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.