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.