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.

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