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.