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.