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                                  * * * * *