1-1 By: Goodman (Senate Sponsor - Harris) H.B. No. 593
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 1, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 1, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to information required in certain pleadings in the Family
1-9 Code.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 82.004, Family Code, is amended to read as
1-12 follows:
1-13 Sec. 82.004. CONTENTS OF APPLICATION. An application must
1-14 state:
1-15 (1) the name and county of residence of each
1-16 applicant;
1-17 (2) the name[, address,] and county of residence of
1-18 each individual alleged to have committed family violence;
1-19 (3) the relationships between the applicants and the
1-20 individual alleged to have committed family violence; and
1-21 (4) a request for one or more protective orders.
1-22 SECTION 2. Section 102.008(b), Family Code, is amended to
1-23 read as follows:
1-24 (b) The petition must include:
1-25 (1) a statement that the court in which the petition
1-26 is filed has continuing, exclusive jurisdiction or that no court
1-27 has continuing jurisdiction of the suit;
1-28 (2) the name[, sex, place] and date of birth[, and
1-29 place of residence] of the child, except that if adoption of a
1-30 child is requested, the name of the child may be omitted;
1-31 (3) the full name[, age, and place of residence] of
1-32 the petitioner and the petitioner's relationship to the child or
1-33 the fact that no relationship exists;
1-34 (4) the names[, ages, and place of residence] of the
1-35 parents, except in a suit in which adoption is requested;
1-36 (5) the name [and place of residence] of the managing
1-37 conservator, if any, or the child's custodian, if any, appointed by
1-38 order of a court of another state or country;
1-39 (6) the names [and places of residence] of the
1-40 guardians of the person and estate of the child, if any;
1-41 (7) the names [and places of residence] of possessory
1-42 conservators or other persons, if any, having possession of or
1-43 access to the child under an order of the court;
1-44 (8) the name [and place of residence] of an alleged
1-45 father of the child or a statement that the identity of the father
1-46 of the child is unknown;
1-47 (9) a full description and statement of value of all
1-48 property owned or possessed by the child;
1-49 (10) a statement describing what action the court is
1-50 requested to take concerning the child and the statutory grounds on
1-51 which the request is made; and
1-52 (11) any other information required by this title.
1-53 SECTION 3. Section 159.602(a), Family Code, is amended to
1-54 read as follows:
1-55 (a) A support order or income-withholding order of another
1-56 state may be registered in this state by sending to the appropriate
1-57 tribunal in this state:
1-58 (1) a letter of transmittal to the tribunal requesting
1-59 registration and enforcement;
1-60 (2) two copies, including one certified copy, of all
1-61 orders to be registered, including any modification of an order;
1-62 (3) a sworn statement by the party seeking
1-63 registration or a certified statement by the custodian of the
1-64 records showing the amount of any arrearage;
2-1 (4) the name of the obligor and, if known:
2-2 (A) the obligor's [address and] social security
2-3 number;
2-4 (B) the name and address of the obligor's
2-5 employer and any other source of income of the obligor; and
2-6 (C) a description of and the location of
2-7 property of the obligor in this state not exempt from execution;
2-8 and
2-9 (5) the name [and address] of the obligee and, if
2-10 applicable, the agency or person to whom support payments are to be
2-11 remitted.
2-12 SECTION 4. (a) This Act takes effect September 1, 2001.
2-13 (b) The change in law made by Section 1 of this Act applies
2-14 to an application for a protective order filed on or after the
2-15 effective date of this Act. An application filed before that date
2-16 is governed by the law in effect on the date the application was
2-17 filed, and the former law is continued in effect for that purpose.
2-18 (c) The change in law made by Section 2 of this Act applies
2-19 to a petition in a suit affecting the parent-child relationship
2-20 filed on or after the effective date of this Act. A petition filed
2-21 before that date is governed by the law in effect on the date the
2-22 petition was filed, and the former law is continued in effect for
2-23 that purpose.
2-24 (d) The change in law made by Section 3 of this Act applies
2-25 to a request for the registration of a support or
2-26 income-withholding order of another state made on or after the
2-27 effective date of this Act. A request made before that date is
2-28 governed by the law in effect on the date the request was made, and
2-29 the former law is continued in effect for that purpose.
2-30 * * * * *