1 | 1 | | 81R679 KKA-D |
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2 | 2 | | By: Dutton H.B. No. 914 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to certain personal information contained in a decree of |
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8 | 8 | | dissolution of a marriage or an order in a suit affecting the |
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9 | 9 | | parent-child relationship. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter H, Chapter 6, Family Code, is amended |
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12 | 12 | | by adding Section 6.712 to read as follows: |
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13 | 13 | | Sec. 6.712. PERSONAL INFORMATION IN DECREE. (a) In this |
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14 | 14 | | section, "personal information" means: |
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15 | 15 | | (1) an individual's social security number; |
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16 | 16 | | (2) an individual's bank account number and similar |
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17 | 17 | | financial information; and |
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18 | 18 | | (3) the name and birth date of each child of an |
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19 | 19 | | individual. |
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20 | 20 | | (b) A final decree of dissolution of a marriage, and any |
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21 | 21 | | modification of the decree, may not contain personal information |
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22 | 22 | | with regard to any party to the decree. Any personal information |
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23 | 23 | | that is required by this title or any other law to be in the decree |
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24 | 24 | | or modification must be listed in a separate document titled |
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25 | 25 | | "CONFIDENTIAL DATA PAGE" in bold type. |
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26 | 26 | | (c) The separate document described by Subsection (b) must |
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27 | 27 | | include the cause number and style of the proceeding. |
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28 | 28 | | (d) The personal information in the separate document |
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29 | 29 | | described by Subsection (b) is confidential and may be disclosed |
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30 | 30 | | only to: |
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31 | 31 | | (1) a party to the proceeding or an attorney for a |
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32 | 32 | | party to the proceeding; |
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33 | 33 | | (2) a law enforcement agency, the Title IV-D agency, |
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34 | 34 | | or another governmental entity conducting a criminal investigation |
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35 | 35 | | or establishing or enforcing a child support order; or |
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36 | 36 | | (3) another person authorized to obtain the |
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37 | 37 | | information by a court order that includes a finding of good cause |
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38 | 38 | | for disclosing the information to that person. |
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39 | 39 | | (e) This section does not require a court to grant access to |
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40 | 40 | | confidential personal information if access is restricted by other |
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41 | 41 | | law. |
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42 | 42 | | SECTION 2. Section 105.006(a), Family Code, is amended to |
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43 | 43 | | read as follows: |
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44 | 44 | | (a) A final order, other than in a proceeding under Chapter |
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45 | 45 | | 161 or 162, must contain: |
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46 | 46 | | (1) the [social security number and] driver's license |
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47 | 47 | | number of each party to the suit, including the child, except that |
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48 | 48 | | the child's [social security number or] driver's license number is |
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49 | 49 | | not required if the child has not been assigned a [social security |
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50 | 50 | | number or] driver's license number; and |
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51 | 51 | | (2) each party's current residence address, mailing |
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52 | 52 | | address, home telephone number, name of employer, address of |
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53 | 53 | | employment, and work telephone number, except as provided by |
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54 | 54 | | Subsection (c). |
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55 | 55 | | SECTION 3. Chapter 105, Family Code, is amended by adding |
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56 | 56 | | Section 105.010 to read as follows: |
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57 | 57 | | Sec. 105.010. PERSONAL INFORMATION IN CERTAIN ORDERS. (a) |
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58 | 58 | | In this section, "personal information" means: |
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59 | 59 | | (1) an individual's social security number; |
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60 | 60 | | (2) an individual's bank account number and similar |
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61 | 61 | | financial information; and |
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62 | 62 | | (3) the name and birth date of each child of an |
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63 | 63 | | individual. |
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64 | 64 | | (b) An order in a suit affecting the parent-child |
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65 | 65 | | relationship may not contain personal information with regard to |
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66 | 66 | | any party to the suit. Any personal information that is required by |
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67 | 67 | | this title or any other law to be in the order must be listed in a |
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68 | 68 | | separate document titled "CONFIDENTIAL DATA PAGE" in bold type. |
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69 | 69 | | (c) The separate document described by Subsection (b) must |
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70 | 70 | | include the cause number and style of the proceeding. |
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71 | 71 | | (d) The personal information in the separate document |
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72 | 72 | | described by Subsection (b) is confidential and may be disclosed |
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73 | 73 | | only to: |
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74 | 74 | | (1) a party to the suit or an attorney for a party to |
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75 | 75 | | the suit; |
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76 | 76 | | (2) a law enforcement agency, the Title IV-D agency, |
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77 | 77 | | or another governmental entity conducting a criminal investigation |
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78 | 78 | | or enforcing a child support order; or |
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79 | 79 | | (3) another person authorized to obtain the |
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80 | 80 | | information by a court order that includes a finding of good cause |
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81 | 81 | | for disclosing the information to that person. |
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82 | 82 | | (e) This section does not require a court to grant access to |
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83 | 83 | | confidential personal information if access is restricted by other |
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84 | 84 | | law. |
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85 | 85 | | SECTION 4. The changes in law made by this Act apply only to |
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86 | 86 | | a decree of dissolution of a marriage or order in a suit affecting |
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87 | 87 | | the parent-child relationship that is rendered or issued on or |
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88 | 88 | | after the effective date of this Act. A decree or order rendered or |
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89 | 89 | | issued before the effective date of this Act is governed by the law |
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90 | 90 | | in effect on the date the decree or order was rendered or issued, |
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91 | 91 | | and the former law is continued in effect for that purpose. |
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92 | 92 | | SECTION 5. This Act takes effect September 1, 2009. |
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