AN ACT
1-1 relating to certain duties regarding family law proceedings
1-2 performed by clerks of the court and certain law enforcement
1-3 officers and parties to the suit.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 6, Family Code, as added by
1-6 S.B. No. 334, Acts of the 75th Legislature, Regular Session, 1997,
1-7 is amended by adding Section 6.4035 to read as follows:
1-8 Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a suit for
1-9 the dissolution of a marriage may waive the issuance or service of
1-10 process after the suit is filed by filing with the clerk of the
1-11 court in which the suit is filed the waiver of the party
1-12 acknowledging receipt of a copy of the filed petition.
1-13 (b) The waiver must contain the mailing address of the party
1-14 who executed the waiver.
1-15 (c) The waiver must be sworn but may not be sworn before an
1-16 attorney in the suit.
1-17 (d) The Texas Rules of Civil Procedure do not apply to a
1-18 waiver executed under this section.
1-19 SECTION 2. Subchapter H, Chapter 6, Family Code, as added by
1-20 S.B. No. 334, Acts of the 75th Legislature, Regular Session, 1997,
1-21 is amended by adding Section 6.710 as follows:
1-22 Sec. 6.710. COPY OF DECREE. The clerk of the court shall
1-23 mail a copy of the final decree of dissolution of a marriage to the
2-1 party who waived service of process under Section 6.4035 by mailing
2-2 the copy of the decree to the party at the mailing address
2-3 contained in the waiver or to the office of the party's attorney of
2-4 record.
2-5 SECTION 3. Section 85.042, Family Code, as added by S.B. No.
2-6 797, Acts of the 75th Legislature, Regular Session, 1997, is
2-7 amended by amending Subsections (a) and (c) and adding Subsection
2-8 (d) to read as follows:
2-9 (a) The clerk of the court issuing an original or modified
2-10 protective order under this subtitle shall send a copy of the
2-11 order, along with the information provided by the applicant or the
2-12 applicant's attorney that is required under Section 411.042(b)(5),
2-13 Government Code, to the chief of police of the municipality in
2-14 which the member of the family or household protected by the order
2-15 resides, if the person resides in a municipality, or to the
2-16 appropriate constable and the sheriff of the county in which the
2-17 person resides, if the person does not reside in a municipality.
2-18 The chief of police or constable and sheriff shall enter the
2-19 information into the statewide law enforcement information system.
2-20 (c) The clerk of a court that vacates an original or
2-21 modified protective order under this subtitle shall notify the
2-22 chief of police or constable and sheriff who received a copy of the
2-23 original or modified order that the order is vacated.
2-24 (d) The applicant or the applicant's attorney shall provide
2-25 to the clerk of the court:
3-1 (1) the name and address of each law enforcement
3-2 agency, child-care facility, and school to which the clerk is
3-3 required to mail a copy of the order under this section; and
3-4 (2) any other information required under Section
3-5 411.042(b)(5), Government Code.
3-6 SECTION 4. (a) Except as provided by Subsection (b) of this
3-7 section, this Act takes effect September 1, 1997.
3-8 (b) Section 3 of this Act takes effect only if the 75th
3-9 Legislature, at its regular session, enacts S.B. No. 797 and that
3-10 bill becomes law. If that legislation does not become law, Section
3-11 3 of this Act has no effect.
3-12 (c) The change in law made by this Act regarding waiver of
3-13 service of process in a suit for dissolution of a marriage applies
3-14 only to a suit filed on or after the effective date of this Act. A
3-15 suit filed before the effective date of this Act is governed by the
3-16 law in effect on the date the suit was filed, and the former law is
3-17 continued in effect for that purpose.
3-18 (d) The change in law made by this Act regarding information
3-19 that must be provided after issuance of a protective order applies
3-20 only to a protective order rendered on or after the effective date
3-21 of this Act. A protective order rendered before the effective date
3-22 of this Act is governed by the law in effect on the date the order
3-23 was rendered, and the former law is continued in effect for that
3-24 purpose.
3-25 SECTION 5. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 712 passed the Senate on
March 26, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 20, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 712 passed the House, with
amendment, on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor