1-1 By: Harris S.B. No. 712
1-2 (In the Senate - Filed February 24, 1997; February 26, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 19, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; March 19, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 712 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain duties regarding family law proceedings by
1-11 clerks of the court and certain law enforcement officers and
1-12 parties to the suit.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter C, Chapter 3, Family Code, is amended
1-15 by adding Section 3.531 to read as follows:
1-16 Sec. 3.531. WAIVER OF SERVICE. (a) A party to a suit for
1-17 the dissolution of a marriage, an authorized agent of the party, or
1-18 the party's attorney may waive the issuance or service of process
1-19 after the suit is filed by filing with the clerk of the court in
1-20 which the suit is filed the affidavit of the party acknowledging
1-21 receipt of a copy of the filed petition.
1-22 (b) The affidavit must contain the mailing address of the
1-23 party who executed the affidavit.
1-24 (c) The affidavit may not be sworn before an attorney in the
1-25 suit.
1-26 SECTION 2. Subchapter C, Chapter 3, Family Code, is amended
1-27 by adding Section 3.67 to read as follows:
1-28 Sec. 3.67. COPY OF DECREE. The clerk of the court shall
1-29 mail a copy of the final decree of dissolution of a marriage to the
1-30 party who waived service of process under Section 3.531 by mailing
1-31 the copy of the decree to the party at the mailing address
1-32 contained in the affidavit or to the office of the party's attorney
1-33 of record.
1-34 SECTION 3. Section 71.17, Family Code, is amended by
1-35 amending Subsection (e) and adding Subsection (h) to read as
1-36 follows:
1-37 (e) The clerk of the court issuing an original or modified
1-38 protective order under this chapter shall send a copy of the order,
1-39 along with the information provided by the applicant or the
1-40 applicant's attorney that is required under Section 411.042(b)(5),
1-41 Government Code, to[:]
1-42 [(1) the Department of Public Safety on the date the
1-43 order is issued; and]
1-44 [(2)] the chief of police of the city where the member
1-45 of the family or household protected by the order resides, if the
1-46 person resides in a city, or to the appropriate constable and the
1-47 sheriff of the county where the person resides, if the person does
1-48 not reside in a city, and the chief of police or constable and
1-49 sheriff shall enter the information into the statewide law
1-50 enforcement information system.
1-51 (h) The applicant or the applicant's attorney shall provide
1-52 to the clerk of the court:
1-53 (1) the name and address of each law enforcement
1-54 agency, child care facility, and school to which the clerk is
1-55 required to mail a copy of the order under this section; and
1-56 (2) any other information required under Section
1-57 411.042(b)(5), Government Code.
1-58 SECTION 4. Section 158.402, Family Code, is amended to read
1-59 as follows:
1-60 Sec. 158.402. EFFECT OF AGREEMENT BY PARTIES. (a) If a
1-61 child support order provides for [an obligor and obligee agree on]
1-62 a reduction in or termination of child support on the occurrence of
1-63 an event specified in the order, the obligor and obligee may file a
1-64 notarized request with the clerk of the court under Section 158.011
2-1 at the time the event occurs.
2-2 (b) On receipt of the request under Subsection (a), the
2-3 [The] clerk shall issue and deliver a writ of withholding to the
2-4 obligor's employer consistent with the provision of the order that
2-5 provides for the reduction or termination [that reflects the agreed
2-6 modification or the termination of withholding].
2-7 SECTION 5. (a) This Act takes effect September 1, 1997.
2-8 (b) The change in law made by this Act regarding waiver of
2-9 service of process in a suit for dissolution of a marriage applies
2-10 only to a suit filed on or after the effective date of this Act. A
2-11 suit filed before the effective date of this Act is governed by the
2-12 law in effect on the date the suit was filed, and the former law is
2-13 continued in effect for that purpose.
2-14 (c) The change in law made by this Act regarding information
2-15 that must be provided after issuance of a protective order applies
2-16 only to a protective order rendered on or after the effective date
2-17 of this Act. A protective order rendered before the effective date
2-18 of this Act is governed by the law in effect on the date the order
2-19 was rendered, and the former law is continued in effect for that
2-20 purpose.
2-21 SECTION 6. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
2-26 * * * * *