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AN ACT
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relating to the requirements for an affidavit of voluntary |
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relinquishment of parental rights and to the inheritance rights of |
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certain parents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.103(b), Family Code, is amended to |
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read as follows: |
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(b) The affidavit must contain: |
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(1) the name, county of residence [address], and age |
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of the parent whose parental rights are being relinquished; |
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(2) the name, age, and birth date of the child; |
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(3) the names and addresses of the guardians of the |
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person and estate of the child, if any; |
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(4) a statement that the affiant is or is not presently |
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obligated by court order to make payments for the support of the |
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child; |
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(5) a full description and statement of value of all |
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property owned or possessed by the child; |
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(6) an allegation that termination of the parent-child |
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relationship is in the best interest of the child; |
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(7) one of the following, as applicable: |
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(A) the name and county of residence [address] of |
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the other parent; |
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(B) a statement that the parental rights of the |
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other parent have been terminated by death or court order; or |
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(C) a statement that the child has no presumed |
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father and that an affidavit of status of the child has been |
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executed as provided by this chapter; |
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(8) a statement that the parent has been informed of |
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parental rights and duties; |
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(9) a statement that the relinquishment is revocable, |
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that the relinquishment is irrevocable, or that the relinquishment |
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is irrevocable for a stated period of time; |
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(10) if the relinquishment is revocable, a statement |
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in boldfaced type concerning the right of the parent signing the |
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affidavit to revoke the relinquishment only if the revocation is |
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made before the 11th day after the date the affidavit is executed; |
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(11) if the relinquishment is revocable, the name and |
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address of a person to whom the revocation is to be delivered; and |
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(12) the designation of a prospective adoptive parent, |
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the Department of Family and Protective [and Regulatory] Services, |
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if the department has consented in writing to the designation, or a |
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licensed child-placing agency to serve as managing conservator of |
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the child and the address of the person or agency. |
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SECTION 2. Section 41, Texas Probate Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) Parent-Child Relationship. A probate court may declare |
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that the parent of a child under 18 years of age may not inherit from |
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or through the child under the laws of descent and distribution if |
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the court finds by clear and convincing evidence that the parent |
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has: |
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(1) voluntarily abandoned and failed to support the |
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child in accordance with the parent's obligation or ability for at |
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least three years before the date of the child's death, and did not |
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resume support for the child before that date; |
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(2) voluntarily and with knowledge of the pregnancy, |
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abandoned the mother of the child beginning at a time during her |
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pregnancy with the child and continuing through the birth, failed |
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to provide adequate support or medical care for the mother during |
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the period of abandonment before the birth of the child, and |
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remained apart from and failed to support the child since birth; or |
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(3) been convicted or has been placed on community |
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supervision, including deferred adjudication community |
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supervision, for being criminally responsible for the death or |
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serious injury of a child under the following sections of the Penal |
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Code or adjudicated under Title 3, Family Code, for conduct that |
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caused the death or serious injury of a child and that would |
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constitute a violation of one of the following sections of the Penal |
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Code: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 19.04 (manslaughter); |
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(D) Section 21.11 (indecency with a child); |
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(E) Section 22.01 (assault); |
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(F) Section 22.011 (sexual assault); |
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(G) Section 22.02 (aggravated assault); |
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(H) Section 22.021 (aggravated sexual assault); |
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(I) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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(J) Section 22.041 (abandoning or endangering |
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child); |
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(K) Section 25.02 (prohibited sexual conduct); |
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(L) Section 43.25 (sexual performance by a |
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child); or |
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(M) Section 43.26 (possession or promotion of |
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child pornography). |
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(f) Treatment of Certain Relationships. On a determination |
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that the parent of a child may not inherit from or through the child |
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under Subsection (e) of this section, the parent shall be treated as |
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if the parent predeceased the child for purposes of: |
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(1) inheritance under the laws of descent and |
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distribution; and |
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(2) any other cause of action based on parentage. |
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SECTION 3. The change in law made by this Act applies only |
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to an affidavit of voluntary relinquishment of parental rights |
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executed on or after the effective date of this Act. An affidavit |
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executed before the effective date of this Act is governed by the |
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law in effect on the date the affidavit was executed, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. Notwithstanding Section 3 of this Act, the |
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changes in law made by this Act to Section 41, Texas Probate Code, |
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apply only to the estate of a person who dies on or after the |
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effective date of this Act. An estate of a person who dies before |
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the effective date of this Act is covered by the law in effect on the |
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date of the person's death, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 568 was passed by the House on May 1, |
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2007, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 568 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 568 on May 27, 2007, by the following vote: Yeas 140, |
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Nays 1, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 568 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 30, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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568 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |