78R5458 JRD-D

By:  Raymond                                                      H.B. No. 2268



A BILL TO BE ENTITLED

AN ACT

relating to restricting the availability of certain information 
contained in a final decree of divorce or annulment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 6, Family Code, is amended 
by adding Section 6.712 to read as follows:
	Sec. 6.712.  RESTRICTING ACCESS TO CERTAIN INFORMATION IN 
DECREE OR INCIDENT AGREEMENT.  (a)  In this section, "personal 
information" includes a person's social security number; driver's 
license number; physical home or work address; home, work, or 
cellular telephone number; electronic mail address; bank account 
number or other financial information; and similar information.
	(b)  The supreme court shall adopt rules restricting access 
to personal information contained in a final decree of divorce or 
annulment, including information in an agreement incident to the 
divorce or annulment that is incorporated by reference in the final 
decree.  The rules must:
		(1)  permit the parties to the suit for dissolution of 
the marriage and their attorneys to have access to all information 
in the decree, except to the extent that access to the information 
may be restricted under other law;
		(2)  list governmental entities, such as the Title IV-D 
agency, as that term is defined by Section 101.033, and law 
enforcement agencies, that in the opinion of the supreme court are 
presumed to have a need for the information if they request it and 
should be able to obtain the information on request without 
demonstrating that need to the court that issued the decree;
		(3)  provide that a person who is not listed in the 
supreme court's rule under Subdivision (2) may obtain access  to 
personal information in the decree only on demonstrating a need for 
the information to the court that issued the decree; and
		(4)  establish guidelines for the courts of this state 
to use in determining:
			(A)  whether information that is not specifically 
described by Subsection (a) should be considered to be similar 
personal information for purposes of this section; and
			(B)  how best to segregate personal information 
from other information in the decree to facilitate the efficient 
implementation of this section.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.