Bill Text: TX SB502 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to determinations of paternity; creating an offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB502 Detail]
Download: Texas-2011-SB502-Engrossed.html
Bill Title: Relating to determinations of paternity; creating an offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB502 Detail]
Download: Texas-2011-SB502-Engrossed.html
By: West | S.B. No. 502 |
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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 [ |
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SECTION 2. Subsection (b), Section 160.305, Family Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section [ |
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160.308, a valid denial of paternity filed with the bureau of vital | ||
statistics in conjunction with a valid acknowledgment of paternity | ||
is the equivalent of an adjudication of the nonpaternity of the | ||
presumed father and discharges the presumed father from all rights | ||
and duties of a parent. | ||
SECTION 3. 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 [ |
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(3) a rescission of an acknowledgment of paternity. | ||
SECTION 4. Section 160.307, Family Code, is amended to read | ||
as follows: | ||
Sec. 160.307. PROCEDURES [ |
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A signatory may rescind an acknowledgment of paternity as provided | ||
by this section [ |
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(1) the 60th day after the effective date of the | ||
acknowledgment [ |
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(2) the date an administrative or judicial [ |
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signatory is a party is initiated [ |
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establishes child support. | ||
(b) A signatory seeking to rescind an acknowledgment 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, an | ||
administrative or judicial proceeding has not been held affecting | ||
the child identified in the acknowledgment 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 the | ||
other signatory of the acknowledgment of paternity and the | ||
signatory of any related denial of paternity; and | ||
(3) if the acknowledgment of paternity to be rescinded | ||
is filed in connection with a Title IV-D case, 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 | ||
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 5. The heading to Section 160.308, Family Code, is | ||
amended to read as follows: | ||
Sec. 160.308. CHALLENGE OF ACKNOWLEDGEMENT OR DENIAL OF | ||
PATERNITY [ |
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SECTION 6. Section 160.308, Family Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) After the period for rescission under Section 160.307 | ||
has expired, a signatory of an acknowledgment of paternity [ |
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acknowledgment [ |
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material mistake of fact. The proceeding may [ |
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at any time before the issuance of an administrative or judicial | ||
order affecting the child identified in [ |
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the child [ |
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(a-1) A signatory of a denial of paternity may commence a | ||
proceeding to challenge the denial only on the basis of fraud, | ||
duress, or material mistake of fact. The proceeding may be | ||
commenced at any time before the issuance of an administrative or | ||
judicial order affecting the child identified in the denial, | ||
including an order relating to support of the child. | ||
(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 | ||
administrative or judicial order affecting the child identified in | ||
the acknowledgment, including an order relating to support of the | ||
child [ |
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SECTION 7. Section 160.309, Family Code, is amended to read | ||
as follows: | ||
Sec. 160.309. PROCEDURE FOR [ |
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(a) Each signatory to an acknowledgment of paternity and any | ||
related denial of paternity must be made a party to a proceeding to | ||
[ |
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(b) For purposes of [ |
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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 [ |
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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 [ |
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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 [ |
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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 8. Section 160.312, Family Code, is amended to read | ||
as follows: | ||
Sec. 160.312. FORMS [ |
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the bureau of vital statistics shall prescribe forms for the: | ||
(1) acknowledgment of paternity; | ||
(2) [ |
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(3) rescission of an acknowledgment of paternity. | ||
(b) A valid acknowledgment of paternity, [ |
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paternity, or rescission of an acknowledgment of paternity is not | ||
affected by a later modification of the prescribed form. | ||
SECTION 9. Section 160.313, Family Code, is amended to read | ||
as follows: | ||
Sec. 160.313. RELEASE OF INFORMATION. The bureau of vital | ||
statistics may release information relating to the acknowledgment | ||
or denial of paternity or rescission of the acknowledgment [ |
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denial, or rescission and to the courts and Title IV-D agency of | ||
this or another state. | ||
SECTION 10. 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 11. 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 [ |
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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 [ |
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(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 [ |
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SECTION 12. Subsection (f), Section 160.608, Family Code, | ||
is amended to read as follows: | ||
(f) This section applies to a proceeding to [ |
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challenge an acknowledgment of paternity or a denial of paternity | ||
as provided by Section 160.309(d). | ||
SECTION 13. 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 | ||
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the paternity of the child only within the time allowed under | ||
Section [ |
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SECTION 14. (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 15. This Act takes effect September 1, 2011. |