81R1277 KKA-D
By: Dutton H.B. No. 305
A BILL TO BE ENTITLED
AN ACT
relating to circumstances involving extrinsic fraud in
establishment of paternity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 160, Family Code, is
amended by adding Section 160.107 to read as follows:
Sec. 160.107. PATERNITY ORDER BASED ON EXTRINSIC FRAUD. A
person identified in a court order as the father of a child who
demonstrates that the order was obtained by fraudulent
representations made by the child's mother to induce the person
into believing that the person was the child's father satisfies any
requirement in law that the person demonstrate the existence of
extrinsic fraud in order to be entitled to equitable relief from the
order through a bill of review or other judicial action.
SECTION 2. Section 160.107, Family Code, as added by this
Act, applies to any order identifying a person as the father of a
child, regardless of the date on which the order was rendered.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.