1-1     By:  Goodman (Senate Sponsor - Harris)                H.B. No. 1209
 1-2           (In the Senate - Received from the House March 29, 1999;
 1-3     March 30, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; April 27, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; April 27, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the clarification of certain provisions and other
 1-9     technical corrections in the Family Code.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 6.404(b), Family Code, is amended to read
1-12     as follows:
1-13           (b)  The statement prescribed by Subsection (a)  must be
1-14     prominently displayed [printed] in boldfaced type or capital
1-15     letters or be underlined and be signed by the party.
1-16           SECTION 2.  Section 6.602(b), Family Code, is amended to read
1-17     as follows:
1-18           (b)  A mediated settlement agreement is binding on the
1-19     parties if the agreement:
1-20                 (1)  provides, in a prominently displayed statement
1-21     that is in boldfaced type or capital letters or underlined, [in a
1-22     separate paragraph] that the agreement is not subject to
1-23     revocation;
1-24                 (2)  is signed by each party to the agreement; and
1-25                 (3)  is signed by the party's attorney, if any, who is
1-26     present at the time the agreement is signed.
1-27           SECTION 3.  Section 85.026, Family Code, is amended to read
1-28     as follows:
1-29           Sec. 85.026.  WARNING OF PROTECTIVE ORDER.  (a)  Each
1-30     protective order issued under this subtitle, including a temporary
1-31     ex parte order, must contain the following prominently displayed
1-32     [printed] statement in boldfaced [bold-faced] type, [or] capital
1-33     letters, or underlined:
1-34           "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
1-35     CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
1-36     JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
1-37           (b)  Each protective order issued under this subtitle, except
1-38     for a temporary ex parte order, must contain the following
1-39     prominently displayed [printed] statement in boldfaced [bold-faced]
1-40     type, [or] capital letters, or underlined:
1-41           "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
1-42     BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
1-43     CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
1-44     RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
1-45     MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
1-46     SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
1-47     FOR AT LEAST TWO YEARS."
1-48           (c)  Each protective order issued under this subtitle,
1-49     including a temporary ex parte order, must contain the following
1-50     prominently displayed [printed] statement in boldfaced [bold-faced]
1-51     type, [or] capital letters, or underlined:
1-52           "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
1-53     ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
1-54     PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
1-55     VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
1-56     UNLESS A COURT CHANGES THE ORDER."
1-57           SECTION 4.  Section 102.0085(b), Family Code, is amended to
1-58     read as follows:
1-59           (b)  The statement required by Subsection (a) must be
1-60     prominently displayed [printed] in boldfaced type or capital
1-61     letters or be underlined and be signed by the party.
1-62           SECTION 5.  Sections 105.006(d) and (e), Family Code, are
1-63     amended to read as follows:
1-64           (d)  An order in a suit that orders child support or
 2-1     possession of or access to a child must contain the following
 2-2     prominently displayed statement [notice] in boldfaced [bold-faced]
 2-3     type, [or in] capital letters, or underlined:
 2-4           "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
 2-5     POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
 2-6     TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A FINDING OF
 2-7     CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
 2-8     MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
 2-9     JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
2-10           "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
2-11     PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
2-12     PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
2-13           "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
2-14     DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
2-15     CHILD.  REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
2-16     CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT
2-17     TO THAT PARTY."
2-18           (e)  Except as provided by Subsection (c), an order in a suit
2-19     that orders child support or possession of or access to a child
2-20     must also contain the following prominently displayed statement
2-21     [notice] in boldfaced [bold-faced] type, [or in]  capital letters,
2-22     or underlined:
2-23           "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
2-24     NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF
2-25     ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING
2-26     ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF
2-27     EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE
2-28     PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE
2-29     REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE
2-30     CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE.
2-31     IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
2-32     SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO
2-33     GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE
2-34     THAT THE PARTY KNOWS OF THE CHANGE.
2-35           "THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY,
2-36     THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
2-37     PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
2-38     CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
2-39           "FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
2-40     PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY
2-41     WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER
2-42     LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
2-43     FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP
2-44     TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
2-45     JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."
2-46           SECTION 6.  Section 152.005(b), Family Code, is amended to
2-47     read as follows:
2-48           (b)  Notice under this section must be delivered, mailed, or
2-49     published with sufficient time to allow for filing of an answer
2-50     before any hearing in this state, in accordance with the Texas
2-51     Rules of Civil Procedure applicable to the filing of an original
2-52     lawsuit.  Each party whose rights and[, privileges,] duties[, or
2-53     powers] may be affected by the action is entitled to receive notice
2-54     by citation and shall be commanded to appear by filing a written
2-55     answer.  Thereafter, the proceedings shall be as in civil cases
2-56     generally.
2-57           SECTION 7.  Section 153.0071(d), Family Code, is amended to
2-58     read as follows:
2-59           (d)  A mediated settlement agreement is binding on the
2-60     parties if the agreement:
2-61                 (1)  provides, in a prominently displayed [separate
2-62     paragraph an underlined] statement that is in boldfaced type or
2-63     capital letters or underlined, that the agreement is not subject to
2-64     revocation;
2-65                 (2)  is signed by each party to the agreement; and
2-66                 (3)  is signed by the party's attorney, if any, who is
2-67     present at the time the agreement is signed.
2-68           SECTION 8.  Section 155.101(a), Family Code, is amended to
2-69     read as follows:
 3-1           (a)  The petitioner or the court shall request from the
 3-2     bureau of vital statistics identification of the court that last
 3-3     had continuing, exclusive jurisdiction of the child in a suit
 3-4     unless:
 3-5                 (1)  the petition alleges that no court has continuing,
 3-6     exclusive jurisdiction of the child and the issue is not disputed
 3-7     by the pleadings; or
 3-8                 (2)  the petition alleges that the court in which the
 3-9     suit[, petition for further remedy,] or petition to modify has been
3-10     filed has acquired and retains continuing, exclusive jurisdiction
3-11     of the child as the result of a prior proceeding and the issue is
3-12     not disputed by the pleadings.
3-13           SECTION 9.  Section 156.003, Family Code, is amended to read
3-14     as follows:
3-15           Sec. 156.003.  NOTICE.           A party whose rights and[,
3-16     privileges,] duties[, or powers] may be affected by a suit for
3-17     modification is entitled to receive notice by service of citation.
3-18           SECTION 10.  Section 156.301, Family Code, is amended to read
3-19     as follows:
3-20           Sec. 156.301.  GROUNDS FOR MODIFICATION OF POSSESSION AND
3-21     ACCESS.  The court may modify an order that sets the terms and
3-22     conditions for possession of or access to a child or that
3-23     prescribes the relative rights and[, privileges,] duties[, and
3-24     powers] of conservators if:
3-25                 (1)  the circumstances of the child or a person
3-26     affected by the order have materially and substantially changed
3-27     since the date of the rendition of the order;
3-28                 (2)  the order has become unworkable or inappropriate
3-29     under existing circumstances;
3-30                 (3)  the notice of change of a conservator's residence
3-31     required by Chapter 105 [153] was not given or there was a change
3-32     in a conservator's residence to a place outside this state; or
3-33                 (4)  a conservator has repeatedly failed to give notice
3-34     of an inability to exercise possessory rights.
3-35           SECTION 11.  Section 232.006(c), Family Code, is amended to
3-36     read as follows:
3-37           (c)  The notice must contain the following prominently
3-38     displayed statement in boldfaced [bold-faced] type, [or] capital
3-39     letters, or underlined:
3-40           "AN ACTION TO SUSPEND ONE OR MORE LICENSES ISSUED TO YOU HAS
3-41     BEEN FILED. YOU MAY EMPLOY AN ATTORNEY TO REPRESENT YOU IN THIS
3-42     ACTION. IF YOU OR YOUR ATTORNEY DO NOT REQUEST A HEARING BEFORE THE
3-43     21ST DAY AFTER THE DATE OF SERVICE OF THIS NOTICE, AN ORDER OF
3-44     LICENSE SUSPENSION MAY BE RENDERED."
3-45           SECTION 12.  Section 234.102, Family Code, as added by
3-46     Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
3-47     is amended to read as follows:
3-48           Sec. 234.102.  OPERATION OF NEW HIRE DIRECTORY.  In
3-49     cooperation with the Texas Workforce Commission, the Title IV-D
3-50     agency shall develop and operate a state directory to which
3-51     employers in the state shall report each newly hired or rehired
3-52     employee in accordance with the requirements of 42 U.S.C. Section
3-53     653a.
3-54           SECTION 13.  Section 234.103, Family Code, as added by
3-55     Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
3-56     is amended to read as follows:
3-57           Sec. 234.103.  CONTRACTS AND COOPERATIVE AGREEMENTS.  The
3-58     Title IV-D agency may enter into cooperative agreements and
3-59     contracts as necessary to create and operate the directory
3-60     authorized under this subchapter.
3-61           SECTION 14.  Section 234.104, Family Code, as added by
3-62     Chapter 911, Acts of the 75th Legislature, Regular Session, 1997,
3-63     is amended to read as follows:
3-64           Sec. 234.104.  PROCEDURES.  The Title IV-D agency by rule
3-65     shall establish procedures for reporting employee information and
3-66     for operating a state directory of new hires meeting the
3-67     requirements of federal law.
3-68           SECTION 15.  The change in law made by this Act regarding the
3-69     manner of printing or displaying provisions in an agreement,
 4-1     statement, or notice required in the Family Code applies only to an
 4-2     agreement, statement, or notice executed on or after the effective
 4-3     date of this Act.  An agreement, statement, or notice executed
 4-4     before the effective date of this Act is governed by the law in
 4-5     effect when the agreement, statement, or notice was executed, and
 4-6     the former law is continued in effect for that purpose.
 4-7           SECTION 16.  The importance of this legislation and the
 4-8     crowded condition of the calendars in both houses create an
 4-9     emergency and an imperative public necessity that the
4-10     constitutional rule requiring bills to be read on three several
4-11     days in each house be suspended, and this rule is hereby suspended,
4-12     and that this Act take effect and be in force from and after its
4-13     passage, and it is so enacted.
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