|
|
|
|
AN ACT
|
|
relating to determinations of paternity; creating an offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsection (a), Section 160.302, Family Code, is |
|
amended to read as follows: |
|
(a) An acknowledgment of paternity must: |
|
(1) be in a record; |
|
(2) be signed, or otherwise authenticated, under |
|
penalty of perjury by the mother and the man seeking to establish |
|
paternity; |
|
(3) state that the child whose paternity is being |
|
acknowledged: |
|
(A) does not have a presumed father or has a |
|
presumed father whose full name is stated; and |
|
(B) does not have another acknowledged or |
|
adjudicated father; |
|
(4) state whether there has been genetic testing and, |
|
if so, that the acknowledging man's claim of paternity is |
|
consistent with the results of the testing; and |
|
(5) state that the signatories understand that the |
|
acknowledgment is the equivalent of a judicial adjudication of the |
|
paternity of the child and that a challenge to the acknowledgment is |
|
permitted only under limited circumstances [and is barred after
|
|
four years]. |
|
SECTION 2. Section 160.306, Family Code, is amended to read |
|
as follows: |
|
Sec. 160.306. FILING FEE NOT REQUIRED. The bureau of vital |
|
statistics may not charge a fee for filing: |
|
(1) an acknowledgment of paternity; |
|
(2) a [or] denial of paternity; or |
|
(3) a rescission of an acknowledgment of paternity or |
|
denial of paternity. |
|
SECTION 3. Section 160.307, Family Code, is amended to read |
|
as follows: |
|
Sec. 160.307. PROCEDURES [PROCEEDING] FOR RESCISSION. (a) |
|
A signatory may rescind an acknowledgment of paternity or denial of |
|
paternity as provided by this section [by commencing a proceeding
|
|
to rescind] before the earlier of: |
|
(1) the 60th day after the effective date of the |
|
acknowledgment or denial, as provided by Section 160.304; or |
|
(2) the date [of the first hearing in] a proceeding to |
|
which the signatory is a party is initiated before a court to |
|
adjudicate an issue relating to the child, including a proceeding |
|
that establishes child support. |
|
(b) A signatory seeking to rescind an acknowledgment of |
|
paternity or denial of paternity must file with the bureau of vital |
|
statistics a completed rescission, on the form prescribed under |
|
Section 160.312, in which the signatory declares under penalty of |
|
perjury that: |
|
(1) as of the date the rescission is filed, a |
|
proceeding has not been held affecting the child identified in the |
|
acknowledgment of paternity or denial of paternity, including a |
|
proceeding to establish child support; |
|
(2) a copy of the completed rescission was sent by |
|
certified or registered mail, return receipt requested, to: |
|
(A) if the rescission is of an acknowledgment of |
|
paternity, the other signatory of the acknowledgment of paternity |
|
and the signatory of any related denial of paternity; or |
|
(B) if the rescission is of a denial of |
|
paternity, the signatories of the related acknowledgment of |
|
paternity; and |
|
(3) if a signatory to the acknowledgment of paternity |
|
or denial of paternity is receiving services from the Title IV-D |
|
agency, a copy of the completed rescission was sent by certified or |
|
registered mail to the Title IV-D agency. |
|
(c) On receipt of a completed rescission, the bureau of |
|
vital statistics shall void the acknowledgment of paternity or |
|
denial of paternity affected by the rescission and amend the birth |
|
record of the child, if appropriate. |
|
(d) Any party affected by the rescission, including the |
|
Title IV-D agency, may contest the rescission by bringing a |
|
proceeding under Subchapter G to adjudicate the parentage of the |
|
child. |
|
SECTION 4. Subsections (a) and (c), Section 160.308, Family |
|
Code, are amended to read as follows: |
|
(a) After the period for rescission under Section 160.307 |
|
has expired, a signatory of an acknowledgment of paternity or |
|
denial of paternity may commence a proceeding to challenge the |
|
acknowledgment or denial only on the basis of fraud, duress, or |
|
material mistake of fact. The proceeding may [must] be commenced |
|
at any time before the issuance of an order affecting the child |
|
identified in [fourth anniversary of the date] the acknowledgment |
|
or denial, including an order relating to support of the child [is
|
|
filed with the bureau of vital statistics unless the signatory was a
|
|
minor on the date the signatory executed the acknowledgment or
|
|
denial. If the signatory was a minor on the date the signatory
|
|
executed the acknowledgment or denial, the proceeding must be
|
|
commenced before the earlier of the fourth anniversary of the date
|
|
of:
|
|
[(1) the signatory's 18th birthday; or
|
|
[(2)
the removal of the signatory's disabilities of
|
|
minority by court order, marriage, or by other operation of law]. |
|
(c) Notwithstanding any other provision of this chapter, a |
|
collateral attack on an acknowledgment of paternity signed under |
|
this chapter may not be maintained after the issuance of an order |
|
affecting the child identified in the acknowledgment, including an |
|
order relating to support of the child [fourth anniversary of the
|
|
date the acknowledgment of paternity is filed with the bureau of
|
|
vital statistics unless the signatory was a minor on the date the
|
|
signatory executed the acknowledgment.
If the signatory was a
|
|
minor on the date the signatory executed the acknowledgment, a
|
|
collateral attack on the acknowledgment of paternity may not be
|
|
maintained after the earlier of the fourth anniversary of the date
|
|
of:
|
|
[(1) the signatory's 18th birthday; or
|
|
[(2)
the removal of the signatory's disabilities of
|
|
minority by court order, marriage, or by other operation of law]. |
|
SECTION 5. Section 160.309, Family Code, is amended to read |
|
as follows: |
|
Sec. 160.309. PROCEDURE FOR [RESCISSION OR] CHALLENGE. (a) |
|
Each signatory to an acknowledgment of paternity and any related |
|
denial of paternity must be made a party to a proceeding to [rescind
|
|
or] challenge the acknowledgment or denial of paternity. |
|
(b) For purposes of [the rescission of or] a challenge to an |
|
acknowledgment of paternity or denial of paternity, a signatory |
|
submits to the personal jurisdiction of this state by signing the |
|
acknowledgment or denial. The jurisdiction is effective on the |
|
filing of the document with the bureau of vital statistics. |
|
(c) Except for good cause shown, while a proceeding is |
|
pending to [rescind or] challenge an acknowledgment of paternity or |
|
a denial of paternity, the court may not suspend the legal |
|
responsibilities of a signatory arising from the acknowledgment, |
|
including the duty to pay child support. |
|
(d) A proceeding to [rescind or to] challenge an |
|
acknowledgment of paternity or a denial of paternity shall be |
|
conducted in the same manner as a proceeding to adjudicate |
|
parentage under Subchapter G. |
|
(e) At the conclusion of a proceeding to [rescind or] |
|
challenge an acknowledgment of paternity or a denial of paternity, |
|
the court shall order the bureau of vital statistics to amend the |
|
birth record of the child, if appropriate. |
|
SECTION 6. Section 160.312, Family Code, is amended to read |
|
as follows: |
|
Sec. 160.312. FORMS [FOR ACKNOWLEDGMENT AND DENIAL OF
|
|
PATERNITY]. (a) To facilitate compliance with this subchapter, |
|
the bureau of vital statistics shall prescribe forms for the: |
|
(1) acknowledgment of paternity; |
|
(2) [and the] denial of paternity; and |
|
(3) rescission of an acknowledgment or denial of |
|
paternity. |
|
(b) A valid acknowledgment of paternity, [or] denial of |
|
paternity, or rescission of an acknowledgment or denial of |
|
paternity is not affected by a later modification of the prescribed |
|
form. |
|
SECTION 7. Subchapter F, Chapter 160, Family Code, is |
|
amended by adding Section 160.512 to read as follows: |
|
Sec. 160.512. OFFENSE: FALSIFICATION OF SPECIMEN. (a) A |
|
person commits an offense if the person alters, destroys, conceals, |
|
fabricates, or falsifies genetic evidence in a proceeding to |
|
adjudicate parentage, including inducing another person to provide |
|
a specimen with the intent to affect the outcome of the proceeding. |
|
(b) An offense under this section is a felony of the third |
|
degree. |
|
(c) An order excluding a man as the biological father of a |
|
child based on genetic evidence shown to be altered, fabricated, or |
|
falsified is void and unenforceable. |
|
SECTION 8. Subsection (b), Section 160.607, Family Code, is |
|
amended to read as follows: |
|
(b) A proceeding seeking to adjudicate the parentage of a |
|
child having a [disprove the father-child relationship between a
|
|
child and the child's] presumed father may be maintained at any time |
|
if the court determines that: |
|
(1) the presumed father and the mother of the child did |
|
not live together or engage in sexual intercourse with each other |
|
during the probable time of conception; or [and] |
|
(2) the presumed father was precluded from commencing |
|
a proceeding to adjudicate the parentage of the child before the |
|
expiration of the time prescribed by Subsection (a) because of the |
|
mistaken belief that he was the child's biological father based on |
|
misrepresentations that led him to that conclusion [never
|
|
represented to others that the child was his own]. |
|
SECTION 9. Subsection (f), Section 160.608, Family Code, is |
|
amended to read as follows: |
|
(f) This section applies to a proceeding to [rescind or] |
|
challenge an acknowledgment of paternity or a denial of paternity |
|
as provided by Section 160.309(d). |
|
SECTION 10. Subsection (a), Section 160.609, Family Code, |
|
is amended to read as follows: |
|
(a) If a child has an acknowledged father, a signatory to |
|
the acknowledgment or denial of paternity may commence a proceeding |
|
under this chapter [seeking to rescind the acknowledgment or denial
|
|
or] to challenge the paternity of the child only within the time |
|
allowed under Section [160.307 or] 160.308. |
|
SECTION 11. (a) The changes in law made by this Act with |
|
respect to an acknowledgment or denial of paternity apply only to an |
|
acknowledgment or denial of paternity that becomes effective on or |
|
after the effective date of this Act. An acknowledgment or denial |
|
of paternity that became effective before the effective date of |
|
this Act is governed by the law in effect at the time the |
|
acknowledgment or denial of paternity became effective, and the |
|
former law is continued in effect for that purpose. |
|
(b) The changes in law made by this Act with respect to a |
|
proceeding to adjudicate parentage apply only to a proceeding that |
|
is commenced on or after the effective date of this Act. A |
|
proceeding to adjudicate parentage commenced before the effective |
|
date of this Act is governed by the law in effect on the date the |
|
proceeding was commenced, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 12. This Act takes effect September 1, 2011. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 502 passed the Senate on |
|
March 24, 2011, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendment on May 27, 2011, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 502 passed the House, with |
|
amendment, on May 20, 2011, by the following vote: Yeas 149, |
|
Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |