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.