By West                                               H.B. No. 1751

         75R6066 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain individuals who may bring a suit to contest the

 1-3     paternity of a child.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 160.101(a), Family Code, is amended to

 1-6     read as follows:

 1-7           (a)  The presumption that a man is the biological father of a

 1-8     child under Chapter 151 may be contested by:

 1-9                 (1)  the biological mother of the child;

1-10                 (2)  a person related within the second degree of

1-11     consanguinity to the biological mother of the child, if the

1-12     biological mother of the child is deceased;

1-13                 (3)  a man presumed to be the father of the child, who

1-14     may contest his own or another man's presumed paternity;

1-15                 (4) [(3)]  a man alleging himself to be the biological

1-16     father of the child; or

1-17                 (5) [(4)]  a governmental entity, authorized agency, or

1-18     a licensed child-placing agency.

1-19           SECTION 2.  Section 160.110(g), Family Code, is amended to

1-20     read as follows:

1-21           (g)  A suit contesting a presumption that a man is the

1-22     biological father of a child may be filed at any time during the

1-23     minority of the child by:

1-24                 (1)  the biological mother of the child;

 2-1                 (2)  a person related within the second degree of

 2-2     consanguinity to the biological mother of the child, if the

 2-3     biological mother of the child is deceased;

 2-4                 (3)  a presumed father; or

 2-5                 (4) [(3)]  a governmental entity, authorized agency, or

 2-6     licensed child-placing agency.

 2-7           SECTION 3.  This Act takes effect September 1, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.