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