By Combs, Goodman H.B. No. 2134
74R6969 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a paternity registry in the bureau
1-3 of vital statistics; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Family Code is amended by adding a Subchapter
1-6 D of Chapter 160 to read as follows:
1-7 SUBCHAPTER D. PATERNITY REGISTRY
1-8 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
1-9 of vital statistics shall establish a paternity registry.
1-10 (b) The bureau of vital statistics shall administer the
1-11 registry to:
1-12 (1) protect the parental rights of fathers who
1-13 affirmatively assume responsibility for children they may have
1-14 fathered; and
1-15 (2) expedite adoptions of children whose biological
1-16 fathers are unwilling to assume responsibility for their children
1-17 by registering with the registry or otherwise acknowledging their
1-18 children.
1-19 (c) The registry does not relieve a mother of the obligation
1-20 to identify the known father of her child.
1-21 (d) A man presumed to be the biological father of a child
1-22 under Section 151.002 is not required to register with the
1-23 paternity registry to assert any right in a matter affecting the
1-24 parent-child relationship.
2-1 Sec. 160.252. INFORMATION MAINTAINED BY REGISTRY. The
2-2 registry shall record the name, address, driver's license number,
2-3 and social security number of a man who:
2-4 (1) claims to be the father of a child whose paternity
2-5 has not been established by an order of a court of this state by
2-6 giving notice of intent to claim paternity, as provided by this
2-7 subchapter; or
2-8 (2) has been adjudicated by a court of another state
2-9 or territory of the United States to be the father of a child and
2-10 who files a certified copy of the court order with the registry.
2-11 Sec. 160.253. REQUIRED INFORMATION. A man registering with
2-12 the registry shall provide:
2-13 (1) the name, last known address, driver's license
2-14 number, and social security number, if known, of the mother of the
2-15 child;
2-16 (2) the name of the child and the location and date of
2-17 birth of the child, if known, or the probable month and year of the
2-18 expected birth of the child;
2-19 (3) the man's name, address, driver's license number,
2-20 and social security number; and
2-21 (4) a statement in which the man claims to be the
2-22 father of the child identified by the man.
2-23 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A man who has
2-24 sexual intercourse with a woman is deemed to have knowledge that
2-25 sexual intercourse can result in the woman's pregnancy and shall
2-26 file a notice of intent to claim paternity as provided by this
2-27 subchapter to assert his right to establish paternity of a child
3-1 that may result from the sexual intercourse.
3-2 (b) Ignorance of a pregnancy is not a sufficient reason for
3-3 failing to register with the registry to claim paternity of the
3-4 child born of the pregnancy.
3-5 (c) Misrepresentation by the mother or another person
3-6 concerning the facts of the pregnancy, including the identity of
3-7 the father, is not a sufficient reason for failing to register with
3-8 the registry to claim paternity of the child born of the pregnancy.
3-9 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
3-10 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
3-11 provided, the registry shall send a copy of the notice of intent to
3-12 claim paternity to the mother as notification that a man has
3-13 registered with the paternity registry claiming to be the father of
3-14 the mother's child.
3-15 (b) Information contained in the registry is confidential
3-16 and may be released on request only to:
3-17 (1) a court;
3-18 (2) the mother of a child;
3-19 (3) an authorized agency;
3-20 (4) a licensed child-placing agency;
3-21 (5) an attorney at law in this state who is
3-22 participating or assisting in an adoption of the child that the
3-23 registrant claims to have fathered; or
3-24 (6) any other person or entity the bureau of vital
3-25 statistics considers to have a legitimate interest in the
3-26 information.
3-27 (c) The registry shall furnish registry information by
4-1 electronic data exchange or any other means to the state's Title
4-2 IV-D agency and the Department of Protective and Regulatory
4-3 Services.
4-4 (d) A person commits an offense if the person intentionally
4-5 and unlawfully releases information from the registry to the public
4-6 or makes any other unlawful use of the information in violation of
4-7 this subchapter. An offense under this subsection is a Class B
4-8 misdemeanor.
4-9 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
4-10 Except as provided by Subsection (e), a person may register as
4-11 provided by this subchapter by filing a notice of intent to claim
4-12 paternity on a form provided by the bureau of vital statistics.
4-13 This form shall be signed and acknowledged before a notary public.
4-14 (b) The bureau shall make registration forms available to
4-15 all:
4-16 (1) hospitals and other birthing places in this state;
4-17 (2) licensed child-placing agencies;
4-18 (3) county and district clerks;
4-19 (4) municipal clerks;
4-20 (5) justices of the peace;
4-21 (6) jails;
4-22 (7) prisons; and
4-23 (8) facilities of the Texas Department of Criminal
4-24 Justice and Texas Youth Commission.
4-25 (c) A notice of intent to claim paternity may be filed
4-26 before the birth of the child but may not be filed after the 30th
4-27 day after the date of birth of the child.
5-1 (d) A person may not register to claim paternity of a child
5-2 if the parent-child relationship of the person and the child is
5-3 terminated by a judgment that has become final.
5-4 (e) If the bureau of vital statistics has received from the
5-5 clerk of the court notice of a decree terminating the parent-child
5-6 relationship between the person applying to register and the child,
5-7 the bureau shall notify the person that the person's parent-child
5-8 relationship with the child has been terminated and may not enter
5-9 into the registry a notice of intent to claim paternity filed by
5-10 the person.
5-11 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
5-12 NOTIFICATION. (a) Not later than the 30th day after the date of
5-13 the receipt of notification from the bureau of vital statistics
5-14 that a notice of intent to claim paternity has been filed, the
5-15 mother of the child may deny the registrant's claim of paternity on
5-16 a form provided by the bureau and signed and acknowledged before a
5-17 notary public.
5-18 (b) If the mother denies that the registrant is the father
5-19 of the child, the bureau of vital statistics shall immediately
5-20 notify the registrant of the denial and of the registrant's right
5-21 to file a legal action to establish paternity.
5-22 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
5-23 (a) If a man fails to file a notice of intent to claim paternity
5-24 before the 30th day after the date of the birth of the child, the
5-25 person may not assert any interest in the child with respect to the
5-26 adoption of the child, the termination of parental rights, or the
5-27 establishment of paternity after the filing of a suit for
6-1 termination of the man's parental rights or for the adoption of the
6-2 child unless the person proves by clear and convincing evidence
6-3 that:
6-4 (1) it was not possible to file a notice of intent to
6-5 claim paternity within the prescribed period of time; and
6-6 (2) a notice of intent to claim paternity was filed
6-7 before the 30th day after the date it became possible to file the
6-8 notice.
6-9 (b) Ignorance of a pregnancy or of the birth or survival of
6-10 a child does not constitute an affirmative defense to the failure
6-11 to file a notice of intent to claim paternity of a child.
6-12 (c) Misrepresentation by a mother or another person
6-13 concerning the facts of a pregnancy, including the identity of the
6-14 father, is not an excuse for failing to file a notice of intent to
6-15 claim paternity of a child.
6-16 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
6-17 (a) A man who files a notice of intent to claim paternity with the
6-18 registry shall promptly notify the registry in writing of any
6-19 change in the information, including a change of address.
6-20 (b) A man who files a notice of intent to claim paternity
6-21 may at any time revoke the notice by sending the registry a written
6-22 statement signed and acknowledged by the registrant before a notary
6-23 public. The statement must include a declaration that, to the best
6-24 of the registrant's knowledge and belief:
6-25 (1) the registrant is not the father of the named
6-26 child; or
6-27 (2) a court has adjudicated paternity and a person
7-1 other than the registrant has been determined to be the father of
7-2 the child.
7-3 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
7-4 On request, the bureau of vital statistics shall furnish a
7-5 certificate, signed by the state registrar of vital statistics,
7-6 attesting to the results of a search of the registry regarding a
7-7 notice of intent to claim paternity to:
7-8 (1) a court;
7-9 (2) the mother of a child;
7-10 (3) an authorized agency;
7-11 (4) a licensed child-placing agency;
7-12 (5) an attorney licensed to practice law in this state
7-13 who is participating or assisting in an adoption; or
7-14 (6) any other person or entity the bureau of vital
7-15 statistics considers to have a legitimate interest in the
7-16 information.
7-17 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
7-18 determines that a registrant is not the father of the child, the
7-19 court shall order the bureau of vital statistics to remove the
7-20 registrant's name from the registry. On receipt of an order for
7-21 the removal of a registrant's name, the bureau of vital statistics
7-22 shall remove the name from the registry.
7-23 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
7-24 for filing with the registry a notice of intent to claim paternity
7-25 of a child or a denial of a registrant's paternity.
7-26 (b) The Texas Department of Health may charge a fee for
7-27 processing a search of the paternity registry and for furnishing a
8-1 certificate under Section 160.260.
8-2 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
8-3 REGISTRY. Information maintained by the paternity registry is
8-4 admissible in a proceeding in a court or administrative tribunal of
8-5 this state for any purpose, including for the establishment of the
8-6 registrant's paternity or an action to terminate parental rights.
8-7 SECTION 2. The Family Code is amended by adding Section
8-8 102.011(b) to read as follows:
8-9 (b) The court may also exercise personal jurisdiction over a
8-10 person on whom service of citation is required or over the person's
8-11 personal representative, although the person is not a resident or
8-12 domiciliary of this state, if:
8-13 (1) the person is personally served with citation in
8-14 this state;
8-15 (2) the person submits to the jurisdiction of this
8-16 state by consent, by entering a general appearance, or by filing a
8-17 responsive document having the effect of waiving any contest to
8-18 personal jurisdiction;
8-19 (3) the child resides in this state as a result of the
8-20 acts or directives of the person;
8-21 (4) the person resided with the child in this state;
8-22 (5) the person resided in this state and provided
8-23 prenatal expenses or support for the child;
8-24 (6) the person engaged in sexual intercourse in this
8-25 state and the child may have been conceived by that act of
8-26 intercourse;
8-27 (7) the person registered with the paternity registry
9-1 maintained by the bureau of vital statistics as provided by Chapter
9-2 160; or
9-3 (8) there is any basis consistent with the
9-4 constitutions of this state and the United States for the exercise
9-5 of the personal jurisdiction.
9-6 SECTION 3. The Family Code is amended by adding Section
9-7 161.002(b) to read as follows:
9-8 (b) The rights of an alleged biological father may be
9-9 terminated if:
9-10 (1) after being served with citation, he does not
9-11 respond by timely filing an admission of paternity or a
9-12 counterclaim for paternity under Chapter 159 prior to the final
9-13 hearing in the suit; or
9-14 (2) he has not registered with the paternity registry
9-15 under Subchapter D, Chapter 160.
9-16 SECTION 4. The Family Code is amended by adding Section
9-17 161.108 to read as follows:
9-18 Sec. 161.108. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
9-19 (a) If an affidavit of status of child as provided by this chapter
9-20 states that the father of the child is unknown and no probable
9-21 father is known, a certificate from the bureau of vital statistics
9-22 signed by the registrar that a diligent search has been made of the
9-23 paternity registry maintained by the bureau and that a registration
9-24 has not been found pertaining to the father of the child in
9-25 question must be filed with the court before a trial on the merits
9-26 in the suit for termination may be held.
9-27 (b) In a proceeding to terminate parental rights in which
10-1 the alleged or probable father has not signed an affidavit of
10-2 relinquishment or an affidavit of waiver of interest, the court may
10-3 not terminate the parental rights of the alleged or probable
10-4 father, whether known or unknown, unless a certificate from the
10-5 bureau of vital statistics signed by the registrar states that a
10-6 diligent search has been made of the paternity registry maintained
10-7 by the bureau and that a filing or registration has not been found
10-8 pertaining to the father of the child in question.
10-9 SECTION 5. The Family Code is amended by adding Section
10-10 162.012(a) to read as follows:
10-11 (a) The validity of an adoption order is not subject to
10-12 attack after the sixth month after the date the order was rendered.
10-13 SECTION 6. This Act takes effect only if the 74th
10-14 Legislature, at its regular session, enacts House Bill 655 and that
10-15 bill becomes law. If that legislation does not become law, this
10-16 Act has no effect.
10-17 SECTION 7. This Act takes effect September 1, 1995, and
10-18 applies only to a suit affecting the parent-child relationship
10-19 commenced on or after that date. A suit affecting the parent-child
10-20 relationship commenced before that date is governed by the law in
10-21 effect at the time the suit was commenced, and the former law is
10-22 continued in effect for that purpose.
10-23 SECTION 8. The importance of this legislation and the
10-24 crowded condition of the calendars in both houses create an
10-25 emergency and an imperative public necessity that the
10-26 constitutional rule requiring bills to be read on three several
10-27 days in each house be suspended, and this rule is hereby suspended.