By Reyna of Bexar                                      H.B. No. 468
         76R234 CMR-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a direct or collateral attack on the validity of
 1-3     certain orders affecting the parent-child relationship.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 161.211, Family Code, as added by
 1-6     Chapters 600 and 601,  Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended to read as follows:
 1-8           Sec. 161.211.  DIRECT OR COLLATERAL ATTACK ON TERMINATION
 1-9     ORDER.  (a) Notwithstanding Rule 329, Texas Rules of Civil
1-10     Procedure, the validity of an order terminating the parental rights
1-11     of a person who has been personally served or who has executed an
1-12     affidavit of relinquishment of parental rights or an affidavit of
1-13     waiver of interest in a child [or whose rights have been terminated
1-14     under Section 161.002(b)] is not subject to collateral or direct
1-15     attack after the sixth month after the date the order was [signed]
1-16     rendered.
1-17           (b)  Notwithstanding Rule 329, Texas Rules of Civil
1-18     Procedure, the validity of an order terminating the parental rights
1-19     of a person who is served by citation by publication or whose
1-20     rights have been terminated under Section 161.002(b) is not subject
1-21     to collateral or direct attack after the second anniversary of
1-22     [sixth month after] the date the order was [signed] rendered.
1-23           (c)  A direct or collateral attack on an order terminating
1-24     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 2.  Section 162.012, Family Code, is amended to read
 2-5     as follows:
 2-6           Sec. 162.012.  DIRECT OR COLLATERAL ATTACK.  (a)
 2-7     Notwithstanding Rule 329, Texas Rules of Civil Procedure, the
 2-8     validity of an adoption order is not subject to attack after six
 2-9     months after the date the order was rendered if the order was made
2-10     after or in conjunction with termination of a person's parental
2-11     rights after:
2-12                 (1)  personal service on the person; or
2-13                 (2)  execution of an affidavit of relinquishment of
2-14     parental rights or an affidavit of waiver of interest in a child by
2-15     the person [signed].
2-16           (b)  Notwithstanding Rule 329, Texas Rules of Civil
2-17     Procedure, the validity of an adoption order is not subject to
2-18     attack after the second anniversary of the date the adoption order
2-19     was rendered if the order was made after or in conjunction with
2-20     termination of the parental rights of a person:
2-21                 (1)  for whom service of citation was made by
2-22     publication; or
2-23                 (2)  whose rights have been terminated under Section
2-24     161.002(b).
2-25           (c)  The validity of a final adoption order is not subject to
2-26     attack because a health, social, educational, and genetic history
2-27     was not filed.
 3-1           SECTION 3.  This Act takes effect September 1, 1999, and
 3-2     applies only to an adoption order or order terminating parental
 3-3     rights rendered on or after that date.  An adoption order or order
 3-4     terminating parental rights rendered before the effective date of
 3-5     this Act is governed by the law in effect on the date the order was
 3-6     rendered, and the former law is continued in effect for that
 3-7     purpose.
 3-8           SECTION 4.  The importance of this legislation and the
 3-9     crowded condition of the calendars in both houses create an
3-10     emergency and an imperative public necessity that the
3-11     constitutional rule requiring bills to be read on three several
3-12     days in each house be suspended, and this rule is hereby suspended.