1-1 By: West (Senate Sponsor - Bivins) H.B. No. 1751
1-2 (In the Senate - Received from the House May 7, 1997;
1-3 May 8, 1997, read first time and referred to Committee on
1-4 Jurisprudence; May 17, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain individuals who may bring a suit to contest the
1-9 paternity of a child.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 160.101(a), Family Code, is amended to
1-12 read as follows:
1-13 (a) The presumption that a man is the biological father of a
1-14 child under Chapter 151 may be contested by:
1-15 (1) the biological mother of the child;
1-16 (2) a person related within the second degree of
1-17 consanguinity to the biological mother of the child, if the
1-18 biological mother of the child is deceased;
1-19 (3) a man presumed to be the father of the child, who
1-20 may contest his own or another man's presumed paternity;
1-21 (4) [(3)] a man alleging himself to be the biological
1-22 father of the child; or
1-23 (5) [(4)] a governmental entity, authorized agency, or
1-24 a licensed child-placing agency.
1-25 SECTION 2. Section 160.110(g), Family Code, is amended to
1-26 read as follows:
1-27 (g) A suit contesting a presumption that a man is the
1-28 biological father of a child may be filed at any time during the
1-29 minority of the child by:
1-30 (1) the biological mother of the child;
1-31 (2) a person related within the second degree of
1-32 consanguinity to the biological mother of the child, if the
1-33 biological mother of the child is deceased;
1-34 (3) a presumed father; or
1-35 (4) [(3)] a governmental entity, authorized agency, or
1-36 licensed child-placing agency.
1-37 SECTION 3. This Act takes effect September 1, 1997.
1-38 SECTION 4. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *