By: Shapiro S.B. No. 52
A BILL TO BE ENTITLED
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) The validity of an adoption order is not subject to
1-7 attack after six months after [the second anniversary of] the date
1-8 the order was signed [rendered].
1-9 SECTION 2. Subchapter C, Chapter 161, Family Code, is
1-10 amended by adding Section 161.211 to read as follows:
1-11 Sec. 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION
1-12 ORDER. (a) The validity of an order terminating the parental
1-13 rights of a person who has been personally served or who has
1-14 executed an affidavit of relinquishment of parental rights or an
1-15 affidavit of waiver of interest in a child is not subject to
1-16 collateral or direct attack after the sixth month after the date
1-17 the order was signed.
1-18 (b) The validity of an order terminating the parental rights
1-19 of a person who is served by citation by publication is not subject
1-20 to collateral or direct attack after the sixth month of the date
1-21 the order was signed.
1-22 (c) A direct or collateral attack on an order terminating
1-23 parental rights based on an unrevoked affidavit of relinquishment
2-1 of parental rights or affidavit of waiver of interest in a child is
2-2 limited to issues relating to fraud, duress, or coercion in the
2-3 execution of the affidavit.
2-4 SECTION 3. This Act takes effect September 1, 1997. This
2-5 Act applies only to an adoption order or order terminating parental
2-6 rights signed on or after the effective date of this Act. An
2-7 adoption order or order terminating parental rights signed before
2-8 the effective date of this Act is governed by the law as it existed
2-9 before the effective date of this Act, and that law is continued in
2-10 effect for that purpose.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 COMMITTEE AMENDMENT NO. 1
2-17 Amend S.B. No. 52, in SECTION 1 of the bill, subsection (a),
2-18 and SECTION 2 of the bill, subsection (a) and (b) by adding the
2-19 words "Notwithstanding Rule 329, Texas Rules of Civil Procedure,
2-20 the" and striking the word "The" before the word "validity".
2-21 Reyna of Bexar