BILL ANALYSIS


                                                        H.B. 1879
                                           By: Solomons (Haywood)
                                                    Jurisprudence
                                                         05-24-95
                              Senate Committee Report (Unamended)
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 Department of
Public Safety, Social Security office, or elsewhere to have those
records reflect their name change.  It is burdensome and allows a
number of strangers access to peruse a divorce decree with its
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

As proposed, H.B. 1879 requires 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; allows 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.64, Family Code, as follows:

     Sec. 3.64.  CHANGE OF NAME.  (a)  Requires the court to change
     the name of a party specifically requesting the change to a
     prior used name unless the court states in the decree a reason
     for denying the change of name in a decree for divorce or
     annulment.  Prohibits the court from denying a change of name
     solely to keep last names of family members the same.
     
     (b)  Authorizes a person whose name is changed under this
       section, to apply for a change of name certificate from the
       clerk of the court as provided by Section 32.241.
       
       SECTION 2.   Amends Section 32.34, Family Code, as follows:

     Sec. 32.24.  CHANGE OF NAME IN DIVORCE SUIT.  (a)  Requires
     the court to enter a decree changing the name of a party
     specially praying for the change to a prior used name unless
     the court states in the decree a reason for denying the change
     of name on the final disposition of a suit for divorce,
     annulment, or to declare a marriage void.  Prohibits the court
     from denying a change of name solely to keep last names of
     family members the same.
     
     (b)  Authorizes a person whose name is changed under this
       section to apply for a change of name certificate from the
       clerk of the court as provided by Section 32.241.
       
     SECTION 3.     Amends Chapter 32B, Family Code, by adding Section
32.241, as follows:

     Sec. 32.241.  CHANGE OF NAME CERTIFICATE.  (a)  Authorizes a
     person whose name is changed under Section 3.64 or 32.24 to
     apply to the clerk of the court ordering the name change for
     a change of name certificate.
     
     (b)  Sets forth certain information to be included on a
       certificate under this section, which is a one-page
       document.
       
       (c)  Requires an applicant for a certificate under this
       section, to pay a $10 fee to the clerk of the court for
       issuance of the certificate.
       
       (d)  Provides that a certificate under this section
       constitutes proof of the change of name of the person named
       in the certificate.
       
       SECTION 4.   Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 5. Emergency clause.