1-1           By:  Shapiro                                      S.B. No. 52

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 11, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; March 11, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 52                      By:  Luna

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the validity of certain orders affecting the

1-11     parent-child relationship.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (a), Section 162.012, Family Code, is

1-14     amended to read as follows:

1-15           (a)  The validity of an adoption order is not subject to

1-16     attack after six months after [the second anniversary of] the date

1-17     the order was signed [rendered].

1-18           SECTION 2.  Subchapter C, Chapter 161, Family Code, is

1-19     amended by adding Section 161.211 to read as follows:

1-20           Sec. 161.211.  DIRECT OR COLLATERAL ATTACK ON TERMINATION

1-21     ORDER.  (a)  The validity of an order terminating the parental

1-22     rights of a person who has been personally served or who has

1-23     executed an affidavit of relinquishment of parental rights or an

1-24     affidavit of waiver of interest in a child is not subject to

1-25     collateral or direct attack after the sixth month after the date

1-26     the order was signed.

1-27           (b)  The validity of an order terminating the parental rights

1-28     of a person who is served by citation by publication is not subject

1-29     to collateral or direct attack after the sixth month of the date

1-30     the order was signed.

1-31           (c)  A direct or collateral attack on an order terminating

1-32     parental rights based on an unrevoked affidavit of relinquishment

1-33     of parental rights or affidavit of waiver of interest in a child is

1-34     limited to issues relating to fraud, duress, or coercion in the

1-35     execution of the affidavit.

1-36           SECTION 3.  This Act takes effect September 1, 1997.  This

1-37     Act applies only to an adoption order or order terminating parental

1-38     rights signed on or after the effective date of this Act.  An

1-39     adoption order or order terminating parental rights signed before

1-40     the effective date of this Act is governed by the law as it existed

1-41     before the effective date of this Act, and that law is continued in

1-42     effect for that purpose.

1-43           SECTION 4.  The importance of this legislation and the

1-44     crowded condition of the calendars in both houses create an

1-45     emergency and an imperative public necessity that the

1-46     constitutional rule requiring bills to be read on three several

1-47     days in each house be suspended, and this rule is hereby suspended.

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