SRC-GSM, VRA S.B. 1807 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1807
By: Harris (Dutton)
Jurisprudence
8/28/2003
Enrolled


DIGEST AND PURPOSE 

In 2002, the National Conference of Commissioners on Uniform State Laws
authorized certain changes to the Uniform Parentage Act to address
concerns regarding the treatment of a child of unmarried parents equally
with a child of married parents.  S.B. 1807 adds new provisions to current
Texas law relating to the presumption of paternity. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 160.204, Family Code, as follows:

Sec.  160.204.  New heading:  PRESUMPTION OF PATERNITY.  Adds a new
subdivision to provide that a man is presumed to be the father of a child
if during the first two years of the child's life, he continuously resided
in the household in which the child resided and he represented to others
that the child was his own.  

SECTION 2.  Amends Section 160.301, Family Code, to authorize the mother
of a child and a man claiming to be the biological father of the child,
rather than the father of the child conceived as the result of sexual
intercourse with the mother, to sign an acknowledgment of paternity with
the intent to establish the man's paternity.  

SECTION 3.  Amends Section 160.602, Family Code, as follows:

 (a)  Creates this subsection from existing text.  Makes a conforming
change. 

(b)  Provides that a proceeding to adjudicate the parentage of an adult
child, after the date a child having no presumed, acknowledged, or
adjudicated father becomes an adult, may only be maintained by the adult
child.   

SECTION 4.  Amends Section 160.607(b), Family Code, to make a conforming
change. 

SECTION 5.  Amends Section 160.608, Family Code, by amending Subsection
(a) and adding Subsection (f), as follows: 

 (a)  Deletes reference in existing text.

(f)  Provides that this section applies to a proceeding to rescind or
challenge an acknowledgment of paternity or denial of paternity as
provided by Section 160.309(d). 

SECTION 6.  Makes application of this Act prospective.
 
SECTION 7.  Effective date:  September 1, 2003.