By Jones of Lubbock                              H.B. No. 857

      75R3417 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.  Chapter 160, Family Code, is amended by adding

 1-6     Subchapter D 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 not be filed

4-26     after the end of the second trimester of the pregnancy of the

4-27     mother 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 third trimester of the pregnancy of the mother of the

5-25     child, the person may not assert any interest in the child with

5-26     respect to the adoption of the child, the termination of parental

5-27     rights, or the establishment of paternity after the filing of a

 6-1     suit for termination of the man's parental rights or for the

 6-2     adoption of the child.

 6-3           (b)  Ignorance of a pregnancy or of the birth or survival of

 6-4     a child does not constitute an affirmative defense to the failure

 6-5     to file a notice of intent to claim paternity of a child.

 6-6           (c)  Misrepresentation by a mother or another person

 6-7     concerning the facts of a pregnancy, including the identity of the

 6-8     father, is not an excuse for failing to file a notice of intent to

 6-9     claim paternity of a child.

6-10           Sec. 160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.

6-11     (a)  A man who files a notice of intent to claim paternity with the

6-12     registry shall promptly notify the registry in writing of any

6-13     change in the information, including a change of address.

6-14           (b)  A man who files a notice of intent to claim paternity

6-15     may at any time revoke the notice by sending the registry a written

6-16     statement signed and acknowledged by the registrant before a notary

6-17     public.  The statement must include a declaration that, to the best

6-18     of the registrant's knowledge and belief:

6-19                 (1)  the registrant is not the father of the named

6-20     child; or

6-21                 (2)  a court has adjudicated paternity and a person

6-22     other than the registrant has been determined to be the father of

6-23     the child.

6-24           Sec. 160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.

6-25     On request, the bureau of vital statistics shall furnish a

6-26     certificate, signed by the state registrar of vital statistics,

6-27     attesting to the results of a search of the registry regarding a

 7-1     notice of intent to claim paternity to:

 7-2                 (1)  a court;

 7-3                 (2)  the mother of a child;

 7-4                 (3)  an authorized agency;

 7-5                 (4)  a licensed child-placing agency;

 7-6                 (5)  an attorney licensed to practice law in this state

 7-7     who is participating or assisting in an adoption; or

 7-8                 (6)  any other person or entity the bureau of vital

 7-9     statistics considers to have a legitimate interest in the

7-10     information.

7-11           Sec. 160.261.  REMOVAL OF REGISTRANT'S NAME.  If a court

7-12     determines that a registrant is not the father of the child, the

7-13     court shall order the bureau of vital statistics to remove the

7-14     registrant's name from the registry.  On receipt of an order for

7-15     the removal of a registrant's name, the bureau of vital statistics

7-16     shall remove the name from the registry.

7-17           Sec. 160.262.  REGISTRY FEES.  (a)  A fee may not be charged

7-18     for filing with the registry a notice of intent to claim paternity

7-19     of a child or a denial of a registrant's paternity.

7-20           (b)  The Texas Department of Health may charge a fee for

7-21     processing a search of the paternity registry and for furnishing a

7-22     certificate under Section 160.260.

7-23           Sec. 160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY

7-24     REGISTRY.  Information maintained by the paternity registry is

7-25     admissible in a proceeding in a court or administrative tribunal of

7-26     this state for any purpose, including for the establishment of the

7-27     registrant's paternity or an action to terminate parental rights.

 8-1           SECTION 2.  Section 102.011(b), Family Code, is amended to

 8-2     read as follows:

 8-3           (b)  The court may also exercise personal jurisdiction over a

 8-4     person on whom service of citation is required or over the person's

 8-5     personal representative, although the person is not a resident or

 8-6     domiciliary of this state, if:

 8-7                 (1)  the person is personally served with citation in

 8-8     this state;

 8-9                 (2)  the person submits to the jurisdiction of this

8-10     state by consent, by entering a general appearance, or by filing a

8-11     responsive document having the effect of waiving any contest to

8-12     personal jurisdiction;

8-13                 (3)  the child resides in this state as a result of the

8-14     acts or directives of the person;

8-15                 (4)  the person resided with the child in this state;

8-16                 (5)  the person resided in this state and provided

8-17     prenatal expenses or support for the child;

8-18                 (6)  the person engaged in sexual intercourse in this

8-19     state and the child may have been conceived by that act of

8-20     intercourse; [or]

8-21                 (7)  the person registered with the paternity registry

8-22     maintained by the bureau of vital statistics as provided by Chapter

8-23     160; or

8-24                 (8)  there is any basis consistent with the

8-25     constitutions of this state and the United States for the exercise

8-26     of the personal jurisdiction.

8-27           SECTION 3.  Section 161.002(b), Family Code, is amended to

 9-1     read as follows:

 9-2           (b)  The rights of an alleged biological father may be

 9-3     terminated if: [,]

 9-4                 (1)  after being served with citation, he does not

 9-5     respond by timely filing an admission of paternity or a

 9-6     counterclaim for paternity under Chapter 160 prior to the final

 9-7     hearing in the suit; or

 9-8                 (2)  he has not registered with the paternity registry

 9-9     under Subchapter D, Chapter 160.

9-10           SECTION 4.  Subchapter B, Chapter 161, Family Code, is

9-11     amended by adding Section 161.108 to read as follows:

9-12           Sec. 161.108.  REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.

9-13     (a)  If an affidavit of status of child as provided by this chapter

9-14     states that the father of the child is unknown and no probable

9-15     father is known, a certificate from the bureau of vital statistics

9-16     signed by the registrar that a diligent search has been made of the

9-17     paternity registry maintained by the bureau and that a registration

9-18     has not been found pertaining to the father of the child in

9-19     question must be filed with the court before a trial on the merits

9-20     in the suit for termination may be held.

9-21           (b)  In a proceeding to terminate parental rights in which

9-22     the alleged or probable father has not signed an affidavit of

9-23     relinquishment or an affidavit of waiver of interest, the court may

9-24     not terminate the parental rights of the alleged or probable

9-25     father, whether known or unknown, unless a certificate from the

9-26     bureau of vital statistics signed by the registrar states that a

9-27     diligent search has been made of the paternity registry maintained

 10-1    by the bureau and that a filing or registration has not been found

 10-2    pertaining to the father of the child in question.

 10-3          SECTION 5.  This Act takes effect September 1, 1997, and

 10-4    applies only to a suit affecting the parent-child relationship

 10-5    commenced on or after that date.  A suit affecting the parent-child

 10-6    relationship commenced before that date is governed by the law in

 10-7    effect at the time the suit was commenced, and the former law is

 10-8    continued in effect for that purpose.

 10-9          SECTION 6.  The importance of this legislation and the

10-10    crowded condition of the calendars in both houses create an

10-11    emergency and an imperative public necessity that the

10-12    constitutional rule requiring bills to be read on three several

10-13    days in each house be suspended, and this rule is hereby suspended.