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.