80R6409 DAK-F

By: Darby H.B. No. 2104

A BILL TO BE ENTITLED

AN ACT

relating to the use of driver's license and social security numbers in certain court documents.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 30.015, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 30.015. PROVISION OF CURRENT IDENTIFYING INFORMATION [ADDRESS] OF PARTY IN CIVIL ACTION. (a) In a civil action filed in a district court, county court, statutory county court, or statutory probate court, each party or the party's attorney must provide the clerk of the court with proof [written notice] of the party's name and current residence or business address, driver's license number, and social security number. The court shall ensure that the clerk of the court takes appropriate steps so that only the last two numbers of the driver's license and the last four numbers of the social security number are available to the public, and the clerk may redact or otherwise remove the other numbers from all documents associated with the action.

(b) The proof [notice] required by Subsection (a) may not be required from any party or party's attorney if such party has not appeared or answered in the civil action.

(c) The proof [notice] required by Subsection (a) must be provided at the time the party files its initial pleading with the court or not later than the seventh day after the date the clerk of the court requests the information. The clerk of the court shall request the information on or before the 21st day after the date the party files its initial pleading if the proof of the information is not contained in the initial pleading.

(d) If the party's information required by Subsection (a) [address] changes during the course of a civil action, the party or the party's attorney must provide the clerk of the court with proof [written notice] of the party's new information [address].

(e) If the party or the party's attorney fails to provide the proof [notice] required by Subsection (a), the trial court may assess a fine against the party of not more than $500 [$50].

(f) It is not a defense to a fine assessed under this section that the party or the party's attorney could not reasonably obtain and provide the information required by Subsection (a).

SECTION 2. Section 52.003(a), Property Code, is amended to read as follows:

(a) An abstract of a judgment must show:

(1) the names of the plaintiff and defendant;

(2) the birthdate [and driver's license number] of the defendant, if available to the clerk or justice;

(3) the last two numbers of the driver's license of the defendant;

(4) the last four numbers of the social security number of the defendant;

(5) the number of the suit in which the judgment was rendered;

(6) [(4)] the defendant's address, or if the address is not shown in the suit, the nature of citation and the date and place of service of citation;

(7) [(5)] the date on which the judgment was rendered;

(8) [(6)] the amount for which the judgment was rendered and the balance due;

(9) [(7)] the amount of the balance due, if any, for child support arrearage; and

(10) [(8)] the rate of interest specified in the judgment.

SECTION 3. (a) Section 30.015, Civil Practice and Remedies Code, as amended by this Act, applies only to a civil action commenced on or after the effective date of this Act. A civil action commenced before the effective date of this Act is governed by the law in effect immediately before the change in law made by this Act, and that law is continued in effect for that purpose.

(b) Section 52.003(a), Property Code, as amended by this Act, applies only to an abstract of judgment prepared on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2007.