81R267 KSD-D
By: Raymond H.B. No. 313
A BILL TO BE ENTITLED
AN ACT
relating to access to certain information contained in a decree of
dissolution of a marriage or in an order in a suit affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 6, Family Code, is amended
by adding Sections 6.712 and 6.713 to read as follows:
Sec. 6.712. CONTENTS OF DECREE. (a) The final decree of
dissolution of a marriage, and any modification to the decree, may
not contain personal information with regard to any party to the
decree. Any personal information that is required by this title or
any other law to be in the decree or in an agreement incident to the
decree must be listed in a separate document that contains all
private information that is recorded with regard to the parties to
the decree.
(b) The contents of the separate document described by
Subsection (a) are confidential and shall be sealed by the court.
Information in the document may be disclosed only as provided by
Section 6.713.
Sec. 6.713. RESTRICTING ACCESS TO PERSONAL INFORMATION.
The supreme court shall adopt rules restricting access to personal
information contained in the separate information document
required by Section 6.712. The rules may permit the information to
be maintained in a manner other than in a document. The rules must:
(1) permit the parties to the suit for dissolution of
the marriage and their attorneys to have access to all information
in the document, except to the extent that access to the information
may be restricted under other law;
(2) list governmental entities, including the Title
IV-D agency and law enforcement agencies, that in the opinion of the
supreme court are presumed to have a need for the information if
they request it and should be able to obtain the information on
request without demonstrating that need to the court that issued
the decree;
(3) provide that a person who is not listed in the
supreme court's rule under Subdivision (2) may obtain access to
personal information in the document only on demonstrating a need
for the information to the court that issued the decree; and
(4) establish guidelines for the courts of this state
to use in determining:
(A) whether information that is not specifically
described by Section 101.0275 should be considered to be similar
personal information for purposes of this section; and
(B) how best to facilitate the efficient
implementation of this section.
SECTION 2. Chapter 101, Family Code, is amended by adding
Section 101.0275 to read as follows:
Sec. 101.0275. PERSONAL INFORMATION. "Personal
information" includes a person's:
(1) social security number;
(2) driver's license number;
(3) physical home or work address;
(4) home, work, and cellular telephone number;
(5) electronic mail address;
(6) bank account number and other financial
information; and
(7) similar information.
SECTION 3. Section 105.006, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The final order in a suit, and any modification to the
order, may not contain personal information with regard to any
party to the order. Any personal information that is required by
this title or any other law to be in the order or in an agreement
incident to the order must be listed in a separate document that
contains all private information that is recorded with regard to
the parties to the order. That document [A final order], other than
in a proceeding under Chapter 161 or 162, must contain:
(1) the social security number and driver's license
number of each party to the suit, including the child, except that
the child's social security number or 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).
(a-1) The contents of the separate document described by
Subsection (a) are confidential and shall be sealed by the court.
Information in the document may be disclosed only as provided by
Section 105.0065.
SECTION 4. Chapter 105, Family Code, is amended by adding
Section 105.0065 to read as follows:
Sec. 105.0065. RESTRICTING ACCESS TO PERSONAL INFORMATION.
The supreme court shall adopt rules restricting access to personal
information contained in the separate information document
required by Section 105.006(a). The rules may permit the
information to be maintained in a manner other than in a document.
The rules must:
(1) permit the parties to the suit and their attorneys
to have access to all information in the document, except to the
extent that access to the information may be restricted under other
law;
(2) list governmental entities, including the Title
IV-D agency and law enforcement agencies, that in the opinion of the
supreme court are presumed to have a need for the information if
they request it and should be able to obtain the information on
request without demonstrating that need to the court that issued
the order;
(3) provide that a person who is not listed in the
supreme court's rule under Subdivision (2) may obtain access to
personal information in the document only on demonstrating a need
for the information to the court that issued the order; and
(4) establish guidelines for the courts of this state
to use in determining:
(A) whether information that is not specifically
described by Section 101.0275 should be considered to be similar
personal information for purposes of this section; and
(B) how best to facilitate the efficient
implementation of this section.
SECTION 5. The Supreme Court of Texas shall adopt rules
under Sections 6.713 and 105.0065, Family Code, as added by this
Act, as soon as practicable, but not later than March 1, 2010.
SECTION 6. The change in law made by this Act applies only
to a decree in a suit for the dissolution of a marriage or an order
in a suit affecting the parent-child relationship that is rendered
on or after the date the rules adopted by the Supreme Court of Texas
under Sections 6.713 and 105.0065, Family Code, as added by this
Act, are adopted and take effect. A decree or order rendered
before the date the rules adopted by the Supreme Court of Texas
under Sections 6.713 and 105.0065, Family Code, as added by this
Act, are adopted and take effect is governed by the law in effect on
the date the decree or order was rendered, and the former law is
continued in effect for that purpose.
SECTION 7. Except as provided by Section 6 of this Act, this
Act takes effect September 1, 2009.