BILL ANALYSIS C.S.H.B. 1879 By: Solomons 05-03-95 Committee Report (Substituted) BACKGROUND When women change their name in a divorce they often must copy a divorce decree of 10 to 30 pages and carry it to the Driver's License office, Social Security office or elsewhere to have those records reflect their name change. It is burdensome and gives a number of strangers the opportunity to peruse their divorce decree with it's property awards and provisions relating to children. Presently, a judge can refuse to change a name in a divorce. Some judges feel women ought to keep the name of their children and refuse to change a name solely on that basis. Many women remarry within three years following a divorce and change their name from that of their children, therefore providing little reason to deny the requested name change. PURPOSE C.S.H.B. 1879 would require courts to grant a name change to a prior used name in a divorce unless the court states in the decree a specific reason for denying the name change. The bill would also allow a person whose name is changed to obtain a "Change of Name Certificate" from the court for a nominal $10 fee. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3.64, Family Code by requiring the court to grant a name change to a prior used name in a divorce or annulment unless the court states in the decree a reason for denying the name change. Prohibits the court from denying a name change solely to keep family members last names the same. Authorizes a person to apply for a name change certificate from the clerk of the court. SECTION 2. Amends Section 32.24, Family Code to conform the language to Section 3.64 of the Family Code as amended in SECTION 1. SECTION 3. Amends Subchapter B, Chapter 32, Family Code, by adding Section 32.241 as follows: Sec. 32.241. CHANGE OF NAME CERTIFICATE. Establishes procedures and requirements for a change of name certificate. SECTION 4. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1879 amends Family Code Sections 3.64 (SECTION 1) and 32.24 (SECTION 2) to clarify that "a" party, rather than "either" party, may request a name change under these sections. The substitute also specifies in these sections that the name change is "to a prior used name". SUMMARY OF COMMITTEE ACTION H.B. 1879 was considered in a public hearing on April 12, 1995. The committee considered a complete substitute. The bill was left pending in committee. On April 25, 1995, the bill was considered in a formal meeting. The substitute was adopted without objection. H.B. 1879 was reported favorably as substituted with the recommendation that it do pass and be printed and sent to the Committee on Local and Consent Calendars by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.