82R2189 EES-F
By: Parker H.B. No. 435
A BILL TO BE ENTITLED
AN ACT
relating to suits affecting the parent-child relationship that
involve an alleged father who has not registered with the paternity
registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.008(b), Family Code, is amended to
read as follows:
(b) The petition must include:
(1) a statement that the court in which the petition is
filed has continuing, exclusive jurisdiction or that no court has
continuing jurisdiction of the suit;
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) except as provided by Sections 161.002(b)(2) and
(3) in a proceeding in which adoption or termination of parental
rights is requested, the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made; and
(11) any other information required by this title.
SECTION 2. Section 107.013(a), Family Code, is amended to
read as follows:
(a) In a suit filed by a governmental entity in which
termination of the parent-child relationship is requested, the
court shall appoint an attorney ad litem to represent the interests
of:
(1) an indigent parent of the child who responds in
opposition to the termination;
(2) a parent served by citation by publication; and
(3) [an alleged father who failed to register with the
registry under Chapter 160 and whose identity or location is
unknown; and
[(4)] an alleged father who registered with the
paternity registry under Chapter 160, but the petitioner's attempt
to personally serve citation at the address provided to the
registry and at any other address for the alleged father known by
the petitioner has been unsuccessful.
SECTION 3. Sections 102.008(b) and 107.013(a), Family Code,
as amended by this Act, apply to a suit affecting the parent-child
relationship filed on or after the effective date of this Act. A
suit affecting the parent-child relationship filed before the
effective date of this Act is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2011.