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)