Texas House Bill HB313

Texas 2009 - 81st Regular

• Filed: 11/20/08
• Out of House Committee: 4/17/09
• Voted on by House: 5/14/09

Caption

Relating to certain personal information contained in a decree of dissolution of a marriage or an order in a suit affecting the parent-child relationship.

Impact

The passage of HB 313 would represent a significant shift in how personal information is handled in family law cases. By separating personal details from public documents, the bill seeks to reduce the risk of identity theft and unwanted exposure that can arise from public access to such sensitive information. This adjustment aligns with contemporary privacy concerns, ensuring that those involved in divorce or custody proceedings can proceed with a greater sense of security regarding their personal information.

Summary

House Bill 313 aims to amend the Family Code to enhance the protection of personal information in legal proceedings pertaining to the dissolution of marriage and child custody cases. Specifically, the bill prohibits the inclusion of personal identifying information in the final divorce decree or court orders affecting parent-child relationships. Instead, such personal information must be documented separately and kept confidential, with access regulated by the Supreme Court of Texas. This change is intended to safeguard sensitive data from public exposure, recognizing the vulnerability of individuals in such circumstances.

Contention

There may be concerns about the implementation and effectiveness of the proposed confidentiality measures. Opponents might argue that while the intention behind restricting access is commendable, it could lead to complications in legal processes where access to such information might be necessary for enforcement of custody agreements or other legal obligations. Furthermore, clarity is needed regarding which entities will be able to access the sealed information and under what circumstances, as this could affect the balance between privacy and public interest in family law cases.