CJ C.S.S.B. 712 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.S.B. 712 By: Harris (Goodman) 5-8-97 Committee Report (Substituted) BACKGROUND Currently, district clerks are often put in the position of sending unnecessary paperwork, trying to identify information needed in sending documents, trying to put information in files so that it can be usefully retrieved, or trying to explain why certain actions cannot be carried out by the district clerk. The bill allows for the waiver of process in certain suits, clarifies language in a child support order, and requires that a person provide certain information to certain state agencies. PURPOSE As proposed, the bill allows for the waiver of process in certain suits, clarifies language in a child support order, and requires that a person provide certain information to certain state agencies. 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 Subchapter E, Chapter 6, Family Code, by adding Section 6.4035, as follows: Sec. 6.4035. WAIVER OF SERVICE. Authorizes a party to a suit for the dissolution of a marriage to waive issuance or service of process after the suit is filed by filing an affidavit with the clerk of the court. Requires the affidavit to contain the mailing address of the party who executed the affidavit. Prohibits the affidavit from being sworn before an attorney in the suit. The Texas Rules of Civil Procedure do not apply to a waiver under this section. SECTION 2. Amends Subchapter H, Chapter 6, Family Code, by adding Section 6.710, as follows: Sec. 6.710. COPY OF DECREE. Requires the clerk of the court to mail a copy of the final decree of dissolution of a marriage to the party who waived process. SECTION 3. Amends Section 85.042, Family Code, by amending Subsection (a) and (c) and adding Subsection (d), as follows: (a) Requires the clerk of the court to send a copy of a protective order, along with information provided by the applicant or the applicant's attorney that is required under Section 411.042(b)(5), Government Code, to the chief of police of the city where the member of the family or household protected by the order resides, it the person resides in a city, or to the appropriate constable and the sheriff of the county where the person resides, if the person does not reside in a city, who shall enter the information into the statewide law enforcement information system. (c) Requires the clerk of the court to notify constables in addition to police chiefs and sheriffs, who received the original order, when the court vacates a protective order. (d) Lists information the applicant's attorney must provide to the clerk of the court. SECTION 4. Effective date: September 1, 1997. Makes application of this Act prospective. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds the new code numbers needed as a result of the recodification of Title 4 of the Family Code. The Substitute deletes SECTION 4 of the original.