BILL ANALYSIS

S.B. 813

By: Rodríguez

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recently enacted legislation defined digitized signatures and permitted their use on pleadings, motions, and other papers in suits affecting the parent-child relationship. With mandatory e-filing on the horizon, interested parties contend that similar legislation is needed to allow the use of digitized signatures in other types of family law proceedings in order to remove any question about the validity of digitized signatures in all family law suits. S.B. 813 seeks to address this issue.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 813 amends the Family Code to establish that a digitized signature on an original petition under statutory provisions relating to the marriage relationship, an original petition or application under statutory provisions relating to the child in relation to the family, an application for a protective order under statutory provisions relating to protective orders and family violence, or any other pleading or order in a proceeding under those statutory provisions satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under the Texas Rules of Civil Procedure. The bill limits the authority to apply such a digitized signature to the person whose signature is represented and requires the digitized signature to remain under the sole control of that person.

EFFECTIVE DATE

September 1, 2015.