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


Office of House Bill AnalysisC.S.H.B. 920
By: Goodman
Juvenile Justice & Family Issues
3/15/2001
Committee Report (Substituted)

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.  C.S.H.B. 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

C.S.H.B. 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 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 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 (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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 920 modifies the original by restructuring certain provisions, and
by using different specified vocabulary when suitable to replace a term in
the original with a more appropriate term. 

The substitute expands the definition of "support enforcement agency" to
include a public official or public agency authorized to seek the
conservatorship of a child or the termination of parental rights (Sec.
106.102). 

The substitute clarifies that a man is entitled to notice of specified
proceedings regardless of whether he registers with the registry of
paternity (Sec. 160.402).  The substitute modifies one of the requirements
for the parental rights of a man alleged to be the father of a child to be
terminated without notice, from a man must be exempt from registration
under another provision to the man must be entitled to notice under certain
provisions (Sec. 160.404). 

The substitute 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 paternity registry from the appropriate state if the
father-child relationship has not been established for a child any year of
age, and not just a child under one year of a age (Sec. 160.421). 

The substitute increases, from two years to four years, the time period in
which a challenge to the paternity acknowledgment is permitted (Sec.
160.302).  The substitute increases, from no later than the second
anniversary to no later than the fourth anniversary, the time period after
the date of the birth of a child that a proceeding brought by a presumed
father, the mother, or another individual to adjudicate the parentage of a
child having a presumed father must be commenced (Sec. 160.607).  The
substitute also increases, from no later than the second anniversary to no
later than the fourth anniversary, the time period after the effective date
of the acknowledgment or adjudication that a proceeding to seek
adjudication of paternity of the child with an acknowledged father or an
adjudicated father brought by an individual who is not a signatory to the
acknowledgment or a party to the adjudication must commence (Sec. 160.609). 

C.S.H.B. 920 removes the provision that the release of a report of the
results of genetic testing for parentage is controlled by applicable state
law and clarifies what constitutes an offense for the intentional release
of a specimen (Sec. 160.511).  The substitute removes the authority of a
support enforcement agency to order genetic testing only if there is no
presumed, acknowledged, or adjudicated father (Sec. 160.502).  The
substitute also removes the requirement that if a party objects to the
admissibility of a report of a genetic testing expert no later than the
14th day after the date of receipt by the objecting party with specific
reasons for exclusions, then the report of a genetic testing expert is
admissible (Sec. 160.621). 

C.S.H.B. 920 provides that on a finding of parentage, the court may order
retroactive child support as provided and, on a proper showing, order a
party to pay an equitable portion of all of the prenatal and postnatal
health care expenses of the mother and the child (Sec. 160.636). 

C.S.H.B. 920 changes the effective date from September 1, 2001 to immediate
effect (SECTION 3.01).