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