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.
4-14 * * * * *