By:  Harris                                            S.B. No. 712

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain duties regarding family law proceedings by

 1-2     clerks of the court and certain law enforcement officers and

 1-3     parties to the suit.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 3, Family Code, is amended

 1-6     by adding Section 3.531 to read as follows:

 1-7           Sec. 3.531.  WAIVER OF SERVICE.  (a)  A party to a suit for

 1-8     the dissolution of a marriage, an authorized agent of the party, or

 1-9     the party's attorney may waive the issuance or service of process

1-10     after the suit is filed by filing with the clerk of the court in

1-11     which the suit is filed the affidavit of the party acknowledging

1-12     receipt of a copy of the filed petition.

1-13           (b)  The affidavit must contain the mailing address of the

1-14     party who executed the affidavit.

1-15           (c)  The affidavit may not be sworn before an attorney in the

1-16     suit.

1-17           SECTION 2.  Subchapter C, Chapter 3, Family Code, is amended

1-18     by adding Section 3.67 to read as follows:

1-19           Sec. 3.67.  COPY OF DECREE.  The clerk of the court shall

1-20     mail a copy of the final decree of dissolution of a marriage to the

1-21     party who waived service of process under Section 3.531 by mailing

1-22     the copy of the decree to the party at the mailing address

1-23     contained in the affidavit or to the office of the party's attorney

 2-1     of record.

 2-2           SECTION 3.  Section 71.17, Family Code, is amended by

 2-3     amending Subsection (e) and adding Subsection (h) to read as

 2-4     follows:

 2-5           (e)  The clerk of the court issuing an original or modified

 2-6     protective order under this chapter shall send a copy of the order,

 2-7     along with the information provided by the applicant or the

 2-8     applicant's attorney that is required under Section 411.042(b)(5),

 2-9     Government Code, to[:]

2-10                 [(1)  the Department of Public Safety on the date the

2-11     order is issued; and]

2-12                 [(2)]  the chief of police of the city where the member

2-13     of the family or household protected by the order resides, if the

2-14     person resides in a city, or to the appropriate constable and the

2-15     sheriff of the county where the person resides, if the person does

2-16     not reside in a city, and the chief of police or constable and

2-17     sheriff shall enter the information into the statewide law

2-18     enforcement information system.

2-19           (h)  The applicant or the applicant's attorney shall provide

2-20     to the clerk of the court:

2-21                 (1)  the name and address of each law enforcement

2-22     agency, child care facility, and school to which the clerk is

2-23     required to mail a copy of the order under this section; and

2-24                 (2)  any other information required under Section

2-25     411.042(b)(5), Government Code.

 3-1           SECTION 4.  Section 158.402, Family Code, is amended to read

 3-2     as follows:

 3-3           Sec. 158.402.  EFFECT OF AGREEMENT BY PARTIES.  (a)  If a

 3-4     child support order provides for [an obligor and obligee agree on]

 3-5     a reduction in or termination of child support on the occurrence of

 3-6     an event specified in the order, the obligor and obligee may file a

 3-7     notarized request with the clerk of the court under Section 158.011

 3-8     at the time the event occurs.

 3-9           (b)  On receipt of the request under Subsection (a), the

3-10     [The] clerk shall issue and deliver a writ of withholding to the

3-11     obligor's employer consistent with the provision of the order that

3-12     provides for the reduction or termination [that reflects the agreed

3-13     modification or the termination of withholding].

3-14           SECTION 5.  (a)  This Act takes effect September 1, 1997.

3-15           (b)  The change in law made by this Act regarding waiver of

3-16     service of process in a suit for dissolution of a marriage applies

3-17     only to a suit filed on or after the effective date of this Act.  A

3-18     suit filed before the effective date of this Act is governed by the

3-19     law in effect on the date the suit was filed, and the former law is

3-20     continued in effect for that purpose.

3-21           (c)  The change in law made by this Act regarding information

3-22     that must be provided after issuance of a protective order applies

3-23     only to a protective order rendered on or after the effective date

3-24     of this Act.  A protective order rendered before the effective date

3-25     of this Act is governed by the law in effect on the date the order

 4-1     was rendered, and the former law is continued in effect for that

 4-2     purpose.

 4-3           SECTION 6.  The importance of this legislation and the

 4-4     crowded condition of the calendars in both houses create an

 4-5     emergency and an imperative public necessity that the

 4-6     constitutional rule requiring bills to be read on three several

 4-7     days in each house be suspended, and this rule is hereby suspended.