78R1927 KSD-D

By:  Hamric                                                       H.B. No. 1391



A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality of pleadings and protective order 
applications in certain proceedings in the Family Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 6, Family Code, is amended 
by adding Section 6.410 to read as follows:
	Sec. 6.410.  CONFIDENTIALITY OF PLEADINGS. (a)  This section 
applies only in a county with a population of 3.4 million or more.
	(b)  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 may not be 
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.  Subchapter A, Chapter 82, Family Code, is 
amended by adding Section 82.010 to read as follows:
	Sec. 82.010.  CONFIDENTIALITY OF APPLICATION. (a)  This 
section applies only in a county with a population of 3.4 million or 
more.
	(b)  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 may not 
be 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)  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 may not be 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.  Chapter 102, Family Code, is amended by adding 
Section 102.0086 to read as follows:
	Sec. 102.0086.  CONFIDENTIALITY OF PLEADINGS. (a)  This 
section applies only in a county with a population of 3.4 million or 
more.
	(b)  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 
may not be 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)  This Act takes effect September 1, 2003.                      
	(b)  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.  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)  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.  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)  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. 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.