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.