| 1 | 1 | | 81R1277 KKA-D |
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| 2 | 2 | | By: Dutton H.B. No. 305 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to circumstances involving extrinsic fraud in |
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| 8 | 8 | | establishment of paternity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 160, Family Code, is |
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| 11 | 11 | | amended by adding Section 160.107 to read as follows: |
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| 12 | 12 | | Sec. 160.107. PATERNITY ORDER BASED ON EXTRINSIC FRAUD. A |
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| 13 | 13 | | person identified in a court order as the father of a child who |
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| 14 | 14 | | demonstrates that the order was obtained by fraudulent |
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| 15 | 15 | | representations made by the child's mother to induce the person |
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| 16 | 16 | | into believing that the person was the child's father satisfies any |
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| 17 | 17 | | requirement in law that the person demonstrate the existence of |
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| 18 | 18 | | extrinsic fraud in order to be entitled to equitable relief from the |
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| 19 | 19 | | order through a bill of review or other judicial action. |
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| 20 | 20 | | SECTION 2. Section 160.107, Family Code, as added by this |
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| 21 | 21 | | Act, applies to any order identifying a person as the father of a |
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| 22 | 22 | | child, regardless of the date on which the order was rendered. |
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| 23 | 23 | | SECTION 3. This Act takes effect immediately if it receives |
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| 24 | 24 | | a vote of two-thirds of all the members elected to each house, as |
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| 25 | 25 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 26 | 26 | | Act does not receive the vote necessary for immediate effect, this |
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| 27 | 27 | | Act takes effect September 1, 2009. |
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