By Hamric                                             H.B. No. 2964
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of pleadings and protective order
 1-3     applications in certain proceedings in the Family Code.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter E, Chapter 6, Family Code, is amended
 1-6     by adding Section 6.410 to read as follows:
 1-7           Sec. 6.410.  CONFIDENTIALITY OF PLEADINGS. (a)  This section
 1-8     applies only in a county with a population of 1.4 million or more.
 1-9           (b)  Except as otherwise provided by law, all pleadings and
1-10     other documents filed with the court in a suit for dissolution of a
1-11     marriage are confidential, are excepted from required public
1-12     disclosure under Chapter 552, Government Code, and may not be
1-13     released to a person who is not a party to the suit until after the
1-14     date of service of citation or the 31st day after the date of
1-15     filing the suit, whichever date is sooner.
1-16           SECTION 2. Chapter 102, Family Code, is amended by adding
1-17     Section 102.0086 to read as follows:
1-18           Sec. 102.0086.  CONFIDENTIALITY OF PLEADINGS. (a)  This
1-19     section applies only in a county with a population of 1.4 million
1-20     or more.
1-21           (b)  Except as otherwise provided by law, all pleadings and
1-22     other documents filed with the court in a suit affecting the
1-23     parent-child relationship are confidential, are excepted from
1-24     required public disclosure under Chapter 552, Government Code, and
 2-1     may not be released to a person who is not a party to the suit
 2-2     until after the date of service of citation or the 31st day after
 2-3     the date of filing the suit, whichever date is sooner.
 2-4           SECTION 3. Subchapter A, Chapter 82, Family Code, is amended
 2-5     by adding Section 82.010 to read as follows:
 2-6           Sec. 82.010.  CONFIDENTIALITY OF APPLICATION. (a)  This
 2-7     section applies only in a county with a population of 1.4 million
 2-8     or more.
 2-9           (b)  Except as otherwise provided by law, an application for
2-10     a protective order is confidential, is excepted from required
2-11     public disclosure under Chapter 552, Government Code, and may not
2-12     be released to a person who is not a respondent to the application
2-13     until after the date of service of notice of the application or the
2-14     date of the hearing on the application, whichever date is sooner.
2-15           (c)  Except as otherwise provided by law, an application
2-16     requesting the issuance of a temporary ex parte order under Chapter
2-17     83 is confidential, is excepted from required public disclosure
2-18     under Chapter 552, Government Code, and may not be released to a
2-19     person who is not a respondent to the application until after the
2-20     date that the court or law enforcement informs the respondent of
2-21     the court's order.
2-22           SECTION 4. (a)  This Act takes effect September 1, 2001.
2-23           (b)  Section 6.410, Family Code, as added by this Act,
2-24     applies only to a suit for dissolution of a marriage filed on or
2-25     after the effective date of this Act.  A suit for dissolution of a
2-26     marriage filed before the effective date of this Act is governed by
2-27     the law in effect on the date the suit was filed, and the former
 3-1     law is continued in effect for that purpose.
 3-2           (c)  Section 102.0086, Family Code, as added by this Act,
 3-3     applies only to a suit affecting the parent-child relationship
 3-4     filed on or after the effective date of this Act.  A suit affecting
 3-5     the parent-child relationship filed before the effective date of
 3-6     this Act is governed by the law in effect on the date the suit was
 3-7     filed, and the former law is continued in effect for that purpose.
 3-8           (d)  Section 82.010, Family Code, as added by this Act,
 3-9     applies only to an application under Title 4, Family Code, for a
3-10     protective order or temporary ex parte order filed on or after the
3-11     effective date of this Act.  An application for a protective order
3-12     or temporary ex parte order filed before the effective date of this
3-13     Act is governed by the law in effect on the date the application
3-14     was filed, and the former law is continued in effect for that
3-15     purpose.