By Goodman H.B. No. 593
77R1236 KSD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to information required in certain pleadings in the Family
1-3 Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 82.004, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 82.004. CONTENTS OF APPLICATION. An application must
1-8 state:
1-9 (1) the name and county of residence of each
1-10 applicant;
1-11 (2) the name[, address,] and county of residence of
1-12 each individual alleged to have committed family violence;
1-13 (3) the relationships between the applicants and the
1-14 individual alleged to have committed family violence; and
1-15 (4) a request for one or more protective orders.
1-16 SECTION 2. Section 102.008(b), Family Code, is amended to
1-17 read as follows:
1-18 (b) The petition must include:
1-19 (1) a statement that the court in which the petition
1-20 is filed has continuing, exclusive jurisdiction or that no court
1-21 has continuing jurisdiction of the suit;
1-22 (2) the name[, sex, place] and date of birth[, and
1-23 place of residence] of the child, except that if adoption of a
1-24 child is requested, the name of the child may be omitted;
2-1 (3) the full name[, age, and place of residence] of
2-2 the petitioner and the petitioner's relationship to the child or
2-3 the fact that no relationship exists;
2-4 (4) the names[, ages, and place of residence] of the
2-5 parents, except in a suit in which adoption is requested;
2-6 (5) the name [and place of residence] of the managing
2-7 conservator, if any, or the child's custodian, if any, appointed by
2-8 order of a court of another state or country;
2-9 (6) the names [and places of residence] of the
2-10 guardians of the person and estate of the child, if any;
2-11 (7) the names [and places of residence] of possessory
2-12 conservators or other persons, if any, having possession of or
2-13 access to the child under an order of the court;
2-14 (8) the name [and place of residence] of an alleged
2-15 father of the child or a statement that the identity of the father
2-16 of the child is unknown;
2-17 (9) a full description and statement of value of all
2-18 property owned or possessed by the child;
2-19 (10) a statement describing what action the court is
2-20 requested to take concerning the child and the statutory grounds on
2-21 which the request is made; and
2-22 (11) any other information required by this title.
2-23 SECTION 3. Section 159.602(a), Family Code, is amended to
2-24 read as follows:
2-25 (a) A support order or income-withholding order of another
2-26 state may be registered in this state by sending to the appropriate
2-27 tribunal in this state:
3-1 (1) a letter of transmittal to the tribunal requesting
3-2 registration and enforcement;
3-3 (2) two copies, including one certified copy, of all
3-4 orders to be registered, including any modification of an order;
3-5 (3) a sworn statement by the party seeking
3-6 registration or a certified statement by the custodian of the
3-7 records showing the amount of any arrearage;
3-8 (4) the name of the obligor and, if known:
3-9 (A) the obligor's [address and] social security
3-10 number;
3-11 (B) the name and address of the obligor's
3-12 employer and any other source of income of the obligor; and
3-13 (C) a description of and the location of
3-14 property of the obligor in this state not exempt from execution;
3-15 and
3-16 (5) the name [and address] of the obligee and, if
3-17 applicable, the agency or person to whom support payments are to be
3-18 remitted.
3-19 SECTION 4. (a) This Act takes effect September 1, 2001.
3-20 (b) The change in law made by Section 1 of this Act applies
3-21 to an application for a protective order filed on or after the
3-22 effective date of this Act. An application filed before that date
3-23 is governed by the law in effect on the date the application was
3-24 filed, and the former law is continued in effect for that purpose.
3-25 (c) The change in law made by Section 2 of this Act applies
3-26 to a petition in a suit affecting the parent-child relationship
3-27 filed on or after the effective date of this Act. A petition filed
4-1 before that date is governed by the law in effect on the date the
4-2 petition was filed, and the former law is continued in effect for
4-3 that purpose.
4-4 (d) The change in law made by Section 3 of this Act applies
4-5 to a request for the registration of a support or
4-6 income-withholding order of another state made on or after the
4-7 effective date of this Act. A request made before that date is
4-8 governed by the law in effect on the date the request was made, and
4-9 the former law is continued in effect for that purpose.