By: Carona S.B. No. 478

(In the Senate - Filed January 14, 2009; February 17, 2009, read first time and referred to Committee on Jurisprudence; March 23, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; March 23, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 478 By: Carona

A BILL TO BE ENTITLED

AN ACT

relating to personal information contained in certain decrees and orders in family law proceedings.

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

SECTION 1. Chapter 1, Family Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. MISCELLANEOUS PROVISIONS

Sec. 1.151. PERSONAL INFORMATION IN CERTAIN DECREES AND ORDERS. (a) In this section:

(1) "Domestic relations office" has the meaning assigned by Section 203.001.

(2) "Personal information" means an individual's:

(A) complete social security number;

(B) complete driver's license number; and

(C) complete account number for an account with a bank or other financial institution, including credit and debit card accounts and insurance-related accounts.

(b) Except as provided by Subsection (e), the following decrees and orders, including any temporary orders, enforcement orders, or modification orders related to the following decrees and orders, may not contain personal information with regard to any party to the proceeding:

(1) a final decree of dissolution of a marriage, including a decree of annulment and a decree declaring a marriage void;

(2) an order in a suit affecting the parent-child relationship, including an order adjudicating parentage;

(3) an order related to the disposition of marital property;

(4) an order related to an award of spousal maintenance; and

(5) an order related to an award of child support.

(c) Except as provided by Subsection (e), personal information regarding a party must be listed in a separate document titled "CONFIDENTIAL DATA PAGE" in boldfaced type that also includes:

(1) the cause number and style of the proceeding;

(2) the name of each party to the proceeding; and

(3) the current residence address and mailing address of each party to the proceeding.

(d) Access to the confidential data page required by Subsection (c) may be granted only to a person listed in Subsection (f).

(e) If personal information is required by any federal or state law or agency rule or regulation to be included in a decree or order described by Subsection (b), the decree or order is confidential. Access to a document described by this subsection may be granted only to a person listed in Subsection (f).

(f) Access to the confidential data page required by Subsection (c) or a decree or order described by Subsection (e) may be granted only to:

(1) a party to the proceeding or an attorney for a party to the proceeding;

(2) a law enforcement agency, the Title IV-D agency, or another governmental entity conducting a criminal investigation or establishing or enforcing a child support order;

(3) a representative of the Department of Family and Protective Services;

(4) a representative of a domestic relations office;

(5) the attorney general or an assistant or representative of the attorney general;

(6) a representative of a pension fund managing a qualified plan under Section 401(a), Internal Revenue Code of 1986, in connection with the handling and administration of a proposed or approved qualified domestic relations order, if a party to the proceeding:

(A) is a current or former member of the qualified plan;

(B) is currently receiving a benefit from the qualified plan, including as an alternate payee;

(C) is identified by plan records as a beneficiary under the qualified plan; or

(D) is making or has made a claim for distribution of benefits, including as an alternate payee, from the qualified plan through the submission of a qualified domestic relations order; and

(7) any other person authorized to obtain the information by a court order that includes a finding of good cause for disclosing the information to that person.

(g) This section does not require a court to grant access to confidential personal information if access is restricted by other law.

(h) Notwithstanding Subsection (f), this section does not limit or otherwise affect:

(1) the authority of the Title IV-D agency or a domestic relations office to collect and use personal information for child support purposes; or

(2) the use by the clerk of a court, for reference purposes only, of the last four numbers of a bank account number.

SECTION 2. Subsections (a) and (e), Section 105.006, Family Code, are amended to read as follows:

(a) A final order, other than in a proceeding under Chapter 161 or 162, must contain:

(1) the last three numbers of the social security number and the last three numbers of the driver's license number of each party to the suit, including the child, except that the child's partial social security number or partial driver's license number is not required if the child has not been assigned a social security number or driver's license number; and

(2) each party's current residence address, mailing address, home telephone number, name of employer, address of employment, and work telephone number, except as provided by Subsection (c).

(e) Except as provided by Subsection (c), an order in a suit that orders child support or possession of or access to a child must also contain the following prominently displayed statement in boldfaced type, capital letters, or underlined:

"EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, [DRIVER'S LICENSE NUMBER,] AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.

"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS."

SECTION 3. The changes in law made by this Act apply only to a decree or order that is rendered or issued on or after the effective date of this Act. A decree or order rendered or issued before the effective date of this Act is governed by the law in effect on the date the decree or order was rendered or issued, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2009.

* * * * *