1-1     By:  Turner of Harris (Senate Sponsor - West)          H.B. No. 638
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to contesting a voluntary statement of paternity or
 1-9     acknowledgment of paternity.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 160.007(a), Family Code, is amended to
1-12     read as follows:
1-13           (a)  Except as provided by Subsection (b) or Section 160.217,
1-14     a suit under this chapter with respect to a child is barred if
1-15     final judgment has been rendered by a court of competent
1-16     jurisdiction:
1-17                 (1)  adjudicating a named individual to be the
1-18     biological father of the child; [or]
1-19                 (2)  terminating the parent-child relationship between
1-20     the child and each living parent of the child; or
1-21                 (3)  granting a petition for the adoption of the child.
1-22           SECTION 2. Section 160.207(a), Family Code, is amended to
1-23     read as follows:
1-24           (a)  A person who may contest a presumption of paternity
1-25     under Section 160.101 may contest an acknowledgment of paternity or
1-26     a denial of paternity by filing a suit affecting the parent-child
1-27     relationship.  A suit to contest an acknowledgment of paternity or
1-28     a denial of paternity that is filed after the time for a suit to
1-29     rescind under Section 160.206 may be filed only on the basis of
1-30     fraud, duress, or material mistake of fact.  For purposes of this
1-31     subsection, evidence that a man is excluded as the father of a
1-32     child based on scientifically accepted parentage testing
1-33     constitutes a material mistake of fact. The party challenging the
1-34     acknowledgment of paternity or the denial of paternity has the
1-35     burden of proof.
1-36           SECTION 3. Subchapter C, Chapter 160, Family Code, is amended
1-37     by adding Section 160.217 to read as follows:
1-38           Sec. 160.217.  SUIT TO CONTEST VOLUNTARY STATEMENT OF
1-39     PATERNITY. (a)  A man who executed a voluntary statement of
1-40     paternity before September 1, 1999, and who, on the basis of that
1-41     statement, is the subject of a final order declaring him to be a
1-42     parent of the child who is the subject of the statement may file a
1-43     suit affecting the parent-child relationship to contest the
1-44     statement on the basis of fraud, duress, or material mistake of
1-45     fact in the same manner that a person may contest an acknowledgment
1-46     of paternity under Sections 160.207 and 160.208.  For purposes of
1-47     this subsection, evidence that a man is excluded as the father of a
1-48     child based on scientifically accepted parentage testing
1-49     constitutes a material mistake of fact.
1-50           (b)  A suit filed under this section to contest a voluntary
1-51     statement of paternity is not affected by an order with respect to
1-52     the child that was rendered on the basis of that statement.
1-53           (c)  The court, on a preliminary finding in a suit under this
1-54     section that there is credible evidence of fraud, duress, or
1-55     material mistake of fact regarding the execution of the voluntary
1-56     statement of paternity, shall order scientifically accepted
1-57     parentage testing as provided by Section 160.102. The person
1-58     contesting the voluntary statement of paternity shall pay the cost
1-59     of the testing.
1-60           (d)  Except as provided by Subsection (e), if the court finds
1-61     that at least 99 percent of the male population is excluded by the
1-62     test ordered under Subsection (c) and that the man who executed the
1-63     voluntary statement of paternity is excluded from the possibility
1-64     of being the child's father, the court shall set aside:
 2-1                 (1)  the final order declaring the man to be a parent
 2-2     of the child; and
 2-3                 (2)  any other order with respect to the child that was
 2-4     rendered on the basis of the voluntary statement of paternity.
 2-5           (e)  The court may not set aside under Subsection (d) a final
 2-6     order declaring a man to be a parent of a child if the man who
 2-7     executed the voluntary statement of paternity:
 2-8                 (1)  executed the statement knowing that he was not the
 2-9     father of the child; or
2-10                 (2)  subsequently adopted the child.
2-11           (f)  If the court sets aside a final order as provided by
2-12     Subsection (d), the court shall order the bureau of vital
2-13     statistics to amend the birth record of the child.  The court may
2-14     not as a result of the order being set aside:
2-15                 (1)  require an obligee to repay child support paid by
2-16     the man who executed the voluntary statement of paternity; or
2-17                 (2)  award damages to the man who executed the
2-18     voluntary statement of paternity.
2-19           (g)  A suit under this section must be filed before September
2-20     1, 2003.
2-21           (h)  This section expires September 1, 2004.
2-22           SECTION 4.  The change in law made by Section 160.217, Family
2-23     Code, as added by this Act, applies to a suit affecting the
2-24     parent-child relationship commenced on or after the effective date
2-25     of this Act and before September 1, 2003.  A suit commenced before
2-26     September 1, 2003, that is pending on or after September 1, 2004,
2-27     is governed by Section 160.217, Family Code, as that section
2-28     existed on the date the suit was filed, and that law is continued
2-29     in effect for that purpose.
2-30           SECTION 5. The change in law made by Section 160.207, Family
2-31     Code, as amended by this Act, applies to a suit affecting the
2-32     parent-child relationship commenced on or after the effective date
2-33     of this Act.  A suit affecting the parent-child relationship
2-34     commenced before the effective date of this Act is governed by the
2-35     law in effect on the date the suit was filed, and the former law is
2-36     continued in effect for that purpose.
2-37           SECTION 6. This Act takes effect September 1, 2001.
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