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A BILL TO BE ENTITLED
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AN ACT
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relating to circumstances involving extrinsic fraud in |
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establishment of paternity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 160, Family Code, is |
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amended by adding Section 160.107 to read as follows: |
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Sec. 160.107. PATERNITY ORDER BASED ON EXTRINSIC FRAUD. A |
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person identified in a court order as the father of a child who |
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demonstrates that the order was obtained by fraudulent |
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representations made by the child's mother to induce the person |
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into believing that the person was the child's father satisfies any |
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requirement in law that the person demonstrate the existence of |
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extrinsic fraud in order to be entitled to equitable relief from the |
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order through a bill of review or other judicial action. |
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SECTION 2. Section 160.107, Family Code, as added by this |
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Act, applies to any order identifying a person as the father of a |
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child, regardless of the date on which the order was rendered. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |