75R13963 JMM-D By Harris S.B. No. 712 Substitute the following for S.B. No. 712: By Reyna of Bexar C.S.S.B. No. 712 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain duties regarding family law proceedings 1-3 performed by clerks of the court and certain law enforcement 1-4 officers and parties to the suit. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter E, Chapter 6, Family Code, as added by 1-7 S.B. 334, Acts of the 75th Legislature, Regular Session, 1997, is 1-8 amended by adding Section 6.4035 to read as follows: 1-9 Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a suit for 1-10 the dissolution of a marriage may waive the issuance or service of 1-11 process after the suit is filed by filing with the clerk of the 1-12 court in which the suit is filed the waiver of the party 1-13 acknowledging receipt of a copy of the filed petition. 1-14 (b) The waiver must contain the mailing address of the party 1-15 who executed the waiver. 1-16 (c) The waiver must be sworn but may not be sworn before an 1-17 attorney in the suit. 1-18 (d) The Texas Rules of Civil Procedure do not apply to a 1-19 waiver executed under this section. 1-20 SECTION 2. Subchapter H, Chapter 6, Family Code, as added by 1-21 S.B. 334, Acts of the 75th Legislature, Regular Session, 1997, is 1-22 amended by adding Section 6.710 as follows: 1-23 Sec. 6.710. COPY OF DECREE. The clerk of the court shall 1-24 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. 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: 2-26 (1) the name and address of each law enforcement 2-27 agency, child-care facility, and school to which the clerk is 3-1 required to mail a copy of the order under this section; and 3-2 (2) any other information required under Section 3-3 411.042(b)(5), Government Code. 3-4 SECTION 4. (a) Except as provided by Subsection (b) of this 3-5 section, this Act takes effect September 1, 1997. 3-6 (b) Section 3 of this Act takes effect only if the 75th 3-7 Legislature, at its regular session, enacts S.B. 797 and that bill 3-8 becomes law. If that legislation does not become law, Section 3 of 3-9 this Act has no effect. 3-10 (c) The change in law made by this Act regarding waiver of 3-11 service of process in a suit for dissolution of a marriage applies 3-12 only to a suit filed on or after the effective date of this Act. A 3-13 suit filed before the effective date of this Act is governed by the 3-14 law in effect on the date the suit was filed, and the former law is 3-15 continued in effect for that purpose. 3-16 (d) The change in law made by this Act regarding information 3-17 that must be provided after issuance of a protective order applies 3-18 only to a protective order rendered on or after the effective date 3-19 of this Act. A protective order rendered before the effective date 3-20 of this Act is governed by the law in effect on the date the order 3-21 was rendered, and the former law is continued in effect for that 3-22 purpose. 3-23 SECTION 5. The importance of this legislation and the 3-24 crowded condition of the calendars in both houses create an 3-25 emergency and an imperative public necessity that the 3-26 constitutional rule requiring bills to be read on three several 3-27 days in each house be suspended, and this rule is hereby suspended.