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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain information contained in a decree of |
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dissolution of a marriage or in an order in a suit affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 6, Family Code, is amended |
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by adding Sections 6.712 and 6.713 to read as follows: |
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Sec. 6.712. CONTENTS OF DECREE. (a) The final decree of |
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dissolution of a marriage, and any modification to the decree, may |
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not contain personal information with regard to any party to the |
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decree. Any personal information that is required by this title or |
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any other law to be in the decree or in an agreement incident to the |
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decree must be listed in a separate document that contains all |
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private information that is recorded with regard to the parties to |
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the decree. |
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(b) The contents of the separate document described by |
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Subsection (a) are confidential and shall be sealed by the court. |
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Information in the document may be disclosed only as provided by |
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Section 6.713. |
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Sec. 6.713. RESTRICTING ACCESS TO PERSONAL INFORMATION. |
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The supreme court shall adopt rules restricting access to personal |
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information contained in the separate information document |
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required by Section 6.712. The rules may permit the information to |
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be maintained in a manner other than in a document. The rules must: |
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(1) permit the parties to the suit for dissolution of |
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the marriage and their attorneys to have access to all information |
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in the document, except to the extent that access to the information |
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may be restricted under other law; |
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(2) list governmental entities, including the Title |
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IV-D agency and law enforcement agencies, that in the opinion of the |
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supreme court are presumed to have a need for the information if |
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they request it and should be able to obtain the information on |
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request without demonstrating that need to the court that issued |
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the decree; |
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(3) provide that a person who is not listed in the |
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supreme court's rule under Subdivision (2) may obtain access to |
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personal information in the document only on demonstrating a need |
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for the information to the court that issued the decree; and |
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(4) establish guidelines for the courts of this state |
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to use in determining: |
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(A) whether information that is not specifically |
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described by Section 101.0275 should be considered to be similar |
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personal information for purposes of this section; and |
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(B) how best to facilitate the efficient |
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implementation of this section. |
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SECTION 2. Chapter 101, Family Code, is amended by adding |
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Section 101.0275 to read as follows: |
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Sec. 101.0275. PERSONAL INFORMATION. "Personal |
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information" includes a person's: |
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(1) social security number; |
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(2) driver's license number; |
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(3) physical home or work address; |
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(4) home, work, and cellular telephone number; |
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(5) electronic mail address; |
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(6) bank account number and other financial |
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information; and |
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(7) similar information. |
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SECTION 3. Section 105.006, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The final order in a suit, and any modification to the |
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order, may not contain personal information with regard to any |
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party to the order. Any personal information that is required by |
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this title or any other law to be in the order or in an agreement |
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incident to the order must be listed in a separate document that |
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contains all private information that is recorded with regard to |
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the parties to the order. That document [A final order], other than |
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in a proceeding under Chapter 161 or 162, must contain: |
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(1) the social security number and driver's license |
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number of each party to the suit, including the child, except that |
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the child's social security number or driver's license number is not |
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required if the child has not been assigned a social security number |
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or driver's license number; and |
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(2) each party's current residence address, mailing |
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address, home telephone number, name of employer, address of |
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employment, and work telephone number, except as provided by |
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Subsection (c). |
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(a-1) The contents of the separate document described by |
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Subsection (a) are confidential and shall be sealed by the court. |
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Information in the document may be disclosed only as provided by |
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Section 105.0065. |
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SECTION 4. Chapter 105, Family Code, is amended by adding |
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Section 105.0065 to read as follows: |
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Sec. 105.0065. RESTRICTING ACCESS TO PERSONAL INFORMATION. |
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The supreme court shall adopt rules restricting access to personal |
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information contained in the separate information document |
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required by Section 105.006(a). The rules may permit the |
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information to be maintained in a manner other than in a document. |
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The rules must: |
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(1) permit the parties to the suit and their attorneys |
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to have access to all information in the document, except to the |
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extent that access to the information may be restricted under other |
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|
law; |
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|
(2) list governmental entities, including the Title |
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|
IV-D agency and law enforcement agencies, that in the opinion of the |
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|
supreme court are presumed to have a need for the information if |
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they request it and should be able to obtain the information on |
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|
request without demonstrating that need to the court that issued |
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the order; |
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(3) provide that a person who is not listed in the |
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supreme court's rule under Subdivision (2) may obtain access to |
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personal information in the document only on demonstrating a need |
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for the information to the court that issued the order; and |
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(4) establish guidelines for the courts of this state |
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|
to use in determining: |
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(A) whether information that is not specifically |
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described by Section 101.0275 should be considered to be similar |
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personal information for purposes of this section; and |
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(B) how best to facilitate the efficient |
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implementation of this section. |
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SECTION 5. The Supreme Court of Texas shall adopt rules |
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under Sections 6.713 and 105.0065, Family Code, as added by this |
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Act, as soon as practicable, but not later than March 1, 2010. |
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SECTION 6. The change in law made by this Act applies only |
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to a decree in a suit for the dissolution of a marriage or an order |
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in a suit affecting the parent-child relationship that is rendered |
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on or after the date the rules adopted by the Supreme Court of Texas |
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under Sections 6.713 and 105.0065, Family Code, as added by this |
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Act, are adopted and take effect. A decree or order rendered |
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before the date the rules adopted by the Supreme Court of Texas |
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under Sections 6.713 and 105.0065, Family Code, as added by this |
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Act, are adopted and take effect is governed by the law in effect on |
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the date the decree or order was rendered, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. Except as provided by Section 6 of this Act, this |
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Act takes effect September 1, 2009. |