CJ H.B. 1751 75(R)BILL ANALYSIS

JUVENILE JUSTICE & FAMILY ISSUES
H.B. 1751
By: West
4-17-97
Committee Report (Unamended)

BACKGROUND:

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 where the biological mother of the child is deceased.
Given the vast ramifications involved subsequent to the presumption of
paternity, some allowance should be provided in the best interest of the
child to close this loophole. 

PURPOSE

H.B. 1751 upon enactment 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. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Adds a category of persons within the second degree of
consanguinity to the deceased biological mother to the list of individuals
allowed to contest the presumption of paternity under Chapter 151.
Renumbers following subsections accordingly. 

SECTION 2.Adds a category of persons within the second degree of
consanguinity to the deceased biological mother to the list of individuals
allowed to file suit contesting paternity. Following subsections
renumbered accordingly. 

SECTION 3.Effective date: September 1, 1997.

SECTION 4.Emergency Clause.



CJ HB 1751 75(R)