SRC-JBJ H.B. 2964 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2964
By: Hamric (Sponsor Unknown)
Jurisprudence
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Current law regulating pleadings and other filings in family law cases
allows for full public disclosure at the time of filing.  The information
contained in filings is sometimes used by family attorneys to solicit
business.  Having instant access to this information may create a
potentially dangerous environment for those involved in the court
proceedings.  H.B. 2964 requires that filing materials in suits for
dissolution of a marriage, suits affecting the parent-child relationship,
or applications for protective or temporary ex parte orders remain
confidential for specified time periods. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 6E, Family Code, by adding Section 6.410, as
follows: 

Sec. 6.410.  CONFIDENTIALITY OF PLEADINGS.  (a)  Provides that this section
applies only in a county with a population of 1.4 million or more. 

(b)  Provides that except as otherwise provided by law, all pleadings and
other documents filed with the court in a suit for dissolution of a
marriage are confidential, are excepted from required public disclosure
under Chapter 552, Government Code, and prohibited from being released to a
person who is not a party to the suit until after the date of service of
citation or the 31st day after the date of filing the suit, whichever date
is sooner. 

SECTION 2.  Amends Chapter 102, Family Code, by adding Section 102.0086, as
follows: 

Sec. 102.0086.  CONFIDENTIALITY OF PLEADINGS.  Makes conforming changes to
provisions relating to a suit affecting the parent-child relationship. 
 
SECTION 3.  Amends Chapter 82A, Family Code, by adding Section 82.010, as
follows: 

Sec. 82.010.  CONFIDENTIALITY OF APPLICATION.  Provides that this section
applies only in a county with a population of 1.4 million or more.
Provides that except as otherwise provided by law, an application for a
protective order is confidential, is excepted from required public
disclosure under Chapter 552, Government Code, and is prohibited from being
released to a person who is not a respondent to the application until after
the date of service of notice of the application or the date of the hearing
on the application, whichever date is sooner.  Provides that except as
otherwise provided by law, an application requesting the issuance of a
temporary ex parte order under Chapter 83 is confidential, is excepted from
required public disclosure under Chapter 552, Government Code, and is
prohibited from being released to a person who is not a respondent to the
application until after the date that the court or law enforcement  informs
the respondent of the court's order. 
 
SECTION 4.  (a)  Effective date: September 1, 2001.

 (b)  Makes application of Section 6.410, Family Code, as added by this
Act, prospective. 

(c)  Makes application of Section 102.0086, Family Code, as added by this
Act, prospective. 

 (d)  Makes application of Section 82.010, Family Code, as added by this
Act, prospective.