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                                                                  H.B. No. 209




AN ACT

relating to challenging an acknowledgment of paternity executed by 
a minor. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections  160.308(a) and (c), Family Code, are 
amended to read as follows:
	(a)  After the period for rescission under Section 160.307 
has expired, a signatory of an acknowledgment of paternity or 
denial of paternity may commence a proceeding to challenge the 
acknowledgment or denial only on the basis of fraud, duress, or 
material mistake of fact.  The proceeding must be commenced before 
the fourth anniversary of the date the acknowledgment or denial is 
filed with the bureau of vital statistics unless the signatory was a 
minor on the date the signatory executed the acknowledgment or 
denial. If the signatory was a minor on the date the signatory 
executed the acknowledgment or denial, the proceeding must be 
commenced before the earlier of the fourth anniversary of the date 
of:
		(1)  the signatory's 18th birthday; or                                 
		(2)  the removal of the signatory's disabilities of 
minority by court order, marriage, or by other operation of law.
	(c)  Notwithstanding any other provision of this chapter, a 
collateral attack on an acknowledgment of paternity signed under 
this chapter may not be maintained after the fourth anniversary of 
the date the acknowledgment of paternity is filed with the bureau of 
vital statistics unless the signatory was a minor on the date the 
signatory executed the acknowledgment.  If the signatory was a 
minor on the date the signatory executed the acknowledgment, a 
collateral attack on the acknowledgment of paternity may not be 
maintained after the earlier of the fourth anniversary of the date 
of:
		(1)  the signatory's 18th birthday; or                                 
		(2)  the removal of the signatory's disabilities of 
minority by court order, marriage, or by other operation of law.
	SECTION 2.  The change in law made by this Act to Section 
160.308, Family Code, applies to an acknowledgment of paternity 
executed before, on, or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 209 was passed by the House on May 11, 
2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 209 was passed by the Senate on May 
24, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor