By Turner of Harris H.B. No. 638
77R1295 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to terminating or contesting the parent-child relationship
1-3 of certain parents.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 160.207, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 160.207. SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. (a)
1-8 A person who may contest a presumption of paternity under Section
1-9 160.101 may contest an acknowledgment of paternity or a denial of
1-10 paternity by filing a suit affecting the parent-child relationship.
1-11 A suit to contest an acknowledgment of paternity or a denial of
1-12 paternity under this subsection that is filed after the time for a
1-13 suit to rescind under Section 160.206 may be filed only on the
1-14 basis of fraud, duress, or material mistake of fact. [The party
1-15 challenging the acknowledgment of paternity or the denial of
1-16 paternity has the burden of proof.]
1-17 (b) Either parent may contest an acknowledgment of paternity
1-18 executed under this subchapter by filing a suit affecting the
1-19 parent-child relationship if:
1-20 (1) a signed acknowledgment of paternity is filed with
1-21 the bureau of vital statistics; and
1-22 (2) after the filing of the acknowledgment of
1-23 paternity, the father has been excluded as the father of the child
1-24 through scientifically accepted parentage testing that meets the
2-1 requirements of Section 160.103.
2-2 (c) A suit to contest an acknowledgment of paternity or a
2-3 denial of paternity shall be conducted in the same manner as a
2-4 proceeding to determine parentage under this chapter. The party
2-5 challenging the acknowledgment of paternity or the denial of
2-6 paternity has the burden of proof.
2-7 (d) [(c)] A person must bring suit to contest an
2-8 acknowledgment of paternity or a denial of paternity under
2-9 Subsection (a) not later than the fourth anniversary of the date
2-10 the acknowledgment of paternity or the denial of paternity is filed
2-11 with the bureau of vital statistics.
2-12 (e) [(d)] A suit to contest an unrescinded acknowledgment of
2-13 paternity under Subsection (a) may not be filed after the date a
2-14 court has rendered an order, including a child support order, based
2-15 on the acknowledgment of paternity.
2-16 (f) [(e)] Notwithstanding any other provision of this
2-17 chapter, a collateral attack on an acknowledgment of paternity
2-18 executed under this subchapter may not be filed under Subsection
2-19 (a) after the fourth anniversary of the date the acknowledgment of
2-20 paternity is filed with the bureau of vital statistics.
2-21 (g) A person may bring a suit to contest an acknowledgment
2-22 of paternity or a denial of paternity under Subsection (b) at any
2-23 time.
2-24 SECTION 2. Section 161.005, Family Code, is amended by
2-25 amending Subsection (b) and adding Subsection (c) to read as
2-26 follows:
2-27 (b) Either parent may file a suit for termination of the
3-1 parent-child relationship of a father who executed a voluntary
3-2 statement of paternity before September 1, 1999. Notwithstanding
3-3 Subsection (a), the court shall order termination in a suit filed
3-4 under this subsection if the court finds that the father:
3-5 (1) executed a statement of paternity before September
3-6 1, 1999, and, on the basis of that statement, is the subject of a
3-7 final order declaring him to be a parent of the child; and
3-8 (2) after executing the statement of paternity, has
3-9 been excluded as the father of the child through scientifically
3-10 accepted parentage testing that meets the requirements of Section
3-11 160.103.
3-12 (c) If the petition designates the Department of Protective
3-13 and Regulatory Services as managing conservator, the department
3-14 shall be given service of citation. The court shall notify the
3-15 department if the court appoints the department as the managing
3-16 conservator of the child.
3-17 SECTION 3. This Act takes effect September 1, 2001, and
3-18 applies to a suit affecting the parent-child relationship commenced
3-19 on or after that date. A suit affecting the parent-child
3-20 relationship commenced before the effective date of this Act is
3-21 governed by the law in effect on the date the suit was filed, and
3-22 the former law is continued in effect for that purpose.