with respect to a child who has no
7-21 <presumed> father under Section 12.02 of this code may also be
7-22 terminated if, after being served with citation in a suit affecting
7-23 the parent-child relationship, the alleged or probable father does
7-24 not respond by timely filing an admission of paternity or by filing
7-25 a counterclaim for paternity or for voluntary paternity to be
7-26 adjudicated under Chapter 13 of this code prior to the final
7-27 hearing in the suit.
8-1 SECTION 11. Section 15.03(b), Family Code, is amended to
8-2 read as follows:
8-3 (b) The affidavit must contain:
8-4 (1) the name, address, and age of the parent whose
8-5 parental rights are being relinquished;
8-6 (2) the name, age, and birthdate of the child;
8-7 (3) the names and addresses of the guardians of the
8-8 person and estate of the child, if any;
8-9 (4) a statement that the affiant is or is not
8-10 presently obligated by court order to make payments for the support
8-11 of the child;
8-12 (5) a full description and statement of value of all
8-13 property owned or possessed by the child;
8-14 (6) allegations that termination of the parent-child
8-15 relationship is in the best interest of the child;
8-16 (7) one of the following, as applicable:
8-17 (A) the name and address of the other parent;
8-18 (B) a statement that the parental rights of the
8-19 other parent have been terminated by death or court order; or
8-20 (C) a statement that the child has no <presumed>
8-21 father under Section 12.02 of this code and that an affidavit of
8-22 status of child has been executed as provided by Section 15.04 of
8-23 this code;
8-24 (8) a statement that the parent has been informed of
8-25 his parental rights, powers, duties, and privileges; and
8-26 (9) a statement that the relinquishment is revocable,
8-27 or that the relinquishment is irrevocable, or that the
9-1 relinquishment is irrevocable for a stated period of time.
9-2 SECTION 12. Section 15.04(a), Family Code, is amended to
9-3 read as follows:
9-4 (a) If the child has no <presumed> father under Section
9-5 12.02, an affidavit shall be executed by the mother, whether or not
9-6 a minor, witnessed by two credible persons, and verified before any
9-7 person authorized to take oaths.
9-8 SECTION 13. Section 41.001(a), Human Resources Code, is
9-9 amended to read as follows:
9-10 (a) The department shall promote the enforcement of all laws
9-11 for the protection of dependent, neglected, and delinquent children
9-12 and children who have no <presumed> father under Section 12.02,
9-13 Family Code, and shall take the initiative in all matters involving
9-14 the interests of these children where adequate provision for them
9-15 has not already been made.
9-16 SECTION 14. Section 76.006(a), Human Resources Code, is
9-17 amended to read as follows:
9-18 (a) Except as provided in Subsection (c), all files and
9-19 records of services provided under this chapter, including
9-20 information concerning a custodial parent, noncustodial parent,
9-21 child, and an alleged <or presumed> father, are confidential.
9-22 SECTION 15. Sections 192.005(b) and (c), Health and Safety
9-23 Code, are amended to read as follows:
9-24 (b) The father of a child who has no <presumed> father under
9-25 Section 12.02, Family Code, may acknowledge paternity by signing
9-26 the certificate of birth or may acknowledge paternity in accordance
9-27 with Section 13.22, Family Code.
10-1 (c) A person may apply to the state registrar for the
10-2 removal of any indication of the absence of paternity of a child
10-3 who has no <presumed> father under Section 12.02, Family Code, from
10-4 the person's birth record.
10-5 SECTION 16. Section 3(b), Texas Probate Code, is amended to
10-6 read as follows:
10-7 (b) "Child" includes an adopted child, whether adopted
10-8 by any existing or former statutory procedure or by acts of
10-9 estoppel, but, unless expressly so stated herein, does not include
10-10 a child who has no <presumed> father under Section 12.02, Family
10-11 Code.
10-12 SECTION 17. Section 42(b), Texas Probate Code, is amended to
10-13 read as follows:
10-14 (b) Paternal Inheritance. (1) For the purpose of
10-15 inheritance, a child is the child of his biological father if the
10-16 child is born under circumstances described by Section 12.02,
10-17 Family Code, is adjudicated to be the child of the father by court
10-18 decree as provided by Chapter 13, Family Code, was adopted by his
10-19 father, or if the father executed a statement of paternity as
10-20 provided by Section 13.22, Family Code, or a like statement
10-21 properly executed in another jurisdiction, so that he and his issue
10-22 shall inherit from his father and from his paternal kindred, both
10-23 descendants, ascendants, and collaterals in all degrees, and they
10-24 may inherit from him and his issue. A person claiming to be a
10-25 biological child of the decedent, who is not <otherwise presumed to
10-26 be> a child of the decedent under Section 12.02, Family Code, or
10-27 claiming inheritance through a biological child of the decedent,
11-1 who is not otherwise <presumed to be> a child of the decedent, may
11-2 petition the probate court for a determination of right of
11-3 inheritance. If the court finds by clear and convincing evidence
11-4 that the purported father was the biological father of the child,
11-5 the child is treated as any other child of the decedent for the
11-6 purpose of inheritance and he and his issue may inherit from his
11-7 paternal kindred, both descendants, ascendants, and collaterals in
11-8 all degrees, and they may inherit from him and his issue. This
11-9 section does not permit inheritance by a purported father of a
11-10 child, whether recognized or not, if the purported father's
11-11 parental rights have been terminated.
11-12 (2) A person who purchases for valuable consideration any
11-13 interest in real or personal property of the heirs of a decedent,
11-14 who in good faith relies on the declarations in an affidavit of
11-15 heirship that does not include a child who at the time of the sale
11-16 or contract of sale of the property is not a <presumed> child of
11-17 the decedent under Section 12.02, Family Code, and has not under a
11-18 final court decree or judgment been found to be entitled to
11-19 treatment under this subsection as a child of the decedent, and who
11-20 is without knowledge of the claim of that child, acquires good
11-21 title to the interest that the person would have received, as
11-22 purchaser, in the absence of any claim of the child not included in
11-23 the affidavit. This subdivision does not affect the liability, if
11-24 any, of the heirs for the proceeds of any sale described by this
11-25 subdivision to the child who was not included in the affidavit of
11-26 heirship.
11-27 SECTION 18. This Act takes effect September 1, 1995, and
12-1 applies to the determination of the paternity of a child born on or
12-2 after that date. The paternity of a child born before the
12-3 effective date of this Act is determined according to the law in
12-4 effect on the date the child was born, and the former law is
12-5 continued in effect for that purpose.
12-6 SECTION 19. The importance of this legislation and the
12-7 crowded condition of the calendars in both houses create an
12-8 emergency and an imperative public necessity that the
12-9 constitutional rule requiring bills to be read on three several
12-10 days in each house be suspended, and this rule is hereby suspended.