SRC-AAA S.B. 712 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 712
By: Harris
Jurisprudence
3-5-97
As Filed


DIGEST 

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.  S.B. 712 allows for the waiver of process in
certain suits, exempts clerks from opening certain new files, clarifies
language in a child support order, and requires that a person provide
certain information to the Department of Public Safety and other state
agencies. 

PURPOSE

As proposed, S.B. 712 allows for the waiver of process in certain suits,
exempts clerks from opening certain new files, clarifies language in a
child support order, and requires that a person provide certain
information to the Department of Public Safety and other state agencies. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 3C, Family Code, by adding Section 3.531, as
follows: 

Sec. 3.531. 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. 

SECTION 2. Amends Chapter 3C, Family Code, by adding Section 3.67, as
follows: 

Sec. 3.67. 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 71.17, Family Code, by amending Subsection (e)
and adding Subsection (h), as follows: 

(e)  Requires the clerk of the court to send a copy of a protective order
to the Department of Public Safety along with information provided by the
applicant or the applicant's attorney that is required under Section
411.042(b)(5), Government Code. 

(h) Sets forth certain information an applicant's attorney is required to
send to the clerk of the court. 

SECTION 4. Amends Section 102.013, Family Code, by amending Subsection (b)
and adding Subsection (c) as follows: 

(b)  Requires the clerk of the court to file a suit and all other papers
relating to the suit in a new file having a new docket number, if a suit
requests the adoption of a child, except  as provided by Subsection (c). 

(c) Provides that the clerk of the court is not required to file a suit
and all other papers relating to the suit in a new file having a new
docket number, if a suit requests the adoption of a child, if certain
provisions are met. 

SECTION 5. Amends Section 158.402, Family Code, to authorize an obligor
and obligee to file a notarized request for reduction of child support
with the clerk of the court under Section 158.011, Family Code, at the
time the event occurs, if the child support order provides for a reduction
or termination of child support on the occurrence of an event specified in
the order.  Requires the clerk to issue and deliver a writ of withholding
to the obligor's employer consistent with the provision of the order that
provides for the reduction or termination of child support, on receipt of
the request under Subsection (a). 

SECTION 6. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 7. Emergency clause.