By Solomons                                           H.B. No. 1879
       74R6336 JMM-D
                                 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 either party specifically requesting the change unless the
   1-10  court states in the decree a reason for denying the change of name.
   1-11  The court may not deny a change of name solely to keep last names
   1-12  of family members the same.  A change of name does not release a
   1-13  person from any liability incurred in a previous name or defeat any
   1-14  right which the person held in a previous name.
   1-15        (b)  A person whose name is changed under this section may
   1-16  apply for a change of name certificate from the clerk of the court
   1-17  as provided by Section 32.241.
   1-18        SECTION 2.  Section 32.24, Family Code, is amended to read as
   1-19  follows:
   1-20        Sec. 32.24.  Change of Name in Divorce Suit.  (a)  On the
   1-21  final disposition of a suit for divorce, annulment, or to declare a
   1-22  marriage void, the court shall<, in its discretion, may> enter a
   1-23  decree changing the name of either party specially praying for the
   1-24  change unless the court states in the decree a reason for denying
    2-1  the change of name.  The court may not deny a change of name solely
    2-2  to keep last names of family members the same.
    2-3        (b)  A person whose name is changed under this section may
    2-4  apply for a change of name certificate from the clerk of the court
    2-5  as provided by Section 32.241.
    2-6        SECTION 3.  Subchapter B, Chapter 32, Family Code, is amended
    2-7  by adding Section 32.241 to read as follows:
    2-8        Sec. 32.241.  CHANGE OF NAME CERTIFICATE.  (a)  A person
    2-9  whose name is changed under Section 3.64 or 32.24 may apply to the
   2-10  clerk of the court ordering the name change for a change of name
   2-11  certificate.
   2-12        (b)  A certificate under this section is a one-page document
   2-13  that includes:
   2-14              (1)  the name of the person before the change of name
   2-15  was ordered;
   2-16              (2)  the name to which the person's name was changed by
   2-17  the court;
   2-18              (3)  the date on which the name change was made;
   2-19              (4)  the person's social security number and driver's
   2-20  license number, if any;
   2-21              (5)  the name of the court in which the name change was
   2-22  ordered; and
   2-23              (6)  the signature of the clerk of the court that
   2-24  issued the certificate.
   2-25        (c)  An applicant for a certificate under this section shall
   2-26  pay a $10 fee to the clerk of the court for issuance of the
   2-27  certificate.
    3-1        (d)  A certificate under this section constitutes proof of
    3-2  the change of name of the person named in the certificate.
    3-3        SECTION 4.  This Act takes effect September 1, 1995, and
    3-4  applies to a request for a change of name of a party in a
    3-5  proceeding for the dissolution of a marriage made on or after that
    3-6  date.
    3-7        SECTION 5.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.