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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for rescinding or challenging an |
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acknowledgment or denial of paternity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 160.302, Family Code, is |
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amended to read as follows: |
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(a) An acknowledgment of paternity must: |
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(1) be in a record; |
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(2) be signed, or otherwise authenticated, under |
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penalty of perjury by the mother and the man seeking to establish |
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paternity; |
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(3) state that the child whose paternity is being |
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acknowledged: |
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(A) does not have a presumed father or has a |
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presumed father whose full name is stated; and |
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(B) does not have another acknowledged or |
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adjudicated father; |
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(4) state whether there has been genetic testing and, |
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if so, that the acknowledging man's claim of paternity is |
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consistent with the results of the testing; and |
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(5) state that the signatories understand that the |
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acknowledgment is the equivalent of a judicial adjudication of the |
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paternity of the child and that a challenge to the acknowledgment is |
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permitted only under limited circumstances [and is barred after
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four years]. |
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SECTION 2. Section 160.306, Family Code, is amended to read |
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as follows: |
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Sec. 160.306. FILING FEE NOT REQUIRED. The bureau of vital |
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statistics may not charge a fee for filing: |
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(1) an acknowledgment of paternity; |
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(2) a [or] denial of paternity; or |
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(3) a rescission of an acknowledgment of paternity or |
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denial of paternity. |
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SECTION 3. Section 160.307, Family Code, is amended to read |
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as follows: |
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Sec. 160.307. [PROCEEDING FOR] RESCISSION. (a) A |
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signatory may rescind an acknowledgment of paternity or denial of |
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paternity by filing a completed rescission under Subsection (b), |
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accompanied by the signed return receipts from each person required |
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to be notified under Subsection (b)(2), [commencing a proceeding to
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rescind] before the earlier of: |
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(1) the 60th day after the effective date of the |
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acknowledgment or denial, as provided by Section 160.304; or |
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(2) the date of the first hearing in a proceeding to |
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which the signatory is a party before a court to adjudicate an issue |
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relating to the child, including a proceeding that establishes |
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child support. |
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(b) A signatory seeking to rescind an acknowledgment of |
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paternity or denial of paternity must file with the bureau of vital |
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statistics a completed rescission, on the form prescribed under |
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Section 160.312, in which the signatory declares under penalty of |
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perjury that: |
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(1) as of the date the rescission is filed, a court |
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hearing has not been held in a proceeding affecting the child |
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identified in the acknowledgment of paternity or denial of |
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paternity, including a proceeding to establish child support; |
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(2) a copy of the completed rescission was sent by |
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certified or registered mail, return receipt requested, to: |
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(A) if the rescission is of an acknowledgment of |
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paternity, the other signatory of the acknowledgment of paternity |
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and the signatory of any related denial of paternity; or |
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(B) if the rescission is of a denial of |
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paternity, both signatories of the acknowledgment of paternity; and |
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(3) if the acknowledgment of paternity or denial of |
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paternity to be rescinded is filed in connection with a Title IV-D |
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case, a copy of the completed rescission was sent by certified or |
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registered mail to the Title IV-D agency. |
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(c) On receipt of a completed rescission, accompanied by the |
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signed return receipts from each person required to be notified |
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under Subsection (b)(2), the bureau of vital statistics shall void |
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the acknowledgment of paternity or denial of paternity affected by |
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the rescission and amend the birth record of the child, if |
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appropriate. |
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(d) Any party affected by the rescission, including the |
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Title IV-D agency, may contest the rescission by filing a |
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proceeding not later than the 60th day after the date on which the |
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rescission is filed with the bureau of vital statistics. |
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SECTION 4. Section 160.308, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) After the period for rescission under Section 160.307 |
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has expired, a signatory of an acknowledgment of paternity or |
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denial of paternity may commence a proceeding to challenge the |
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acknowledgment or denial only on the basis of fraud, duress, or |
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material mistake of fact. Except as provided by Subsection (e), |
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the [The] proceeding must be commenced before the fourth |
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anniversary of the date the acknowledgment or denial is filed with |
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the bureau of vital statistics unless the signatory was a minor on |
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the date the signatory executed the acknowledgment or denial. If |
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the signatory was a minor on the date the signatory executed the |
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acknowledgment or denial, the proceeding must be commenced before |
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the earlier of the fourth anniversary of the date of: |
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(1) the signatory's 18th birthday; or |
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(2) the removal of the signatory's disabilities of |
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minority by court order, marriage, or by other operation of law. |
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(e) A proceeding authorized by Subsection (a) may be |
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commenced after the applicable deadline specified by that |
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subsection if, as of the date the proceeding is commenced, a court |
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has not rendered an order affecting the child identified in the |
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acknowledgment or denial of paternity, including an order relating |
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to support of the child. |
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SECTION 5. Section 160.309, Family Code, is amended to read |
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as follows: |
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Sec. 160.309. PROCEDURE FOR CONTEST OF RESCISSION OR |
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CHALLENGE. (a) Each signatory to an acknowledgment of paternity |
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and any related denial of paternity must be made a party to a |
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proceeding to contest a rescission of [rescind] or challenge the |
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acknowledgment or denial of paternity. |
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(b) For purposes of the contest of the rescission of or [a] |
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challenge to an acknowledgment of paternity or denial of paternity, |
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a signatory submits to the personal jurisdiction of this state by |
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signing the acknowledgment or denial. The jurisdiction is |
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effective on the filing of the document with the bureau of vital |
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statistics. |
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(c) Except for good cause shown, while a proceeding is |
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pending to contest a rescission of [rescind] or challenge an |
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acknowledgment of paternity or a denial of paternity, the court may |
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not suspend the legal responsibilities of a signatory arising from |
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the acknowledgment, including the duty to pay child support. |
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(d) A proceeding to contest a rescission of [rescind] or |
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[to] challenge an acknowledgment of paternity or a denial of |
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paternity shall be conducted in the same manner as a proceeding to |
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adjudicate parentage under Subchapter G. |
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(e) At the conclusion of a proceeding to contest a |
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rescission of [rescind] or challenge an acknowledgment of paternity |
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or a denial of paternity, the court shall order the bureau of vital |
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statistics to amend the birth record of the child, if appropriate. |
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SECTION 6. Section 160.312, Family Code, is amended to read |
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as follows: |
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Sec. 160.312. FORMS [FOR ACKNOWLEDGMENT AND DENIAL OF
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PATERNITY]. (a) To facilitate compliance with this subchapter, |
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the bureau of vital statistics shall prescribe forms for the: |
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(1) acknowledgment of paternity; |
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(2) [and the] denial of paternity; and |
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(3) rescission of an acknowledgment or denial of |
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paternity. |
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(b) A valid acknowledgment of paternity, [or] denial of |
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paternity, or rescission of an acknowledgment or denial of |
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paternity is not affected by a later modification of the prescribed |
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form. |
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SECTION 7. Section 160.313, Family Code, is amended to read |
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as follows: |
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Sec. 160.313. RELEASE OF INFORMATION. The bureau of vital |
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statistics may release information relating to the acknowledgment |
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or denial of paternity or rescission of the acknowledgment or |
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denial of paternity to a signatory of the acknowledgment, [or] |
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denial, or rescission and to the courts and Title IV-D agency of |
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this or another state. |
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SECTION 8. Subsection (a), Section 160.609, Family Code, is |
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amended to read as follows: |
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(a) If a child has an acknowledged father, a signatory to |
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the acknowledgment or denial of paternity may commence a proceeding |
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to contest the rescission of [seeking to rescind] the |
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acknowledgment or denial or to challenge the paternity of the child |
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only within the time allowed under Section 160.307 or 160.308. |
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SECTION 9. The changes in law made by this Act apply only to |
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an acknowledgment or denial of paternity that becomes effective on |
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or after the effective date of this Act. An acknowledgment or |
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denial of paternity that became effective before the effective date |
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of this Act is governed by the law in effect at the time the |
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acknowledgment or denial of paternity became effective, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2009. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend S.B. 232 (engrossed version) in SECTION 3 of the bill, |
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in amended Section 160.307, Family Code, by striking added |
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Subsection (d). |
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Jackson |