SRC-SLL H.B. 1091 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1091
By: Goodman (Zaffirini)
Jurisprudence
5-2-97
Engrossed


DIGEST 

In 1996, 862 adoptions were consummated in Texas.  As of August 31, 1996,
1,400 children were legally free for adoption and in Texas Department of
Protective and Regulatory Services (department) foster care.  Before an
adoption can take place, the parental rights of the biological parents
must be terminated, which involves the final, irreversible severance of
all legal rights and duties between the parents and the children.  Chapter
161 of the Family Code governs the termination of parental rights by the
state.  Chapter 162 of the Family Code governs the adoption process
whereby the biological parents of a child are replaced by adoptive legal
parents.  This bill will provide additional regulations regarding the
parent-child relationship, including suits affecting the parent-child
relationship, the establishment of paternity, the termination of the
parent-child relationship, and the adoption of children; providing
penalties. 

PURPOSE

As proposed, H.B. 1091 provides additional regulations regarding the
parent-child relationship, including suits affecting the parent-child
relationship, the establishment of paternity, the termination of the
parent-child relationship, and the adoption of children; provides
penalties. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTIONS
24 and 27 (Sections 162.408 and 162.420(a), Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 102.009(a), Family Code, to provide that an
alleged father, unless the the petitioner has complied with the provisions
of Section 161.002(b)(2) or (b)(3), and a man who has filed a notice of
intent to claim paternity as provided by Chapter 160D are entitled to
service of citation on the filing of a petition in an original suit.
Makes conforming changes.  

SECTION 2. Amends Section 102.011(b), Family Code, to authorize the court
to exercise personal jurisdiction over a person on whom service of
citation is required or over the person's personal representative,
although the person is not a resident or domiciliary of this state, if the
person registered with the paternity registry maintained by the bureau of
vital statistics (bureau) as provided by Chapter 160. 

SECTION 3. Amends Section 103.001, Family Code, by amending Subsection (c)
and adding Subsection (d), to provide that a child resides in the county
where the child's parents have resided for not less than 90 days, or the
child's parent has resided for not less than 90 days, if only one parent
is living.  Provides that, if a person whose residence is used to
establish the residence of a child under Subsection (c) has not resided
continuously for 90 days in a single county during the preceding year, the
county in which the child resides is the county in which the person has
resided for the longest period during the preceding year.  Makes
conforming changes. 

SECTION 4. Amends Section 107.013, Family Code, to require the court to
appoint an attorney ad litem, in a suit in which termination of the
parent-child relationship is requested, to represent the interests of a
parent served by citation by publication; an alleged father who failed to
register with the registry under Chapter 160D, and whose identity or
location is unknown; and an alleged father  who registered with the
paternity registry under Chapter 160D, but the petitioner's attempt to
personally serve citation at the address provided to the registry and at
any other address for the alleged father known by the petitioner has been
unsuccessful.  Authorizes the court, if both parents of the child are
entitled to the appointment of an attorney ad litem under this section and
the court finds that the interests of the parents are not in conflict, to
appoint a single attorney ad litem to represent the interests of both
parents. 

SECTION 5. Amends Section 153.434, Family Code, to prohibit a biological
or adoptive grandparent from requesting possession of or access to a
grandchild if the grandparent is a parent of a person who has executed an
affidavit of waiver of interest in the child or an affidavit of
relinquishment of parental rights under Chapter 161 and the affidavit
designates an authorized agency, licensed child-placing agency, or person
other than the child's stepparent as the managing conservator of the
child, among other requirements.  Makes conforming changes. 

SECTION 6. Amends Section 159.201, Family Code, to make a conforming
change. 

SECTION 7. Amends Chapter 160, Family Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  PATERNITY REGISTRY

Sec.  160.251.  PATERNITY REGISTRY; PURPOSE.  Requires the bureau of to
establish a paternity registry.  Sets forth the purpose of the registry.
Provides that the registry does not relieve a mother of the obligation to
identify the known father of her child.  Provides that a man is not
required to register with the registry under certain conditions. 

Sec.  160.252.  REQUIRED INFORMATION.  Sets forth information required to
be provided by a man registering with the registry. 

Sec.  160.253.  INFORMATION MAINTAINED BY REGISTRY.  Sets forth
regulations regarding information maintained by the registry.   

Sec.  160.254.  KNOWLEDGE OF PREGNANCY.  Provides that a person who has
sexual intercourse with a person of the opposite sex is deemed to have
knowledge that sexual intercourse can result in the woman's pregnancy.
Requires a man who claims to be the father of a child to file a notice of
intent to assert as provided by this subchapter his right to establish
paternity of a child that may result from the sexual intercourse except as
provided by this subchapter.  Provides that ignorance of a pregnancy is
not a sufficient reason for failing to register with the registry to claim
paternity of the child born of the pregnancy. 

Sec.  160.255.  FURNISHING OF REGISTRY INFORMATION; CONFIDENTIALITY;
OFFENSE.  Sets forth regulations regarding the furnishing of registry
information to the mother and the confidentiality of information contained
in the registry.  Provides that a person commits a Class B misdemeanor if
the person intentionally or unlawfully releases information for the
registry to the public or makes any unlawful use of the information in
violation of this subchapter. 

Sec.  160.256.  NOTICE OF INTENT TO CLAIM PATERNITY.  Sets forth
regulations regarding the notice of intent to claim paternity.  

Sec.  160.257.  DENIAL OF REGISTRANT'S PATERNITY; NOTIFICATION.  Sets
forth regulations regarding denial by a mother of a registrant's paternity
and notification. 

Sec.  160.258.  EFFECT OF FAILURE TO FILE NOTICE OF INTENT.  Sets forth
the effect of a failure to file notice of intent. 

Sec.  160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.  Sets forth
regulations regarding a change in or revocation of registry information. 

Sec.  160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.  Sets forth
regulations regarding the furnishing of a certificate regarding the result
of a registry search by the bureau. 

Sec.  160.261.  REMOVAL OF REGISTRANT'S NAME.  Sets forth regulations
regarding the removal of a registrant's name from the registry. 

Sec.  160.262.  REGISTRY FEES.  Sets forth regulations regarding fees
charged by the bureau. 

Sec.  160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY REGISTRY. Sets
forth the admissibility of information maintained by the registry. 

SECTION 8. Amends Section 161.002, Family Code, by amending Subsection (b)
and adding Subsections (c)-(f), to authorize the rights of an alleged
biological father to be terminated under certain conditions.  Sets forth
regulations regarding service of citation and the termination of parental
rights. 

SECTION 9. Amends Chapter 161A, Family Code, by adding Section 161.007, as
follows: 

Sec.  161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM CRIMINAL ACT.
Authorizes the court to order the termination of the parent-child
relationship of a parent and a child if the court makes certain findings. 

SECTION 10. Amends Section 161.103, Family Code, to require an affidavit
for voluntary relinquishment of parental rights to contain, if the
relinquishment is revocable, a statement in boldfaced type concerning the
right of the parent signing the affidavit to revoke the relinquishment
only if the revocation is made before the 11th day after the date the
affidavit is executed; if the relinquishment is revocable, the name and
address of a person to whom the revocation is to be delivered; and the
designation of certain persons as managing conservator of the child and
the address of the person or agency.  Authorizes the affidavit to contain
certain information.  Requires a copy of the affidavit to be provided to
the parent at the time the parent signs the affidavit.  Provides that a
relinquishment that failed to state that the relinquishment is irrevocable
for a stated time is revocable as provided by Section 161.1035.  Sets
forth regulations regarding revocation of a relinquishment. 

SECTION 11. Amends Chapter 161B, Family Code, by adding Section 161.1035,
as follows: 

Sec.  161.1035.  REVOCABILITY OF CERTAIN AFFIDAVITS.  Sets forth
regulations regarding the revocability of certain affidavits. 

SECTION 12. Amends Section 161.106, Family Code, by adding Subsections
(f)-(j), to set forth regulations regarding a waiver contained in an
affidavit.  Requires a copy of the affidavit to be provided to the person
who executed the affidavit at the time the person signs the affidavit.
Sets forth regulations for revocation of a waiver. 

SECTION 13. Amends Chapter 161B, Family Code, by adding Sections 161.108
and 161.109, as follows: 

Sec.  161.108.  RELEASE OF CHILD FROM HOSPITAL OR BIRTHING CENTER.  Sets
forth regulations regarding the release of a child from a hospital or
birthing center. 

Sec.  161.109.  REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.  Sets forth
regulations regarding a certificate issued by the registry stating that a
diligent search has been made of the paternity registry for the father. 

SECTION 14. Amends Chapter 162A, Family Code, by adding Section 162.0025,
as follows: 

Sec.  162.0025.  ADOPTIVE HOME SCREENING.  Sets forth regulations
regarding the screening of an adoptive home. 
 
SECTION 15. Amends Section 162.001, Family Code, to set forth regulations
regarding the adoption of children who are at least two years old. 

SECTION 16. Amends Chapter 162A, Family Code, by adding Section 162.0045,
as follows: 

Sec.  162.0045.  PREFERENTIAL SETTING.  Requires the court to grant a
motion for preferential setting for a final hearing on an adoption and to
give precedence to that hearing over all other civil cases not given
preference by other law under certain circumstances. 

SECTION 17. Amends Section 162.0085(a), Family Code, to require the court
to accept under this section a person's criminal history record
information that is provided by certain agencies if the information was
obtained not more than one year before the date the court ordered the
history to be obtained. 

SECTION 18. Amends Section 162.018, Family Code, by adding Subsection (d),
to require the court, at the time an adoption order is rendered, to
provide to the parents of an adopted child certain information.  Requires
the licensed child-placing agency to provide to each of the child's
biological parents known to the agency certain information.  Requires the
information to include the right of the child or biological parent to
refuse to participate in the registry.  Requires the court, if the adopted
child is 14 years old or older, to provide the information to the child. 

SECTION 19. Amends Section 162.025, Family Code, to delete a reference to
the facilitation of the placement of a child for adoption. 

SECTION 20. Amends Section 162.402, Family Code, to redefine "authorized
agency" and "central registry," and to define "bureau." 

SECTION 21. Amends Sections 162.403(a) and (c), Family Code, to require
the bureau, rather than the Department of Protective and Regulatory
Services (department), to establish and maintain a mutual consent
voluntary adoption registry.  Makes a conforming change.  

SECTION 22. Amends Chapter 162E, Family Code, by adding Section 162.404,
as follows: 

Sec.  162.404.  REQUIREMENT TO SEND INFORMATION TO CENTRAL REGISTRY. Sets
forth regulations regarding the requirement to send information to the
central registry. 

SECTION 23. Amends Sections 162.407(b) and (c), Family Code, to make
conforming and nonsubstantive changes. 

SECTION 24.  Amends Section 162.408, Family Code, to require the rules and
minimum standards of the Texas Board of Health for the bureau to provide
for proof of identity in order to facilitate certain objectives. 

SECTION 25. Amends Section 162.411(d), Family Code, to make a conforming
change. 

SECTION 26. Amends Section 162.414(c), Family Code, to make conforming
changes. 

SECTION 27. Amends Section 162.420, Family Code, to require the Texas
Board of Health, rather than the department, to make rules and adopt
minimum standards for the bureau.  Makes conforming changes. 

SECTION 28. Amends Section 162.421(a), Family Code, to make a conforming
change. 

SECTION 29. Amends Sections 162.422(a) and (b), Family Code, to make
conforming changes. 

SECTION 30. Amends Section 192.008(a), Health and Safety Code, to require
the supplementary birth certificate of an adopted child to be in the names
of the adoptive parents, one of whom must be a female, named as the
mother, and the other of whom must be a male, named as the father.
Provides that this subsection does not prohibit a single individual, male
or female, from adopting a child. 

SECTION 31. Amends Chapter 25, Penal Code, by adding Section 25.09, as
follows: 

Sec.  25.09.  ADVERTISING FOR PLACEMENT OF CHILD.  Sets forth regulations
regarding advertising for placement of a child.  Defines "child" and
"public media." 

SECTION 32. (a) Effective date: September 1, 1997.

(b)Makes application of this Act prospective, except for the transference
of the administration of the central voluntary adoption from the
Department of Protective and Regulatory Services to the bureau, which
takes effect January 1, 1998. 

SECTION 33. Emergency clause.