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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of certain information from disclosure |
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in suits affecting the parent-child relationship and to service of |
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process in those suits on a party whose information is protected |
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from disclosure; providing a punishment for contempt of court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 105.006, Family Code, is amended by |
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amending Subsections (c), (e), and (f) and adding Subsections |
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(c-1), (c-2), (c-3), and (c-4) to read as follows: |
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(c) If a court finds after notice and hearing that requiring |
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a party to provide the information required by this section to |
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another party is likely to cause the child or a conservator |
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harassment, abuse, serious harm, or injury, or to subject the child |
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or a conservator to family violence, as defined by Section 71.004, |
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the court may render a final order omitting the information |
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required by this section and may: |
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(1) order the information not to be disclosed to |
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another party; or |
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(2) render any other order the court considers |
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necessary. |
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(c-1) If a court renders an order under Subsection (c), the |
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court shall: |
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(1) require the party with respect to whom information |
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is omitted under the final order to designate: |
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(A) a substitute post office box address that the |
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party may use in place of that party's true residential, business, |
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or school address; and |
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(B) an individual at that post office box address |
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to act as agent to receive service of process and mail on the |
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protected party's behalf; |
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(2) inform the party of the party's right to designate |
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the attorney general as the party's agent to receive service of |
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process and mail on behalf of the party through the address |
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confidentiality program created by Article 56.82, Code of Criminal |
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Procedure, and provide the party with information regarding that |
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program; and |
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(3) if the party chooses to participate in the address |
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confidentiality program described by Subdivision (2), provide the |
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party with the application for the program. |
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(c-2) The substitute address and name of the individual |
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acting as the party's agent or the designation of the attorney |
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general as the party's agent must be contained in the final order. |
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(c-3) If a party designates a substitute address and an |
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individual to act as the party's agent, any summons, writ, notice, |
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demand, or process in a matter arising under Title 1 or Title 5 may |
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be served on the designated individual in accordance with the Texas |
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Rules of Civil Procedure. |
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(c-4) If a party designates the attorney general as the |
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party's agent, any summons, writ, notice, demand, or process in a |
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matter arising under Title 1 or Title 5 may be served on the |
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attorney general in accordance with Article 56.82, Code of Criminal |
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Procedure. |
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(e) Except as provided by Subsection (c), an order in a suit |
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that orders child support or possession of or access to a child must |
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also contain the following prominently displayed statement in |
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boldfaced type, in capital letters, or underlined: |
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"UNLESS THE COURT HAS ORDERED A PARTY TO DESIGNATE A |
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SUBSTITUTE ADDRESS AND AN INDIVIDUAL TO ACT AS AN AGENT TO RECEIVE |
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SERVICE OF PROCESS, EACH PERSON WHO IS A PARTY TO THIS ORDER IS |
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ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE |
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REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, |
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MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS |
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OF EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. |
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THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF |
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THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE |
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STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED |
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CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE |
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CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS |
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ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY |
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AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE." |
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"IF THE COURT HAS ORDERED A PARTY TO DESIGNATE A SUBSTITUTE |
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ADDRESS AND AN INDIVIDUAL TO ACT AS AN AGENT TO RECEIVE SERVICE OF |
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PROCESS, THE PARTY IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, |
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AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S DESIGNATED |
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SUBSTITUTE ADDRESS OR AGENT, INCLUDING THE PARTY DESIGNATING OR |
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CEASING TO DESIGNATE THE ATTORNEY GENERAL AS THE PARTY'S AGENT |
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THROUGH THE ADDRESS CONFIDENTIALITY PROGRAM CREATED BY ARTICLE |
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56.82, CODE OF CRIMINAL PROCEDURE." |
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"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, |
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THE COURT, AND THE STATE CASE REGISTRY AND TO NOTIFY EACH OTHER |
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PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE |
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REGARDING A DESIGNATED SUBSTITUTE ADDRESS OR AGENT CONTINUES AS |
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LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION |
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TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A |
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CHILD." |
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"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE |
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EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE |
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CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION |
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TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF |
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CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX |
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MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY |
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JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. IF |
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APPLICABLE, FAILURE BY A PARTY TO NOTIFY EACH OTHER PARTY, THE |
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COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S |
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DESIGNATED SUBSTITUTE ADDRESS OR AGENT MAY RESULT IN A DEFAULT |
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JUDGMENT." |
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(f) Except for an action in which contempt is sought, in any |
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subsequent child support enforcement action, the court may: |
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(1)[,] on a showing that diligent effort has been made |
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to determine the location of a party, consider due process |
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requirements for notice and service of process to be met with |
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respect to that party on delivery of written notice to the most |
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recent residential or employer address filed by that party with the |
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court and the state case registry; or |
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(2) on a showing that diligent effort has been made to |
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determine the location of a party who is subject to an order |
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rendered under Subsection (c), consider due process requirements |
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for notice and service of process to be met with respect to that |
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party on delivery of written notice to the most recent substitute |
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address designated by the party. |
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SECTION 2. Section 105.007, Family Code, is amended to read |
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as follows: |
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Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF |
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CHANGE OF REQUIRED INFORMATION. (a) Except for a suit in which an |
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order is rendered under Subsection (c), a [A] party shall comply |
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with the order by giving written notice to each other party of an |
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intended change in the party's current residence address, mailing |
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address, home telephone number, name of employer, address of |
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employment, and work telephone number. |
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(b) Except for a suit in which an order is rendered under |
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Subsection (c), the [The] party must give written notice by |
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registered or certified mail of an intended change in the required |
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information to each other party on or before the 60th day before the |
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change is made. If the party does not know or could not have known of |
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the change in sufficient time to provide 60-day notice, the party |
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shall provide the written notice of the change on or before the |
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fifth day after the date that the party knew of the change. |
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(c) A party who has been ordered under Section 105.006(c) to |
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designate a substitute address and an individual to act as an agent |
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to receive service of process on the party's behalf, including a |
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party who has designated the attorney general as the party's agent |
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through the address confidentiality program created by Article |
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56.82, Code of Criminal Procedure, must give written notice of a |
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change in either the substituted address or the designated agent by |
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registered or certified mail on or before the 60th day before the |
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change is made. If the party does not know or could not have known of |
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the change in sufficient time to provide the 60-day notice, the |
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party shall provide the written notice of the change on or before |
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the fifth day after the date the party knew of the change [The court |
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may waive the notice required by this section on motion by a party |
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if it finds that the giving of notice of a change of the required |
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information would be likely to expose the child or the party to |
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harassment, abuse, serious harm, or injury]. |
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SECTION 3. Subtitle A, Title 5, Family Code, is amended by |
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adding Chapter 112 to read as follows: |
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CHAPTER 112. SERVICE OF PROCESS ON PARTY WHOSE INFORMATION IS |
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PROTECTED FROM DISCLOSURE |
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Sec. 112.001. UNAUTHORIZED DISCLOSURE OR DUPLICATION |
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PROHIBITED; CONTEMPT. (a) A party's information that is subject to |
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an order of nondisclosure under Section 105.006(c) rendered before |
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September 1, 2021, may be disclosed, copied, or otherwise |
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duplicated only as provided by this chapter. |
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(b) A person who violates the provisions of this chapter may |
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be punished for contempt of court. A person who is found in |
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contempt of court is subject to: |
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(1) incarceration in the county jail for a period of |
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not less than three days; and |
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(2) a fine of not less than $200 for each instance of |
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contempt. |
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Sec. 112.002. REQUEST FOR DISCLOSURE. (a) A party who |
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files any pleading seeking relief, including contempt, with respect |
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to any matter arising under this title or Title 4 against a party |
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whose information is subject to an order of nondisclosure under |
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Section 105.006(c) rendered before September 1, 2021, may request |
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disclosure of the other party's information to the clerk of the |
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court and to a person authorized to serve process under this chapter |
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solely for purposes of notice and service of process. |
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(b) A party requesting disclosure under Subsection (a) must |
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state in writing that the party does not have information necessary |
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to satisfy the due process requirements for notice and service of |
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process to the other party. |
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Sec. 112.003. DISCLOSURE TO AUTHORIZED PERSON. (a) On |
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receiving a request under Section 112.002, the clerk of the court |
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shall send a request to the state case registry for the disclosure |
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of the current residence address of the party whose information is |
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subject to an order of nondisclosure under Section 105.006(c). The |
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state case registry shall provide the requested information in |
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writing to the clerk of the court not later than the 10th day after |
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the date the state case registry receives the request. On |
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disclosure of the address by the state case registry, the clerk of |
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the court shall provide the information in writing to a person |
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authorized to serve process under this chapter. |
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(b) The information may only be provided in person at the |
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office of the clerk of the court. |
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(c) If a citation is issued, the clerk of the court shall |
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ensure that the respondent is identified on the citation by name |
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only. |
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Sec. 112.004. PERSON AUTHORIZED TO SERVE PROCESS. Unless |
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otherwise authorized by written court order, only a sheriff or |
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constable may serve process under this chapter. |
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Sec. 112.005. NOTICE SENT BY CLERK. Before or at the time |
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the citation is issued, the clerk of the court must give notice to |
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the party identified in the citation at the provided address that |
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states the style and cause number of the case. The notice must |
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contain the following prominently displayed statement in boldfaced |
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type, in capital letters, or underlined: |
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"YOUR ADDRESS HAS BEEN WITHHELD FROM DISCLOSURE FROM A PARTY |
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IN THE CAUSE NUMBER ABOVE. A CITATION HAS BEEN ISSUED TO GIVE YOU |
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NOTICE THAT A SUIT HAS BEEN FILED. YOUR ADDRESS HAS BEEN PROVIDED |
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TO A PERSON AUTHORIZED TO SERVE CITATION. YOUR ADDRESS HAS NOT BEEN |
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DISCLOSED TO ANY OTHER PARTIES. A DISCLOSURE OF YOUR INFORMATION BY |
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THE PERSON AUTHORIZED TO SERVE CITATION MAY RESULT IN THAT PERSON |
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BEING HELD IN CONTEMPT OF COURT." |
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Sec. 112.006. RETURN OF SERVICE. (a) The person who serves |
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process under this chapter shall document that process was served |
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by stating on the return of service that the respondent was served |
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at "the residence address in the clerk's data sheet" or a similar |
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statement. The above statement satisfies the requirement of Rule |
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107(b)(6), Texas Rules of Civil Procedure. The return may not state |
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the physical location where process was served. |
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(b) The person who serves process shall return to the clerk |
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of the court the copy of the information provided under Section |
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112.003(a) with the return of service. |
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(c) On receipt of the copy of the information provided under |
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Section 112.003(a), the clerk of the court shall: |
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(1) notate on the court's docket the return of the |
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copy; and |
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(2) destroy the copy. |
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Sec. 112.007. WARNING REQUIRED. The clerk of the court |
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shall attach to a copy of information provided under Section |
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112.003 the following prominently displayed statement in boldfaced |
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type, in capital letters, or underlined: |
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"TO ANY PERSON AUTHORIZED TO SERVE PROCESS: |
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"THIS DOCUMENT CONTAINS INFORMATION SUBJECT TO A COURT ORDER |
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OF NONDISCLOSURE AND IS PROVIDED TO YOU SOLELY FOR THE PURPOSE OF |
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LOCATING AND EFFECTING SERVICE OF PROCESS ON THE NAMED PERSON. YOU |
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MAY NOT DISPLAY THIS DOCUMENT OR DISCLOSE ANY OF THE INFORMATION |
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CONTAINED IN THIS DOCUMENT TO ANY PERSON. YOU MAY NOT COPY OR |
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OTHERWISE DUPLICATE THIS DOCUMENT OR THE INFORMATION IT CONTAINS. |
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ON THE RETURN OF SERVICE, YOU SHALL STATE THE PLACE OF SERVICE ONLY |
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AS "THE RESIDENCE ADDRESS IN CLERK'S DATA SHEET" OR A SIMILAR |
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STATEMENT. YOU MUST RETURN THIS DOCUMENT TO THE CLERK WITH THE |
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RETURN OF SERVICE. VIOLATION OF ANY OF THESE DIRECTIVES MAY BE |
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PUNISHED AS CONTEMPT OF COURT." |
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SECTION 4. Section 234.012, Family Code, is amended to read |
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as follows: |
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Sec. 234.012. RELEASE OF INFORMATION FROM STATE CASE |
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REGISTRY. (a) Unless prohibited by a court in accordance with |
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Section 105.006(c), the state case registry shall, on request and |
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to the extent permitted by federal law, provide the information |
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required under Sections 105.006 and 105.008 in any case included in |
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the registry under Section 234.001(b) to: |
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(1) any party to the proceeding; |
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(2) an amicus attorney; |
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(3) an attorney ad litem; |
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(4) a friend of the court; |
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(5) a guardian ad litem; |
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(6) a domestic relations office; |
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(7) a prosecuting attorney or juvenile court acting in |
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a proceeding under Title 3; or |
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(8) a governmental entity or court acting in a |
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proceeding under Chapter 262. |
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(b) Notwithstanding Subsection (a), the state case registry |
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shall release information that was subject to an order of |
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nondisclosure under Section 105.006(c) as necessary to respond to a |
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request of a clerk of court made in accordance with Chapter 112. |
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The state case registry shall release the information not later |
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than the 10th day after the date the state case registry receives |
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the request. |
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SECTION 5. The changes in law made by this Act to Sections |
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105.006 and 105.007, Family Code, apply to a suit affecting the |
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parent-child relationship pending in a trial court on or filed on or |
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after the effective date of this Act. |
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SECTION 6. Chapter 112, Family Code, as added by this Act, |
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applies only to a suit affecting the parent-child relationship that |
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is filed on or after the effective date of this Act. A suit filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the suit is filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |