By Solomons H.B. No. 1879
Substitute the following for H.B. No. 1879:
By Goodman C.S.H.B. No. 1879
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the change of name of a party to a suit for dissolution
1-3 of a marriage.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.64, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 3.64. CHANGE OF NAME. (a) In a decree for divorce or
1-8 annulment, the court shall <for good cause shown may> change the
1-9 name of a <either> party specifically requesting the change to a
1-10 prior used name unless the court states in the decree a reason for
1-11 denying the change of name. The court may not deny a change of
1-12 name solely to keep last names of family members the same. A
1-13 change of name does not release a person from any liability
1-14 incurred in a previous name or defeat any right which the person
1-15 held in a previous name.
1-16 (b) A person whose name is changed under this section may
1-17 apply for a change of name certificate from the clerk of the court
1-18 as provided by Section 32.241.
1-19 SECTION 2. Section 32.24, Family Code, is amended to read as
1-20 follows:
1-21 Sec. 32.24. CHANGE OF NAME IN DIVORCE SUIT. (a) On the
1-22 final disposition of a suit for divorce, annulment, or to declare a
1-23 marriage void, the court shall<, in its discretion, may> enter a
1-24 decree changing the name of a <either> party specially praying for
2-1 the change to a prior used name unless the court states in the
2-2 decree a reason for denying the change of name. The court may not
2-3 deny a change of name solely to keep last names of family members
2-4 the same.
2-5 (b) A person whose name is changed under this section may
2-6 apply for a change of name certificate from the clerk of the court
2-7 as provided by Section 32.241.
2-8 SECTION 3. Subchapter B, Chapter 32, Family Code, is amended
2-9 by adding Section 32.241 to read as follows:
2-10 Sec. 32.241. CHANGE OF NAME CERTIFICATE. (a) A person
2-11 whose name is changed under Section 3.64 or 32.24 may apply to the
2-12 clerk of the court ordering the name change for a change of name
2-13 certificate.
2-14 (b) A certificate under this section is a one-page document
2-15 that includes:
2-16 (1) the name of the person before the change of name
2-17 was ordered;
2-18 (2) the name to which the person's name was changed by
2-19 the court;
2-20 (3) the date on which the name change was made;
2-21 (4) the person's social security number and driver's
2-22 license number, if any;
2-23 (5) the name of the court in which the name change was
2-24 ordered; and
2-25 (6) the signature of the clerk of the court that
2-26 issued the certificate.
2-27 (c) An applicant for a certificate under this section shall
3-1 pay a $10 fee to the clerk of the court for issuance of the
3-2 certificate.
3-3 (d) A certificate under this section constitutes proof of
3-4 the change of name of the person named in the certificate.
3-5 SECTION 4. This Act takes effect September 1, 1995, and
3-6 applies to a request for a change of name of a party in a
3-7 proceeding for the dissolution of a marriage made on or after that
3-8 date.
3-9 SECTION 5. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.