HBA-LJP H.B. 920 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 920
By: Goodman
Juvenile Justice & Family Issues
7/10/2001
Enrolled

BACKGROUND AND PURPOSE 

In the last few years, the Drafting Committee of the National Conference of
Commissioners on Uniform State Laws has been working with prosecutors,
matrimonial lawyers, the federal Office of Child Support Enforcement, the
U.S. Department of Health and Human Services, genetic testing laboratories,
and other pertinent entities to draft legislation.  The National Conference
of Commissioners on Uniform State Laws drafted the Uniform Parentage Act
(2000) for the 50 states to create a national uniform treatment of the
parent-child relationship.  House Bill 920 is based on the Uniform
Parentage Act (2000) and sets forth provisions and modifications relating
to the parent-child relationship. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the bureau of vital statistics of the
Texas Department of Health and to the office of the attorney general in
SECTION 1.01 (Section 160.314, Family Code) of this bill. 

ANALYSIS

House Bill 920 amends the Family and Texas Probate codes to add the Uniform
Parentage Act and repeal current provisions relating to the determination
of parentage, the establishment of the parent-child relationship, and
assisted conception.  The bill repeals the use of specified vocabulary and
when suitable, replaces the term with a more appropriate term. 

The bill amends the Family Code to set forth provisions relating to the
establishment of the mother-child and father-child relationship (Sec.
160.201).  The bill provides that a child born to parents who are not
married to each other has the same rights under the law as a child born to
parents who are married to each other (Sec. 160.202).  The bill provides
that if a man is married to the mother of a child before, during, or after
the birth of the child and other specified regulations are fulfilled, then
a presumption of paternity is established that may be rebutted only by
adjudication under certain provisions (Sec. 160.204).  The bill sets forth
provisions relating to the acknowledgment and denial of paternity, and sets
forth requirements, rules, and effects for the acknowledgment or denial
(Secs. 160.301-160.305).  The bill provides that filing fees are
prohibited, and sets forth provisions relating to the recission of an
acknowledgment of paternity (Secs. 160.306-160.309).  The bill bars
ratification of an unchallenged acknowledgment of paternity and requires
the acknowledgment or denial of paternity to be given full faith and credit
(Secs. 160.310 and 160.311).  The bill requires the bureau of vital
statistics (bureau) of the Texas Department of Health to prescribe forms
for the acknowledgment or denial of paternity and authorizes the bureau to
release related information to the signatory and Title IV-D agencies (Secs.
160.312 and 160.313).  The bill provides that the office of the attorney
general, the state's designated Title IV-D agency, and the bureau adopt
rules and a memorandum of understanding to implement voluntary
acknowledgment of paternity (Secs. 160.314 and 160.315).  The bill sets
forth procedures for a suit filed before September 1, 2003 by a man who
executed a voluntary statement of paternity before September 1, 1999 and is
the subject of a final order based on that statement to contest an
acknowledgment of paternity on the basis of fraud, duress, or material
mistake. These provisions expire on September 1, 2004 (Sec. 160.316). 

The bill sets forth a registry of paternity (registry) in the bureau and
provides for the registration for notification by a man (registrant) who
desires to be notified of a proceeding (Secs. 160.401-160.403 and
160.411).  If the man alleged to be the father of a child does not timely
register with the bureau and is not entitled to notice under other
provisions, then his parental rights may be terminated without notice (Sec.
160.404).  The bill requires the bureau to notify the registrant that the
registration was not timely filed (Sec. 160.415).  The bill sets forth
provisions relating to the furnishing of information by the bureau,
confidentiality, and the offense for the unauthorized release of
information.  While the bill requires the bureau to send a copy of the
notice of registration to the mother of the concerned child, the bureau is
not required to attempt to locate the mother who has not provided an
address (Secs. 160.412 and 160.413). The bill sets forth provisions
relating to the recission of registration and prohibits the bureau from
charging fees for filing or rescinding a registration (Secs. 160.414 and
160.416).  The bill provides that a petitioner for the adoption of or the
termination of parental rights must obtain a certificate of the results of
a search of the paternity registry (certificate) from the appropriate state
if: 

_the father-child relationship has not been established; or

_the petitioner has reason to believe that the conception or birth of the
child occurred in another state (Sec. 160.421). 

The bill sets forth provisions relating to the search, certificate, and the
admissibility of the certificate in a proceeding regarding the adoption of
or the termination of parental rights and other relevant legal proceedings
(Secs. 160.422 and 160.423). 

The bill sets forth provisions relating to genetic testing and provides for
the order of testing, requirements for testing, report of the testing,
testing results, rebuttal of those results, and costs of the testing (Secs.
160.501-160.506).  The bill provides for additional genetic testing,
testing when all individuals are not available, testing of a deceased
individual, and testing of identical brothers (Secs. 160.507-160.510).  The
bill provides for the confidentiality of the testing and provides that the
intentional release of an identifiable specimen for any purpose not
relevant to the parentage proceeding is an offense (Sec. 160.511). 

The bill authorizes a civil proceeding to adjudicate parentage and sets
forth provisions relating to standing, necessary parties, personal
jurisdiction, venue, and joinder of proceedings (Secs. 160.601-160.605 and
160.610).  The bill sets forth time limitations for proceedings (Secs.
160.606, 160.607, and 160.609). The bill grants a court authority to deny a
motion for testing and sets forth provisions relating to the admissibility
of results of testing and consequences of declining genetic testing (Secs.
160.608, 160.621, and 160.622).  The bill sets forth provisions relating to
proceedings before birth and proper representation when a child is a party
to the proceedings (Secs. 160.611 and 160.612). The bill sets forth the
guidelines for a respondent in a proceeding to admit to the paternity of a
child and if the court finds the admission meets the pertinent
requirements, then the bill requires the court to render an order
adjudicating the child to be the child of the man admitting paternity.  The
bill also requires the court, when appropriate, to render a temporary order
for child support or a temporary order for the possession of or access to
the child (Secs. 160.623 and 160.624).  The bill requires the court to
apply stipulated rules to adjudicate the paternity of the child.  The bill
also requires the court to adjudicate paternity without a jury (Secs.
160.631 and 160.632).  The bill sets forth provisions relating to the
inspection of records, order on default, dismissal for want of prosecution,
orders adjudicating parentage and related costs and fees (Secs.
160.633-160.636). The bill provides for the binding effect of determination
of parentage (Sec.160.637). 

The bill provides for a child of assisted reproduction and provides that a
donor is not a parent of a child conceived by means of assisted
reproduction (Secs. 160.701 and 160.702).  The bill provides that consent
to assisted reproduction must be in a record signed by a married woman and
her husband (Sec. 160.704). The bill provides that unless there are
specific circumstances, a wife who gives birth to a child by means of
assisted reproduction may not challenge a husband's paternity of the child
(Sec. 160.705).  The bill also provides that a husband who provides sperm
for or consents to assisted reproduction by the wife is the father of a
resulting child (Sec. 160.703).  The bill provides for the effect of
dissolution of marriage and the parental status of a deceased spouse (Secs.
160.706 and 160.707). 


 EFFECTIVE DATE

June 14, 2001.