SRC-HRD H.B. 1751 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1751
By: West (Bivins)
Jurisprudence
5-14-97
Engrossed


DIGEST 


Section 160.101, Family Code, enumerates the individuals and entities who
may presently contest the presumption that a man is the biological father
of a child under Chapter 151 (The Parent-Child Relationship) of the Family
Code.  Furthermore, Section 160.110(g) lists the individuals and entities
who may legally bring suit to contest the paternity of a child at any time
during the child's minority. With the exceptions of a governmental entity,
authorized agency, or licensed child-placing agency, no individual outside
the parental or presumed/alleged parental capacity may contest paternity.
While this is sufficient to ensure justice in almost all cases, it makes
no allowances whatsoever for those rare--but equally as crucial--instances
in which the biological mother of the child is deceased.  
H.B. 1751 would allow an individual related within the second degree of
consanguinity to the biological mother of the child to contest the
presumption of paternity, and file suit contesting paternity if and only
if the biological mother of the child is deceased.              

PURPOSE

As proposed, H.B. 1751 allows an individual related within the second
degree of consanguinity to the biological mother of the child to contest
the presumption of paternity, and file suit contesting paternity if and
only if the biological mother of the child is deceased.              

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 160.101(a), Family Code, to authorize the
presumption that a man is the biological father of a child under Chapter
151 to be contested by a person related within the second degree of
consanguinity to the biological mother of the child, if the biological
mother of the child is deceased.  Makes conforming changes. 

SECTION 2. Amends Section 160.110(g), Family Code, to make conforming
changes. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.