1-1                                   AN ACT

 1-2     relating to the parent-child relationship, including suits

 1-3     affecting the parent-child relationship, the establishment of

 1-4     paternity, the termination of the parent-child relationship, and

 1-5     the adoption of children; providing penalties.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 102.009(a), Family Code, is amended to

 1-8     read as follows:

 1-9           (a)  Except as provided by Subsection (b), the following are

1-10     entitled to service of citation on the filing of a petition in an

1-11     original suit:

1-12                 (1)  a managing conservator;

1-13                 (2)  a possessory conservator;

1-14                 (3)  a person having possession of or access to the

1-15     child under an order;

1-16                 (4)  a person required by law or by order to provide

1-17     for the support of the child;

1-18                 (5)  a guardian of the person of the child;

1-19                 (6)  a guardian of the estate of the child;

1-20                 (7)  each parent as to whom the parent-child

1-21     relationship has not been terminated or process has not been waived

1-22     under Chapter 161;

1-23                 (8)  an alleged father, unless there is attached to the

1-24     petition an affidavit of waiver of interest in a child executed by

 2-1     the alleged father as provided by Chapter 161 or unless the

 2-2     petitioner has complied with the provisions of Section

 2-3     161.002(b)(2) or (b)(3); [and]

 2-4                 (9)  a man who has filed a notice of intent to claim

 2-5     paternity as provided by Subchapter D, Chapter 160; and

 2-6                 (10)  the Department of Protective and Regulatory

 2-7     Services, if the petition requests that the department be appointed

 2-8     as managing conservator of the child.

 2-9           SECTION 2.  Section 102.011(b), Family Code, is amended to

2-10     read as follows:

2-11           (b)  The court may also exercise personal jurisdiction over a

2-12     person on whom service of citation is required or over the person's

2-13     personal representative, although the person is not a resident or

2-14     domiciliary of this state, if:

2-15                 (1)  the person is personally served with citation in

2-16     this state;

2-17                 (2)  the person submits to the jurisdiction of this

2-18     state by consent, by entering a general appearance, or by filing a

2-19     responsive document having the effect of waiving any contest to

2-20     personal jurisdiction;

2-21                 (3)  the child resides in this state as a result of the

2-22     acts or directives of the person;

2-23                 (4)  the person resided with the child in this state;

2-24                 (5)  the person resided in this state and provided

2-25     prenatal expenses or support for the child;

2-26                 (6)  the person engaged in sexual intercourse in this

2-27     state and the child may have been conceived by that act of

 3-1     intercourse; [or]

 3-2                 (7)  the person registered with the paternity registry

 3-3     maintained by the bureau of vital statistics as provided by Chapter

 3-4     160; or

 3-5                 (8)  there is any basis consistent with the

 3-6     constitutions of this state and the United States for the exercise

 3-7     of the personal jurisdiction.

 3-8           SECTION 3.  Section 107.013, Family Code, is amended to read

 3-9     as follows:

3-10           Sec. 107.013.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR

3-11     [INDIGENT] PARENT.  (a)  In a suit in which termination of the

3-12     parent-child relationship is requested, the court shall appoint an

3-13     attorney ad litem to represent the interests of:

3-14                 (1)  an  [each] indigent parent of the child who

3-15     responds in opposition to the termination;

3-16                 (2)  a parent served by citation by publication;

3-17                 (3)  an alleged father who failed to register with the

3-18     registry under Subchapter D, Chapter 160, and whose identity or

3-19     location is unknown; and

3-20                 (4)  an alleged father who registered with the

3-21     paternity registry under Subchapter D, Chapter 160, but the

3-22     petitioner's attempt to personally serve citation at the address

3-23     provided to the registry and at any other address for the alleged

3-24     father known by the petitioner has been unsuccessful.

3-25           (b)  If both parents of the child are entitled to the

3-26     appointment of an attorney ad litem under this section [indigent

3-27     and oppose termination] and the court finds that the interests of

 4-1     the parents are not in conflict, the court may appoint a single

 4-2     attorney ad litem to represent the interests of both parents.

 4-3           SECTION 4.  Section 153.434, Family Code, is amended to read

 4-4     as follows:

 4-5           Sec. 153.434.  Limitation on Right to Request Access.  A

 4-6     biological or adoptive grandparent may not request possession of or

 4-7     access to a grandchild if:

 4-8                 (1)  the grandparent is a parent of a person whose

 4-9     parental rights with the child have been terminated by court order

4-10     or by death; or [and]

4-11                 (2)  the grandparent is a parent of a person who has

4-12     executed an affidavit of waiver of interest in child or an

4-13     affidavit of relinquishment of parental rights under Chapter 161

4-14     and the affidavit designates an authorized agency, licensed

4-15     child-placing agency, or person other than the child's stepparent

4-16     as the managing conservator of the child; and

4-17                 (3)  the other biological parent has died, has executed

4-18     an affidavit of waiver of interest in child or an affidavit of

4-19     relinquishment of parental rights under Chapter 161, or has had

4-20     that parent's parental rights terminated and the grandchild has

4-21     been adopted by a person other than the child's stepparent.

4-22           SECTION 5.  Section 159.201, Family Code, is amended to read

4-23     as follows:

4-24           Sec. 159.201.  BASES FOR JURISDICTION OVER NONRESIDENT.  In a

4-25     proceeding to establish, enforce, or modify a support order or to

4-26     determine parentage, a tribunal of this state may exercise personal

4-27     jurisdiction over a nonresident individual or the individual's

 5-1     guardian or conservator if:

 5-2                 (1)  the individual is personally served with citation

 5-3     in this state;

 5-4                 (2)  the individual submits to the jurisdiction of this

 5-5     state by consent, by entering a general appearance, or by filing a

 5-6     responsive document having the effect of waiving any contest to

 5-7     personal jurisdiction;

 5-8                 (3)  the individual resided with the child in this

 5-9     state;

5-10                 (4)  the individual resided in this state and provided

5-11     prenatal expenses or support for the child;

5-12                 (5)  the child resides in this state as a result of the

5-13     acts or directives of the individual;

5-14                 (6)  the individual engaged in sexual intercourse in

5-15     this state and the child may have been conceived by that act of

5-16     intercourse; [or]

5-17                 (7)  the individual asserted parentage in the paternity

5-18     registry maintained in this state by the bureau of vital

5-19     statistics; or

5-20                 (8)  there is any other basis consistent with the

5-21     constitutions of this state and the United States for the exercise

5-22     of personal jurisdiction.

5-23           SECTION 6.  Chapter 160, Family Code, is amended by adding

5-24     Subchapter D to read as follows:

5-25                      SUBCHAPTER D. PATERNITY REGISTRY

5-26           Sec. 160.251.  PATERNITY REGISTRY; PURPOSE.  (a)  The bureau

5-27     of vital statistics shall establish a paternity registry.

 6-1           (b)  The bureau of vital statistics shall administer the

 6-2     registry to:

 6-3                 (1)  protect the parental rights of fathers who

 6-4     affirmatively assume responsibility for children they may have

 6-5     fathered; and

 6-6                 (2)  expedite adoptions of children whose biological

 6-7     fathers are unwilling to assume responsibility for their children

 6-8     by registering with the registry or otherwise acknowledging their

 6-9     children.

6-10           (c)  The registry does not relieve a mother of the obligation

6-11     to identify the known father of her child.

6-12           (d)  A man is not required to register with the paternity

6-13     registry if he:

6-14                 (1)  is presumed to be the biological father of a child

6-15     under Chapter 151; or

6-16                 (2)  has been adjudicated to be the biological father

6-17     of a child by a court of competent jurisdiction.

6-18           Sec. 160.252.  REQUIRED INFORMATION.  A man registering with

6-19     the registry shall provide:

6-20                 (1)  the name, last known address, driver's license

6-21     number, and social security number, if known, of the mother of the

6-22     child;

6-23                 (2)  the name of the child and the location and date of

6-24     birth of the child, if known, or the probable month and year of the

6-25     expected birth of the child;

6-26                 (3)  the man's name, address, driver's license number,

6-27     and social security number; and

 7-1                 (4)  a statement in which the man claims to be the

 7-2     father of the child identified by the man.

 7-3           Sec. 160.253.  INFORMATION MAINTAINED BY REGISTRY.  The

 7-4     registry shall record the name, address, driver's license number,

 7-5     and social security number of a man who claims to be the father of

 7-6     a child whose paternity has not been adjudicated by a court of

 7-7     competent jurisdiction by giving notice of intent to claim

 7-8     paternity, as provided by this subchapter.

 7-9           Sec. 160.254.  KNOWLEDGE OF PREGNANCY.  (a)  A person who has

7-10     sexual intercourse with a person of the opposite sex is deemed to

7-11     have knowledge that sexual intercourse can result in the woman's

7-12     pregnancy.

7-13           (b)  Except as provided by this subchapter, a man who claims

7-14     to be the father of a child shall file a notice of intent to assert

7-15     as provided by this subchapter his right to establish paternity of

7-16     a child that may result from the sexual intercourse.

7-17           (c)  Ignorance of a pregnancy is not a sufficient reason for

7-18     failing to register with the registry to claim paternity of the

7-19     child born of the pregnancy.

7-20           Sec. 160.255.  FURNISHING OF REGISTRY INFORMATION;

7-21     CONFIDENTIALITY;  OFFENSE.  (a)  If the mother's address has been

7-22     provided, the registry shall send a copy of the notice of intent to

7-23     claim paternity to the mother as notification that a man has

7-24     registered with the paternity registry claiming to be the father of

7-25     the mother's child.

7-26           (b)  Information contained in the registry is confidential

7-27     and may be released on request only to:

 8-1                 (1)  a court;

 8-2                 (2)  the mother of a child;

 8-3                 (3)  an authorized agency;

 8-4                 (4)  a licensed child-placing agency;

 8-5                 (5)  an attorney at law in this state who is

 8-6     participating or assisting in a suit affecting the parent-child

 8-7     relationship, including termination of the parent-child

 8-8     relationship or a suit for the adoption of the child that the

 8-9     registrant claims to have fathered; or

8-10                 (6)  any other person or entity the bureau of vital

8-11     statistics considers to have a legitimate interest in the

8-12     information.

8-13           (c)  The registry shall furnish registry information by

8-14     electronic data exchange or any other means to the state's Title

8-15     IV-D agency and the Department of Protective and Regulatory

8-16     Services.

8-17           (d)  A person commits an offense if the person intentionally

8-18     and unlawfully releases information from the registry to the public

8-19     or makes any other unlawful use of the information in violation of

8-20     this subchapter.  An offense under this subsection is a Class B

8-21     misdemeanor.

8-22           Sec. 160.256.  NOTICE OF INTENT TO CLAIM PATERNITY.  (a)

8-23     Except as provided by Subsection (d), a person may register as

8-24     provided by this subchapter by filing a notice of intent to claim

8-25     paternity on a form provided by the bureau of vital statistics.

8-26     This form shall be signed and acknowledged before a notary public.

8-27           (b)  The bureau shall make registration forms available to

 9-1     all:

 9-2                 (1)  hospitals and other birthing places in this state;

 9-3                 (2)  licensed child-placing agencies;

 9-4                 (3)  county and district clerks;

 9-5                 (4)  municipal clerks;

 9-6                 (5)  justices of the peace;

 9-7                 (6)  jails;

 9-8                 (7)  prisons; and

 9-9                 (8)  facilities of the Texas Department of Criminal

9-10     Justice and Texas Youth Commission.

9-11           (c)  A notice of intent to claim paternity may be filed

9-12     before the birth of the child but may not be filed after the 30th

9-13     day after the date of birth of the child.

9-14           (d)  If the bureau of vital statistics has received from the

9-15     clerk of the court notice under Chapter 108 of a decree terminating

9-16     the parent-child relationship between the person applying to

9-17     register and the child, the bureau shall notify the person that the

9-18     person's parent-child relationship with the child has been

9-19     terminated and may not enter into the registry a notice of intent

9-20     to claim paternity filed by the person.

9-21           Sec. 160.257.  DENIAL OF REGISTRANT'S PATERNITY;

9-22     NOTIFICATION.  (a)  Not later than the 30th day after the date of

9-23     the receipt of notification from the bureau of vital statistics

9-24     that a notice of intent to claim paternity has been filed, the

9-25     mother of the child may deny the registrant's claim of paternity on

9-26     a form provided by the bureau and signed and acknowledged before a

9-27     notary public.

 10-1          (b)  If the mother denies that the registrant is the father

 10-2    of the child, the bureau of vital statistics shall immediately

 10-3    notify the registrant of the denial and of the registrant's right

 10-4    to file a legal action to establish paternity.

 10-5          Sec. 160.258.  EFFECT OF FAILURE TO FILE NOTICE OF INTENT.

 10-6    Except as provided by Chapter 102 and Chapter 161, a man who fails

 10-7    to file a notice of intent to claim paternity before the 30th day

 10-8    after the date of the birth of the child may not assert an interest

 10-9    in the child other than by filing a suit to establish paternity

10-10    before the termination of the man's parental rights.

10-11          Sec. 160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.

10-12    (a)  A man who files a notice of intent to claim paternity with the

10-13    registry shall promptly notify the registry in writing of any

10-14    change in the information, including a change of address.

10-15          (b)  A man who files a notice of intent to claim paternity

10-16    may at any time revoke the notice by sending the registry a written

10-17    statement signed and acknowledged by the registrant before a notary

10-18    public.  The statement must include a declaration that, to the best

10-19    of the registrant's knowledge and belief:

10-20                (1)  the registrant is not the father of the named

10-21    child; or

10-22                (2)  a court has adjudicated paternity and a person

10-23    other than the registrant has been determined to be the father of

10-24    the child.

10-25          Sec. 160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.

10-26    On request, the bureau of vital statistics shall furnish a

10-27    certificate, signed by the state registrar of vital statistics,

 11-1    attesting to the results of a search of the registry regarding a

 11-2    notice of intent to claim paternity to:

 11-3                (1)  a court;

 11-4                (2)  the mother of a child;

 11-5                (3)  an authorized agency;

 11-6                (4)  a licensed child-placing agency;

 11-7                (5)  an attorney licensed to practice law in this state

 11-8    who is participating or assisting in an adoption; or

 11-9                (6)  any other person or entity the bureau of vital

11-10    statistics considers to have a legitimate interest in the

11-11    information.

11-12          Sec. 160.261.  REMOVAL OF REGISTRANT'S NAME.  If a court

11-13    determines that a registrant is not the father of the child, the

11-14    court shall order the bureau of vital statistics to remove the

11-15    registrant's name from the registry.  On receipt of an order for

11-16    the removal of a registrant's name, the bureau of vital statistics

11-17    shall remove the name from the registry.

11-18          Sec. 160.262.  REGISTRY FEES.  (a)  A fee may not be charged

11-19    for filing with the registry a notice of intent to claim paternity

11-20    of a child or a denial of a registrant's paternity.

11-21          (b)  Except as provided by Subsection (c), the Texas

11-22    Department of Health may charge a fee for processing a search of

11-23    the paternity registry and for furnishing a certificate under

11-24    Section 160.260.

11-25          (c)  The Department of Protective and Regulatory Services and

11-26    the Title IV-D agency are not required to pay a fee under

11-27    Subsection (b).

 12-1          Sec. 160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY

 12-2    REGISTRY.  Information maintained by the paternity registry is

 12-3    admissible in a proceeding in a court or administrative tribunal of

 12-4    this state for any purpose, including for the establishment of the

 12-5    registrant's paternity or an action to terminate parental rights.

 12-6          SECTION 7.  Section 161.002, Family Code, is amended by

 12-7    amending Subsection (b) and adding Subsections (c)-(f) to read as

 12-8    follows:

 12-9          (b)  The rights of an alleged biological father may be

12-10    terminated if: [,]

12-11                (1)  after being served with citation, he does not

12-12    respond by timely filing an admission of paternity or a

12-13    counterclaim for paternity under Chapter 160 prior to the final

12-14    hearing in the suit;

12-15                (2)  he has not registered with the paternity registry

12-16    under Subchapter D, Chapter 160, and after the exercise of due

12-17    diligence by the petitioner:

12-18                      (A)  his identity and location are unknown; or

12-19                      (B)  his identity is known but he cannot be

12-20    located; or

12-21                (3)  he has registered with the paternity registry

12-22    under Subchapter D, Chapter 160, but the petitioner's attempt to

12-23    personally serve citation at the address provided to the registry

12-24    and at any other address for the alleged father known by the

12-25    petitioner has been unsuccessful, despite the due diligence of the

12-26    petitioner.

12-27          (c)  The termination of the rights of an alleged biological

 13-1    father under Subsection (b)(2) rendered on or after January 1,

 13-2    1998, does not require personal service of citation or citation by

 13-3    publication on the alleged father.

 13-4          (d)  The termination of rights of an alleged biological

 13-5    father under Subsection (b)(3) does not require service of citation

 13-6    by publication on the alleged father.

 13-7          (e)  The court shall not render an order terminating parental

 13-8    rights under Subsection (b)(2) unless the court, after reviewing

 13-9    the petitioner's sworn affidavit describing the petitioner's effort

13-10    to identify and locate the alleged biological father and

13-11    considering any evidence submitted by the attorney ad litem for the

13-12    alleged biological father, has found that the petitioner exercised

13-13    due diligence in attempting to identify and locate the alleged

13-14    biological father.  The order shall contain specific findings

13-15    regarding due diligence of the petitioner.

13-16          (f)  The court shall not render an order terminating parental

13-17    rights under Subsection (b)(3) unless the court, after reviewing

13-18    the petitioner's sworn affidavit describing the petitioner's effort

13-19    to obtain personal service of citation on the alleged father and

13-20    considering any evidence submitted by the attorney ad litem for the

13-21    alleged father, has found that the petitioner exercised due

13-22    diligence in attempting to obtain service on the alleged father.

13-23    The order shall contain specific findings regarding the exercise of

13-24    due diligence of the petitioner.

13-25          SECTION 8.  Subchapter A, Chapter 161, Family Code, is

13-26    amended by adding Section 161.007 to read as follows:

13-27          Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM

 14-1    CRIMINAL ACT.  The court may order the termination of the

 14-2    parent-child relationship of a parent and a child if the court

 14-3    finds that:

 14-4                (1)  the parent has been convicted of an offense

 14-5    committed under Section 22.011, 22.021, or 25.02, Penal Code;

 14-6                (2)  as a direct result of the commission of the

 14-7    offense by the parent, the victim of the offense became pregnant

 14-8    with the parent's child; and

 14-9                (3)  termination is in the best interest of the child.

14-10          SECTION 9.  Section 161.103, Family Code, is amended to read

14-11    as follows:

14-12          Sec. 161.103.  AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF

14-13    PARENTAL RIGHTS.  (a)  An affidavit for voluntary relinquishment of

14-14    parental rights must be:

14-15                (1)  signed after the birth of the child, but not

14-16    before 48 hours after the birth of the child, by the parent,

14-17    whether or not a minor, whose parental rights are to be

14-18    relinquished;

14-19                (2)  witnessed by two credible persons; and

14-20                (3)  verified before a person authorized to take oaths.

14-21          (b)  The affidavit must contain:

14-22                (1)  the name, address, and age of the parent whose

14-23    parental rights are being relinquished;

14-24                (2)  the name, age, and birth date of the child;

14-25                (3)  the names and addresses of the guardians of the

14-26    person and estate of the child, if any;

14-27                (4)  a statement that the affiant is or is not

 15-1    presently obligated by court order to make payments for the support

 15-2    of the child;

 15-3                (5)  a full description and statement of value of all

 15-4    property owned or possessed by the child;

 15-5                (6)  an allegation that termination of the parent-child

 15-6    relationship is in the best interest of the child;

 15-7                (7)  one of the following, as applicable:

 15-8                      (A)  the name and address of the other parent;

 15-9                      (B)  a statement that the parental rights of the

15-10    other parent have been terminated by death or court order; or

15-11                      (C)  a statement that the child has no presumed

15-12    father and that an affidavit of status of the child has been

15-13    executed as provided by this chapter;

15-14                (8)  a statement that the parent has been informed of

15-15    parental rights and duties; [and]

15-16                (9)  a statement that the relinquishment is revocable,

15-17    that the relinquishment is irrevocable, or that the relinquishment

15-18    is irrevocable for a stated period of time;

15-19                (10)  if the relinquishment is revocable, a statement

15-20    in boldfaced type concerning the right of the parent signing the

15-21    affidavit to revoke the relinquishment only if the revocation is

15-22    made before the 11th day after the date the affidavit is executed;

15-23                (11)  if the relinquishment is revocable, the name and

15-24    address of a person to whom the revocation is to be delivered; and

15-25                (12)  the [.]

15-26          [(c)  The affidavit may contain:]

15-27                [(1)  a] designation of a prospective adoptive parent

 16-1    [qualified person], the Department of Protective and Regulatory

 16-2    Services, if the department has consented in writing to the

 16-3    designation, or a licensed child-placing agency to serve as

 16-4    managing conservator of the child and the address of the person or

 16-5    agency.[;]

 16-6          (c)  The affidavit may contain:

 16-7                (1) [(2)]  a waiver of process in a suit to terminate

 16-8    the parent-child relationship filed under this chapter or in a suit

 16-9    to terminate joined with a petition for adoption; and

16-10                (2) [(3)]  a consent to the placement of the child for

16-11    adoption by the Department of Protective and Regulatory Services or

16-12    by a licensed child-placing agency.

16-13          (d)  A copy of the affidavit shall be provided to the parent

16-14    at the time the parent signs the affidavit.

16-15          (e)  The relinquishment in an [An] affidavit that [of

16-16    relinquishment of parental rights is irrevocable if it] designates

16-17    the Department of Protective and Regulatory Services or a licensed

16-18    child-placing agency to serve as the managing conservator is

16-19    irrevocable.  A relinquishment in any [Any] other affidavit of

16-20    relinquishment is revocable unless it expressly provides that it is

16-21    irrevocable for a stated period of time not to exceed 60 days after

16-22    the date of its execution.

16-23          (f)  A relinquishment in an affidavit of relinquishment of

16-24    parental rights that fails to state that the relinquishment is

16-25    irrevocable for a stated time is revocable as provided by Section

16-26    161.1035.

16-27          (g)  To revoke a relinquishment under Subsection (e) the

 17-1    parent must sign a statement witnessed by two credible persons and

 17-2    verified before a person authorized to take oaths.  A copy of the

 17-3    revocation shall be delivered to the person designated in the

 17-4    affidavit.  If a parent attempting to revoke a relinquishment under

 17-5    this subsection has knowledge that a suit for termination of the

 17-6    parent-child relationship has been filed based on the parent's

 17-7    affidavit of relinquishment of parental rights, the parent shall

 17-8    file a copy of the revocation with the clerk of the court.

 17-9          SECTION 10.  Subchapter B, Chapter 161, Family Code, is

17-10    amended by adding Section 161.1035 to read as follows:

17-11          Sec. 161.1035.  REVOCABILITY OF CERTAIN AFFIDAVITS.   An

17-12    affidavit of relinquishment of parental rights or affidavit of

17-13    waiver of interest in a child that fails to state that the

17-14    relinquishment or waiver is irrevocable for a stated time is:

17-15                (1)  revocable only if the revocation is made before

17-16    the 11th day after the date the affidavit is executed; and

17-17                (2)  irrevocable on or after the 11th day after the

17-18    date the affidavit is executed.

17-19          SECTION 11.  Section 161.106, Family Code, is amended by

17-20    adding Subsections (f)-(j) to read as follows:

17-21          (f)  A waiver in an affidavit under this section that

17-22    designates the Department of Protective and Regulatory Services or

17-23    a licensed child-placing agency to serve as the managing

17-24    conservator is irrevocable.  A waiver in any other affidavit under

17-25    this section is revocable unless it expressly provides that it is

17-26    irrevocable for a stated period not to exceed 60 days after the

17-27    date of execution.

 18-1          (g)  A waiver in an affidavit under this section that fails

 18-2    to state that the waiver is irrevocable for a stated time is

 18-3    revocable as provided by Section 161.1035.

 18-4          (h)  An affidavit under this section that contains a waiver

 18-5    that is revocable must contain:

 18-6                (1)  a statement in boldfaced type concerning the right

 18-7    of the person who executed the affidavit to revoke the affidavit

 18-8    only if the revocation is made before the 11th day after the date

 18-9    the affidavit is executed; and

18-10                (2)  the name and address of the person to whom the

18-11    revocation is to be delivered.

18-12          (i)  A copy of the affidavit shall be provided to the person

18-13    who executed the affidavit at the time the person signs the

18-14    affidavit.

18-15          (j)  To revoke a waiver, the person who executed the

18-16    affidavit must sign a statement witnessed by two credible persons

18-17    and verified before a person authorized to take oaths.  A copy of

18-18    the revocation shall be delivered to the person designated in the

18-19    affidavit of waiver of interest in a child.  If a person attempting

18-20    to revoke an affidavit under this subsection has knowledge that a

18-21    suit for termination of the parent-child relationship based on the

18-22    person's waiver of interest in a child has been filed, the person

18-23    shall file a copy of the revocation with the clerk of the court.

18-24          SECTION 12.  Subchapter B, Chapter 161, Family Code, is

18-25    amended by adding Sections 161.108 and 161.109 to read as follows:

18-26          Sec. 161.108.  RELEASE OF CHILD FROM HOSPITAL OR BIRTHING

18-27    CENTER.  (a)  Before or at the time an affidavit of relinquishment

 19-1    of parental rights under Section 161.103 is executed, the mother of

 19-2    a newborn child may authorize the release of the child from the

 19-3    hospital or birthing center to a licensed child-placing agency, the

 19-4    Department of Protective and Regulatory Services, or another

 19-5    designated person.

 19-6          (b)  A release under this section must be:

 19-7                (1)  executed in writing;

 19-8                (2)  witnessed by two credible adults; and

 19-9                (3)  verified before a person authorized to take oaths.

19-10          (c)  A hospital or birthing center shall comply with the

19-11    terms of a release executed under this section without requiring a

19-12    court order.

19-13          Sec. 161.109.  REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.

19-14    (a)  If an affidavit of status of child as provided by this chapter

19-15    states that the father of the child is unknown and no probable

19-16    father is known, a certificate from the bureau of vital statistics

19-17    signed by the registrar that a diligent search has been made of the

19-18    paternity registry maintained by the bureau and that a registration

19-19    has not been found pertaining to the father of the child in

19-20    question must be filed with the court before a trial on the merits

19-21    in the suit for termination may be held.

19-22          (b)  In a proceeding to terminate parental rights in which

19-23    the alleged or probable father has not been personally served with

19-24    citation or signed an affidavit of relinquishment or an affidavit

19-25    of waiver of interest, the court may not terminate the parental

19-26    rights of the alleged or probable father, whether known or unknown,

19-27    unless a certificate from the bureau of vital statistics signed by

 20-1    the registrar states that a diligent search has been made of the

 20-2    paternity registry maintained by the bureau and that a filing or

 20-3    registration has not been found pertaining to the father of the

 20-4    child in question.

 20-5          SECTION 13.  Subchapter A, Chapter 162, Family Code, is

 20-6    amended by adding Section 162.0025 to read as follows:

 20-7          Sec. 162.0025.  ADOPTIVE HOME SCREENING.  (a)  The court

 20-8    shall order an adoptive home screening to evaluate each party who

 20-9    requests the adoption.  The screening must be completed before a

20-10    child may be placed in  an applicant's home unless the child is

20-11    being adopted by a member of the child's family related by the

20-12    second degree of consanguinity or affinity.   The screening must

20-13    comply with the rules adopted by the Board of Protective and

20-14    Regulatory Services providing minimum requirements for the

20-15    screening.

20-16          (b)  The court may appoint an investigator to conduct the

20-17    screening required by this section who has the qualifications

20-18    established by rule of the Board of Protective and Regulatory

20-19    Services providing minimum qualifications for persons who may

20-20    perform adoptive home screenings.

20-21          (c)  The cost of an adoptive home study shall be paid by an

20-22    applicant who seeks to adopt a child.

20-23          SECTION 14.  Section 162.001, Family Code, is amended to read

20-24    as follows:

20-25          Sec. 162.001.  Who may Adopt and be Adopted.  (a)  Subject to

20-26    the requirements for standing to sue in Chapter 102, an adult may

20-27    petition to adopt a child who may be adopted.

 21-1          (b)  A child residing in this state may be adopted if:

 21-2                (1)  the parent-child relationship as to each living

 21-3    parent of the child has been terminated or a suit for termination

 21-4    is joined with the suit for adoption; [or]

 21-5                (2)  the parent whose rights have not been terminated

 21-6    is presently the spouse of the petitioner and the proceeding is for

 21-7    a stepparent adoption;

 21-8                (3)  the child is at least two years old, the

 21-9    parent-child relationship has been terminated with respect to one

21-10    parent, the person seeking the adoption is the child's former

21-11    stepparent and has been a managing conservator or has had actual

21-12    care, possession, and control of the child for a period of six

21-13    months preceding the adoption, and the nonterminated parent

21-14    consents to the adoption; or

21-15                (4)  the child is at least two years old, the

21-16    parent-child relationship has been terminated with respect to one

21-17    parent, and the person seeking the adoption is the child's former

21-18    stepparent and has been a managing conservator or has had actual

21-19    care, possession, and control of the child for a period of one year

21-20    preceding the adoption.

21-21          (c)  If an affidavit of relinquishment of parental rights

21-22    contains a consent for the Department of Protective and Regulatory

21-23    Services or a licensed child-placing agency to place the child for

21-24    adoption and appoints the department or agency managing conservator

21-25    of the child, further consent by the parent is not required and the

21-26    adoption order shall terminate all rights of the parent without

21-27    further termination proceedings.

 22-1          SECTION 15.  Subchapter A, Chapter 162, Family Code, is

 22-2    amended by adding Section 162.0045 to read as follows:

 22-3          Sec. 162.0045.  PREFERENTIAL SETTING.  The court shall grant

 22-4    a motion for a preferential setting for a final hearing on an

 22-5    adoption and shall give precedence to that hearing over all other

 22-6    civil cases not given preference by other law if the social study

 22-7    has been filed and the criminal history for the person seeking to

 22-8    adopt the child has been obtained.

 22-9          SECTION 16.  Section 162.0085(a), Family Code, is amended to

22-10    read as follows:

22-11          (a)  In a suit affecting the parent-child relationship in

22-12    which an adoption is sought, the court shall order each person

22-13    seeking to adopt the child to obtain that person's own criminal

22-14    history record information.  The court shall accept under this

22-15    section a person's criminal history record information that is

22-16    provided by the Department of Protective and Regulatory Services or

22-17    by a licensed child-placing agency that received the information

22-18    from the department if the information was obtained not more than

22-19    one year before the date the court ordered the history to be

22-20    obtained.

22-21          SECTION 17.  Section 162.018, Family Code, is amended by

22-22    adding Subsection (d) to read as follows:

22-23          (d)  At the time an adoption order is rendered, the court

22-24    shall provide to the parents of an adopted child information

22-25    provided by the bureau of vital statistics that describes the

22-26    functions of the voluntary adoption registry under Subchapter E.

22-27    The licensed child-placing agency shall provide to each of the

 23-1    child's biological parents known to the agency, the information

 23-2    when the parent signs an affidavit of relinquishment of parental

 23-3    rights, affidavit of status of child, or affidavit of waiver of

 23-4    interest in a child.  The information shall include the right of

 23-5    the child or biological parent to refuse to participate in the

 23-6    registry.  If the adopted child is 14 years old or older the court

 23-7    shall provide the information to the child.

 23-8          SECTION 18.  Section 162.025, Family Code, is amended to read

 23-9    as follows:

23-10          Sec. 162.025.  PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.

23-11    (a)  A person who is not the natural or adoptive parent of the

23-12    child, the legal guardian of the child, or a child-placing agency

23-13    licensed under Chapter 42, Human Resources Code, commits an offense

23-14    if the person:

23-15                (1)  serves as an intermediary between a prospective

23-16    adoptive parent and an expectant parent or parent of a minor child

23-17    to identify the parties to each other [or facilitates the placement

23-18    of the child for adoption]; or

23-19                (2)  places a child for adoption.

23-20          (b)  It is not an offense under this section if a

23-21    professional provides legal or medical services to:

23-22                (1)  a parent who identifies the prospective adoptive

23-23    parent and places the child for adoption without the assistance of

23-24    the professional; or

23-25                (2)  a prospective adoptive parent who identifies a

23-26    parent and receives placement of a child for adoption without the

23-27    assistance of the professional.

 24-1          (c)  An offense under this section is a Class B misdemeanor.

 24-2          SECTION 19.  Section 162.402, Family Code, is amended by

 24-3    amending Subdivisions (7) and (11) and adding Subdivision (14) to

 24-4    read as follows:

 24-5                (7)  "Authorized agency" means a public agency

 24-6    authorized to care for or to place children for adoption or a

 24-7    private entity approved for that purpose by the department through

 24-8    a license, certification, or other means.  The term includes a

 24-9    licensed child-placing agency or a previously licensed

24-10    child-placing agency that has ceased operations and has transferred

24-11    its adoption records to the bureau [department] or an agency

24-12    authorized by the department to place  children for adoption and a

24-13    licensed child-placing agency that has been acquired by, merged

24-14    with, or otherwise succeeded by an agency authorized by the

24-15    department to place children for adoption.

24-16                (11)  "Central registry" means the mutual consent

24-17    voluntary adoption registry established and maintained by the

24-18    bureau [department] under this subchapter.

24-19                (14)  "Bureau" means the bureau of vital statistics.

24-20          SECTION 20.  Sections 162.403(a) and (c), Family Code, are

24-21    amended to read as follows:

24-22          (a)  The bureau [department] shall establish and maintain a

24-23    mutual consent voluntary adoption registry.

24-24          (c)  An authorized agency that did not directly or by

24-25    contract provide registry services as required by this subchapter

24-26    on January 1, 1984, may not provide its own registry service.  The

24-27    bureau [department] shall operate through the central registry

 25-1    those services for agencies not permitted to provide a registry

 25-2    under this section.

 25-3          SECTION 21.  Subchapter E, Chapter 162, Family Code, is

 25-4    amended by adding Section 162.404 to read as follows:

 25-5          Sec. 162.404.  REQUIREMENT TO SEND INFORMATION TO CENTRAL

 25-6    REGISTRY.  An authorized agency that is permitted to provide a

 25-7    registry under this subchapter or that participates in a mutual

 25-8    consent voluntary adoption registry with an association of

 25-9    authorized agencies shall send to the central registry a duplicate

25-10    of all information the registry maintains in the agency's registry

25-11    or sends to the registry in which the agency participates.

25-12          SECTION 22.  Sections 162.407(b) and (c), Family Code, are

25-13    amended to read as follows:

25-14          (b)  An adoptee adopted or placed through an authorized

25-15    agency may register through the registry maintained by that agency

25-16    or the registry to which the agency has delegated registry services

25-17    or through the central registry maintained by the bureau

25-18    [department].

25-19          (c)  Birth parents and biological siblings shall register

25-20    through:

25-21                (1)  the registry of the authorized agency through

25-22    which the adoptee was adopted or placed;  or[.  If the proper

25-23    registry is unknown  or if the agency's registry refuses the

25-24    application, the birth parent or biological sibling may register

25-25    through]

25-26                (2)  the central registry.

25-27          SECTION 23.  Section 162.408, Family Code, is amended to read

 26-1    as follows:

 26-2          Sec. 162.408.  PROOF OF IDENTITY.  The rules and minimum

 26-3    standards of the Texas Board of Health for the bureau [department]

 26-4    must provide for proof of identity in order to facilitate the

 26-5    purposes of this subchapter and to protect the privacy rights of

 26-6    adoptees, adoptive parents, birth parents, biological siblings, and

 26-7    their families.

 26-8          SECTION 24.  Section 162.411(d), Family Code, is amended to

 26-9    read as follows:

26-10          (d)  The fees collected by the bureau [department] shall be

26-11    deposited in a special fund in the general revenue fund.  Funds in

26-12    the special fund may be appropriated only for the administration of

26-13    the central registry.

26-14          SECTION 25.  Section 162.414(c), Family Code, is amended to

26-15    read as follows:

26-16          (c)  To establish or corroborate a match, the administrator

26-17    shall request confirmation of a possible match from the bureau [of

26-18    vital statistics].  If the [department or] agency operating the

26-19    registry has in its own records sufficient information through

26-20    which the match may be confirmed, the administrator may, but is not

26-21    required to, request confirmation from the bureau [of vital

26-22    statistics].  The bureau [of vital statistics] may confirm or  deny

26-23    the match without breaching the duty of confidentiality to the

26-24    adoptee, adoptive parents, birth parents, or biological siblings

26-25    and without a court order.

26-26          SECTION 26.  Section 162.420, Family Code, is amended to read

26-27    as follows:

 27-1          Sec. 162.420. RULEMAKING.  (a) The Texas Board of Health

 27-2    [department] shall make rules and adopt minimum standards for the

 27-3    bureau to:

 27-4                (1)  administer the provisions of this subchapter; and

 27-5                (2)  ensure that each registry respects the right to

 27-6    privacy and confidentiality of an adoptee, birth parent, and

 27-7    biological sibling who does not desire to disclose the person's

 27-8    identity.

 27-9          (b)  The bureau [department] shall conduct a comprehensive

27-10    review of all [of its] rules and standards adopted under this

27-11    subchapter  not less than every six years.

27-12          (c)  In order to provide the administrators an opportunity to

27-13    review proposed rules and standards and send written suggestions to

27-14    the Texas Board of Health [department], the board [department]

27-15    shall, before adopting rules and minimum standards, send a copy of

27-16    the proposed rules and standards not less than 60 days before the

27-17    date they take effect to:

27-18                (1)  the administrator of each registry established

27-19    under this subchapter;  and

27-20                (2)  the administrator of each agency authorized by the

27-21    department to place children for adoption.

27-22          SECTION 27.  Section 162.421(a), Family Code, is amended to

27-23    read as follows:

27-24          (a)  This subchapter does not prevent the bureau [department]

27-25    from making known to the public, by appropriate means, the

27-26    existence of voluntary adoption registries.

27-27          SECTION 28.  Sections 162.422(a) and (b), Family Code, are

 28-1    amended to read as follows:

 28-2          (a)  The bureau [department] or authorized agency

 28-3    establishing or operating a registry is not liable to any person

 28-4    for obtaining or disclosing identifying information about a birth

 28-5    parent, adoptee, or biological sibling within the scope of this

 28-6    subchapter and under its provisions.

 28-7          (b)  An employee or agent of the bureau [department] or of an

 28-8    authorized agency establishing or operating a registry under this

 28-9    subchapter is not liable to any person for obtaining or disclosing

28-10    identifying information about a birth parent, adoptee, or

28-11    biological sibling within the scope of this subchapter and under

28-12    its provisions.

28-13          SECTION 29.  Section 192.008(a), Health and Safety Code, is

28-14    amended to read as follows:

28-15          (a)  The supplementary birth certificate of an adopted child

28-16    must be in the names of the adoptive parents, one of whom must be a

28-17    female, named as the mother, and the other of whom must be a male,

28-18    named as the father.  This subsection does not prohibit a single

28-19    individual, male or female, from adopting a child.  Copies of the

28-20    child's birth certificates or birth records may not disclose that

28-21    the child is adopted.

28-22          SECTION 30.  Section 153.139, Family Code, is hereby

28-23    repealed.

28-24          SECTION 31.  Chapter 25, Penal Code, is amended by adding

28-25    Section 25.09 to read as follows:

28-26          Sec. 25.09.  ADVERTISING FOR PLACEMENT OF CHILD.  (a)  A

28-27    person commits an offense if the person advertises in the public

 29-1    media that the person will place a child for adoption or will

 29-2    provide or obtain a child for adoption.

 29-3          (b)  This section does not apply to a licensed child-placing

 29-4    agency that is identified in the advertisement as a licensed

 29-5    child-placing agency.

 29-6          (c)  An offense under this section is a Class A misdemeanor

 29-7    unless the person has been convicted previously under this section,

 29-8    in which event the offense is a felony of the third degree.

 29-9          (d)  In this section:

29-10                (1)  "Child" has the meaning assigned by Section

29-11    101.003, Family Code.

29-12                (2)  "Public media" has the meaning assigned by Section

29-13    38.01.  The term also includes communications through the use of

29-14    the Internet or another public computer network.

29-15          SECTION 32.  (a) This Act takes effect September 1, 1997.

29-16          (b)  Except as otherwise provided by this section, the change

29-17    in law made by this Act applies only to a suit affecting the

29-18    parent-child relationship commenced on or after the effective date

29-19    of this Act.  A suit affecting the parent-child relationship

29-20    commenced before the effective date of this Act is governed by the

29-21    law in effect on the date it was commenced, and the former law is

29-22    continued in effect for that purpose.

29-23          (c)  The change in law made by this Act pertaining to the

29-24    termination of the parent-child relationship applies only to an

29-25    affidavit to relinquish parental rights or an affidavit of waiver

29-26    of interest in a child executed on or after the effective date of

29-27    this Act.  An affidavit executed before the effective date of this

 30-1    Act is governed by the law in effect on the date the affidavit was

 30-2    executed, and the former law is continued in effect for that

 30-3    purpose.

 30-4          (d)  The change in law made by this Act pertaining to

 30-5    adoptions applies only to petitions for adoptions filed on or after

 30-6    the effective date of this Act.  A petition for adoption filed

 30-7    before the effective date of this Act is governed by the law in

 30-8    effect on the date the petition was filed, and the former law is

 30-9    continued in effect for that purpose; except that for these

30-10    purposes a petition for adoption shall be considered to be filed at

30-11    the time that the original petition was filed or at the time that

30-12    an amended petition seeking the adoption was filed if the amended

30-13    petition is filed in a cause that has previously been filed and

30-14    where the court has continuing jurisdiction over the child.

30-15          (e)  The change in law made by this Act pertaining to a

30-16    criminal offense applies only to an offense committed on or after

30-17    the effective date of this Act.  For purposes of this subsection,

30-18    an offense is committed before the effective date of this Act if

30-19    any element of the offense occurs before that date.  An offense

30-20    committed before the effective date of this Act is covered by the

30-21    law in effect when the offense was committed, and the former law is

30-22    continued in effect for that purpose.

30-23          (f)  The change in law made by this Act transferring the

30-24    administration of the central voluntary adoption registry from the

30-25    Department of Protective and Regulatory Services to the bureau of

30-26    vital statistics takes effect January 1, 1998.  On that date, the

30-27    powers, duties, obligations, rights, contracts, records, personnel,

 31-1    property, and unexpended appropriations dedicated to the department

 31-2    for the operation of the registry are transferred to the bureau.

 31-3    The department and the bureau shall develop and implement a plan

 31-4    before that date for the transfer of the registry.

 31-5          SECTION 33.  The importance of this legislation and the

 31-6    crowded condition of the calendars in both houses create an

 31-7    emergency and an imperative public necessity that the

 31-8    constitutional rule requiring bills to be read on three several

 31-9    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1091 was passed by the House on April

         30, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 1091 on May 20, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1091 was passed by the Senate, with

         amendments, on May 16, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor