AN ACT
1-1 relating to the validity of certain orders affecting the
1-2 parent-child relationship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 162.012, Family Code, is
1-5 amended to read as follows:
1-6 (a) Notwithstanding Rule 329, Texas Rules of Civil
1-7 Procedure, the [The] validity of an adoption order is not subject
1-8 to attack after six months after [the second anniversary of] the
1-9 date the order was signed [rendered].
1-10 SECTION 2. Subchapter C, Chapter 161, Family Code, is
1-11 amended by adding Section 161.211 to read as follows:
1-12 Sec. 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION
1-13 ORDER. (a) Notwithstanding Rule 329, Texas Rules of Civil
1-14 Procedure, the validity of an order terminating the parental rights
1-15 of a person who has been personally served or who has executed an
1-16 affidavit of relinquishment of parental rights or an affidavit of
1-17 waiver of interest in a child is not subject to collateral or
1-18 direct attack after the sixth month after the date the order was
1-19 signed.
1-20 (b) Notwithstanding Rule 329, Texas Rules of Civil
1-21 Procedure, the validity of an order terminating the parental rights
1-22 of a person who is served by citation by publication is not subject
1-23 to collateral or direct attack after the sixth month after the date
2-1 the order was signed.
2-2 (c) A direct or collateral attack on an order terminating
2-3 parental rights based on an unrevoked affidavit of relinquishment
2-4 of parental rights or affidavit of waiver of interest in a child is
2-5 limited to issues relating to fraud, duress, or coercion in the
2-6 execution of the affidavit.
2-7 SECTION 3. This Act takes effect September 1, 1997. This
2-8 Act applies only to an adoption order or order terminating parental
2-9 rights signed on or after the effective date of this Act. An
2-10 adoption order or order terminating parental rights signed before
2-11 the effective date of this Act is governed by the law as it existed
2-12 before the effective date of this Act, and that law is continued in
2-13 effect for that purpose.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 52 passed the Senate on
March 24, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 52 passed the House, with
amendment, on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor