By Goodman H.B. No. 1209
76R4572 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the clarification of certain provisions and other
1-3 technical corrections in the Family Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6.404(b), Family Code, is amended to read
1-6 as follows:
1-7 (b) The statement prescribed by Subsection (a) must be
1-8 prominently displayed [printed] in boldfaced type or capital
1-9 letters or be underlined and be signed by the party.
1-10 SECTION 2. Section 6.602(b), Family Code, is amended to read
1-11 as follows:
1-12 (b) A mediated settlement agreement is binding on the
1-13 parties if the agreement:
1-14 (1) provides, in a prominently displayed statement
1-15 that is in boldfaced type or capital letters or underlined, [in a
1-16 separate paragraph] that the agreement is not subject to
1-17 revocation;
1-18 (2) is signed by each party to the agreement; and
1-19 (3) is signed by the party's attorney, if any, who is
1-20 present at the time the agreement is signed.
1-21 SECTION 3. Section 85.026, Family Code, is amended to read
1-22 as follows:
1-23 Sec. 85.026. WARNING OF PROTECTIVE ORDER. (a) Each
1-24 protective order issued under this subtitle, including a temporary
2-1 ex parte order, must contain the following prominently displayed
2-2 [printed] statement in boldfaced [bold-faced] type, [or] capital
2-3 letters, or underlined:
2-4 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
2-5 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
2-6 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
2-7 (b) Each protective order issued under this subtitle, except
2-8 for a temporary ex parte order, must contain the following
2-9 prominently displayed [printed] statement in boldfaced [bold-faced]
2-10 type, [or] capital letters, or underlined:
2-11 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
2-12 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
2-13 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
2-14 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
2-15 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
2-16 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
2-17 FOR AT LEAST TWO YEARS."
2-18 (c) Each protective order issued under this subtitle,
2-19 including a temporary ex parte order, must contain the following
2-20 prominently displayed [printed] statement in boldfaced [bold-faced]
2-21 type, [or] capital letters, or underlined:
2-22 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
2-23 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
2-24 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
2-25 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
2-26 UNLESS A COURT CHANGES THE ORDER."
2-27 SECTION 4. Section 102.0085(b), Family Code, is amended to
3-1 read as follows:
3-2 (b) The statement required by Subsection (a) must be
3-3 prominently displayed [printed] in boldfaced type or capital
3-4 letters or be underlined and be signed by the party.
3-5 SECTION 5. Sections 105.006(d) and (e), Family Code, are
3-6 amended to read as follows:
3-7 (d) An order in a suit that orders child support or
3-8 possession of or access to a child must contain the following
3-9 prominently displayed statement [notice] in boldfaced [bold-faced]
3-10 type, [or in] capital letters, or underlined:
3-11 "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
3-12 POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
3-13 TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
3-14 CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
3-15 MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
3-16 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
3-17 "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
3-18 PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
3-19 PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
3-20 "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
3-21 DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
3-22 CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
3-23 CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT
3-24 TO THAT PARTY."
3-25 (e) Except as provided by Subsection (c), an order in a suit
3-26 that orders child support or possession of or access to a child
3-27 must also contain the following prominently displayed statement in
4-1 boldfaced [bold-faced] type, [or in] capital letters, or
4-2 underlined:
4-3 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
4-4 NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF
4-5 ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING
4-6 ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
4-7 EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE
4-8 PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE
4-9 REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE
4-10 CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE.
4-11 IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
4-12 SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO
4-13 GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE
4-14 THAT THE PARTY KNOWS OF THE CHANGE.
4-15 "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
4-16 THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
4-17 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
4-18 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
4-19 "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
4-20 PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
4-21 WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
4-22 LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
4-23 FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
4-24 TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
4-25 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
4-26 SECTION 6. Section 152.005(b), Family Code, is amended to
4-27 read as follows:
5-1 (b) Notice under this section must be delivered, mailed, or
5-2 published with sufficient time to allow for filing of an answer
5-3 before any hearing in this state, in accordance with the Texas
5-4 Rules of Civil Procedure applicable to the filing of an original
5-5 lawsuit. Each party whose rights and[, privileges,] duties[, or
5-6 powers] may be affected by the action is entitled to receive notice
5-7 by citation and shall be commanded to appear by filing a written
5-8 answer. Thereafter, the proceedings shall be as in civil cases
5-9 generally.
5-10 SECTION 7. Section 153.0071(d), Family Code, is amended to
5-11 read as follows:
5-12 (d) A mediated settlement agreement is binding on the
5-13 parties if the agreement:
5-14 (1) provides, in a prominently displayed [separate
5-15 paragraph an underlined] statement that is in boldfaced type or
5-16 capital letters or underlined, that the agreement is not subject to
5-17 revocation;
5-18 (2) is signed by each party to the agreement; and
5-19 (3) is signed by the party's attorney, if any, who is
5-20 present at the time the agreement is signed.
5-21 SECTION 8. Section 155.101(a), Family Code, is amended to
5-22 read as follows:
5-23 (a) The petitioner or the court shall request from the
5-24 bureau of vital statistics identification of the court that last
5-25 had continuing, exclusive jurisdiction of the child in a suit
5-26 unless:
5-27 (1) the petition alleges that no court has continuing,
6-1 exclusive jurisdiction of the child and the issue is not disputed
6-2 by the pleadings; or
6-3 (2) the petition alleges that the court in which the
6-4 suit[, petition for further remedy,] or petition to modify has been
6-5 filed has acquired and retains continuing, exclusive jurisdiction
6-6 of the child as the result of a prior proceeding and the issue is
6-7 not disputed by the pleadings.
6-8 SECTION 9. Section 156.003, Family Code, is amended to read
6-9 as follows:
6-10 Sec. 156.003. NOTICE. A party whose rights and[,
6-11 privileges,] duties[, or powers] may be affected by a suit for
6-12 modification is entitled to receive notice by service of citation.
6-13 SECTION 10. Section 156.301, Family Code, is amended to read
6-14 as follows:
6-15 Sec. 156.301. GROUNDS FOR MODIFICATION OF POSSESSION AND
6-16 ACCESS. The court may modify an order that sets the terms and
6-17 conditions for possession of or access to a child or that
6-18 prescribes the relative rights and[, privileges,] duties[, and
6-19 powers] of conservators if:
6-20 (1) the circumstances of the child or a person
6-21 affected by the order have materially and substantially changed
6-22 since the date of the rendition of the order;
6-23 (2) the order has become unworkable or inappropriate
6-24 under existing circumstances;
6-25 (3) the notice of change of a conservator's residence
6-26 required by Chapter 105 [153] was not given or there was a change
6-27 in a conservator's residence to a place outside this state; or
7-1 (4) a conservator has repeatedly failed to give notice
7-2 of an inability to exercise possessory rights.
7-3 SECTION 11. Section 232.006(c), Family Code, is amended to
7-4 read as follows:
7-5 (c) The notice must contain the following prominently
7-6 displayed statement in boldfaced [bold-faced] type, [or] capital
7-7 letters, or underlined:
7-8 "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
7-9 BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS
7-10 ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE
7-11 21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF
7-12 LICENSE SUSPENSION MAY BE RENDERED."
7-13 SECTION 12. Section 234.102, Family Code, as added by
7-14 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
7-15 is amended to read as follows:
7-16 Sec. 234.102. OPERATION OF NEW HIRE DIRECTORY. In
7-17 cooperation with the Texas Workforce Commission, the Title IV-D
7-18 agency shall develop and operate a state directory to which
7-19 employers in the state shall report each newly hired or rehired
7-20 employee in accordance with the requirements of 42 U.S.C. Section
7-21 653a.
7-22 SECTION 13. Section 234.103, Family Code, as added by
7-23 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
7-24 is amended to read as follows:
7-25 Sec. 234.103. CONTRACTS AND COOPERATIVE AGREEMENTS. The
7-26 Title IV-D agency may enter into cooperative agreements and
7-27 contracts as necessary to create and operate the directory
8-1 authorized under this subchapter.
8-2 SECTION 14. Section 234.104, Family Code, as added by
8-3 Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
8-4 is amended to read as follows:
8-5 Sec. 234.104. PROCEDURES. The Title IV-D agency by rule
8-6 shall establish procedures for reporting employee information and
8-7 for operating a state directory of new hires meeting the
8-8 requirements of federal law.
8-9 SECTION 15. The change in law made by this Act regarding the
8-10 manner of printing or displaying provisions in an agreement,
8-11 statement, or notice required in the Family Code applies only to an
8-12 agreement, statement, or notice executed on or after the effective
8-13 date of this Act. An agreement, statement, or notice executed
8-14 before the effective date of this Act is governed by the law in
8-15 effect when the agreement, statement, or notice was executed, and
8-16 the former law is continued in effect for that purpose.
8-17 SECTION 16. The importance of this legislation and the
8-18 crowded condition of the calendars in both houses create an
8-19 emergency and an imperative public necessity that the
8-20 constitutional rule requiring bills to be read on three several
8-21 days in each house be suspended, and this rule is hereby suspended,
8-22 and that this Act take effect and be in force from and after its
8-23 passage, and it is so enacted.