ZEM H.B. 2261 75(R)BILL ANALYSIS CIVIL PRACTICES H.B. 2261 By: Thompson 4-10-97 Committee Report (Amended) BACKGROUND An attorney in a civil court case is required to provide a current mailing address; however, there is no rule or statue which requires the party to a civil court proceeding to provide a current residence or business address. Frequently, the clerk of the court requires direct correspondence with a party and the attorney in charge either does not cooperate in providing the information, or does not have the information. A common situation requiring direct correspondence is when a party has failed to pay court costs due at the final disposition of the matter. PURPOSE The purpose of this bill is to require a party or a party's attorney in a civil action to provide the court with the name and current address of the party. 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 Chapter 30, Civil Practice and Remedies Code, by adding section 30.015 to read as follows: (a) Provides that each party or the party's attorney in a civil action must provide the clerk of the court with the party's name and current residence or business address. (b) Provides that the information must be provided at the time of filing or no later than seven days after requested by the clerk of the court. (c) Provides that the party or attorney of the party must provide the clerk of the court with the new address if it changes. (d) Provides for a fine of no more than $50 for failure to provide the address information. (e) Provides that inability to reasonably obtain the information required in Subsection (a) is a defense to the fine assessed under this section. (f) Makes information provided to the clerk of the court confidential. SECTION 2. Effective date: September 1, 1997; applies prospectively. SECTION 3. Emergency Clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 adds a new subsection (b) to the bill providing that notice may not be required from a party or party's attorney if the party has not made an appearance in the action and renumbers the subsequent sections. Committee Amendment #2 deletes the words "a fine" from subsection (d) and replaces them with the phrase "an additional cost."