By Harris S.B. No. 712
75R6676 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain duties by clerks of court in family law
1-3 proceedings.
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
1-24 of record.
2-1 SECTION 3. Section 71.17, Family Code, is amended by
2-2 amending Subsection (e) and adding Subsection (h) to read as
2-3 follows:
2-4 (e) The clerk of the court issuing an original or modified
2-5 protective order under this chapter shall send a copy of the order
2-6 to:
2-7 (1) the Department of Public Safety on the date the
2-8 order is issued along with the information provided by the
2-9 applicant or the applicant's attorney that is required under
2-10 Section 411.042(b)(5), Government Code; and
2-11 (2) the chief of police of the city where the member
2-12 of the family or household protected by the order resides, if the
2-13 person resides in a city, or to the appropriate constable and the
2-14 sheriff of the county where the person resides, if the person does
2-15 not reside in a city.
2-16 (h) The applicant or the applicant's attorney shall provide
2-17 to the clerk of the court:
2-18 (1) the name and address of each law enforcement
2-19 agency, child care facility, and school to which the clerk is
2-20 required to mail a copy of the order under this section; and
2-21 (2) any other information required under Section
2-22 411.042(b)(5), Government Code.
2-23 SECTION 4. Section 102.013, Family Code, is amended by
2-24 amending Subsection (b) and adding Subsection (c) to read as
2-25 follows:
2-26 (b) Except as provided by Subsection (c), if [If] a suit
2-27 requests the adoption of a child, the clerk shall file the suit and
3-1 all other papers relating to the suit in a new file having a new
3-2 docket number.
3-3 (c) The clerk is not required to file a suit that requests
3-4 the adoption of a child in a new file with a new docket number if:
3-5 (1) the adoption of the child and termination of the
3-6 parent-child relationship with regard to the child is requested in
3-7 the court having continuing exclusive jurisdiction of the suit
3-8 affecting the parent-child relationship in which the adoption and
3-9 termination is requested; and
3-10 (2) the court acquired continuing exclusive
3-11 jurisdiction of the suit affecting the parent-child relationship
3-12 before the date the adoption was requested.
3-13 SECTION 5. Section 158.402, Family Code, is amended to read
3-14 as follows:
3-15 Sec. 158.402. EFFECT OF AGREEMENT BY PARTIES. (a) If a
3-16 child support order provides for [an obligor and obligee agree on]
3-17 a reduction in or termination of child support on the occurrence
3-18 of an event specified in the order, the obligor and obligee may
3-19 file a notarized request with the clerk of the court under Section
3-20 158.011 at the time the event occurs.
3-21 (b) On receipt of the request under Subsection (a), the
3-22 [The] clerk shall issue and deliver a writ of withholding to the
3-23 obligor's employer consistent with the provision of the order that
3-24 provides for the reduction or termination [that reflects the agreed
3-25 modification or the termination of withholding].
3-26 SECTION 6. (a) This Act takes effect September 1, 1997.
3-27 (b) The change in law made by this Act regarding waiver of
4-1 service of process in a suit for dissolution of a marriage applies
4-2 only to a suit filed on or after the effective date of this Act. A
4-3 suit filed before the effective date of this Act is governed by the
4-4 law in effect on the date the suit was filed, and the former law is
4-5 continued in effect for that purpose.
4-6 (c) The change in law made by this Act regarding information
4-7 that must be provided after issuance of a protective order applies
4-8 only to a protective order rendered on or after the effective date
4-9 of this Act. A protective order rendered before the effective date
4-10 of this Act is governed by the law in effect on the date the order
4-11 was rendered, and the former law is continued in effect for that
4-12 purpose.
4-13 (d) The change in law made by this Act regarding the
4-14 transfer of a proceeding in a suit affecting the parent-child
4-15 relationship applies only to a transfer that is ordered on or after
4-16 the effective date of this Act. A transfer ordered before the
4-17 effective date of this Act is governed by the law in effect on the
4-18 date the transfer was ordered, and the former law is continued in
4-19 effect for that purpose.
4-20 SECTION 7. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.