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."