1-1 By: Solomons (Senate Sponsor - Haywood) H.B. No. 1879
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 17, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 24, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the change of name of a party to a suit for dissolution
1-9 of a marriage.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 3.64, Family Code, is amended to read as
1-12 follows:
1-13 Sec. 3.64. CHANGE OF NAME. (a) In a decree for divorce or
1-14 annulment, the court shall <for good cause shown may> change the
1-15 name of a <either> party specifically requesting the change to a
1-16 prior used name unless the court states in the decree a reason for
1-17 denying the change of name. The court may not deny a change of
1-18 name solely to keep last names of family members the same. A
1-19 change of name does not release a person from any liability
1-20 incurred in a previous name or defeat any right which the person
1-21 held in a previous name.
1-22 (b) A person whose name is changed under this section may
1-23 apply for a change of name certificate from the clerk of the court
1-24 as provided by Section 32.241.
1-25 SECTION 2. Section 32.24, Family Code, is amended to read as
1-26 follows:
1-27 Sec. 32.24. CHANGE OF NAME IN DIVORCE SUIT. (a) On the
1-28 final disposition of a suit for divorce, annulment, or to declare a
1-29 marriage void, the court shall<, in its discretion, may> enter a
1-30 decree changing the name of a <either> party specially praying for
1-31 the change to a prior used name unless the court states in the
1-32 decree a reason for denying the change of name. The court may not
1-33 deny a change of name solely to keep last names of family members
1-34 the same.
1-35 (b) A person whose name is changed under this section may
1-36 apply for a change of name certificate from the clerk of the court
1-37 as provided by Section 32.241.
1-38 SECTION 3. Subchapter B, Chapter 32, Family Code, is amended
1-39 by adding Section 32.241 to read as follows:
1-40 Sec. 32.241. CHANGE OF NAME CERTIFICATE. (a) A person
1-41 whose name is changed under Section 3.64 or 32.24 may apply to the
1-42 clerk of the court ordering the name change for a change of name
1-43 certificate.
1-44 (b) A certificate under this section is a one-page document
1-45 that includes:
1-46 (1) the name of the person before the change of name
1-47 was ordered;
1-48 (2) the name to which the person's name was changed by
1-49 the court;
1-50 (3) the date on which the name change was made;
1-51 (4) the person's social security number and driver's
1-52 license number, if any;
1-53 (5) the name of the court in which the name change was
1-54 ordered; and
1-55 (6) the signature of the clerk of the court that
1-56 issued the certificate.
1-57 (c) An applicant for a certificate under this section shall
1-58 pay a $10 fee to the clerk of the court for issuance of the
1-59 certificate.
1-60 (d) A certificate under this section constitutes proof of
1-61 the change of name of the person named in the certificate.
1-62 SECTION 4. This Act takes effect September 1, 1995, and
1-63 applies to a request for a change of name of a party in a
1-64 proceeding for the dissolution of a marriage made on or after that
1-65 date.
1-66 SECTION 5. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended.
2-3 * * * * *