SRC-JLB H.B. 1391 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1391
78R1927 KSD-DBy: Hamric (Gallegos)
Jurisprudence
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Current statutes regulating pleadings and other filings in family law
cases allow for full public disclosure at the time of filing.  The
information contained in filings, once obtained, is sometimes used by
family attorneys to solicit business.  The Fifth Circuit Court of Appeals
found that the solicitation of business in family cases is legal under the
United States Constitution and the confidentiality requirements propounded
by the bill are not inconsistent with the court's decision.  H.B. 1391
requires the confidentiality of pleadings in three types of  family cases
filed in Harris County:  suits affecting the parent-child relationship,
divorces, and protective order requests. 

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 Subchapter E, Chapter 6, 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 3.4 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 are 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 Subchapter A, Chapter 82, Family Code, by adding
Section 82.010, as follows: 
 
Sec. 82.010.  CONFIDENTIALITY OF APPLICATION. (a)  Provides that this
section applies only in a county with a population of 3.4 million or more. 
 
(b)  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. 
 
(c)  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 3.  Amends Chapter 102, Family Code, by adding Section 102.0086,
as follows: 
 
Sec. 102.0086.  CONFIDENTIALITY OF PLEADINGS. (a)  Provides that this
section applies only in a county with a population of 3.4 million or more. 
 
(b)  Provides that except as otherwise provided by law, all pleadings and
other documents filed with the court in a suit affecting the parent-child
relationship are confidential, are excepted from required public
disclosure under Chapter 552, Government Code, and are 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 4.  (a)  Effective date:  September 1, 2003.
 
(b)  Provides that Section 6.410, Family Code, as added by this Act,
applies only to a suit for dissolution of a marriage filed on or after the
effective date of this Act.  Provides that a suit for dissolution of a
marriage filed before the effective date of this Act is governed by the
law in effect on the date the suit was filed, and the former law is
continued in effect for that purpose. 
 
(c)  Provides that Section 82.010, Family Code, as added by this Act,
applies only to an application under Title 4, Family Code, for a
protective order or temporary ex parte order filed on or after the
effective date of this Act.  Provides that an application for a protective
order or temporary ex parte order filed before the effective date of this
Act is governed by the law in effect on the date the application was
filed, and the former law is continued in effect for that purpose. 
 
(d)  Provides that Section 102.0086, Family Code, as added by this Act,
applies only to a suit affecting the parent-child relationship filed on or
after the effective date of this Act. Provides that a suit affecting the
parent-child relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.