By Goodman                                      H.B. No. 1091

      75R1775 JMM-D                           

                                A BILL TO BE ENTITLED

 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 102.011(b), Family Code, is amended to

 1-8     read as follows:

 1-9           (b)  The court may also exercise personal jurisdiction over a

1-10     person on whom service of citation is required or over the person's

1-11     personal representative, although the person is not a resident or

1-12     domiciliary of this state, if:

1-13                 (1)  the person is personally served with citation in

1-14     this state;

1-15                 (2)  the person submits to the jurisdiction of this

1-16     state by consent, by entering a general appearance, or by filing a

1-17     responsive document having the effect of waiving any contest to

1-18     personal jurisdiction;

1-19                 (3)  the child resides in this state as a result of the

1-20     acts or directives of the person;

1-21                 (4)  the person resided with the child in this state;

1-22                 (5)  the person resided in this state and provided

1-23     prenatal expenses or support for the child;

1-24                 (6)  the person engaged in sexual intercourse in this

 2-1     state and the child may have been conceived by that act of

 2-2     intercourse; [or]

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

 2-4     maintained by the bureau of vital statistics as provided by Chapter

 2-5     160; or

 2-6                 (8)  there is any basis consistent with the

 2-7     constitutions of this state and the United States for the exercise

 2-8     of the personal jurisdiction.

 2-9           SECTION 2.  Chapter 160, Family Code, is amended by adding

2-10     Subchapter D to read as follows:

2-11                      SUBCHAPTER D. PATERNITY REGISTRY

2-12           Sec. 160.251.  PATERNITY REGISTRY; PURPOSE.  (a)  The bureau

2-13     of vital statistics shall establish a paternity registry.

2-14           (b)  The bureau of vital statistics shall administer the

2-15     registry to:

2-16                 (1)  protect the parental rights of fathers who

2-17     affirmatively assume responsibility for children they may have

2-18     fathered; and

2-19                 (2)  expedite adoptions of children whose biological

2-20     fathers are unwilling to assume responsibility for their children

2-21     by registering with the registry or otherwise acknowledging their

2-22     children.

2-23           (c)  The registry does not relieve a mother of the obligation

2-24     to identify the known father of her child.

2-25           (d)  A man presumed to be the biological father of a child

2-26     under Section 151.002 is not required to register with the

2-27     paternity registry to assert any right in a matter affecting the

 3-1     parent-child relationship.

 3-2           Sec. 160.252.  INFORMATION MAINTAINED BY REGISTRY.  The

 3-3     registry shall record the name, address, driver's license number,

 3-4     and social security number of a man who:

 3-5                 (1)  claims to be the father of a child whose paternity

 3-6     has not been established by an order of a court of this state by

 3-7     giving notice of intent to claim paternity, as provided by this

 3-8     subchapter; or

 3-9                 (2)  has been adjudicated by a court of another state

3-10     or territory of the United States to be the father of a child and

3-11     who files a certified copy of the court order with the registry.

3-12           Sec. 160.253.  REQUIRED INFORMATION.  A man registering with

3-13     the registry shall provide:

3-14                 (1)  the name, last known address, driver's license

3-15     number, and social security number, if known, of the mother of the

3-16     child;

3-17                 (2)  the name of the child and the location and date of

3-18     birth of the child, if known, or the probable month and year of the

3-19     expected birth of the child;

3-20                 (3)  the man's name, address, driver's license number,

3-21     and social security number; and

3-22                 (4)  a statement in which the man claims to be the

3-23     father of the child identified by the man.

3-24           Sec. 160.254.  KNOWLEDGE OF PREGNANCY.  (a)  A man who has

3-25     sexual intercourse with a woman is deemed to have knowledge that

3-26     sexual intercourse can result in the woman's pregnancy and shall

3-27     file a notice of intent to claim paternity as provided by this

 4-1     subchapter to assert his right to establish paternity of a child

 4-2     that may result from the sexual intercourse.

 4-3           (b)  Ignorance of a pregnancy is not a sufficient reason for

 4-4     failing to register with the registry to claim paternity of the

 4-5     child born of the pregnancy.

 4-6           (c)  Misrepresentation by the mother or another person

 4-7     concerning the facts of the pregnancy, including the identity of

 4-8     the father, is not a sufficient reason for failing to register with

 4-9     the registry to claim paternity of the child born of the pregnancy.

4-10           Sec. 160.255.  FURNISHING OF REGISTRY INFORMATION;

4-11     CONFIDENTIALITY;  OFFENSE.  (a)  If the mother's address has been

4-12     provided, the registry shall send a copy of the notice of intent to

4-13     claim paternity to the mother as notification that a man has

4-14     registered with the paternity registry claiming to be the father of

4-15     the mother's child.

4-16           (b)  Information contained in the registry is confidential

4-17     and may be released on request only to:

4-18                 (1)  a court;

4-19                 (2)  the mother of a child;

4-20                 (3)  an authorized agency;

4-21                 (4)  a licensed child-placing agency;

4-22                 (5)  an attorney at law in this state who is

4-23     participating or assisting in an adoption of the child that the

4-24     registrant claims to have fathered; or

4-25                 (6)  any other person or entity the bureau of vital

4-26     statistics considers to have a legitimate interest in the

4-27     information.

 5-1           (c)  The registry shall furnish registry information by

 5-2     electronic data exchange or any other means to the state's Title

 5-3     IV-D agency and the Department of Protective and Regulatory

 5-4     Services.

 5-5           (d)  A person commits an offense if the person intentionally

 5-6     and unlawfully releases information from the registry to the public

 5-7     or makes any other unlawful use of the information in violation of

 5-8     this subchapter.  An offense under this subsection is a Class B

 5-9     misdemeanor.

5-10           Sec. 160.256.  NOTICE OF INTENT TO CLAIM PATERNITY.  (a)

5-11     Except as provided by Subsection (e), a person may register as

5-12     provided by this subchapter by filing a notice of intent to claim

5-13     paternity on a form provided by the bureau of vital statistics.

5-14     This form shall be signed and acknowledged before a notary public.

5-15           (b)  The bureau shall make registration forms available to

5-16     all:

5-17                 (1)  hospitals and other birthing places in this state;

5-18                 (2)  licensed child-placing agencies;

5-19                 (3)  county and district clerks;

5-20                 (4)  municipal clerks;

5-21                 (5)  justices of the peace;

5-22                 (6)  jails;

5-23                 (7)  prisons; and

5-24                 (8)  facilities of the Texas Department of Criminal

5-25     Justice and Texas Youth Commission.

5-26           (c)  A notice of intent to claim paternity may be filed

5-27     before the birth of the child but may not be filed after the 30th

 6-1     day after the date of birth of the child.

 6-2           (d)  A person may not register to claim paternity of a child

 6-3     if the parent-child relationship of the person and the child is

 6-4     terminated by a judgment that has become final.

 6-5           (e)  If the bureau of vital statistics has received from the

 6-6     clerk of the court notice of a decree terminating the parent-child

 6-7     relationship between the person applying to register and the child,

 6-8     the bureau shall notify the person that the person's parent-child

 6-9     relationship with the child has been terminated and may not enter

6-10     into the registry a notice of intent to claim paternity filed by

6-11     the person.

6-12           Sec. 160.257.  DENIAL OF REGISTRANT'S PATERNITY;

6-13     NOTIFICATION.  (a)  Not later than the 30th day after the date of

6-14     the receipt of notification from the bureau of vital statistics

6-15     that a notice of intent to claim paternity has been filed, the

6-16     mother of the child may deny the registrant's claim of paternity on

6-17     a form provided by the bureau and signed and acknowledged before a

6-18     notary public.

6-19           (b)  If the mother denies that the registrant is the father

6-20     of the child, the bureau of vital statistics shall immediately

6-21     notify the registrant of the denial and of the registrant's right

6-22     to file a legal action to establish paternity.

6-23           Sec. 160.258.  EFFECT OF FAILURE TO FILE NOTICE OF INTENT.

6-24     (a)  Except as provided by Subsection (b), if a man fails to file a

6-25     notice of intent to claim paternity before the 30th day after the

6-26     date of the birth of the child, the person may not assert any

6-27     interest in the child with respect to the adoption of the child,

 7-1     the termination of parental rights, or the establishment of

 7-2     paternity after the filing of a suit for termination of the man's

 7-3     parental rights or for the adoption of the child.

 7-4           (b)  The limitation on a man's right to assert an interest in

 7-5     a child under Subsection (a) does not apply to a man who files an

 7-6     action to claim paternity of the child under this chapter before

 7-7     the 30th day after the birth of the child.

 7-8           (c)  Ignorance of a pregnancy or of the birth or survival of

 7-9     a child does not constitute an affirmative defense to the failure

7-10     to file a notice of intent to claim paternity of a child.

7-11           (d)  Misrepresentation by a mother or another person

7-12     concerning the facts of a pregnancy, including the identity of the

7-13     father, is not an excuse for failing to file a notice of intent to

7-14     claim paternity of a child.

7-15           Sec. 160.259.  CHANGE OR REVOCATION OF REGISTRY INFORMATION.

7-16     (a)  A man who files a notice of intent to claim paternity with the

7-17     registry shall promptly notify the registry in writing of any

7-18     change in the information, including a change of address.

7-19           (b)  A man who files a notice of intent to claim paternity

7-20     may at any time revoke the notice by sending the registry a written

7-21     statement signed and acknowledged by the registrant before a notary

7-22     public.  The statement must include a declaration that, to the best

7-23     of the registrant's knowledge and belief:

7-24                 (1)  the registrant is not the father of the named

7-25     child; or

7-26                 (2)  a court has adjudicated paternity and a person

7-27     other than the registrant has been determined to be the father of

 8-1     the child.

 8-2           Sec. 160.260.  FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.

 8-3     On request, the bureau of vital statistics shall furnish a

 8-4     certificate, signed by the state registrar of vital statistics,

 8-5     attesting to the results of a search of the registry regarding a

 8-6     notice of intent to claim paternity to:

 8-7                 (1)  a court;

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

 8-9                 (3)  an authorized agency;

8-10                 (4)  a licensed child-placing agency;

8-11                 (5)  an attorney licensed to practice law in this state

8-12     who is participating or assisting in an adoption; or

8-13                 (6)  any other person or entity the bureau of vital

8-14     statistics considers to have a legitimate interest in the

8-15     information.

8-16           Sec. 160.261.  REMOVAL OF REGISTRANT'S NAME.  If a court

8-17     determines that a registrant is not the father of the child, the

8-18     court shall order the bureau of vital statistics to remove the

8-19     registrant's name from the registry.  On receipt of an order for

8-20     the removal of a registrant's name, the bureau of vital statistics

8-21     shall remove the name from the registry.

8-22           Sec. 160.262.  REGISTRY FEES.  (a)  A fee may not be charged

8-23     for filing with the registry a notice of intent to claim paternity

8-24     of a child or a denial of a registrant's paternity.

8-25           (b)  The Texas Department of Health may charge a fee for

8-26     processing a search of the paternity registry and for furnishing a

8-27     certificate under Section 160.260.

 9-1           Sec. 160.263.  ADMISSIBILITY OF INFORMATION MAINTAINED BY

 9-2     REGISTRY.  Information maintained by the paternity registry is

 9-3     admissible in a proceeding in a court or administrative tribunal of

 9-4     this state for any purpose, including for the establishment of the

 9-5     registrant's paternity or an action to terminate parental rights.

 9-6           SECTION 3.  Section 161.002, Family Code, is amended by

 9-7     amending Subsection (b) and adding Subsection (c) to read as

 9-8     follows:

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

9-10     terminated if: [,]

9-11                 (1)  after being served with citation, he does not

9-12     respond by timely filing an admission of paternity or a

9-13     counterclaim for paternity under Chapter 160 prior to the final

9-14     hearing in the suit; or

9-15                 (2)  he has not registered with the paternity registry

9-16     under Subchapter D, Chapter 160.

9-17           (c)  The termination of the rights of an alleged biological

9-18     father under Subsection (b)(2) does not require personal service of

9-19     citation on the alleged biological father.

9-20           SECTION 4.  Subchapter A, Chapter 161, Family Code, is

9-21     amended by adding Section 161.007 to read as follows:

9-22           Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM

9-23     CRIMINAL ACT.  The court may order the termination of the

9-24     parent-child relationship of a parent and a child if the court

9-25     finds that:

9-26                 (1)  the parent has been convicted of an offense

9-27     committed under Section 22.011, 22.021, or 25.02, Penal Code;

 10-1                (2)  as a direct result of the commission of the

 10-2    offense by the parent, the victim of the offense became pregnant

 10-3    with the parent's child; and

 10-4                (3)  termination is in the best interest of the child.

 10-5          SECTION 5.  Section 161.103, Family Code, is amended to read

 10-6    as follows:

 10-7          Sec. 161.103.  AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF

 10-8    PARENTAL RIGHTS.  (a)  An affidavit for voluntary relinquishment of

 10-9    parental rights must be:

10-10                (1)  signed after the birth of the child, but not

10-11    before 48 hours after the birth of the child, by the parent,

10-12    whether or not a minor, whose parental rights are to be

10-13    relinquished;

10-14                (2)  witnessed by two credible persons; and

10-15                (3)  verified before a person authorized to take oaths.

10-16          (b)  The affidavit must contain:

10-17                (1)  the name, address, and age of the parent whose

10-18    parental rights are being relinquished;

10-19                (2)  the name, age, and birth date of the child;

10-20                (3)  the names and addresses of the guardians of the

10-21    person and estate of the child, if any;

10-22                (4)  a statement that the affiant is or is not

10-23    presently obligated by court order to make payments for the support

10-24    of the child;

10-25                (5)  a full description and statement of value of all

10-26    property owned or possessed by the child;

10-27                (6)  an allegation that termination of the parent-child

 11-1    relationship is in the best interest of the child;

 11-2                (7)  one of the following, as applicable:

 11-3                      (A)  the name and address of the other parent;

 11-4                      (B)  a statement that the parental rights of the

 11-5    other parent have been terminated by death or court order; or

 11-6                      (C)  a statement that the child has no presumed

 11-7    father and that an affidavit of status of the child has been

 11-8    executed as provided by this chapter;

 11-9                (8)  a statement that the parent has been informed of

11-10    parental rights and duties; [and]

11-11                (9)  a statement that the relinquishment is revocable,

11-12    that the relinquishment is irrevocable, or that the relinquishment

11-13    is irrevocable for a stated period of time;

11-14                (10)  if the relinquishment is revocable, a statement

11-15    in boldfaced type concerning the right of the parent signing the

11-16    affidavit to revoke the relinquishment only if the revocation is

11-17    made before the 11th day after the date the revocation is executed;

11-18                (11)  if the relinquishment is revocable, the name and

11-19    address of a person to whom the revocation is to be delivered; and

11-20                (12)  the [.]

11-21          [(c)  The affidavit may contain:]

11-22                [(1)  a] designation of a qualified person, the

11-23    Department of Protective and Regulatory Services, if the department

11-24    has consented in writing to the designation, or a licensed

11-25    child-placing agency to serve as managing conservator of the child

11-26    and the address of the person or agency.[;]

11-27          (c)  The affidavit may contain:

 12-1                (1) [(2)]  a waiver of process in a suit to terminate

 12-2    the parent-child relationship filed under this chapter or in a suit

 12-3    to terminate joined with a petition for adoption; and

 12-4                (2) [(3)]  a consent to the placement of the child for

 12-5    adoption by the Department of Protective and Regulatory Services or

 12-6    by a licensed child-placing agency.

 12-7          (d)  A copy of the affidavit shall be provided to the parent

 12-8    at the time the parent signs the affidavit.

 12-9          (e)  The relinquishment in an [An] affidavit that [of

12-10    relinquishment of parental rights is irrevocable if it] designates

12-11    the Department of Protective and Regulatory Services or a licensed

12-12    child-placing agency to serve as the managing conservator is

12-13    irrevocable.  A relinquishment in any [Any] other affidavit of

12-14    relinquishment is revocable unless it expressly provides that it is

12-15    irrevocable for a stated period of time not to exceed 60 days after

12-16    the date of its execution.

12-17          (f)  A relinquishment in an affidavit of relinquishment of

12-18    parental rights that fails to state that the relinquishment is

12-19    irrevocable for a stated time is revocable as provided by Section

12-20    161.1035.

12-21          (g)  To revoke a relinquishment under Subsection (e) the

12-22    parent must sign a statement witnessed by two credible persons and

12-23    verified before a person authorized to take oaths.  A copy of the

12-24    revocation shall be delivered to the person designated in the

12-25    affidavit.  If a parent attempting to revoke a relinquishment under

12-26    this subsection has knowledge that a suit for termination of the

12-27    parent-child relationship has been filed based on the parent's

 13-1    affidavit of relinquishment of parental rights, the parent shall

 13-2    file a copy of the revocation with the clerk of the court.

 13-3          SECTION 6.  Subchapter B, Chapter 161, Family Code, is

 13-4    amended by adding Section 161.1035 to read as follows:

 13-5          Sec. 161.1035.  REVOCABILITY OF CERTAIN AFFIDAVITS.   An

 13-6    affidavit of relinquishment of parental rights or affidavit of

 13-7    waiver of interest in a child that fails to state that the

 13-8    relinquishment or waiver is irrevocable for a stated time is:

 13-9                (1)  revocable only if the revocation is made before

13-10    the 11th day after the date the affidavit is executed; and

13-11                (2)  irrevocable on or after the 11th day after the

13-12    date the affidavit is executed.

13-13          SECTION 7.  Section 161.106, Family Code, is amended by

13-14    adding Subsections (f)-(j) to read as follows:

13-15          (f)  A waiver in an affidavit under this section that

13-16    designates the Department of Protective and Regulatory Services or

13-17    a licensed child-placing agency to serve as the managing

13-18    conservator is irrevocable.  A waiver in any other affidavit under

13-19    this section is revocable unless it expressly provides that it is

13-20    irrevocable for a stated period not to exceed 60 days after the

13-21    date of execution.

13-22          (g)  A waiver in an affidavit under this section that fails

13-23    to state that the waiver is irrevocable for a stated time is

13-24    revocable as provided by Section 161.1035.

13-25          (h)  An affidavit under this section that contains a waiver

13-26    that is revocable must contain:

13-27                (1)  a statement in boldfaced type concerning the right

 14-1    of the person who executed the affidavit to revoke the affidavit

 14-2    only if the revocation is made before the 11th day after the date

 14-3    the affidavit is executed; and

 14-4                (2)  the name and address of the person to whom the

 14-5    revocation is to be delivered.

 14-6          (i)  A copy of the affidavit shall be provided to the person

 14-7    who executed the affidavit at the time the person signs the

 14-8    affidavit.

 14-9          (j)  To revoke a waiver, the person who executed the

14-10    affidavit must sign a statement witnessed by two credible persons

14-11    and verified before a person authorized to take oaths.  A copy of

14-12    the revocation shall be delivered to the person designated in the

14-13    affidavit of waiver of interest in a child.  If a person attempting

14-14    to revoke an affidavit under this subsection has knowledge that a

14-15    suit for termination of the parent-child relationship based on the

14-16    person's waiver of interest in a child has been filed, the person

14-17    shall file a copy of the revocation with the clerk of the court.

14-18          SECTION 8.  Subchapter B, Chapter 161, Family Code, is

14-19    amended by adding Sections 161.108, 161.109, and 161.110 to read as

14-20    follows:

14-21          Sec. 161.108.  REVOCATION PERIOD NOT APPLICABLE.  An

14-22    affidavit of relinquishment of parental rights under Section

14-23    161.103 or an affidavit of waiver of interest in a child under

14-24    Section 161.106 may provide that the required revocation period is

14-25    not applicable to the affidavit in a suit seeking termination of

14-26    the parent-child relationship brought by a governmental entity if:

14-27                (1)  the affidavit is executed by a parent who has been

 15-1    personally served with citation; and

 15-2                (2)  the parent has filed an answer in the suit or the

 15-3    date to file an answer in the suit has passed.

 15-4          Sec. 161.109.  RELEASE OF CHILD FROM HOSPITAL OR BIRTHING

 15-5    CENTER.  (a)  Before or at the time an affidavit of relinquishment

 15-6    of parental rights under Section 161.103 is executed, the mother of

 15-7    a newborn child who does not have a presumed father or, if the

 15-8    child has a presumed father, for whom the presumed father has

 15-9    executed an affidavit of waiver of interest in the child or

15-10    otherwise relinquished parental rights, may authorize the release

15-11    of the child from the hospital or birthing center to a licensed

15-12    child-placing agency, the Department of Protective and Regulatory

15-13    Services, or another designated person.

15-14          (b)  A release under this section must be:

15-15                (1)  executed in writing;

15-16                (2)  witnessed by two credible adults; and

15-17                (3)  verified before a person authorized to take oaths.

15-18          (c)  A hospital or birthing center shall comply with the

15-19    terms of a release executed under this section without requiring a

15-20    court order.

15-21          Sec. 161.110.  REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.

15-22    (a)  If an affidavit of status of child as provided by this chapter

15-23    states that the father of the child is unknown and no probable

15-24    father is known, a certificate from the bureau of vital statistics

15-25    signed by the registrar that a diligent search has been made of the

15-26    paternity registry maintained by the bureau and that a registration

15-27    has not been found pertaining to the father of the child in

 16-1    question must be filed with the court before a trial on the merits

 16-2    in the suit for termination may be held.

 16-3          (b)  In a proceeding to terminate parental rights in which

 16-4    the alleged or probable father has not been personally served with

 16-5    citation or signed an affidavit of relinquishment or an affidavit

 16-6    of waiver of interest, the court may not terminate the parental

 16-7    rights of the alleged or probable father, whether known or unknown,

 16-8    unless a certificate from the bureau of vital statistics signed by

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

16-10    paternity registry maintained by the bureau and that a filing or

16-11    registration has not been found pertaining to the father of the

16-12    child in question.

16-13          SECTION 9.  Section 161.201, Family Code, is amended to read

16-14    as follows:

16-15          Sec. 161.201.  NO FINAL ORDER UNTIL AFFIDAVIT BECOMES

16-16    IRREVOCABLE [CHILD FIVE DAYS OLD].  If an affidavit relinquishing

16-17    parental rights or an affidavit of waiver of interest in a child

16-18    under this chapter has been executed and is revocable under its own

16-19    terms, the court may not hold a hearing on termination of parental

16-20    rights or render orders other than temporary orders until after the

16-21    date the affidavit becomes irrevocable.  [If the petition in a suit

16-22    for termination is filed before the birth of the child, the court

16-23    may not conduct a hearing in the suit nor render an order other

16-24    than a temporary order until the child is at least five days old.]

16-25          SECTION 10.  Subchapter C, Chapter 161, Family Code, is

16-26    amended by adding Section 161.211 to read as follows:

16-27          Sec. 161.211.  DIRECT OR COLLATERAL ATTACK ON TERMINATION

 17-1    ORDER.  (a)  The validity of an order terminating the parental

 17-2    rights of a person who has been personally served or who has

 17-3    executed an affidavit of relinquishment of parental rights or an

 17-4    affidavit of waiver of interest in a child is not subject to

 17-5    collateral or direct attack after the sixth month after the date

 17-6    the order was rendered.

 17-7          (b)  The validity of an order terminating the parental rights

 17-8    of a person who is served by citation by publication is not subject

 17-9    to collateral or direct attack after the second anniversary of the

17-10    date the order was rendered.

17-11          (c)  A direct or collateral attack on an order terminating

17-12    parental rights based on an unrevoked affidavit of relinquishment

17-13    of parental rights or affidavit of waiver of interest in a child is

17-14    limited to issues relating to fraud, duress, or coercion in the

17-15    execution of the affidavit.

17-16          SECTION 11.  Subchapter A, Chapter 162, Family Code, is

17-17    amended by adding Section 162.0025 to read as follows:

17-18          Sec. 162.0025.  ADOPTIVE HOME SCREENING.  (a)  The court

17-19    shall order an adoptive home screening to evaluate each party who

17-20    requests the adoption.  The screening must be completed before a

17-21    child may be placed in  an applicant's home unless the child is

17-22    being adopted by a member of the child's family related by the

17-23    second degree of consanguinity or affinity.

17-24          (b)  The court may appoint an investigator to conduct the

17-25    screening required by this section who has the qualifications

17-26    established by rule of the Department of Protective and Regulatory

17-27    Services providing minimum qualifications for persons who may

 18-1    perform adoptive home screenings.

 18-2          (c)  The cost of an adoptive home study shall be paid by an

 18-3    applicant who seeks to adopt a child.

 18-4          SECTION 12.  Subchapter A, Chapter 162, Family Code, is

 18-5    amended by adding Section 162.0045 to read as follows:

 18-6          Sec. 162.0045.  PREFERENTIAL SETTING.  The court shall grant

 18-7    a motion for a preferential setting for a final hearing on an

 18-8    adoption and shall give precedence to that hearing over all other

 18-9    civil cases not given preference by other law if the social study

18-10    has been filed and the criminal history for the person seeking to

18-11    adopt the child has been obtained.

18-12          SECTION 13.  Section 162.0085(a), Family Code, is amended to

18-13    read as follows:

18-14          (a)  In a suit affecting the parent-child relationship in

18-15    which an adoption is sought, the court shall order each person

18-16    seeking to adopt the child to obtain that person's own criminal

18-17    history record information.  The court shall accept under this

18-18    section a person's criminal history record information that is

18-19    provided by the Department of Protective and Regulatory Services or

18-20    by a licensed child-placing agency that received the information

18-21    from the department if the information was obtained not more than

18-22    one year before the date the court ordered the history to be

18-23    obtained.

18-24          SECTION 14.  Section 162.012(a), Family Code, is amended to

18-25    read as follows:

18-26          (a)  Notwithstanding Rule 329, Texas Rules of Civil

18-27    Procedure, the [The] validity of an adoption order is not subject

 19-1    to attack after the sixth month after [second anniversary of] the

 19-2    date the order was rendered.

 19-3          SECTION 15.  Section 162.018, Family Code, is amended by

 19-4    adding Subsection (d) to read as follows:

 19-5          (d)  At the time an adoption order is rendered, the court

 19-6    shall provide to the parents of an adopted child information

 19-7    provided by the bureau of vital statistics that describes the

 19-8    functions of the voluntary adoption registry under Subchapter E.

 19-9    The licensed child-placing agency shall provide to each of the

19-10    child's biological parents known to the agency, the information

19-11    when the parent signs an affidavit of relinquishment of parental

19-12    rights, affidavit of status of child, or affidavit of waiver of

19-13    interest in a child.  The information shall include the right of

19-14    the child or biological parent to refuse to participate in the

19-15    registry.  If the adopted child is 14 years old or older the court

19-16    shall provide the information to the child.

19-17          SECTION 16.  Section 162.025, Family Code, is amended to read

19-18    as follows:

19-19          Sec. 162.025.  PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.

19-20    (a)  A person who is not the natural or adoptive parent of the

19-21    child, the legal guardian of the child, or a child-placing agency

19-22    licensed under Chapter 42, Human Resources Code, commits an offense

19-23    if the person:

19-24                (1)  serves as an intermediary between a prospective

19-25    adoptive parent and an expectant parent or parent of a minor child

19-26    to identify the parties to each other [or facilitates the placement

19-27    of the child for adoption]; or

 20-1                (2)  places a child for adoption.

 20-2          (b)  It is not an offense under this section if a

 20-3    professional provides legal or medical services to:

 20-4                (1)  a parent who identifies the prospective adoptive

 20-5    parent and places the child for adoption without the assistance of

 20-6    the professional; or

 20-7                (2)  a prospective adoptive parent who identifies a

 20-8    parent and receives placement of a child for adoption without the

 20-9    assistance of the professional.

20-10          (c)  An offense under this section is a Class B misdemeanor.

20-11          SECTION 17.  Section 162.402, Family Code, is amended by

20-12    amending Subdivisions (7) and (11) and adding Subdivision (14) to

20-13    read as follows:

20-14                (7)  "Authorized agency" means a public agency

20-15    authorized to care for or to place children for adoption or a

20-16    private entity approved for that purpose by the department through

20-17    a license, certification, or other means.  The term includes a

20-18    licensed child-placing agency or a previously licensed

20-19    child-placing agency that has ceased operations and has transferred

20-20    its adoption records to the bureau [department] or an agency

20-21    authorized by the department to place  children for adoption and a

20-22    licensed child-placing agency that has been acquired by, merged

20-23    with, or otherwise succeeded by an agency authorized by the

20-24    department to place children for adoption.

20-25                (11)  "Central registry" means the mutual consent

20-26    voluntary adoption registry established and maintained by the

20-27    bureau [department] under this subchapter.

 21-1                (14)  "Bureau" means the bureau of vital statistics.

 21-2          SECTION 18.  Sections 162.403(a) and (c), Family Code, are

 21-3    amended to read as follows:

 21-4          (a)  The bureau [department] shall establish and maintain a

 21-5    mutual consent voluntary adoption registry.

 21-6          (c)  An authorized agency that did not directly or by

 21-7    contract provide registry services as required by this subchapter

 21-8    on January 1, 1984, may not provide its own registry service.  The

 21-9    bureau [department] shall operate through the central registry

21-10    those services for agencies not permitted to provide a registry

21-11    under this section.

21-12          SECTION 19.  Subchapter E, Chapter 162, Family Code, is

21-13    amended by adding Section 162.404 to read as follows:

21-14          Sec. 162.404.  REQUIREMENT TO SEND INFORMATION TO CENTRAL

21-15    REGISTRY.  An authorized agency that is permitted to provide a

21-16    registry under this subchapter or that participates in a mutual

21-17    consent voluntary adoption registry with an association of

21-18    authorized agencies shall send to the central registry a duplicate

21-19    of all information the registry maintains in the agency's registry

21-20    or sends to the registry in which the agency participates.

21-21          SECTION 20.  Sections 162.407(b) and (c), Family Code, are

21-22    amended to read as follows:

21-23          (b)  An adoptee adopted or placed through an authorized

21-24    agency may register through the registry maintained by that agency

21-25    or the registry to which the agency has delegated registry services

21-26    or through the central registry maintained by the bureau

21-27    [department].

 22-1          (c)  Birth parents and biological siblings shall register

 22-2    through:

 22-3                (1)  the registry of the authorized agency through

 22-4    which the adoptee was adopted or placed;  or[.  If the proper

 22-5    registry is unknown  or if the agency's registry refuses the

 22-6    application, the birth parent or biological sibling may register

 22-7    through]

 22-8                (2)  the central registry.

 22-9          SECTION 21.  Section 162.408, Family Code, is amended to read

22-10    as follows:

22-11          Sec. 162.408.  PROOF OF IDENTITY.  The rules and minimum

22-12    standards of the Texas Board of Health for the bureau [department]

22-13    must provide for proof of identity in order to facilitate the

22-14    purposes of this subchapter and to protect the privacy rights of

22-15    adoptees, adoptive parents, birth parents, biological siblings, and

22-16    their families.

22-17          SECTION 22.  Section 162.411(d), Family Code, is amended to

22-18    read as follows:

22-19          (d)  The fees collected by the bureau [department] shall be

22-20    deposited in a special fund in the general revenue fund.  Funds in

22-21    the special fund may be appropriated only for the administration of

22-22    the central registry.

22-23          SECTION 23.  Section 162.414(c), Family Code, is amended to

22-24    read as follows:

22-25          (c)  To establish or corroborate a match, the administrator

22-26    shall request confirmation of a possible match from the bureau [of

22-27    vital statistics].  If the [department or] agency operating the

 23-1    registry has in its own records sufficient information through

 23-2    which the match may be confirmed, the administrator may, but is not

 23-3    required to, request confirmation from the bureau [of vital

 23-4    statistics].  The bureau [of vital statistics] may confirm or  deny

 23-5    the match without breaching the duty of confidentiality to the

 23-6    adoptee, adoptive parents, birth parents, or biological siblings

 23-7    and without a court order.

 23-8          SECTION 24.  Section 162.420, Family Code, is amended to read

 23-9    as follows:

23-10          Sec. 162.420. RULEMAKING.  (a) The Texas Board of Health

23-11    [department] shall make rules and adopt minimum standards for the

23-12    bureau to:

23-13                (1)  administer the provisions of this subchapter; and

23-14                (2)  ensure that each registry respects the right to

23-15    privacy and confidentiality of an adoptee, birth parent, and

23-16    biological sibling who does not desire to disclose the person's

23-17    identity.

23-18          (b)  The bureau [department] shall conduct a comprehensive

23-19    review of all [of its] rules and standards adopted under this

23-20    subchapter  not less than every six years.

23-21          (c)  In order to provide the administrators an opportunity to

23-22    review proposed rules and standards and send written suggestions to

23-23    the Texas Board of Health [department], the board [department]

23-24    shall, before adopting rules and minimum standards, send a copy of

23-25    the proposed rules and standards not less than 60 days before the

23-26    date they take effect to:

23-27                (1)  the administrator of each registry established

 24-1    under this subchapter;  and

 24-2                (2)  the administrator of each agency authorized by the

 24-3    department to place children for adoption.

 24-4          SECTION 25.  Section 162.421(a), Family Code, is amended to

 24-5    read as follows:

 24-6          (a)  This subchapter does not prevent the bureau [department]

 24-7    from making known to the public, by appropriate means, the

 24-8    existence of voluntary adoption registries.

 24-9          SECTION 26.  Sections 162.422(a) and (b), Family Code, are

24-10    amended to read as follows:

24-11          (a)  The bureau [department] or authorized agency

24-12    establishing or operating a registry is not liable to any person

24-13    for obtaining or disclosing identifying information about a birth

24-14    parent, adoptee, or biological sibling within the scope of this

24-15    subchapter and under its provisions.

24-16          (b)  An employee or agent of the bureau [department] or of an

24-17    authorized agency establishing or operating a registry under this

24-18    subchapter is not liable to any person for obtaining or disclosing

24-19    identifying information about a birth parent, adoptee, or

24-20    biological sibling within the scope of this subchapter and under

24-21    its provisions.

24-22          SECTION 27.  Chapter 162, Family Code, is amended by adding

24-23    Subchapter G to read as follows:

24-24                SUBCHAPTER G.  CONFIDENTIAL INTERMEDIARIES

24-25          Sec. 162.601.  DEFINITIONS.  In this subchapter:

24-26                (1)  "Adoptee," "adoptive parent," and "biological

24-27    parent" have the meanings assigned those terms by Section 162.402.

 25-1                (2)  "Biological sibling" means one of the biological

 25-2    siblings as defined by Section 162.402.

 25-3          Sec. 162.602.  APPOINTMENT OF CONFIDENTIAL INTERMEDIARY.  (a)

 25-4    On an application by an adoptee, adoptive parent, biological

 25-5    parent, or biological sibling, a court that rendered an adoption

 25-6    order may appoint a confidential intermediary under this

 25-7    subchapter.  The application must contain an affidavit that shows

 25-8    the relationship of the applicant to a person sought to be located,

 25-9    identifies the court as having rendered an adoption order relating

25-10    to the applicant or person sought to be located, and includes other

25-11    supporting information.

25-12          (b)  The court may rule on an application under this section

25-13    without a hearing.  The court may appoint any person who meets the

25-14    requirements of this subchapter as the intermediary.

25-15          Sec. 162.603.  DUTIES AND POWERS OF CONFIDENTIAL

25-16    INTERMEDIARY.  (a)  A confidential intermediary shall:

25-17                (1)  assist the person who requested the appointment of

25-18    the intermediary in locating an adoptee, adoptive parent,

25-19    biological parent, or biological sibling who is related to the

25-20    person; and

25-21                (2)  be available for appointment by the court to act

25-22    as a confidential intermediary.

25-23          (b)  A confidential intermediary may:

25-24                (1)  inspect confidential adoption records as

25-25    authorized by the court on a motion filed by the adoptee, adoptive

25-26    parent, biological parent, or biological sibling; and

25-27                (2)  use information contained in confidential adoption

 26-1    records to locate an adoptee, adoptive parent, biological parent,

 26-2    or biological sibling of the person who filed for the appointment

 26-3    of the intermediary.

 26-4          (c)  A court that approves an application for the appointment

 26-5    of a confidential intermediary must, in the court's order,

 26-6    designate the specific records to which the intermediary is

 26-7    entitled access.

 26-8          (d)  A court shall open adoption records maintained by the

 26-9    court to a confidential intermediary appointed under this

26-10    subchapter.

26-11          (e)  A licensed child-placing agency, voluntary adoption

26-12    registry under Subchapter E, and the bureau of vital statistics

26-13    shall open records designated under Subsection (c) to a

26-14    confidential intermediary.

26-15          (f)  A confidential intermediary may not be appointed to

26-16    locate a person who is younger than 18 years of age.

26-17          Sec. 162.604.  QUALIFICATIONS.  To be eligible for

26-18    appointment as a confidential intermediary, a person must:

26-19                (1)  be 21 years of age or older;

26-20                (2)  have:

26-21                      (A)  a bachelor's degree in a social or

26-22    behavioral science from an accredited institution of higher

26-23    education;

26-24                      (B)  a high school diploma or the equivalent and

26-25    not less than six years of work experience in social services; or

26-26                      (C)  a certificate of registration as a private

26-27    investigator under the Private Investigators and Private Security

 27-1    Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes);

 27-2    and

 27-3                (3)  not have been convicted of a felony or misdemeanor

 27-4    involving moral turpitude or classified as an offense against a

 27-5    person, public indecency, or possession or distribution of a

 27-6    controlled substance described by Chapter 481, Health and Safety

 27-7    Code.

 27-8          Sec. 162.605.  CONFIDENTIALITY.  Information obtained by a

 27-9    confidential intermediary in the course of the intermediary's

27-10    duties under this subchapter is confidential and may be used only

27-11    to arrange for communication between the person who requested the

27-12    appointment of the intermediary and a person sought by the

27-13    intermediary.

27-14          Sec. 162.606.  CONSENT REQUIRED.  (a)  A confidential

27-15    intermediary who locates a person sought by the person who

27-16    requested the appointment of the intermediary may not arrange for

27-17    communication between the persons until the intermediary:

27-18                (1)  obtains written consent from both persons stating

27-19    that each agrees to communicate directly; and

27-20                (2)  notifies the court that consent under Subdivision

27-21    (1) has been obtained.

27-22          (b)  If consent is not obtained from both persons, all

27-23    records and any information obtained by the confidential

27-24    intermediary during the course of the intermediary's investigation

27-25    shall be returned to the court and remains confidential.

27-26          Sec. 162.607.  COSTS.  The costs for the services of a

27-27    confidential intermediary shall be paid by the person who applied

 28-1    for appointment of the intermediary.

 28-2          Sec. 162.608.  PENALTY.  A person commits an offense if the

 28-3    person is a confidential intermediary and the person knowingly

 28-4    violates Section 162.605 or Section 162.606.  An offense under this

 28-5    section is a Class A misdemeanor.

 28-6          SECTION 28.  Chapter 25, Penal Code, is amended by adding

 28-7    Section 25.09 to read as follows:

 28-8          Sec. 25.09.  ADVERTISING FOR PLACEMENT OF CHILD.  (a)  A

 28-9    person commits an offense if the person advertises in the public

28-10    media that the person will place a child for adoption or will

28-11    provide or obtain a child for adoption.

28-12          (b)  This section does not apply to a licensed child-placing

28-13    agency that is identified in the advertisement as a licensed

28-14    child-placing agency.

28-15          (c)  An offense under this section is a Class A misdemeanor

28-16    unless the person has been convicted previously under this section,

28-17    in which event the offense is a felony of the third degree.

28-18          (d)  In this section:

28-19                (1)  "Child" has the meaning assigned by Section

28-20    101.003, Family Code.

28-21                (2)  "Public media" has the meaning assigned by Section

28-22    38.01.  The term also includes communications through the use of

28-23    the Internet or another public computer network.

28-24          SECTION 29.  (a) This Act takes effect September 1, 1997.

28-25          (b)  Except as otherwise provided by this section, the change

28-26    in law made by this Act applies only to a suit affecting the

28-27    parent-child relationship commenced on or after the effective date

 29-1    of this Act.  A suit affecting the parent-child relationship

 29-2    commenced before the effective date of this Act is governed by the

 29-3    law in effect on the date it was commenced, and the former law is

 29-4    continued in effect for that purpose.

 29-5          (c)  The change in law made by this Act pertaining to the

 29-6    termination of the parent-child relationship applies only to an

 29-7    affidavit to relinquish parental rights or an affidavit of waiver

 29-8    of interest in a child executed on or after the effective date of

 29-9    this Act.  An affidavit executed before the effective date of this

29-10    Act is governed by the law in effect on the date the affidavit was

29-11    executed, and the former law is continued in effect for that

29-12    purpose.

29-13          (d)  The change in law made by this Act pertaining to the

29-14    appointment of a confidential intermediary applies only to a

29-15    confidential intermediary appointed on or after the effective date

29-16    of this Act.  A confidential intermediary appointed before the

29-17    effective date of this Act is governed by the law in effect on the

29-18    date the confidential intermediary was appointed, and the former

29-19    law is continued in effect for that purpose.

29-20          (e)  The change in law made by this Act pertaining to a

29-21    criminal offense applies only to an offense committed on or after

29-22    the effective date of this Act.  For purposes of this subsection,

29-23    an offense is committed before the effective date of this Act if

29-24    any element of the offense occurs before that date.  An offense

29-25    committed before the effective date of this Act is covered by the

29-26    law in effect when the offense was committed, and the former law is

29-27    continued in effect for that purpose.

 30-1          (f)  The change in law made by this Act transferring the

 30-2    administration of the central voluntary adoption registry from the

 30-3    Department of Protective and Regulatory Services to the bureau of

 30-4    vital statistics takes effect January 1, 1998.  On that date, the

 30-5    powers, duties, obligations, rights, contracts, records, personnel,

 30-6    property, and unexpended appropriations dedicated to the department

 30-7    for the operation of the registry are transferred to the bureau.

 30-8    The department and the bureau shall develop and implement a plan

 30-9    before that date for the transfer of the registry.

30-10          SECTION 30.  The importance of this legislation and the

30-11    crowded condition of the calendars in both houses create an

30-12    emergency and an imperative public necessity that the

30-13    constitutional rule requiring bills to be read on three several

30-14    days in each house be suspended, and this rule is hereby suspended.