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.
1-48 * * * * *