86R877 KJE-F
 
  By: Rodríguez S.B. No. 263
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the protection of certain information from disclosure
  in suits affecting the parent-child relationship and to service of
  process in those suits on a party whose information is protected
  from disclosure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 105.006(c), Family Code, is amended to
  read as follows:
         (c)  If a court finds after notice and hearing that requiring
  a party to provide the information required by this section to
  another party is likely to cause the child or a conservator
  harassment, abuse, serious harm, or injury, or to subject the child
  or a conservator to family violence, as defined by Section 71.004,
  the court may omit the information from the final order and:
               (1)  order the information not to be disclosed to
  another party; or
               (2)  render any other order the court considers
  necessary.
         SECTION 2.  Subtitle A, Title 5, Family Code, is amended by
  adding Chapter 112 to read as follows:
  CHAPTER 112. SERVICE OF PROCESS ON PARTY WHOSE INFORMATION IS
  PROTECTED FROM DISCLOSURE
         Sec. 112.001.  UNAUTHORIZED DISCLOSURE OR DUPLICATION
  PROHIBITED; CONTEMPT.  (a)  A party's information that is subject to
  an order of nondisclosure under Section 105.006(c) may be
  disclosed, copied, or otherwise duplicated only as provided by this
  chapter.
         (b)  A person who violates the provisions of this chapter may
  be punished for contempt of court.
         Sec. 112.002.  REQUEST FOR DISCLOSURE. (a)  A party who
  files any pleading seeking relief, including contempt, with respect
  to a final order under Section 105.006 against a party whose
  information is subject to an order of nondisclosure under Section
  105.006(c) may request disclosure of the other party's information
  to a person authorized to serve process under this chapter solely
  for purposes of notice and service of process.
         (b)  A party requesting disclosure under Subsection (a) must
  state in writing that the party does not have information necessary
  to satisfy the due process requirements for notice and service of
  process to the other party.
         Sec. 112.003.  DISCLOSURE TO AUTHORIZED PERSON. (a)  On
  receiving a request under Section 112.002, the clerk of the court
  shall provide to a person authorized to serve process under this
  chapter a written copy of the current residence address of the party
  whose information is subject to an order of nondisclosure under
  Section 105.006(c).
         (b)  The information may only be provided in person at the
  office of the clerk of the court.
         (c)  If a citation is issued, the clerk of the court shall
  ensure that the respondent is identified on the citation by name
  only.
         Sec. 112.004.  PERSON AUTHORIZED TO SERVE PROCESS.
  Notwithstanding any other law, a party to the suit or other filing
  is not authorized to serve process under this chapter.
         Sec. 112.005.  RETURN OF SERVICE. (a)  The person who serves
  process under this chapter shall document that process was served
  by stating on the return of service that the respondent was served
  at "the residence address in the clerk's data sheet" or a similar
  statement. The statement satisfies the requirement of Rule
  107(b)(6), Texas Rules of Civil Procedure.
         (b)  The person who serves process must return to the clerk
  of the court the copy of the information provided under Section
  112.003(a) with the return of service. 
         (c)  On receipt of the copy of the information provided under
  Section 112.003(a), the clerk of the court shall:
               (1)  notate on the court's docket the return of the
  copy; and
               (2)  destroy the copy.
         Sec. 112.006.  WARNING REQUIRED. The clerk of the court
  shall attach to a copy of information provided under Section
  112.003 the following prominently displayed statement in boldfaced
  type, in capital letters, or underlined:
         "TO ANY PERSON AUTHORIZED TO SERVE PROCESS:
         "THIS DOCUMENT CONTAINS INFORMATION SUBJECT TO A COURT ORDER
  OF NONDISCLOSURE AND IS PROVIDED TO YOU SOLELY FOR THE PURPOSE OF
  LOCATING AND EFFECTING SERVICE OF PROCESS ON THE NAMED PERSON. YOU
  MAY NOT DISPLAY THIS DOCUMENT OR DISCLOSE ANY OF THE INFORMATION
  CONTAINED IN THIS DOCUMENT TO ANY PERSON. YOU MAY NOT COPY OR
  OTHERWISE DUPLICATE THIS DOCUMENT OR THE INFORMATION IT CONTAINS.
  ON THE RETURN OF SERVICE, YOU SHALL STATE THE PLACE OF SERVICE ONLY
  AS "THE RESIDENCE ADDRESS IN CLERK'S DATA SHEET" OR A SIMILAR
  STATEMENT. YOU MUST RETURN THIS DOCUMENT TO THE CLERK WITH THE
  RETURN OF SERVICE. VIOLATION OF ANY OF THESE DIRECTIVES MAY BE
  PUNISHED AS CONTEMPT OF COURT."
         SECTION 3.  The change in law made by this Act to Section
  105.006(c), Family Code, applies to a suit affecting the
  parent-child relationship pending in a trial court on or filed on or
  after the effective date of this Act.
         SECTION 4.  Chapter 112, Family Code, as added by this Act,
  applies only to a suit affecting the parent-child relationship that
  is filed on or after the effective date of this Act.  A suit filed
  before the effective date of this Act is governed by the law in
  effect on the date the suit is filed, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2019.